[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2943 Enrolled Bill (ENR)]

S.2943

One Hundred Fourteenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen

An Act

To authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2017''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Uniform Code of Military Justice Reform.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for AH-64E Apache helicopters.
Sec. 112. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 113. Distributed Common Ground System-Army increment 1.
Sec. 114. Assessment of certain capabilities of the Department of the
Army.

Subtitle C--Navy Programs

Sec. 121. Determination of vessel delivery dates.
Sec. 122. Incremental funding for detail design and construction of LHA
replacement ship designated LHA 8.
Sec. 123. Littoral Combat Ship.
Sec. 124. Limitation on use of sole-source shipbuilding contracts for
certain vessels.
Sec. 125. Limitation on availability of funds for the Advanced Arresting
Gear Program.
Sec. 126. Limitation on availability of funds for procurement of U.S.S.
Enterprise (CVN-80).
Sec. 127. Sense of Congress on aircraft carrier procurement schedules.
Sec. 128. Report on P-8 Poseidon aircraft.
Sec. 129. Design and construction of replacement dock landing ship
designated LX(R) or amphibious transport dock designated LPD-
29.

Subtitle D--Air Force Programs

Sec. 131. EC-130H Compass Call recapitalization program.
Sec. 132. Repeal of requirement to preserve certain retired C-5
aircraft.
Sec. 133. Repeal of requirement to preserve F-117 aircraft in recallable
condition.
Sec. 134. Prohibition on availability of funds for retirement of A-10
aircraft.
Sec. 135. Limitation on availability of funds for destruction of A-10
aircraft in storage status.
Sec. 136. Prohibition on availability of funds for retirement of Joint
Surveillance Target Attack Radar System aircraft.
Sec. 137. Elimination of annual report on aircraft inventory.

Subtitle E--Defense-wide, Joint, and Multiservice Matters

Sec. 141. Standardization of 5.56mm rifle ammunition.
Sec. 142. Fire suppressant and fuel containment standards for certain
vehicles.
Sec. 143. Limitation on availability of funds for destruction of certain
cluster munitions.
Sec. 144. Report on Department of Defense munitions strategy for the
combatant commands.
Sec. 145. Modifications to reporting on use of combat mission
requirements funds.
Sec. 146. Report on alternative management structures for the F-35 joint
strike fighter program.
Sec. 147. Comptroller General review of F-35 Lightning II aircraft
sustainment support.
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.
Sec. 149. Study and report on optimal mix of aircraft capabilities for
the Armed Forces.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Laboratory quality enhancement program.
Sec. 212. Modification of mechanisms to provide funds for defense
laboratories for research and development of technologies for
military missions.
Sec. 213. Making permanent authority for defense research and
development rapid innovation program.
Sec. 214. Authorization for National Defense University and Defense
Acquisition University to enter into cooperative research and
development agreements.
Sec. 215. Manufacturing Engineering Education Grant Program.
Sec. 216. Notification requirement for certain rapid prototyping,
experimentation, and demonstration activities.
Sec. 217. Increased micro-purchase threshold for research programs and
entities.
Sec. 218. Improved biosafety for handling of select agents and toxins.
Sec. 219. Designation of Department of Defense senior official with
principal responsibility for directed energy weapons.
Sec. 220. Restructuring of the distributed common ground system of the
Army.
Sec. 221. Limitation on availability of funds for the countering weapons
of mass destruction system Constellation.
Sec. 222. Limitation on availability of funds for Defense Innovation
Unit Experimental.
Sec. 223. Limitation on availability of funds for Joint Surveillance
Target Attack Radar System (JSTARS) recapitalization program.
Sec. 224. Acquisition program baseline and annual reports on follow-on
modernization program for F-35 Joint Strike Fighter.

Subtitle C--Reports and Other Matters

Sec. 231. Strategy for assured access to trusted microelectronics.
Sec. 232. Pilot program on evaluation of commercial information
technology.
Sec. 233. Pilot program for the enhancement of the research,
development, test, and evaluation centers of the Department of
Defense.
Sec. 234. Pilot program on modernization and fielding of electromagnetic
spectrum warfare systems and electronic warfare capabilities.
Sec. 235. Pilot program on disclosure of certain sensitive information
to federally funded research and development centers.
Sec. 236. Pilot program on enhanced interaction between the Defense
Advanced Research Projects Agency and the service academies.
Sec. 237. Independent review of F/A-18 physiological episodes and
corrective actions.
Sec. 238. B-21 bomber development program accountability matrices.
Sec. 239. Study on helicopter crash prevention and mitigation
technology.
Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum
Warfare Capabilities.
Sec. 241. Sense of Congress on development and fielding of fifth
generation airborne systems.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B--Energy and Environment

Sec. 311. Modified reporting requirement related to installations energy
management.
Sec. 312. Waiver authority for alternative fuel procurement requirement.
Sec. 313. Utility data management for military facilities.
Sec. 314. Alternative technologies for munitions disposal.
Sec. 315. Report on efforts to reduce high energy costs at military
installations.
Sec. 316. Sense of Congress on funding decisions relating to climate
change.

Subtitle C--Logistics and Sustainment

Sec. 321. Revision of deployability rating system and planning reform.
Sec. 322. Revision of guidance relating to corrosion control and
prevention executives.
Sec. 323. Pilot program for inclusion of certain industrial plants in
the Armament Retooling and Manufacturing Support Initiative.
Sec. 324. Repair, recapitalization, and certification of dry docks at
naval shipyards.
Sec. 325. Private sector port loading assessment.
Sec. 326. Strategy on revitalizing Army organic industrial base.

Subtitle D--Reports

Sec. 331. Modifications to Quarterly Readiness Report to Congress.
Sec. 332. Report on average travel costs of members of the reserve
components.
Sec. 333. Report on HH-60G sustainment and Combat Rescue Helicopter
program.

Subtitle E--Other Matters

Sec. 341. Air navigation matters.
Sec. 342. Contract working dogs.
Sec. 343. Plan, funding documents, and management review relating to
explosive ordnance disposal.
Sec. 344. Process for communicating availability of surplus ammunition.
Sec. 345. Mitigation of risks posed by window coverings with accessible
cords in certain military housing units.
Sec. 346. Access to military installations by transportation companies.
Sec. 347. Access to wireless high-speed Internet and network connections
for certain members of the Armed Forces.
Sec. 348. Limitation on availability of funds for Office of the Under
Secretary of Defense for Intelligence.
Sec. 349. Limitation on development and fielding of new camouflage and
utility uniforms.
Sec. 350. Plan for improved dedicated adversary air training enterprise
of the Air Force.
Sec. 351. Independent review and assessment of the Ready Aircrew Program
of the Air Force.
Sec. 352. Study on space-available travel system of the Department of
Defense.
Sec. 353. Evaluation of motor carrier safety performance and safety
technology.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2017 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 416. Technical corrections to annual authorization for personnel
strengths.

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Reduction in number of general and flag officers on active
duty and authorized strength after December 31, 2022, of such
general and flag officers.
Sec. 502. Repeal of statutory specification of general or flag officer
grade for various positions in the Armed Forces.
Sec. 503. Number of Marine Corps general officers.
Sec. 504. Promotion eligibility period for officers whose confirmation
of appointment is delayed due to nonavailability to the Senate
of probative information under control of non-Department of
Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard
to requirement for retirement for years of service.
Sec. 506. Equal consideration of officers for early retirement or
discharge.
Sec. 507. Modification of authority to drop from rolls a commissioned
officer.
Sec. 508. Extension of force management authorities allowing enhanced
flexibility for officer personnel management.
Sec. 509. Pilot programs on direct commissions to cyber positions.
Sec. 510. Length of joint duty assignments.
Sec. 510A. Revision of definitions used for joint officer management.

Subtitle B--Reserve Component Management

Sec. 511. Authority for temporary waiver of limitation on term of
service of Vice Chief of the National Guard Bureau.
Sec. 512. Rights and protections available to military technicians.
Sec. 513. Inapplicability of certain laws to National Guard technicians
performing active Guard and Reserve duty.
Sec. 514. Extension of removal of restrictions on the transfer of
officers between the active and inactive National Guard.
Sec. 515. Extension of temporary authority to use Air Force reserve
component personnel to provide training and instruction
regarding pilot training.
Sec. 516. Expansion of eligibility for deputy commander of combatant
command having United States among geographic area of
responsibility to include officers of the Reserves.

Subtitle C--General Service Authorities

Sec. 521. Matters relating to provision of leave for members of the
Armed Forces, including prohibition on leave not expressly
authorized by law.
Sec. 522. Transfer of provision relating to expenses incurred in
connection with leave canceled due to contingency operations.
Sec. 523. Expansion of authority to execute certain military
instruments.
Sec. 524. Medical examination before administrative separation for
members with post-traumatic stress disorder or traumatic brain
injury in connection with sexual assault.
Sec. 525. Reduction of tenure on the temporary disability retired list.
Sec. 526. Technical correction to voluntary separation pay and benefits.
Sec. 527. Consolidation of Army marketing and pilot program on
consolidated Army recruiting.

Subtitle D--Member Whistleblower Protections and Correction of Military
Records

Sec. 531. Improvements to whistleblower protection procedures.
Sec. 532. Modification of whistleblower protection authorities to
restrict contrary findings of prohibited personnel action by
the Secretary concerned.
Sec. 533. Availability of certain Correction of Military Records and
Discharge Review Board information through the Internet.
Sec. 534. Improvements to authorities and procedures for the correction
of military records.
Sec. 535. Treatment by discharge review boards of claims asserting post-
traumatic stress disorder or traumatic brain injury in
connection with combat or sexual trauma as a basis for review
of discharge.
Sec. 536. Comptroller General of the United States review of integrity
of Department of Defense whistleblower program.

Subtitle E--Military Justice and Legal Assistance Matters

Sec. 541. United States Court of Appeals for the Armed Forces.
Sec. 542. Effective prosecution and defense in courts-martial and pilot
programs on professional military justice development for
judge advocates.
Sec. 543. Inclusion in annual reports on sexual assault prevention and
response efforts of the Armed Forces of information on
complaints of retaliation in connection with reports of sexual
assault in the Armed Forces.
Sec. 544. Extension of the requirement for annual report regarding
sexual assaults and coordination with release of Family
Advocacy Program report.
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to
prevent and respond to retaliation in connection with reports
of sexual assault in the Armed Forces.
Sec. 546. Training for Department of Defense personnel who investigate
claims of retaliation.
Sec. 547. Notification to complainants of resolution of investigations
into retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes
of investigations by commanding officers of complaints of
harassment.
Sec. 549. Improved Department of Defense prevention of and response to
hazing in the Armed Forces.

Subtitle F--National Commission on Military, National, and Public
Service

Sec. 551. Purpose, scope, and definitions.
Sec. 552. Preliminary report on purpose and utility of registration
system under Military Selective Service Act.
Sec. 553. National Commission on Military, National, and Public Service.
Sec. 554. Commission hearings and meetings.
Sec. 555. Principles and procedure for Commission recommendations.
Sec. 556. Executive Director and staff.
Sec. 557. Termination of Commission.

Subtitle G--Member Education, Training, Resilience, and Transition

Sec. 561. Modification of program to assist members of the Armed Forces
in obtaining professional credentials.
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other
substance abuse counseling as part of required preseparation
counseling.
Sec. 563. Inclusion of information in Transition Assistance Program
regarding effect of receipt of both veteran disability
compensation and voluntary separation pay.
Sec. 564. Training under Transition Assistance Program on career and
employment opportunities associated with transportation
security cards.
Sec. 565. Extension of suicide prevention and resilience program.
Sec. 566. Congressional notification in advance of appointments to
service academies.
Sec. 567. Report and guidance on Job Training, Employment Skills
Training, Apprenticeships, and Internships and SkillBridge
initiatives for members of the Armed Forces who are being
separated.
Sec. 568. Military-to-mariner transition.

Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters

Sec. 571. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 572. One-year extension of authorities relating to the transition
and support of military dependent students to local
educational agencies.
Sec. 573. Annual notice to members of the Armed Forces regarding child
custody protections guaranteed by the Servicemembers Civil
Relief Act.
Sec. 574. Requirement for annual Family Advocacy Program report
regarding child abuse and domestic violence.
Sec. 575. Reporting on allegations of child abuse in military families
and homes.
Sec. 576. Repeal of Advisory Council on Dependents' Education.
Sec. 577. Support for programs providing camp experience for children of
military families.
Sec. 578. Comptroller General of the United States assessment and report
on Exceptional Family Member Programs.
Sec. 579. Impact aid amendments.

Subtitle I--Decorations and Awards

Sec. 581. Posthumous advancement of Colonel George E. ``Bud'' Day,
United States Air Force, on the retired list.
Sec. 582. Authorization for award of medals for acts of valor during
certain contingency operations.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose
and James C. McCloughan for acts of valor during the Vietnam
War.
Sec. 584. Authorization for award of Distinguished-Service Cross to
First Lieutenant Melvin M. Spruiell for acts of valor during
World War II.
Sec. 585. Authorization for award of the Distinguished Service Cross to
Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of
valor during World War II.
Sec. 586. Review regarding award of Medal of Honor to certain Asian
American and Native American Pacific Islander war veterans.

Subtitle J--Miscellaneous Reports and Other Matters

Sec. 591. Repeal of requirement for a chaplain at the United States Air
Force Academy appointed by the President.
Sec. 592. Extension of limitation on reduction in number of military and
civilian personnel assigned to duty with service review
agencies.
Sec. 593. Annual reports on progress of the Army and the Marine Corps in
integrating women into military occupational specialities and
units recently opened to women.
Sec. 594. Report on feasability of electronic tracking of operational
active-duty service performed by members of the Ready Reserve
of the Armed Forces.
Sec. 595. Report on discharge by warrant officers of pilot and other
flight officer positions in the Navy, Marine Corps, and Air
Force currently discharged by commissioned officers.
Sec. 596. Body mass index test.
Sec. 597. Report on career progression tracks of the Armed Forces for
women in combat arms units.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2017 increase in military basic pay.
Sec. 602. Publication by Department of Defense of actual rates of basic
pay payable to members of the Armed Forces by pay grade for
annual or other pay periods.
Sec. 603. Extension of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 604. Reports on a new single-salary pay system for members of the
Armed Forces.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Aviation incentive pay and bonus matters.
Sec. 617. Conforming amendment to consolidation of special pay,
incentive pay, and bonus authorities.
Sec. 618. Technical amendments relating to 2008 consolidation of certain
special pay authorities.

Subtitle C--Travel and Transportation Allowances

Sec. 621. Maximum reimbursement amount for travel expenses of members of
the Reserves attending inactive duty training outside of
normal commuting distances.

Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits

Part I--Amendments in Connection With Retired Pay Reform

Sec. 631. Election period for members in the service academies and
inactive Reserves to participate in the modernized retirement
system.
Sec. 632. Effect of separation of members from the uniformed services on
participation in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have
completed 8 to 12 years of service.
Sec. 634. Combat-related special compensation coordinating amendment.

Part II--Other Matters

Sec. 641. Use of member's current pay grade and years of service and
retired pay cost-of-living adjustments, rather than final
retirement pay grade and years of service, in a division of
property involving disposable retired pay.
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of
reserve component members who die in the line of duty during
inactive-duty training.
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from
combat-related special compensation when retired pay not
sufficient.
Sec. 644. Extension of allowance covering monthly premium for
Servicemembers' Group Life Insurance while in certain overseas
areas to cover members in any combat zone or overseas direct
support area.
Sec. 645. Authority for payment of pay and allowances and retired and
retainer pay pursuant to power of attorney.
Sec. 646. Extension of authority to pay special survivor indemnity
allowance under the Survivor Benefit Plan.
Sec. 647. Repeal of obsolete authority for combat-related injury
rehabilitation pay.
Sec. 648. Independent assessment of the Survivor Benefit Plan.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations

Sec. 661. Protection and enhancement of access to and savings at
commissaries and exchanges.
Sec. 662. Acceptance of Military Star Card at commissaries.

Subtitle F--Other Matters

Sec. 671. Recovery of amounts owed to the United States by members of
the uniformed services.
Sec. 672. Modification of flat rate per diem requirement for personnel
on long-term temporary duty assignments.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Reform of TRICARE and Military Health System

Sec. 701. TRICARE Select and other TRICARE reform.
Sec. 702. Reform of administration of the Defense Health Agency and
military medical treatment facilities.
Sec. 703. Military medical treatment facilities.
Sec. 704. Access to urgent and primary care under TRICARE program.
Sec. 705. Value-based purchasing and acquisition of managed care support
contracts for TRICARE program.
Sec. 706. Establishment of high performance military-civilian integrated
health delivery systems.
Sec. 707. Joint Trauma System.
Sec. 708. Joint Trauma Education and Training Directorate.
Sec. 709. Standardized system for scheduling medical appointments at
military treatment facilities.

Subtitle B--Other Health Care Benefits

Sec. 711. Extended TRICARE program coverage for certain members of the
National Guard and dependents during certain disaster response
duty.
Sec. 712. Continuity of health care coverage for Reserve Components.
Sec. 713. Provision of hearing aids to dependents of retired members.
Sec. 714. Coverage of medically necessary food and vitamins for certain
conditions under the TRICARE program.
Sec. 715. Eligibility of certain beneficiaries under the TRICARE program
for participation in the Federal Employees Dental and Vision
Insurance Program.
Sec. 716. Applied behavior analysis.
Sec. 717. Evaluation and treatment of veterans and civilians at military
treatment facilities.
Sec. 718. Enhancement of use of telehealth services in military health
system.
Sec. 719. Authorization of reimbursement by Department of Defense to
entities carrying out State vaccination programs for costs of
vaccines provided to covered beneficiaries.

Subtitle C--Health Care Administration

Sec. 721. Authority to convert military medical and dental positions to
civilian medical and dental positions.
Sec. 722. Prospective payment of funds necessary to provide medical care
for the Coast Guard.
Sec. 723. Reduction of administrative requirements relating to automatic
renewal of enrollments in TRICARE Prime.
Sec. 724. Modification of authority of Uniformed Services University of
the Health Sciences to include undergraduate and other medical
education and training programs.
Sec. 725. Adjustment of medical services, personnel authorized
strengths, and infrastructure in military health system to
maintain readiness and core competencies of health care
providers.
Sec. 726. Program to eliminate variability in health outcomes and
improve quality of health care services delivered in military
medical treatment facilities.
Sec. 727. Acquisition strategy for health care professional staffing
services.
Sec. 728. Adoption of core quality performance metrics.
Sec. 729. Improvement of health outcomes and control of costs of health
care under TRICARE program through programs to involve covered
beneficiaries.
Sec. 730. Accountability for the performance of the military health
system of certain leaders within the system.
Sec. 731. Establishment of advisory committees for military treatment
facilities.

Subtitle D--Reports and Other Matters

Sec. 741. Extension of authority for joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration
Fund and report on implementation of information technology
capabilities.
Sec. 742. Pilot program on expansion of use of physician assistants to
provide mental health care to members of the Armed Forces.
Sec. 743. Pilot program for prescription drug acquisition cost parity in
the TRICARE pharmacy benefits program.
Sec. 744. Pilot program on display of wait times at urgent care clinics
and pharmacies of military medical treatment facilities.
Sec. 745. Requirement to review and monitor prescribing practices at
military treatment facilities of pharmaceutical agents for
treatment of post-traumatic stress.
Sec. 746. Department of Defense study on preventing the diversion of
opioid medications.
Sec. 747. Incorporation into survey by Department of Defense of
questions on experiences of members of the Armed Forces with
family planning services and counseling.
Sec. 748. Assessment of transition to TRICARE program by families of
members of reserve components called to active duty and
elimination of certain charges for such families.
Sec. 749. Oversight of graduate medical education programs of military
departments.
Sec. 750. Study on health of helicopter and tiltrotor pilots.
Sec. 751. Comptroller General reports on health care delivery and waste
in military health system.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Sec. 801. Rapid acquisition authority amendments.
Sec. 802. Authority for temporary service of Principal Military Deputies
to the Assistant Secretaries of the military departments for
acquisition as Acting Assistant Secretaries.
Sec. 803. Modernization of services acquisition.
Sec. 804. Defense Modernization Account amendments.

Subtitle B--Department of Defense Acquisition Agility

Sec. 805. Modular open system approach in development of major weapon
systems.
Sec. 806. Development, prototyping, and deployment of weapon system
components or technology.
Sec. 807. Cost, schedule, and performance of major defense acquisition
programs.
Sec. 808. Transparency in major defense acquisition programs.
Sec. 809. Amendments relating to technical data rights.

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

Sec. 811. Modified restrictions on undefinitized contractual actions.
Sec. 812. Amendments relating to inventory and tracking of purchases of
services.
Sec. 813. Use of lowest price technically acceptable source selection
process.
Sec. 814. Procurement of personal protective equipment.
Sec. 815. Amendments related to detection and avoidance of counterfeit
electronic parts.
Sec. 816. Amendments to special emergency procurement authority.
Sec. 817. Compliance with domestic source requirements for footwear
furnished to enlisted members of the Armed Forces upon their
initial entry into the Armed Forces.
Sec. 818. Extension of authority for enhanced transfer of technology
developed at Department of Defense laboratories.
Sec. 819. Modified notification requirement for exercise of waiver
authority to acquire vital national security capabilities.
Sec. 820. Defense cost accounting standards.
Sec. 821. Increased micro-purchase threshold applicable to Department of
Defense procurements.
Sec. 822. Enhanced competition requirements.
Sec. 823. Revision to effective date of senior executive benchmark
compensation for allowable cost limitations.
Sec. 824. Treatment of independent research and development costs on
certain contracts.
Sec. 825. Exception to requirement to include cost or price to the
Government as a factor in the evaluation of proposals for
certain multiple-award task or delivery order contracts.
Sec. 826. Extension of program for comprehensive small business
contracting plans.
Sec. 827. Treatment of side-by-side testing of certain equipment,
munitions, and technologies manufactured and developed under
cooperative research and development agreements as use of
competitive procedures.
Sec. 828. Defense Acquisition Challenge Program amendments.
Sec. 829. Preference for fixed-price contracts.
Sec. 830. Requirement to use firm fixed-price contracts for foreign
military sales.
Sec. 831. Preference for performance-based contract payments.
Sec. 832. Contractor incentives to achieve savings and improve mission
performance.
Sec. 833. Sunset and repeal of certain contracting provisions.
Sec. 834. Flexibility in contracting award program.
Sec. 835. Protection of task order competition.
Sec. 836. Contract closeout authority.
Sec. 837. Closeout of old Department of the Navy contracts.

Subtitle D--Provisions Relating to Major Defense Acquisition Programs

Sec. 841. Change in date of submission to Congress of Selected
Acquisition Reports.
Sec. 842. Amendments relating to independent cost estimation and cost
analysis.
Sec. 843. Revisions to Milestone B determinations.
Sec. 844. Review and report on sustainment planning in the acquisition
process.
Sec. 845. Revision to distribution of annual report on operational test
and evaluation.
Sec. 846. Repeal of major automated information systems provisions.
Sec. 847. Revisions to definition of major defense acquisition program.
Sec. 848. Acquisition strategy.
Sec. 849. Improved life-cycle cost control.
Sec. 850. Authority to designate increments or blocks of items delivered
under major defense acquisition programs as major subprograms
for purposes of acquisition reporting.
Sec. 851. Reporting of small business participation on Department of
Defense programs.
Sec. 852. Waiver of congressional notification for acquisition of
tactical missiles and munitions greater than quantity
specified in law.
Sec. 853. Multiple program multiyear contract pilot demonstration
program.
Sec. 854. Key performance parameter reduction pilot program.
Sec. 855. Mission integration management.

Subtitle E--Provisions Relating to Acquisition Workforce

Sec. 861. Project management.
Sec. 862. Authority to waive tenure requirement for program managers for
program definition and program execution periods.
Sec. 863. Purposes for which the Department of Defense Acquisition
Workforce Development Fund may be used; advisory panel
amendments.
Sec. 864. Department of Defense Acquisition Workforce Development Fund
determination adjustment.
Sec. 865. Limitations on funds used for staff augmentation contracts at
management headquarters of the Department of Defense and the
military departments.
Sec. 866. Senior Military Acquisition Advisors in the Defense
Acquisition Corps.
Sec. 867. Authority of the Secretary of Defense under the acquisition
demonstration project.

Subtitle F--Provisions Relating to Commercial Items

Sec. 871. Market research for determination of price reasonableness in
acquisition of commercial items.
Sec. 872. Value analysis for the determination of price reasonableness.
Sec. 873. Clarification of requirements relating to commercial item
determinations.
Sec. 874. Inapplicability of certain laws and regulations to the
acquisition of commercial items and commercially available
off-the-shelf items.
Sec. 875. Use of commercial or non-Government standards in lieu of
military specifications and standards.
Sec. 876. Preference for commercial services.
Sec. 877. Treatment of commingled items purchased by contractors as
commercial items.
Sec. 878. Treatment of services provided by nontraditional contractors
as commercial items.
Sec. 879. Defense pilot program for authority to acquire innovative
commercial items, technologies, and services using general
solicitation competitive procedures.
Sec. 880. Pilot programs for authority to acquire innovative commercial
items using general solicitation competitive procedures.

Subtitle G--Industrial Base Matters

Sec. 881. Greater integration of the national technology and industrial
base.
Sec. 882. Integration of civil and military roles in attaining national
technology and industrial base objectives.
Sec. 883. Pilot program for distribution support and services for weapon
systems contractors.
Sec. 884. Nontraditional and small contractor innovation prototyping
program.

Subtitle H--Other Matters

Sec. 885. Report on bid protests.
Sec. 886. Review and report on indefinite delivery contracts.
Sec. 887. Review and report on contractual flow-down provisions.
Sec. 888. Requirement and review relating to use of brand names or
brand-name or equivalent descriptions in solicitations.
Sec. 889. Inclusion of information on common grounds for sustaining bid
protests in annual Government Accountability Office reports to
Congress.
Sec. 890. Study and report on contracts awarded to minority-owned and
women-owned businesses.
Sec. 891. Authority to provide reimbursable auditing services to certain
non-Defense Agencies.
Sec. 892. Selection of service providers for auditing services and audit
readiness services.
Sec. 893. Amendments to contractor business system requirements.
Sec. 894. Improved management practices to reduce cost and improve
performance of certain Department of Defense organizations.
Sec. 895. Exemption from requirement for capital planning and investment
control for information technology equipment included as
integral part of a weapon or weapon system.
Sec. 896. Modifications to pilot program for streamlining awards for
innovative technology projects.
Sec. 897. Rapid prototyping funds for the military departments.
Sec. 898. Establishment of Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability, and Integrity; Defense
Acquisition University training.
Sec. 899. Coast Guard major acquisition programs.
Sec. 899A. Enhanced authority to acquire products and services produced
in Africa in support of certain activities.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Office of the Secretary of Defense and Related Matters

Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Responsibilities and reporting of the Chief Information
Officer of the Department of Defense.
Sec. 903. Maximum number of personnel in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 904. Repeal of Financial Management Modernization Executive
Committee.

Subtitle B--Organization and Management of the Department of Defense
Generally

Sec. 911. Organizational strategy for the Department of Defense.
Sec. 912. Policy, organization, and management goals and priorities of
the Secretary of Defense for the Department of Defense.
Sec. 913. Secretary of Defense delivery unit.
Sec. 914. Performance of civilian functions by military personnel.
Sec. 915. Repeal of requirements relating to efficiencies plan for the
civilian personnel workforce and service contractor workforce
of the Department of Defense.

Subtitle C--Joint Chiefs of Staff and Combatant Command Matters

Sec. 921. Joint Chiefs of Staff and related combatant command matters.
Sec. 922. Organization of the Department of Defense for management of
special operations forces and special operations.
Sec. 923. Establishment of unified combatant command for cyber
operations.
Sec. 924. Assigned forces of the combatant commands.
Sec. 925. Modifications to the requirements process.
Sec. 926. Review of combatant command organization.

Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements

Sec. 931. Qualifications for appointment of the Secretaries of the
military departments.
Sec. 932. Enhanced personnel management authorities for the Chief of the
National Guard Bureau.
Sec. 933. Reorganization and redesignation of Office of Family Policy
and Office of Community Support for Military Families with
Special Needs.
Sec. 934. Redesignation of Assistant Secretary of the Air Force for
Acquisition as Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics.

Subtitle E--Strategies, Reports, and Related Matters

Sec. 941. National defense strategy.
Sec. 942. Commission on the National Defense Strategy for the United
States.
Sec. 943. Reform of the national military strategy.
Sec. 944. Form of annual national security strategy report.
Sec. 945. Modification to independent study of national security
strategy formulation process.

Subtitle F--Other Matters

Sec. 951. Enhanced security programs for Department of Defense personnel
and innovation initiatives.
Sec. 952. Modification of authority of the Secretary of Defense relating
to protection of the Pentagon Reservation and other Department
of Defense facilities in the National Capital Region.
Sec. 953. Modifications to requirements for accounting for members of
the Armed Forces and Department of Defense civilian employees
listed as missing.
Sec. 954. Modifications to corrosion report.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Report on auditable financial statements.
Sec. 1003. Increased use of commercial data integration and analysis
products for the purpose of preparing financial statement
audits.
Sec. 1004. Sense of Congress on sequestration.
Sec. 1005. Requirement to transfer funds from Department of Defense
Acquisition Workforce Development Fund to the Treasury.

Subtitle B--Counterdrug Activities

Sec. 1011. Codification and modification of authority to provide support
for counterdrug activities and activities to counter
transnational organized crime of civilian law enforcement
agencies.
Sec. 1012. Secretary of Defense review of curricula and program
structures of National Guard counterdrug schools.
Sec. 1013. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1014. Enhancement of information sharing and coordination of
military training between Department of Homeland Security and
Department of Defense.

Subtitle C--Naval Vessels and Shipyards

Sec. 1021. Definition of short-term work with respect to overhaul,
repair, or maintenance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of
Ticonderoga-class cruisers or dock landing ships.

Subtitle D--Counterterrorism

Sec. 1031. Frequency of counterterrorism operations briefings.
Sec. 1032. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cub, to the United States.
Sec. 1033. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Prohibition on use of funds for transfer or release to
certain countries of individuals detained at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for realignment of forces at or
closure of United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1036. Congressional notification requirements for sensitive
military operations.

Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1041. Expanded authority for transportation by the Department of
Defense of non-Department of Defense personnel and cargo.
Sec. 1042. Reduction in minimum number of Navy carrier air wings and
carrier air wing headquarters required to be maintained.
Sec. 1043. Modification to support for non-Federal development and
testing of material for chemical agent defense.
Sec. 1044. Protection of certain Federal spectrum operations.
Sec. 1045. Prohibition on use of funds for retirement of legacy maritime
mine countermeasures platforms.
Sec. 1046. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 1047. Evaluation of Navy alternate combination cover and unisex
combination cover.
Sec. 1048. Independent evaluation of Department of Defense excess
property program.
Sec. 1049. Waiver of certain polygraph examination requirements.
Sec. 1050. Use of Transportation Worker Identification Credential to
gain access at Department of Defense installations.
Sec. 1051. Limitation on availability of funds for destruction of
certain landmines and briefing on development of replacement
anti-personnel landmine munitions.
Sec. 1052. Transition of Air Force to operation of remotely piloted
aircraft by enlisted personnel.
Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue
Units.
Sec. 1054. Support for the Associate Director of the Central
Intelligence Agency for Military Affairs.
Sec. 1055. Notification on the provision of defense sensitive support.
Sec. 1056. Prohibition on enforcement of military commission rulings
preventing members of the Armed Forces from carrying out
otherwise lawful duties based on member sex.

Subtitle F--Studies and Reports

Sec. 1061. Temporary continuation of certain Department of Defense
reporting requirements.
Sec. 1062. Reports on programs managed under alternative compensatory
control measures in the Department of Defense.
Sec. 1063. Matters for inclusion in report on designation of countries
for which rewards may be paid under Department of Defense
rewards program.
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and
the combatant commands and annual report on combatant command
requirements.
Sec. 1065. Management and reviews of electromagnetic spectrum.
Sec. 1066. Requirement for notice and reporting to Committees on Armed
Services on certain expenditures of funds by Defense
Intelligence Agency.
Sec. 1067. Congressional notification of biological select agent and
toxin theft, loss, or release involving the Department of
Defense.
Sec. 1068. Report on service-provided support and enabling capabilities
to United States special operations forces.
Sec. 1069. Report on citizen security responsibilities in the Northern
Triangle of Central America.
Sec. 1070. Report on counterproliferation activities and programs.
Sec. 1071. Report on testing and integration of minehunting sonar
systems to improve Littoral Combat Ship minehunting
capabilities.
Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg
and Pope Army Airfield and Air Force support for such jumps.
Sec. 1073. Study on military helicopter noise.
Sec. 1074. Independent review of United States military strategy and
force posture in the United States Pacific Command area of
responsibility.
Sec. 1075. Assessment of the joint ground forces of the Armed Forces.

Subtitle G--Other Matters

Sec. 1081. Technical and clerical amendments.
Sec. 1082. Increase in maximum amount available for equipment, services,
and supplies provided for humanitarian demining assistance.
Sec. 1083. Liquidation of unpaid credits accrued as a result of
transactions under a cross-servicing agreement.
Sec. 1084. Modification of requirements relating to management of
military technicians.
Sec. 1085. Streamlining of the National Security Council.
Sec. 1086. National biodefense strategy.
Sec. 1087. Global Cultural Knowledge Network.
Sec. 1088. Sense of Congress regarding Connecticut's Submarine Century.
Sec. 1089. Sense of Congress regarding the reporting of the MV-22 mishap
in Marana, Arizona, on April 8, 2000.
Sec. 1090. Cost of Wars.
Sec. 1091. Reconnaissance Strike Group matters.
Sec. 1092. Border security metrics.
Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of
the Unknown Soldier.
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC-46A
aircraft.
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to
foreign countries and transfer to certain persons.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--Department of Defense Matters Generally

Sec. 1101. Civilian personnel management.
Sec. 1102. Repeal of requirement for annual strategic workforce plan for
the Department of Defense.
Sec. 1103. Training for employment personnel of Department of Defense on
matters relating to authorities for recruitment and retention
at United States Cyber Command.
Sec. 1104. Public-private talent exchange.
Sec. 1105. Temporary and term appointments in the competitive service in
the Department of Defense.
Sec. 1106. Direct-hire authority for the Department of Defense for post-
secondary students and recent graduates.
Sec. 1107. Temporary increase in maximum amount of voluntary separation
incentive pay authorized for civilian employees of the
Department of Defense.
Sec. 1108. Extension of rate of overtime pay for Department of the Navy
employees performing work aboard or dockside in support of the
nuclear-powered aircraft carrier forward deployed in Japan.
Sec. 1109. Limitation on number of DOD SES positions.
Sec. 1110. Direct hire authority for financial management experts in the
Department of Defense workforce.
Sec. 1111. Repeal of certain basis for appointment of a retired member
of the Armed Forces to Department of Defense position within
180 days of retirement.

Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters

Sec. 1121. Permanent personnel management authority for the Department
of Defense for experts in science and engineering.
Sec. 1122. Codification and modification of certain authorities for
certain positions at Department of Defense research and
engineering laboratories.
Sec. 1123. Modification to information technology personnel exchange
program.
Sec. 1124. Pilot program on enhanced pay authority for certain research
and technology positions in the science and technology
reinvention laboratories of the Department of Defense.
Sec. 1125. Temporary direct hire authority for domestic defense
industrial base facilities, the Major Range and Test
Facilities Base, and the Office of the Director of Operational
Test and Evaluation.

Subtitle C--Governmentwide Matters

Sec. 1131. Elimination of two-year eligibility limitation for
noncompetitive appointment of spouses of members of the Armed
Forces.
Sec. 1132. Temporary personnel flexibilities for domestic defense
industrial base facilities and Major Range and Test Facilities
Base civilian personnel.
Sec. 1133. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1134. Advance payments for employees relocating within the United
States and its territories.
Sec. 1135. Eligibility of employees in a time-limited appointment to
compete for a permanent appointment at any Federal agency.
Sec. 1136. Review of official personnel file of former Federal
employees before rehiring.
Sec. 1137. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1138. Administrative leave.
Sec. 1139. Direct hiring for Federal wage schedule employees.
Sec. 1140. Record of investigation of personnel action in separated
employee's official personnel file.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Sec. 1201. One-year extension of logistical support for coalition forces
supporting certain United States military operations.
Sec. 1202. Special Defense Acquisition Fund matters.
Sec. 1203. Codification of authority for support of special operations
to combat terrorism.
Sec. 1204. Independent evaluation of strategic framework for Department
of Defense security cooperation.
Sec. 1205. Sense of Congress regarding an assessment, monitoring, and
evaluation framework for security cooperation.

Subtitle B--Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of Commanders' Emergency Response
Program.
Sec. 1212. Extension of authority to acquire products and services
produced in countries along a major route of supply to
Afghanistan.
Sec. 1213. Extension and modification of authority to transfer defense
articles and provide defense services to the military and
security forces of Afghanistan.
Sec. 1214. Special immigrant status for certain Afghans.
Sec. 1215. Modification to semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1216. Prohibition on use of funds for certain programs and projects
of the Department of Defense in Afghanistan that cannot be
safely accessed by United States Government personnel.
Sec. 1217. Improvement of oversight of United States Government efforts
in Afghanistan.
Sec. 1218. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.

Subtitle C--Matters Relating to Syria, Iraq, and Iran

Sec. 1221. Modification and extension of authority to provide assistance
to the vetted Syrian opposition.
Sec. 1222. Modification and extension of authority to provide assistance
to counter the Islamic State of Iraq and the Levant.
Sec. 1223. Extension and modification of authority to support operations
and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Limitation on provision of man-portable air defense systems
to the vetted Syrian opposition during fiscal year 2017.
Sec. 1225. Modification of annual report on military power of Iran.
Sec. 1226. Quarterly report on confirmed ballistic missile launches from
Iran.

Subtitle D--Matters Relating to the Russian Federation

Sec. 1231. Military response options to Russian Federation violation of
INF Treaty.
Sec. 1232. Limitation on military cooperation between the United States
and the Russian Federation.
Sec. 1233. Extension and modification of authority on training for
Eastern European national military forces in the course of
multilateral exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty
of the Russian Federation over Crimea.
Sec. 1235. Annual report on military and security developments involving
the Russian Federation.
Sec. 1236. Limitation on use of funds to vote to approve or otherwise
adopt any implementing decision of the Open Skies Consultative
Commission and related requirements.
Sec. 1237. Extension and enhancement of Ukraine Security Assistance
Initiative.
Sec. 1238. Reports on INF Treaty and Open Skies Treaty.

Subtitle E--Reform of Department of Defense Security Cooperation

Sec. 1241. Enactment of new chapter for defense security cooperation.
Sec. 1242. Military-to-military exchanges.
Sec. 1243. Consolidation and revision of authorities for payment of
personnel expenses necessary for theater security cooperation.
Sec. 1244. Transfer and revision of certain authorities on payment of
expenses of training and exercises with friendly foreign
forces.
Sec. 1245. Transfer and revision of authority to provide operational
support to forces of friendly foreign countries.
Sec. 1246. Department of Defense State Partnership Program.
Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism
Fellowship Program.
Sec. 1248. Consolidation of authorities for service academy
international engagement.
Sec. 1249. Consolidated annual budget for security cooperation programs
and activities of the Department of Defense.
Sec. 1250. Department of Defense security cooperation workforce
development.
Sec. 1251. Reporting requirements.
Sec. 1252. Quadrennial review of security sector assistance programs and
authorities of the United States Government.
Sec. 1253. Other conforming amendments and authority for administration.

Subtitle F--Human Rights Sanctions

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Authorization of imposition of sanctions.
Sec. 1264. Reports to Congress.
Sec. 1265. Sunset.

Subtitle G--Miscellaneous Reports

Sec. 1271. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster,
and civic aid programs of the Department of Defense.
Sec. 1273. Strategy for United States defense interests in Africa.
Sec. 1274. Report on the potential for cooperation between the United
States and Israel on directed energy capabilities.
Sec. 1275. Annual update of Department of Defense Freedom of Navigation
Report.
Sec. 1276. Assessment of proliferation of certain remotely piloted
aircraft systems.

Subtitle H--Other Matters

Sec. 1281. Enhancement of interagency support during contingency
operations and transition periods.
Sec. 1282. Two-year extension and modification of authorization of non-
conventional assisted recovery capabilities.
Sec. 1283. Authority to destroy certain specified World War II-era
United States-origin chemical munitions located on San Jose
Island, Republic of Panama.
Sec. 1284. Sense of Congress on military exchanges between the United
States and Taiwan.
Sec. 1285. Limitation on availability of funds to implement the Arms
Trade Treaty.
Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise
assure the participation of Cuba in certain joint or
multilateral exercises.
Sec. 1287. Global Engagement Center.
Sec. 1288. Modification of United States International Broadcasting Act
of 1994.
Sec. 1289. Redesignation of South China Sea Initiative.
Sec. 1290. Measures against persons involved in activities that violate
arms control treaties or agreements with the United States.
Sec. 1291. Agreements with foreign governments to develop land-based
water resources in support of and in preparation for
contingency operations.
Sec. 1292. Enhancing defense and security cooperation with India.
Sec. 1293. Coordination of efforts to develop free trade agreements with
sub-Saharan African countries.
Sec. 1294. Extension and expansion of authority to support border
security operations of certain foreign countries.
Sec. 1295. Modification and clarification of United States-Israel anti-
tunnel cooperation authority.
Sec. 1296. Maintenance of prohibition on procurement by Department of
Defense of People's Republic of China-origin items that meet
the definition of goods and services controlled as munitions
items when moved to the ``600 series'' of the Commerce Control
List.
Sec. 1297. International sales process improvements.
Sec. 1298. Efforts to end modern slavery.

TITLE XIII--COOPERATIVE THREAT REDUCTION

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.

Subtitle B--National Defense Stockpile

Sec. 1411. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1412. National Defense Stockpile matters.

Subtitle C--Chemical Demilitarization Matters

Sec. 1421. National Academies of Sciences study on conventional
munitions demilitarization alternative technologies.

Subtitle D--Other Matters

Sec. 1431. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1432. Authorization of appropriations for Armed Forces Retirement
Home.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS

Subtitle A--Authorization of Appropriations

Sec. 1501. Purpose and treatment of certain authorizations of
appropriations.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health program.

Subtitle B--Financial Matters

Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.

Subtitle C--Limitations, Reports, and Other Matters

Sec. 1521. Afghanistan Security Forces Fund.
Sec. 1522. Joint Improvised Explosive Device Defeat Fund.
Sec. 1523. Extension of authority to use Joint Improvised Explosive
Device Defeat Fund for training of foreign security forces to
defeat improvised explosive devices.
Sec. 1524. Overseas contingency operations.
Sec. 1525. Extension and modification of authorities on Counterterrorism
Partnerships Fund.

TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A--Space Activities

Sec. 1601. Repeal of provision permitting the use of rocket engines from
the Russian Federation for the evolved expendable launch
vehicle program.
Sec. 1602. Exception to the prohibition on contracting with Russian
suppliers of rocket engines for the evolved expendable launch
vehicle program.
Sec. 1603. Rocket propulsion system to replace RD-180.
Sec. 1604. Plan for use of allied launch vehicles.
Sec. 1605. Analysis of alternatives for wide-band communications.
Sec. 1606. Modification of pilot program for acquisition of commercial
satellite communication services.
Sec. 1607. Space-based environmental monitoring.
Sec. 1608. Prohibition on use of certain non-allied positioning,
navigation, and timing systems.
Sec. 1609. Limitation of availability of funds for the Joint Space
Operations Center Mission System.
Sec. 1610. Limitations on availability of funds for the Global
Positioning System Next Generation Operational Control System.
Sec. 1611. Availability of funds for certain secure voice conferencing
capabilities.
Sec. 1612. Space-based infrared system and advanced extremely high
frequency program.
Sec. 1613. Pilot program on commercial weather data.
Sec. 1614. Plans on transfer of acquisition and funding authority of
certain weather missions to National Reconnaissance Office.
Sec. 1615. Five-year plan for Joint Interagency Combined Space
Operations Center.
Sec. 1616. Organization and management of national security space
activities of the Department of Defense.
Sec. 1617. Review of charter of Operationally Responsive Space Program
Office.
Sec. 1618. Backup and complementary positioning, navigation, and timing
capabilities of Global Positioning System.
Sec. 1619. Report on use of spacecraft assets of the space-based
infrared system wide-field-of-view program.
Sec. 1620. Provision of certain information to Government Accountability
Office by National Reconnaissance Office.
Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic
missile solid rocket motors.
Sec. 1622. Independent assessment of Global Positioning System Next
Generation Operational Control System.

Subtitle B--Defense Intelligence and Intelligence-Related Activities

Sec. 1631. Report on United States Central Command Intelligence Fusion
Center.
Sec. 1632. Prohibition on availability of funds for certain relocation
activities for NATO Intelligence Fusion Cell.
Sec. 1633. Survey and review of Defense Intelligence Enterprise.

Subtitle C--Cyberspace-Related Matters

Sec. 1641. Special emergency procurement authority to facilitate the
defense against or recovery from a cyber attack.
Sec. 1642. Limitation on termination of dual-hat arrangement for
Commander of the United States Cyber Command.
Sec. 1643. Cyber mission forces matters.
Sec. 1644. Requirement to enter into agreements relating to use of cyber
opposition forces.
Sec. 1645. Cyber protection support for Department of Defense personnel
in positions highly vulnerable to cyber attack.
Sec. 1646. Limitation on full deployment of joint regional security
stacks.
Sec. 1647. Advisory committee on industrial security and industrial base
policy.
Sec. 1648. Change in name of National Defense University's Information
Resources Management College to College of Information and
Cyberspace.
Sec. 1649. Evaluation of cyber vulnerabilities of F-35 aircraft and
support systems.
Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense
critical infrastructure.
Sec. 1651. Strategy to incorporate Army reserve component cyber
protection teams into Department of Defense cyber mission
force.
Sec. 1652. Strategic Plan for the Defense Information Systems Agency.
Sec. 1653. Plan for information security continuous monitoring
capability and comply-to-connect policy; limitation on
software licensing.
Sec. 1654. Reports on deterrence of adversaries in cyberspace.
Sec. 1655. Sense of Congress on cyber resiliency of the networks and
communications systems of the National Guard.

Subtitle D--Nuclear Forces

Sec. 1661. Improvements to Council on Oversight of National Leadership
Command, Control, and Communications System.
Sec. 1662. Treatment of certain sensitive information by State and local
governments.
Sec. 1663. Procurement authority for certain parts of intercontinental
ballistic missile fuzes.
Sec. 1664. Prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1665. Limitation on availability of funds for extension of New
START Treaty.
Sec. 1666. Certifications regarding integrated tactical warning and
attack assessment mission of the Air Force.
Sec. 1667. Matters relating to intercontinental ballistic missiles.
Sec. 1668. Requests for forces to meet security requirements for land-
based nuclear forces.
Sec. 1669. Report on Russian and Chinese political and military
leadership survivability, command and control, and continuity
of government programs and activities.
Sec. 1670. Review by Comptroller General of the United States of
recommendations relating to nuclear enterprise of Department
of Defense.
Sec. 1671. Sense of Congress on nuclear deterrence.
Sec. 1672. Sense of Congress on importance of independent nuclear
deterrent of United Kingdom.

Subtitle E--Missile Defense Programs

Sec. 1681. National missile defense policy.
Sec. 1682. Extensions of prohibitions relating to missile defense
information and systems.
Sec. 1683. Non-terrestrial missile defense intercept and defeat
capability for the ballistic missile defense system.
Sec. 1684. Review of the missile defeat policy and strategy of the
United States.
Sec. 1685. Maximizing Aegis Ashore capability and developing medium
range discrimination radar.
Sec. 1686. Technical authority for integrated air and missile defense
activities and programs.
Sec. 1687. Hypersonic defense capability development.
Sec. 1688. Conventional Prompt Global Strike weapons system.
Sec. 1689. Required testing by Missile Defense Agency of ground-based
midcourse defense element of ballistic missile defense system.
Sec. 1690. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program codevelopment and
coproduction.
Sec. 1691. Limitations on availability of funds for lower tier air and
missile defense capability of the Army.
Sec. 1692. Pilot program on loss of unclassified, controlled technical
information.
Sec. 1693. Plan for procurement of medium-range discrimination radar to
improve homeland missile defense.
Sec. 1694. Review of Missile Defense Agency budget submissions for
ground-based midcourse defense and evaluation of alternative
ground-based interceptor deployments.
Sec. 1695. Semiannual notifications on missile defense tests and costs.
Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency.

Subtitle F--Other Matters

Sec. 1697. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1698. Harmful interference to Department of Defense Global
Positioning System.

TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT

Subtitle A--Improving Transparency and Clarity for Small Businesses

Sec. 1801. Plain language rewrite of requirements for small business
procurements.
Sec. 1802. Transparency in small business goals.

Subtitle B--Clarifying the Roles of Small Business Advocates

Sec. 1811. Scope of review by procurement center representatives.
Sec. 1812. Duties of the Office of Small and Disadvantaged Business
Utilization.
Sec. 1813. Improving contractor compliance.
Sec. 1814. Improving education on small business regulations.

Subtitle C--Strengthening Opportunities for Competition in
Subcontracting

Sec. 1821. Good faith in subcontracting.
Sec. 1822. Pilot program to provide opportunities for qualified
subcontractors to obtain past performance ratings.
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of
Defense.

Subtitle D--Miscellaneous Provisions

Sec. 1831. Improvements to size standards for small agricultural
producers.
Sec. 1832. Uniformity in service-disabled veteran definitions.
Sec. 1833. Office of Hearings and Appeals.
Sec. 1834. Extension of SBIR and STTR programs.
Sec. 1835. Issuance of guidance on small business matters.

Subtitle E--Improving Cyber Preparedness for Small Businesses

Sec. 1841. Small Business Development Center Cyber Strategy and
outreach.
Sec. 1842. Role of small business development centers in cybersecurity
and preparedness.
Sec. 1843. Additional cybersecurity assistance for small business
development centers.
Sec. 1844. Prohibition on additional funds.

TITLE XIX--DEPARTMENT OF HOMELAND SECURITY COORDINATION

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

TITLE XXII--NAVY MILITARY CONSTRUCTION

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

TITLE XXV--INTERNATIONAL PROGRAMS

Subtitle A--North Atlantic Treaty Organization Security Investment
Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

Subtitle B--Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B--Other Matters

Sec. 2611. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2612. Modification of authority to carry out certain fiscal year
2015 project.
Sec. 2613. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2614. Extension of authorization of certain fiscal year 2013
project.
Sec. 2615. Extension of authorizations of certain fiscal year 2014
projects.

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2702. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing

Sec. 2801. Modification of criteria for treatment of laboratory
revitalization projects as minor military construction
projects.
Sec. 2802. Classification of facility conversion projects as repair
projects.
Sec. 2803. Limited authority for scope of work increase.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. Authority to expand energy conservation construction program
to include energy resiliency projects.
Sec. 2806. Additional entities eligible for participation in defense
laboratory modernization pilot program.
Sec. 2807. Extension of temporary authority for acceptance and use of
contributions for certain construction, maintenance, and
repair projects mutually beneficial to the Department of
Defense and Kuwait military forces.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Acceptance of military construction projects as payments in-
kind and in-kind contributions.
Sec. 2812. Allotment of space and provision of services to WIC offices
operating on military installations.
Sec. 2813. Sense of Congress regarding inclusion of stormwater systems
and components within the meaning of ``wastewater system''
under the Department of Defense authority for conveyance of
utility systems.
Sec. 2814. Assessment of public schools on Department of Defense
installations.
Sec. 2815. Prior certification required for use of Department of Defense
facilities by other Federal agencies for temporary housing
support.

Subtitle C--Land Conveyances

Sec. 2821. Land conveyance, High Frequency Active Auroral Research
Program facility and adjacent property, Gakona, Alaska.
Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena,
Alaska.
Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska.
Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot,
Arizona.
Sec. 2825. Exchange of property interests, San Diego Unified Port
District, California.
Sec. 2826. Release of property interests retained in connection with
land conveyance, Eglin Air Force Base, Florida.
Sec. 2827. Land exchange, Fort Hood, Texas.
Sec. 2828. Land Conveyance, P-36 Warehouse, Colbern United States Army
Reserve Center, Laredo, Texas.
Sec. 2829. Land conveyance, St. George National Guard Armory, St.
George, Utah.
Sec. 2829A. Land acquisitions, Arlington County, Virginia.
Sec. 2829B. Release of restrictions, Richland Innovation Center,
Richland, Washington.
Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal
National Wildlife Refuge.
Sec. 2829D. Closure of St. Marys Airport.
Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the
Secretary of the Army to the Secretary of Defense and
applicability of certain provisions of law relating to the
Pentagon Reservation.
Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the
original inhabitants.

Subtitle D--Military Memorials, Monuments, and Museums

Sec. 2831. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum.
Sec. 2832. Renaming site of the Dayton Aviation Heritage National
Historical Park, Ohio.
Sec. 2833. Women's military service memorials and museums.
Sec. 2834. Petersburg National Battlefield boundary modification.

Subtitle E--Designations and Other Matters

Sec. 2841. Designation of portion of Moffett Federal Airfield,
California, as Moffett Air National Guard Base.
Sec. 2842. Redesignation of Mike O'Callaghan Federal Medical Center.
Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer,
Arizona.
Sec. 2844. Limited exceptions to restriction on development of public
infrastructure in connection with realignment of Marine Corps
forces in Asia-Pacific region.
Sec. 2845. Duration of withdrawal and reservation of public land, Naval
Air Weapons Station China Lake, California.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.

TITLE XXX--UTAH TEST AND TRAINING RANGE AND RELATED MATTERS

Subtitle A--Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range

Sec. 3001. Definitions.
Sec. 3002. Memorandum of agreement.
Sec. 3003. Temporary closures.
Sec. 3004. Liability.
Sec. 3005. Community resource advisory group.
Sec. 3006. Savings clauses.

Subtitle B--Bureau of Land Management Land Exchange With State of Utah

Sec. 3011. Definitions.
Sec. 3012. Exchange of Federal land and non-Federal land.
Sec. 3013. Status and management of non-Federal land acquired by the
United States.
Sec. 3014. Hazardous substances.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Independent acquisition project reviews of capital assets
acquisition projects.
Sec. 3112. Protection of certain nuclear facilities and assets from
unmanned aircraft.
Sec. 3113. Common financial reporting system for the nuclear security
enterprise.
Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup
at Hanford Nuclear Reservation.
Sec. 3115. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3116. Disposition of weapons-usable plutonium.
Sec. 3117. Design basis threat.
Sec. 3118. Industry best practices in operations at National Nuclear
Security Administration facilities and sites.
Sec. 3119. Pilot program on unavailability for overhead costs of amounts
specified for laboratory-directed research and development.
Sec. 3120. Research and development of advanced naval nuclear fuel
system based on low-enriched uranium.
Sec. 3121. Increase in certain limitations applicable to funds for
conceptual and construction design of the Department of
Energy.
Sec. 3122. Prohibition on availability of funds for programs in Russian
Federation.
Sec. 3123. Limitation on availability of funds for Federal salaries and
expenses.
Sec. 3124. Limitation on availability of funds for defense environmental
cleanup program direction.
Sec. 3125. Limitation on availability of funds for acceleration of
nuclear weapons dismantlement.

Subtitle C--Plans and Reports

Sec. 3131. Independent assessment of technology development under
defense environmental cleanup program.
Sec. 3132. Updated plan for verification and monitoring of proliferation
of nuclear weapons and fissile material.
Sec. 3133. Report on the use of highly-enriched uranium for naval
reactors.
Sec. 3134. Analysis of approaches for supplemental treatment of low-
activity waste at Hanford Nuclear Reservation.
Sec. 3135. Clarification of annual report and certification on status of
security of atomic energy defense facilities.
Sec. 3136. Report on service support contracts and authority for
appointment of certain personnel.
Sec. 3137. Elimination of certain reporting requirements.
Sec. 3138. Report on United States nuclear deterrence.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV--MARITIME MATTERS

Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters

Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Authority to extend certain age restrictions relating to
vessels in the Maritime Security Fleet.
Sec. 3503. Corrections to provisions enacted by Coast Guard
Authorization Acts.
Sec. 3504. Status of National Defense Reserve Fleet vessels.
Sec. 3505. NDRF national security multi-mission vessel.
Sec. 3506. Superintendent of United States Merchant Marine Academy.
Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds.
Sec. 3508. Floating dry docks.
Sec. 3509. Transportation worker identification credentials for
individuals undergoing separation, discharge, or release from
the Armed Forces.
Sec. 3510. Actions to address sexual harassment and sexual assault at
the United States Merchant Marine Academy.
Sec. 3511. Sexual assault response coordinators and sexual assault
victim advocates.
Sec. 3512. Report from the Department of Transportation Inspector
General.
Sec. 3513. Sexual assault prevention and response working group.
Sec. 3514. Sea Year compliance.
Sec. 3515. State maritime academy physical standards and reporting.
Sec. 3516. Appointments.
Sec. 3517. Maritime workforce working group.
Sec. 3518. Maritime extreme weather task force.
Sec. 3519. Workforce plans and onboarding policies.
Sec. 3520. Drug and alcohol policy.
Sec. 3521. Vessel transfers.
Sec. 3522. Clarifying amendment; continuation boards.
Sec. 3523. Polar icebreaker recapitalization plan.
Sec. 3524. GAO report on icebreaking capability in United States.

Subtitle B--Pribilof Islands Transition Completion

Sec. 3531. Short title.
Sec. 3532. Conveyance of property.
Sec. 3533. Transfer, use, and disposal of tract 43.

Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration

Sec. 3541. Actions to address sexual harassment at National Oceanic and
Atmospheric Administration.
Sec. 3542. Actions to address sexual assault at National Oceanic and
Atmospheric Administration.
Sec. 3543. Rights of the victim of a sexual assault.
Sec. 3544. Change of station.
Sec. 3545. Applicability of policies to crews of vessels secured by
National Oceanic and Atmospheric Administration under
contract.
Sec. 3546. Annual report on sexual assaults in the National Oceanic and
Atmospheric Administration.
Sec. 3547. Sexual assault defined.

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for overseas contingency operations for base
requirements.

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for overseas
contingency operations for base requirements.

TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for overseas contingency operations
for base requirements.

TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.

TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for
base requirements.

TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations for
base requirements.

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM

Sec. 5001. Short title.

TITLE LI--GENERAL PROVISIONS

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

TITLE LVI--PRE-TRIAL PROCEDURE

TITLE LVII--TRIAL PROCEDURE

TITLE LVIII--SENTENCES

Sec. 5301. Sentencing.
Sec. 5302. Effective date of sentences.
Sec. 5303. Sentence of reduction in enlisted grade.

TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

TITLE LX--PUNITIVE ARTICLES

TITLE LXI--MISCELLANEOUS PROVISIONS

TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS

Sec. 5521. Military Justice Review Panel.
Sec. 5522. Annual reports.

TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES

Sec. 5541. Amendments to UCMJ subchapter tables of sections.
Sec. 5542. Effective dates.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B--Army Programs

Subtitle C--Navy Programs

Subtitle D--Air Force Programs

Subtitle E--Defense-wide, Joint, and Multiservice Matters

Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2017 program year, for the procurement of AH-64E Apache helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2017 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-60M
BLACK HAWK HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2017 program year, for the procurement of UH-60M and HH-60M Black Hawk
helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2017 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 113. DISTRIBUTED COMMON GROUND SYSTEM-ARMY INCREMENT 1.
(a) Training for Operators.--The Secretary of the Army shall take
such actions as may be necessary to improve and tailor training for
covered units in the versions of increment 1 that are in use on the
date of the enactment of this Act.
(b) Fielding of Capability.--
(1) In general.--The Secretary shall rapidly identify and field
a capability for fixed and deployable multi-source ground
processing systems for covered units.
(2) Commercially available capabilities.--In carrying out
paragraph (1), the Secretary shall procure commercially available
off-the-shelf technologies that--
(A) meet essential tactical requirements for processing,
analyzing, and displaying intelligence information;
(B) can integrate and communicate with covered units at the
tactical unit level and at higher unit levels;
(C) are substantially easier for personnel to use than the
Distributed Common Ground System-Army; and
(D) require less training than the Distributed Common
Ground System-Army.
(c) Limitation on the Award of Contract.--The Secretary may not
enter into a contract for the design, development, or procurement of
any data architecture, data integration, or ``cloud'' capability, or
any data analysis or data visualization and workflow capability
(including warfighting function tools relating to increment 1 of the
Distributed Common Ground System-Army) for covered units unless the
contract--
(1) is awarded not later than 180 days after the date of the
enactment of this Act;
(2) is awarded in accordance with applicable law and
regulations providing for the use of competitive procedures or
procedures applicable to the procurement of commercial items
including parts 12 and 15 of the Federal Acquisition Regulation;
(3) is a fixed-price contract; and
(4) provides that the technology to be procured under the
contract will--
(A) begin initial fielding rapidly after the contract
award;
(B) achieve initial operating capability not later than
nine months after the date on which the contract is awarded;
and
(C) achieve full operating capability not later than 18
months after the date on which the contract is awarded.
(d) Waiver.--
(1) In general.--The Secretary of Defense may waive the
limitation in subsection (c) if the Secretary submits to the
appropriate congressional committees a written statement declaring
that such limitation would adversely affect ongoing operational
activities.
(2) Nondelegation.--The Secretary of Defense may not delegate
the waiver authority under paragraph (1).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Covered units.--The term ``covered units'' means military
units that use increment 1 of the Distributed Common Ground System-
Army, including tactical units and operators at the division,
brigade, and battalion levels, and tactical units below the
battalion level.
SEC. 114. ASSESSMENT OF CERTAIN CAPABILITIES OF THE DEPARTMENT OF
THE ARMY.
(a) Assessment.--The Secretary of Defense, in consultation with the
Secretary of the Army and the Chief of Staff of the Army, shall conduct
an assessment of the following capabilities with respect to the
Department of the Army:
(1) The capacity of AH-64 Apache-equipped attack reconnaissance
battalions to meet future needs.
(2) Air defense artillery capacity and responsiveness,
including--
(A) the capacity of short-range air defense artillery to
address existing and emerging threats, including threats posed
by unmanned aerial systems, cruise missiles, and manned
aircraft; and
(B) the potential for commercial off-the-shelf solutions.
(3) Chemical, biological, radiological, and nuclear
capabilities and modernization needs.
(4) Field artillery capabilities, including--
(A) modernization needs;
(B) munitions inventory shortfalls; and
(C) changes in doctrine and war plans consistent with the
Memorandum of the Secretary of Defense dated June 19, 2008,
regarding the Department of Defense policy on cluster munitions
and unintended harm to civilians.
(5) Fuel distribution and water purification capacity and
responsiveness.
(6) Watercraft and port-opening capabilities and
responsiveness.
(7) Transportation capacity and responsiveness, particularly
with respect to the transportation of fuel, water, and cargo.
(8) Military police capacity.
(9) Tactical mobility and tactical wheeled vehicle capacity,
including heavy equipment prime movers.
(b) Report.--Not later than April 1, 2017, the Secretary of Defense
shall submit to the congressional defense committees a report that
includes--
(1) the assessment conducted under subsection (a);
(2) recommendations for reducing or eliminating shortfalls in
responsiveness and capacity with respect to each of the
capabilities described in such subsection; and
(3) an estimate of the costs of implementing such
recommendations.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.

Subtitle C--Navy Programs

SEC. 121. DETERMINATION OF VESSEL DELIVERY DATES.
(a) Determination of Vessel Delivery Dates.--
(1) In general.--Chapter 633 of title 10, United States Code,
is amended by inserting after section 7300 the following new
section:
``Sec. 7301. Determination of vessel delivery dates
``(a) In General.--The delivery of a covered vessel shall be deemed
to occur on the date on which--
``(1) the Secretary of the Navy determines that the vessel is
assembled and complete; and
``(2) custody of the vessel and all systems contained in the
vessel transfers to the Navy.
``(b) Inclusion in Budget and Acquisition Reports.--The delivery
dates of covered vessels shall be included--
``(1) in the materials submitted to Congress by the Secretary
of Defense in support of the budget of the President for each
fiscal year (as submitted to Congress under section 1105(a) of
title 31, United States Code); and
``(2) in any relevant Selected Acquisition Report submitted to
Congress under section 2432 of this title.
``(c) Covered Vessel Defined.--In this section, the term `covered
vessel' means any vessel of the Navy that is under construction on or
after the date of the enactment of this section using amounts
authorized to be appropriated for the Department of Defense for
shipbuilding and conversion, Navy.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 7300 the following new item:

``7301. Determination of vessel delivery dates.''.

(b) Certification.--
(1) In general.--Not later than January 1, 2017, the Secretary
of the Navy shall certify to the congressional defense committees
that the delivery dates of the following vessels have been adjusted
in accordance with section 7301 of title 10, United States Code, as
added by subsection (a):
(A) The U.S.S. John F. Kennedy (CVN-79).
(B) The U.S.S. Zumwalt (DDG-1000).
(C) The U.S.S. Michael Monsoor (DDG-1001).
(D) The U.S.S. Lyndon B. Johnson (DDG-1002).
(E) Any other vessel of the Navy that is under construction
on the date of the enactment of this Act.
(2) Contents.--The certification under paragraph (1) shall
include--
(A) an identification of each vessel for which the delivery
date was adjusted; and
(B) the delivery date of each such vessel, as so adjusted.
SEC. 122. INCREMENTAL FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF
LHA REPLACEMENT SHIP DESIGNATED LHA 8.
(a) Authority To Use Incremental Funding.--The Secretary of the
Navy may enter into and incrementally fund a contract for detail design
and construction of the LHA Replacement ship designated LHA 8 and,
subject to subsection (b), funds for payments under the contract may be
provided from amounts authorized to be appropriated for the Department
of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2017
and 2018.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for any subsequent
fiscal year is subject to the availability of appropriations for that
purpose for such subsequent fiscal year.
SEC. 123. LITTORAL COMBAT SHIP.
(a) Report on Littoral Combat Ship Mission Packages.--
(1) In general.--The Secretary of Defense shall include in the
materials submitted in support of the budget of the President (as
submitted to Congress under section 1105(a) of title 31, United
States Code) for each fiscal year through fiscal year 2022 a report
on Littoral Combat Ship mission packages.
(2) Elements.--Each report under paragraph (1) shall include,
with respect to each Littoral Combat Ship mission package and
increment, the following:
(A) A description of the status of and plans for
development, production, and sustainment, including--
(i) projected unit costs compared to originally
estimated unit costs for each system that comprises the
mission package;
(ii) projected development costs, procurement costs,
and 20-year sustainment costs compared to original
estimates of such costs for each system that comprises the
mission package;
(iii) demonstrated performance compared to required
performance for each system that comprises the mission
package and for the mission package as a whole;
(iv) problems relating to realized and potential costs,
schedule, or performance; and
(v) any development plans, production plans, or
sustainment and mitigation plans that may be implemented to
address such problems.
(B) A description, including dates, of each developmental
test, operational test, integrated test, and follow-on test
event that is--
(i) completed in the fiscal year preceding the fiscal
year covered by the report; and
(ii) expected to be completed in the fiscal year
covered by the report and any of the following five fiscal
years.
(C) The date on which initial operational capability is
expected to be attained and a description of the performance
level criteria that must be demonstrated to declare that such
capability has been attained.
(D) A description of--
(i) the systems that attained initial operational
capability in the fiscal year preceding the fiscal year
covered by the report; and
(ii) the performance level demonstrated by such systems
compared to the performance level required of such systems.
(E) The acquisition inventory objective for each system.
(F) An identification of--
(i) each location (including the city, State, and
country) to which systems were delivered in the fiscal year
preceding the fiscal year covered by the report; and
(ii) the quantity of systems delivered to each such
location.
(G) An identification of--
(i) each location (including the city, State, and
country) to which systems are projected to be delivered in
the fiscal year covered by the report and any of the
following five fiscal years; and
(ii) the quantity of systems projected to be delivered
to each such location.
(b) Certification of Littoral Combat Ship Mission Package Program
of Record.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall include in the
materials submitted in support of the budget of the President (as
submitted to Congress under section 1105(a) of title 31, United
States Code) for fiscal year 2018 the certification described in
paragraph (2).
(2) Certification.--The certification described in this
paragraph is a certification with respect to Littoral Combat Ship
mission packages that includes, as of the fiscal year covered by
the certification, the program of record quantity for--
(A) surface warfare mission packages;
(B) anti-submarine warfare mission packages; and
(C) mine countermeasures mission packages.
(c) Limitations.--
(1) Limitation on deviation from acquisition strategy.--
(A) In general.--The Secretary of Defense may not revise or
deviate from revision three of the Littoral Combat Ship
acquisition strategy, until the date on which the Secretary
submits to the congressional defense committees the
certification described in subparagraph (B).
(B) Certification.--The certification described in this
subparagraph is a certification that includes--
(i) the rationale of the Secretary for revising or
deviating from revision three of the Littoral Combat Ship
acquisition strategy;
(ii) a description of each such revision or deviation;
and
(iii) the Littoral Combat Ship acquisition strategy
that is in effect following the implementation of such
revisions or deviations.
(2) Limitation on selection of single contractor.--The
Secretary of Defense may not select only a single prime contractor
to construct the Littoral Combat Ship or any successor frigate
class ship unless such selection--
(A) is conducted using competitive procedures and for the
limited purpose of awarding a contract or contracts for--
(i) an engineering change proposal for a frigate class
ship; or
(ii) the construction of a frigate class ship; and
(B) occurs only after a frigate design has--
(i) reached sufficient maturity and completed a
preliminary design review; or
(ii) demonstrated an equivalent level of design
completeness.
(d) Definitions.--In this section:
(1) Littoral combat ship mission package.--The term ``Littoral
Combat Ship mission package'' means a mission module for a Littoral
Combat Ship combined with the crew detachment and support aircraft
for such ship.
(2) Mission module.--The term ``mission module'' means the
mission systems (including vehicles, communications, sensors, and
weapons systems) combined with support equipment (including support
containers and standard interfaces) and software (including
software relating to the computing environment and multiple vehicle
communications system of the mission package).
(3) Revision three.--The term ``revision three of the Littoral
Combat Ship acquisition strategy'' means the third revision of the
Littoral Combat Ship acquisition strategy approved by the Under
Secretary of Defense for Acquisition, Technology, and Logistics on
March 29, 2016.
(e) Repeal of Quarterly Reporting Requirement.--Section 126 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1657) is amended--
(1) by striking subsection (b); and
(2) by striking ``(a) Designation Required.--''.
SEC. 124. LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CONTRACTS
FOR CERTAIN VESSELS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2017 for joint high speed vessels or expeditionary fast
transports may be used to enter into or prepare to enter into a
contract on a sole-source basis for the construction of such vessels or
transports unless the Secretary of the Navy submits to the
congressional defense committees the certification described in
subsection (b) and the report described in subsection (c).
(b) Certification.--The certification described in this subsection
is a certification by the Secretary of the Navy that--
(1) awarding a contract for the construction of one or more
joint high speed vessels or expeditionary fast transports on a
sole-source basis is in the national security interests of the
United States;
(2) the construction of the vessels or transports will not
result in exceeding the requirement for the ship class, as
described in the most recent Navy force structure assessment;
(3) the contract will be a fixed-price contract;
(4) the price of the contract will be fair and reasonable, as
determined by the service acquisition executive of the Navy; and
(5) the contract will provide for the United States to have
Government purpose rights in the data for the ship design.
(c) Report.--The report described in this subsection is a report
that includes--
(1) an explanation of the rationale for awarding a contract for
the construction of joint high speed vessels or expeditionary fast
transports on a sole-source basis; and
(2) a description of--
(A) actions that may be carried out to ensure that, if
additional ships in the class are procured after the award of
the contract referred to in paragraph (1), the contracts for
the ships shall be awarded using competitive procedures; and
(B) with respect to each such action, an implementation
schedule and any associated cost savings, as compared to a
contract awarded on a sole-source basis.
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED
ARRESTING GEAR PROGRAM.
(a) Advanced Arresting Gear for U.S.S. Enterprise.--None of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the research and development,
design, procurement, or advanced procurement of materials for advanced
arresting gear for the U.S.S. Enterprise (CVN-80) may be obligated or
expended until the Secretary of Defense submits to the congressional
defense committees the report described in section 2432 of title 10,
United States Code, for the most recently concluded fiscal quarter for
the Advanced Arresting Gear Program in accordance with subsection
(c)(1).
(b) Advanced Arresting Gear for U.S.S. John F. Kennedy.--None of
the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the research and development,
design, procurement, or advanced procurement of materials for advanced
arresting gear for the U.S.S. John F. Kennedy (CVN-79) may be obligated
or expended unless--
(1) the decision to install advanced arresting gear on the
vessel is determined by the milestone decision authority for the
Program; and
(2) the milestone decision authority for the Program submits
notification of such determination to the congressional defense
committees.
(c) Additional Requirements.--
(1) Treatment of baseline estimate.--The Secretary of Defense
shall deem the Baseline Estimate for the Advanced Arresting Gear
Program for fiscal year 2009 as the original Baseline Estimate for
the Program.
(2) Unit cost reports and critical cost growth.--
(A) Subject to subparagraph (B), the Secretary shall carry
out sections 2433 and 2433a of title 10, United States Code,
with respect to the Advanced Arresting Gear Program, as if the
Department had submitted a Selected Acquisition Report for the
Program that included the Baseline Estimate for the Program for
fiscal year 2009 as the original Baseline Estimate, except that
the Secretary shall not carry out subparagraph (B) or
subparagraph (C) of section 2433a(c)(1) of such title with
respect to the Program.
(B) In carrying out the review required by section 2433a of
such title, the Secretary shall not approve a contract, enter
into a new contract, exercise an option under a contract, or
otherwise extend the scope of a contract for advanced arresting
gear for the U.S.S. Enterprise (CVN-80), except to the extent
determined necessary by the milestone decision authority, on a
non-delegable basis, to ensure that the Program can be
restructured as intended by the Secretary without unnecessarily
wasting resources.
(d) Definitions.--In this section:
(1) Baseline estimate.--The term ``Baseline Estimate'' has the
meaning given the term in section 2433(a)(2) of title 10, United
States Code.
(2) Mileston decision authority.--The term ``milestone decision
authority'' has the meaning given the term in section 2366b(g)(3)
of title 10, United States Code.
(3) Original baseline estimate.--The term ``original Baseline
Estimate'' has the meaning given the term in section 2435(d)(1) of
title 10, United States Code.
(4) Selected acquisition report.--The term ``Selected
Acquisition Report'' means a Selected Acquisition Report submitted
to Congress under section 2432 of title 10, United States Code.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
U.S.S. ENTERPRISE (CVN-80).
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for advance
procurement or procurement for the U.S.S. Enterprise (CVN-80), not more
than 25 percent may be obligated or expended until the date on which
the Secretary of the Navy and the Chief of Naval Operations jointly
submit to the congressional defense committees the report under
subsection (b).
(b) Initial Report on CVN-79 and CVN-80.--Not later than December
1, 2016, the Secretary of the Navy and the Chief of Naval Operations
shall jointly submit to the congressional defense committees a report
that includes a description of actions that may be carried out
(including de-scoping requirements, if necessary) to achieve a ship end
cost of--
(1) not more than $12,000,000,000 for the CVN-80; and
(2) not more than $11,000,000,000 for the U.S.S. John F.
Kennedy (CVN-79).
(c) Annual Report on CVN-79 and CVN-80.--
(1) In general.--Together with the budget of the President for
each fiscal year through fiscal year 2021 (as submitted to Congress
under section 1105(a) of title 31, United States Code) the
Secretary of the Navy and the Chief of Naval Operations shall
submit a report on the efforts of the Navy to achieve the ship end
costs described in subsection (b) for the CVN-79 and CVN-80.
(2) Elements.--The report under paragraph (1) shall include,
with respect to the procurement of the CVN-79 and the CVN-80, the
following:
(A) A description of the progress made toward achieving the
ship end costs described in subsection (b), including realized
cost savings.
(B) A description of low value-added or unnecessary
elements of program cost that have been reduced or eliminated.
(C) Cost savings estimates for current and planned
initiatives.
(D) A schedule that includes--
(i) a plan for spending with phasing of key obligations
and outlays;
(ii) decision points describing when savings may be
realized; and
(iii) key events that must occur to execute initiatives
and achieve savings.
(E) Instances of lower Government estimates used in
contract negotiations.
(F) A description of risks that may result from achieving
the procurement end costs specified in subsection (b).
(G) A description of incentives or rewards provided or
planned to be provided to prime contractors for meeting the
procurement end costs specified in subsection (b).
SEC. 127. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT
SCHEDULES.
(a) Findings.--Congress finds the following:
(1) In the Congressional Budget Office report titled ``An
Analysis of the Navy's Fiscal Year 2016 Shipbuilding Plan'', the
Office stated as follows: ``To prevent the carrier force from
declining to 10 ships in the 2040s, 1 short of its inventory goal
of 11, the Navy could accelerate purchases after 2018 to 1 every
four years, rather than 1 every five years''.
(2) In a report submitted to Congress on March 17, 2015, the
Secretary of the Navy indicated the Department of the Navy has a
requirement of 11 aircraft carriers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the plan of the Department of the Navy to schedule the
procurement of one aircraft carrier every five years will reduce
the overall aircraft carrier inventory to 10 aircraft carriers, a
level insufficient to meet peacetime and war plan requirements; and
(2) to accommodate the required aircraft carrier force
structure, the Department of the Navy should--
(A) begin to program construction for the next aircraft
carrier to be built after the U.S.S. Enterprise (CVN-80) in
fiscal year 2022; and
(B) program the required advance procurement activities to
accommodate the construction of such carrier.
SEC. 128. REPORT ON P-8 POSEIDON AIRCRAFT.
(a) Report Required.--Not later than October 1, 2017, the Secretary
of the Navy shall submit to the congressional defense committees a
report on potential upgrades to the capabilities of the P-8 Poseidon
aircraft.
(b) Elements.--The report under subsection (a) shall include, with
respect to the P-8 Poseidon aircraft, the following:
(1) A review of potential upgrades to the sensors onboard the
aircraft, including upgrades to intelligence sensors, surveillance
sensors, and reconnaissance sensors such as those being fielded on
MQ-4 Global Hawk aircraft platforms.
(2) An assessment of the ability of the Navy to use long-range
multispectral imaging systems onboard the aircraft that are similar
to such systems being used onboard the MQ-4 Global Hawk aircraft.
SEC. 129. DESIGN AND CONSTRUCTION OF REPLACEMENT DOCK LANDING SHIP
DESIGNATED LX(R) OR AMPHIBIOUS TRANSPORT DOCK DESIGNATED LPD-29.
(a) In General.--The Secretary of the Navy may enter into a
contract, beginning with the fiscal year 2017 program year, for the
design and construction of the replacement dock landing ship designated
LX(R) or the amphibious transport dock designated LPD-29 using amounts
authorized to be appropriated for the Department of Defense for
Shipbuilding and Conversion, Navy.
(b) Use of Incremental Funding.--With respect to the contract
entered into under subsection (a), the Secretary may use incremental
funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under such contract for any fiscal year
after fiscal year 2017 is subject to the availability of appropriations
for that purpose for such fiscal year.

Subtitle D--Air Force Programs

SEC. 131. EC-130H COMPASS CALL RECAPITALIZATION PROGRAM.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Air Force may carry out a program to transfer the primary mission
equipment of the EC-130H Compass Call aircraft fleet to an aircraft
platform that the Secretary determines--
(1) is more operationally effective and survivable than the
existing EC-130H Compass Call aircraft platform; and
(2) meets the requirements of the combatant commands.
(b) Limitation.--
(1) Except as provided in paragraph (2), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 or any other fiscal year for
procurement may be obligated or expended on the program under
subsection (a) until the date on which the Secretary of the Air
Force determines that there is a high likelihood that the program
will meet the requirements of the combatant commands.
(2) The limitation in paragraph (1)--
(A) shall not apply to the development and procurement of
the first two aircraft under the program; and
(B) shall not limit the authority of the Secretary to enter
into a contract that may include an option for the future
production of aircraft under the program if--
(i) the exercise of such option is at the discretion of
the Secretary; and
(ii) such option is not exercised until the Secretary
determines that there is a high likelihood that the program
will meet the requirements of the combatant commands.
SEC. 132. REPEAL OF REQUIREMENT TO PRESERVE CERTAIN RETIRED C-5
AIRCRAFT.
Section 141 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1659) is amended by striking
subsection (d).
SEC. 133. REPEAL OF REQUIREMENT TO PRESERVE F-117 AIRCRAFT IN
RECALLABLE CONDITION.
Section 136 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is amended by
striking subsection (b).
SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF A-
10 AIRCRAFT.
(a) Prohibition on Availability of Funds for Retirement.--None of
the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the Air Force may be obligated or
expended to retire, prepare to retire, or place in storage or on backup
aircraft inventory status any A-10 aircraft.
(b) Additional Limitation on Retirement.--In addition to the
prohibition in subsection (a), the Secretary of the Air Force may not
retire, prepare to retire, or place in storage or on backup aircraft
inventory status any A-10 aircraft until a period of 90 days has
elapsed following the date on which the Secretary submits to the
congressional defense committees the report under subsection (e)(2).
(c) Prohibition on Significant Reductions in Manning Levels.--None
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Air Force may be obligated
or expended to make significant reductions to manning levels with
respect to any A-10 aircraft squadrons or divisions.
(d) Minimum Inventory Requirement.--The Secretary of the Air Force
shall ensure the Air Force maintains a minimum of 171 A-10 aircraft
designated as primary mission aircraft inventory until a period of 90
days has elapsed following the date on which the Secretary submits to
the congressional defense committees the report under subsection
(e)(2).
(e) Reports Required.--
(1) The Director of Operational Test and Evaluation shall
submit to the congressional defense committees a report that
includes--
(A) the results and findings of the initial operational
test and evaluation of the F-35 aircraft program; and
(B) a comparison test and evaluation that examines the
capabilities of the F-35A and A-10C aircraft in conducting
close air support, combat search and rescue, and forward air
controller airborne missions.
(2) Not later than 180 days after the date of the submission of
the report under paragraph (1), the Secretary of the Air Force
shall submit to the congressional defense committees a report that
includes--
(A) the views of the Secretary with respect to the results
of the initial operational test and evaluation of the F-35
aircraft program as summarized in the report under paragraph
(1), including any issues or concerns of the Secretary with
respect to such results;
(B) a plan for addressing any deficiencies and carrying out
any corrective actions identified in such report; and
(C) short-term and long-term strategies for preserving the
capability of the Air Force to conduct close air support,
combat search and rescue, and forward air controller airborne
missions.
(f) Special Rule.--
(1) Subject to paragraph (2), the Secretary of the Air Force
may carry out the transition of the A-10 unit at Fort Wayne Air
National Guard Base, Indiana, to an F-16 unit as described by the
Secretary in the Force Structure Actions map submitted in support
of the budget of the President for fiscal year 2017 (as submitted
to Congress under section 1105(a) of title 31, United States Code).
(2) Subsections (a) through (e) shall apply with respect to any
A-10 aircraft affected by the transition described in paragraph
(1).
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF A-
10 AIRCRAFT IN STORAGE STATUS.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Air Force for fiscal year
2017 or any fiscal year thereafter may be obligated or expended to
scrap, destroy, or otherwise dispose of any potential donor A-10
aircraft until the date on which the Secretary of the Air Force submits
to the congressional defense committees the report required under
section 134(e)(2).
(b) Notification and Certification.--Not later than 45 days before
taking any action to scrap, destroy, or otherwise dispose of any A-10
aircraft in any storage status in the 309th Aerospace Maintenance and
Regeneration Group, the Secretary of the Air Force shall--
(1) notify the congressional defense committees of the intent
of the Secretary to take such action; and
(2) certify that the A-10 aircraft subject to such action does
not have serviceable wings or other components that could be used
to prevent the permanent removal of any active inventory A-10
aircraft from flyable status.
(c) Plan to Prevent Removal A-10 Aircraft From Flyable Status.--The
Secretary of the Air Force shall--
(1) include with the materials submitted to Congress in support
of the budget of the Department of Defense for fiscal year 2018 (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) a plan to prevent the permanent
removal of any active inventory A-10 aircraft from flyable status
due to unserviceable wings or any other required component during
the period covered by the future years defense plan submitted to
Congress under section 221 of title 10, United States Code; and
(2) carry out such plan to prevent the permanent removal of any
active inventory A-10 aircraft from flyable status.
(d) Potential Donor A-10 Aircraft Defined.--In this section, the
term ``potential donor A-10 aircraft'' means any A-10 aircraft in any
storage status in the 309th Aerospace Maintenance and Regeneration
Group that has serviceable wings or other components that could be used
to prevent any active inventory A-10 aircraft from being permanently
removed from flyable status due to unserviceable wings or other
components.
SEC. 136. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided by subsection (b) and in
addition to the prohibition under section 144 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
758), none of the funds authorized to be appropriated or otherwise made
available for fiscal year 2018 for the Air Force may be obligated or
expended to retire, or prepare to retire, any Joint Surveillance Target
Attack Radar System aircraft.
(b) Exception.--The prohibition in subsection (a) shall not apply
to individual Joint Surveillance Target Attack Radar System aircraft
that the Secretary of the Air Force determines, on a case-by-case
basis, to be non-operational because of mishaps, other damage, or being
uneconomical to repair.
SEC. 137. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT INVENTORY.
Section 231a of title 10, United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).

Subtitle E--Defense-wide, Joint, and Multiservice Matters

SEC. 141. STANDARDIZATION OF 5.56MM RIFLE AMMUNITION.
(a) Report.--If, on the date that is 180 days after the date of the
enactment of this Act, the Army and the Marine Corps are using in
combat two different types of enhanced 5.56mm rifle ammunition, the
Secretary of Defense shall, on such date, submit to the congressional
defense committees a report explaining the reasons that the Army and
the Marine Corps are using different types of such ammunition.
(b) Standardization Requirement.--Except as provided in subsection
(c), not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall ensure that the Army and the Marine
Corps are using in combat one standard type of enhanced 5.56mm rifle
ammunition.
(c) Exception.--Subsection (b) shall not apply in a case in which
the Secretary of Defense--
(1) determines that a state of emergency requires the Army and
the Marine Corps to use in combat different types of enhanced
5.56mm rifle ammunition; and
(2) certifies to the congressional defense committees that such
a determination has been made.
SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT STANDARDS FOR
CERTAIN VEHICLES.
(a) Guidance Required.--
(1) The Secretary of the Army shall issue guidance regarding
fire suppressant and fuel containment standards for covered
vehicles of the Army.
(2) The Secretary of the Navy shall issue guidance regarding
fire suppressant and fuel containment standards for covered
vehicles of the Marine Corps.
(b) Elements.--The guidance regarding fire suppressant and fuel
containment standards issued pursuant to subsection (a) shall--
(1) meet the survivability requirements applicable to each
class of covered vehicles;
(2) include standards for vehicle armor, vehicle fire
suppression systems, and fuel containment technologies in covered
vehicles; and
(3) balance cost, survivability, and mobility.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army and the Secretary
of the Navy shall each submit to the congressional defense committees a
report that includes--
(1) the policy guidance established pursuant to subsection (a),
set forth separately for each class of covered vehicle; and
(2) any other information the Secretaries determine to be
appropriate.
(d) Covered Vehicles.--In this section, the term ``covered
vehicles'' means ground vehicles acquired on or after October 1, 2018,
under a major defense acquisition program (as such term is defined in
section 2430 of title 10, United States Code), including light tactical
vehicles, medium tactical vehicles, heavy tactical vehicles, and ground
combat vehicles.
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
CERTAIN CLUSTER MUNITIONS.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the Department of Defense may be
obligated or expended for the destruction of cluster munitions until
the date on which the Secretary of Defense submits the report required
by subsection (c).
(b) Exception for Safety.--The limitation under subsection (a)
shall not apply to the destruction of cluster munitions that the
Secretary determines--
(1) are unserviceable as a result of an inspection, test, field
incident, or other significant failure to meet performance or
logistics requirements; or
(2) are unsafe or could pose a safety risk if not demilitarized
or destroyed.
(c) Report Required.--
(1) In general.--Not later than March 1, 2017, the Secretary of
Defense shall submit to the congressional defense committees a
report that includes each of the following elements:
(A) A description of the policy of the Department of
Defense regarding the use of cluster munitions, including an
explanation of the process through which commanders may seek
waivers to use such munitions.
(B) A 10-year projection of the requirements and inventory
levels for all cluster munitions that takes into account future
production of cluster munitions, any plans for demilitarization
of such munitions, any plans for the recapitalization of such
munitions, the age of the munitions, storage and safety
considerations, and other factors that will affect the size of
the inventory.
(C) A 10-year projection for the cost to achieve the
inventory levels projected in subparagraph (B), including the
cost for potential demilitarization or disposal of such
munitions.
(D) A 10-year projection for the cost to develop and
produce new cluster munitions that comply with the Memorandum
of the Secretary of Defense dated June 19, 2008, regarding the
Department of Defense policy on cluster munitions and
unintended harm to civilians that the Secretary determines are
necessary to meet the demands of current operational plans.
(E) An assessment, by the Chairman of the Joint Chiefs of
Staff, of the effects of the projected cluster inventory on
operational plans.
(F) Any other matters that the Secretary determines should
be included in the report.
(2) Form of report.--The report required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(d) Cluster Munitions Defined.--In this section, the term ``cluster
munitions'' includes systems delivered by aircraft, cruise missiles,
artillery, mortars, missiles, tanks, rocket launchers, or naval guns
that deploy payloads of explosive submunitions that detonate via target
acquisition, impact, or altitude, or that self-destruct.
SEC. 144. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS STRATEGY FOR
THE COMBATANT COMMANDS.
(a) Report Required.--Not later than April 1, 2017, the Secretary
of Defense shall submit to the congressional defense committees a
report on the munitions strategy for the combatant commands for the
six-year period beginning on January 1, 2017.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) For each year covered by the report, an identification of
the munitions requirements of the combatant commands, including--
(A) plans, programming, and budgeting for each type of
munition; and
(B) the inventory of each type of munition.
(2) An assessment of any gaps and shortfalls with respect to
munitions determined to be essential to the ability of the
combatant commands to fulfill mission requirements.
(3) An assessment of how current and planned munitions programs
may affect operational concepts and capabilities of the combatant
commands.
(4) An identification of limitations in relevant industrial
bases and a description of necessary munitions investments.
(5) An assessment of how munitions capability and capacity may
be affected by changes consistent with the memorandum of the
Secretary of Defense dated June 19, 2008, regarding the policy of
the Department of Defense on cluster munitions and unintended harm
to civilians.
(6) Any other matters the Secretary determines appropriate.
SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MISSION
REQUIREMENTS FUNDS.
Section 123 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4158; 10 U.S.C. 167
note) is amended--
(1) in the section heading, by striking ``quarterly'' and
inserting ``annual'';
(2) in the subsection heading of subsection (a), by striking
``Quarterly'' and inserting ``Annual''; and
(3) by striking ``quarter'' each place it appears and inserting
``year''.
SEC. 146. REPORT ON ALTERNATIVE MANAGEMENT STRUCTURES FOR THE F-35
JOINT STRIKE FIGHTER PROGRAM.
(a) In General.--Not later than March 31, 2017, the Secretary of
Defense shall submit to the congressional defense committees a report
on potential alternative management structures for the F-35 joint
strike fighter program.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An analysis of potential alternative management structures
for the F-35 joint strike fighter program, including--
(A) continuation of the joint program office for the
program;
(B) the establishment of separate program offices for the
program in the Department of the Air Force and the Department
of the Navy;
(C) the establishment of separate program offices for each
variant of the F-35A, F-35B, and F-35C;
(D) division of responsibilities for the program between a
joint program office and the military departments; and
(E) such other alternative management structures as the
Secretary determines to be appropriate.
(2) An evaluation of the benefits and drawbacks of each
alternative management structure analyzed in the report with
respect to--
(A) cost;
(B) alignment of responsibility and accountability; and
(C) the adequacy of representation from military
departments and program partners.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 147. COMPTROLLER GENERAL REVIEW OF F-35 LIGHTNING II AIRCRAFT
SUSTAINMENT SUPPORT.
(a) Review.--Not later than September 30, 2017, the Comptroller
General of the United States shall submit to the congressional defense
committees a report on the sustainment support structure for the F-35
Lightning II aircraft program.
(b) Elements.--The review under subsection (a) shall include, with
respect to the F-35 Lightning II aircraft program, the following:
(1) The status of the sustainment support strategy for the
program, including goals for personnel training, required
infrastructure, and fleet readiness.
(2) Approaches, including performance-based logistics,
considered in developing the sustainment support strategy for the
program.
(3) Other information regarding sustainment and logistics
support for the program that the Comptroller General determines to
be of critical importance to the long-term viability of the
program.
SEC. 148. BRIEFING ON ACQUISITION STRATEGY FOR GROUND MOBILITY
VEHICLE.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with the
Secretary of the Army, shall provide a briefing to the congressional
defense committees on the acquisition strategy for the Ground Mobility
Vehicle for use with the Global Response Force of the 82nd Airborne
Division.
(b) Elements.--The briefing under subsection (a) shall include an
assessment of the following:
(1) The feasability of acquiring the Ground Mobility Vehicle--
(A) as a commercially available off-the-shelf item (as such
term is defined in section 104 of title 41, United States
Code); or
(B) as a modified version of such an item.
(2) Whether acquiring the Ground Mobility Vehicle in a manner
described in paragraph (1) would satisfy the requirements of the
program and reduce the life-cycle cost of the program.
(3) Whether the acquisition strategy for the Ground Mobility
Vehicle meets the focus areas specified in the most recent version
of the Better Buying Power initiative of the Secretary of Defense.
(4) Whether including an active safety system in the Ground
Mobility Vehicle, such as the electronic stability control system
used on the joint light tactical vehicle, would reduce the risk of
vehicle rollover.
SEC. 149. STUDY AND REPORT ON OPTIMAL MIX OF AIRCRAFT CAPABILITIES
FOR THE ARMED FORCES.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a study
to determine--
(A) an optimal mix of short-range fighter-class strike
aircraft and long-range strike aircraft for the use of the
Armed Forces during the covered period;
(B) an optimal mix of manned aerial platforms and unmanned
aerial platforms for the use of the Armed Forces during such
period; and
(C) an optimal mix of other aircraft and capabilities for
the use of the Armed Forces during such period, including--
(i) long-range, medium-range, and short-range
intelligence, surveillance, reconnaissance, or strike
aircraft, or combination of such aircraft;
(ii) aircraft with varying observability
characteristics;
(iii) land-based and sea-based aircraft;
(iv) advanced legacy fourth-generation aircraft
platforms of proven design;
(v) next generation air superiority capabilities; and
(vi) advanced technology innovations.
(2) Considerations.--In making the determinations under
paragraph (1), the Secretary shall consider defense strategy,
critical assumptions, priorities, force size, and cost.
(b) Report.--
(1) In general.--Not later than April 14, 2017, the Secretary
shall submit to the appropriate congressional committees a report
that includes the following:
(A) The results of the study conducted under subsection
(a).
(B) A discussion of the specific assumptions, observations,
conclusions, and recommendations of the study.
(C) A description of the modeling and analysis techniques
used for the study.
(D) A plan for fielding complementary aircraft and
capabilities identified as an optimal mix in the study under
subsection (a).
(E) A plan to meet objectives and fulfill the warfighting
capability and capacity requirements of the combatant commands
using the aircraft and capabilities described in subsection
(a).
(2) Form.--The report under paragraph (1) may be submitted in
classified form, but shall include an unclassified executive
summary.
(3) Nonduplication of effort.--If any information required
under paragraph (1) has been included in another report or
notification previously submitted to any of the appropriate
congressional committees by law, the Secretary may provide a list
of such reports and notifications at the time of submitting the
report required under such paragraph instead of including such
information in such report.
(4) Definitions.--ln this subsection:
(A) The term ``appropriate congressional committees'' means
the congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(B) The term ``covered period'' means the period beginning
on the date of the enactment of this Act and ending on January
1, 2030.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B--Program Requirements, Restrictions, and Limitations

Subtitle C--Reports and Other Matters

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. LABORATORY QUALITY ENHANCEMENT PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Research and Engineering, shall
carry out a program to be known as the ``Laboratory Quality Enhancement
Program'' under which the Secretary shall establish the panels
described in subsection (b) and direct such panels--
(1) to review and make recommendations to the Secretary with
respect to--
(A) existing policies and practices affecting the science
and technology reinvention laboratories to improve the mission
effectiveness of such laboratories; and
(B) new initiatives proposed by the science and technology
reinvention laboratories;
(2) to support implementation of current and future initiatives
affecting the science and technology reinvention laboratories; and
(3) to conduct assessments or data analysis on such other
issues as the Secretary determines to be appropriate.
(b) Panels.--The panels described in this subsection are:
(1) A panel on personnel, workforce development, and talent
management.
(2) A panel on facilities, equipment, and infrastructure.
(3) A panel on research strategy, technology transfer, and
industry and university partnerships.
(4) A panel on governance and oversight processes.
(c) Composition of Panels.--(1) Each panel described in paragraphs
(1) through (3) of subsection (b) may be composed of subject matter and
technical management experts from--
(A) laboratories and research centers of the Army, Navy, and
Air Force;
(B) appropriate Defense Agencies;
(C) the Office of the Assistant Secretary of Defense for
Research and Engineering; and
(D) such other entities as the Secretary determines to be
appropriate.
(2) The panel described in subsection (b)(4) shall be composed of--
(A) the Director of the Army Research Laboratory;
(B) the Director of the Air Force Research Laboratory;
(C) the Director of the Naval Research Laboratory;
(D) the Director of the Engineer Research and Development
Center of the Army Corps of Engineers; and
(E) such other members as the Secretary determines to be
appropriate.
(d) Governance of Panels.--(1) The chairperson of each panel shall
be selected by its members.
(2) Each panel, in coordination with the Assistant Secretary of
Defense for Research and Engineering, shall transmit to the Science and
Technology Executive Committee of the Department of Defense such
information or findings on topics requiring decision or approval as the
panel considers appropriate.
(e) Discharge of Certain Authorities to Conduct Personnel
Demonstration Projects.--Subparagraph (C) of section 342(b)(3) of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2721), as added by section 1114(a) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-315), is
amended by inserting before the period at the end the following:
``through the Assistant Secretary of Defense for Research and
Engineering (who shall place an emphasis in the exercise of such
authorities on enhancing efficient operations of the laboratory and who
may, in exercising such authorities, request administrative support
from science and technology reinvention laboratories to review,
research, and adjudicate personnel demonstration project proposals)''.
(f) Science and Technology Reinvention Laboratory Defined.--In this
section, the term ``science and technology reinvention laboratory''
means a science and technology reinvention laboratory designated under
section 1105 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 10 U.S.C. 2358 note), as amended.
SEC. 212. MODIFICATION OF MECHANISMS TO PROVIDE FUNDS FOR DEFENSE
LABORATORIES FOR RESEARCH AND DEVELOPMENT OF TECHNOLOGIES FOR
MILITARY MISSIONS.
(a) Amount Authorized Under Current Mechanism.--Paragraph (1) of
subsection (a) of section 219 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended
in the matter before subparagraph (A) by striking ``not more than three
percent'' and inserting ``not less than two percent and not more than
four percent''.
(b) Additional Mechanism to Provide Funds.--Such subsection is
further amended by adding at the end the following new paragraph:
``(3) Fee.--After consultation with the science and technology
executive of the military department concerned, the director of a
defense laboratory may charge customer activities a fixed
percentage fee, in addition to normal costs of performance, in
order to obtain funds to carry out activities authorized by this
subsection. The fixed fee may not exceed four percent of costs.''.
(c) Modification of Cost Limit Compliance for Infrastructure
Projects.--Subsection (b)(4) of such section is amended by adding at
the end the following new subparagraph:
``(C) Section 2802 of such title, with respect to
construction projects that exceed the cost specified in
subsection (a)(2) of section 2805 of such title for certain
unspecified minor military construction projects for
laboratories.''.
(d) Repeal of Sunset.--Such section is amended by striking
subsection (d).
SEC. 213. MAKING PERMANENT AUTHORITY FOR DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
Section 1073 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2359 note) is
amended--
(1) in subsection (d), by striking ``for each of fiscal years
2011 through 2023 may be used for any such fiscal year'' and
inserting ``for a fiscal year may be used for such fiscal year'';
and
(2) by striking subsection (f).
SEC. 214. AUTHORIZATION FOR NATIONAL DEFENSE UNIVERSITY AND DEFENSE
ACQUISITION UNIVERSITY TO ENTER INTO COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENTS.
(a) National Defense University.--Section 2165 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(f) Cooperative Research and Development Agreements.--(1) In
engaging in research and development projects pursuant to subsection
(a) of section 2358 of this title by a contract, cooperative agreement,
or grant pursuant to subsection (b)(1) of such section, the Secretary
may enter into such contract or cooperative agreement or award such
grant through the National Defense University.
``(2) The National Defense University shall be considered a
Government-operated Federal laboratory for purposes of section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).''.
(b) Defense Acquisition University.--Section 1746 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(d) Cooperative Research and Development Agreements.--(1) In
engaging in research and development projects pursuant to subsection
(a) of section 2358 of this title by a contract, cooperative agreement,
or grant pursuant to subsection (b)(1) of such section, the Secretary
may enter into such contract or cooperative agreement or award such
grant through the Defense Acquisition University.
``(2) The Defense Acquisition University shall be considered a
Government-operated Federal laboratory for purposes of section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a).''.
SEC. 215. MANUFACTURING ENGINEERING EDUCATION GRANT PROGRAM.
Section 2196 of title 10, United States Code, is amended to read as
follows:
``Sec. 2196. Manufacturing engineering education program
``(a) Establishment of Manufacturing Engineering Education
Program.--(1) The Secretary of Defense shall establish a program under
which the Secretary makes grants or other awards to support--
``(A) the enhancement of existing programs in manufacturing
engineering education to further a mission of the department; or
``(B) the establishment of new programs in manufacturing
engineering education that meet such requirements.
``(2) Grants and awards under this section may be made to industry,
not-for-profit institutions, institutions of higher education, or to
consortia of such institutions or industry.
``(3) The Secretary shall establish the program in consultation
with the Secretary of Education, the Director of the National Science
Foundation, the Director of the Office of Science and Technology
Policy, and the secretaries of such other relevant Federal agencies as
the Secretary considers appropriate.
``(4) The Secretary shall ensure that the program is coordinated
with Department programs associated with advanced manufacturing.
``(5) The program shall be known as the `Manufacturing Engineering
Education Program'.
``(b) Geographical Distribution of Grants and Awards.--In awarding
grants and other awards under this subsection, the Secretary shall, to
the maximum extent practicable, avoid geographical concentration of
awards.
``(c) Covered Programs.--A program of engineering education
supported pursuant to this section shall meet the requirements of this
section.
``(d) Components of Program.--The program of education for which
such a grant is made shall be a consolidated and integrated
multidisciplinary program of education with an emphasis on the
following components:
``(1) Multidisciplinary instruction that encompasses the total
manufacturing engineering enterprise and that may include--
``(A) manufacturing engineering education and training
through classroom activities, laboratory activities, thesis
projects, individual or team projects, internships, cooperative
work-study programs, and interactions with industrial
facilities, consortia, or such other activities and
organizations in the United States and foreign countries as the
Secretary considers appropriate;
``(B) faculty development programs;
``(C) recruitment of educators highly qualified in
manufacturing engineering to teach or develop manufacturing
engineering courses;
``(D) presentation of seminars, workshops, and training for
the development of specific manufacturing engineering skills;
``(E) activities involving interaction between students and
industry, including programs for visiting scholars, personnel
exchange, or industry executives;
``(F) development of new, or updating and modification of
existing, manufacturing curriculum, course offerings, and
education programs;
``(G) establishment of programs in manufacturing workforce
training;
``(H) establishment of joint manufacturing engineering
programs with defense laboratories and depots; and
``(I) expansion of manufacturing training and education
programs and outreach for members of the armed forces,
dependents and children of such members, veterans, and
employees of the Department of Defense.
``(2) Opportunities for students to obtain work experience in
manufacturing through such activities as internships, summer job
placements, or cooperative work-study programs.
``(3) Faculty and student engagement with industry that is
directly related to, and supportive of, the education of students
in manufacturing engineering because of--
``(A) the increased understanding of manufacturing
engineering challenges and potential solutions; and
``(B) the enhanced quality and effectiveness of the
instruction that result from that increased understanding.
``(e) Proposals.--The Secretary of Defense shall solicit proposals
for grants and other awards to be made pursuant to this section for the
support of programs of manufacturing engineering education that are
consistent with the purposes of this section.
``(f) Merit Competition.--Applications for awards shall be
evaluated on the basis of merit pursuant to competitive procedures
prescribed by the Secretary.
``(g) Selection Criteria.--The Secretary may select a proposal for
an award pursuant to this section if the proposal, at a minimum, does
each of the following:
``(1) Contains innovative approaches for improving engineering
education in manufacturing technology.
``(2) Demonstrates a strong commitment by the proponents to
apply the resources necessary to achieve the objectives for which
the award is to be made.
``(3) Provides for effective engagement with industry or
government organizations that supports the instruction to be
provided in the proposed program and is likely to improve
manufacturing engineering and technology.
``(4) Demonstrates a significant level of involvement of United
States industry in the proposed instructional and research
activities.
``(5) Is likely to attract superior students and promote
careers in manufacturing engineering.
``(6) Proposes to involve fully qualified personnel who are
experienced in manufacturing engineering education and technology.
``(7) Proposes a program that, within three years after the
award is made, is likely to attract from sources other than the
Federal Government the financial and other support necessary to
sustain such program.
``(8) Proposes to achieve a significant level of participation
by women, members of minority groups, and individuals with
disabilities through active recruitment of students from among such
persons.
``(9) Trains students in advanced manufacturing and in relevant
emerging technologies and production processes.
``(h) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).''.
SEC. 216. NOTIFICATION REQUIREMENT FOR CERTAIN RAPID PROTOTYPING,
EXPERIMENTATION, AND DEMONSTRATION ACTIVITIES.
(a) Notice Required.--The Secretary of the Navy shall not initiate
a covered activity until a period of 10 business days has elapsed
following the date on which the Secretary submits to the congressional
defense committees the notice described in subsection (b) with respect
to such activity.
(b) Elements of Notice.--The notice described in this subsection is
a written notice of the intention of the Secretary to initiate a
covered activity. Each such notice shall include the following:
(1) A description of the activity.
(2) Estimated costs and funding sources for the activity,
including a description of any cost-sharing or in-kind support
arrangements with other participants.
(3) A description of any transition agreement, including the
identity of any partner organization that may receive the results
of the covered activity under such an agreement.
(4) Identification of major milestones and the anticipated date
of completion of the activity.
(c) Covered Activity.--In this section, the term ``covered
activity'' means a rapid prototyping, experimentation, or demonstration
activity carried out under program element 0603382N.
(d) Sunset.--The requirements of this section shall terminate five
years after the date of the enactment of this Act.
SEC. 217. INCREASED MICRO-PURCHASE THRESHOLD FOR RESEARCH PROGRAMS
AND ENTITIES.
(a) Increased Micro-purchase Threshold for Basic Research Programs
and Activities of the Department of Defense Science and Technology
Reinvention Laboratories.--
(1) In general.--Chapter 137 of title 10, United States Code,
as amended by section 821(a), is further amended by adding at the
end the following new section:
``Sec. 2339. Micro-purchase threshold for basic research programs and
activities of the Department of Defense science and technology
reinvention laboratories
``Notwithstanding subsection (a) of section 1902 of title 41, the
micro-purchase threshold for the Department of Defense for purposes of
such section is $10,000 for purposes of basic research programs and for
the activities of the Department of Defense science and technology
reinvention laboratories.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter, as amended by section 821b, is further amended by
adding at the end the following new item:

``2339. Micro-purchase threshold for basic research programs and
activities of the Department of Defense science and technology
reinvention laboratories.''.

(b) Increased Micro-purchase Threshold for Universities,
Independent Research Institutes, and Nonprofit Research
Organizations.--Section 1902 of title 41, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting ``(1) Except
as provided in sections 2338 and 2339 of title 10 and paragraph
(2) of this subsection, for purposes''; and
(B) by adding at the end the following new paragraph:
``(2) For purposes of this section, the micro-purchase threshold
for procurement activities administered under sections 6303 through
6305 of title 31 by institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
or related or affiliated nonprofit entities, or by nonprofit research
organizations or independent research institutes is--
``(A) $10,000; or
``(B) such higher threshold as determined appropriate by the
head of the relevant executive agency and consistent with clean
audit findings under chapter 75 of title 31, internal institutional
risk assessment, or State law.''; and
(2) in subsections (d) and (e), by striking ``not greater than
$3,000'' and inserting ``with a price not greater than the micro-
purchase threshold''.
SEC. 218. IMPROVED BIOSAFETY FOR HANDLING OF SELECT AGENTS AND
TOXINS.
(a) Quality Control and Quality Assurance Program.--The Secretary
of Defense, acting through the executive agent for the biological
select agent and toxin biosafety program of the Department of Defense,
shall carry out a program to implement certain quality control and
quality assurance measures at each covered facility.
(b) Quality Control and Quality Assurance Measures.--Subject to
subsection (c), the quality control and quality assurance measures
implemented at each covered facility under subsection (a) shall include
the following:
(1) Designation of an external manager to oversee quality
assurance and quality control.
(2) Environmental sampling and inspection.
(3) Production procedures that prohibit operations where live
biological select agents and toxins are used in the same laboratory
where viability testing is conducted.
(4) Production procedures that prohibit work on multiple
organisms or multiple strains of one organism within the same
biosafety cabinet.
(5) A video surveillance program that uses video monitoring as
a tool to improve laboratory practices in accordance with
regulatory requirements.
(6) Formal, recurring data reviews of production in an effort
to identify data trends and nonconformance issues before such
issues affect end products.
(7) Validated protocols for production processes to ensure that
process deviations are adequately vetted prior to implementation.
(8) Maintenance and calibration procedures and schedules for
all tools, equipment, and irradiators.
(c) Waiver.--In carrying out the program under subsection (a), the
Secretary may waive any of the quality control and quality assurance
measures required under subsection (b) in the interest of national
defense.
(d) Study and Report Required.--
(1) Study.--The Secretary of Defense shall carry out a study to
evaluate--
(A) the feasibility of consolidating covered facilities
within a unified command to minimize risk;
(B) opportunities to partner with industry for the
production of biological select agents and toxins and related
services in lieu of maintaining such capabilities within the
Department of the Army; and
(C) whether operations under the biological select agent
and toxin production program should be transferred to another
government or commercial laboratory that may be better suited
to execute production for non-Department of Defense customers.
(2) Report.--Not later than February 1, 2017, the Secretary
shall submit to the congressional defense committees a report on
the results of the study under paragraph (1).
(e) Comptroller General Review.--Not later than September 1, 2017,
the Comptroller General of the United States shall submit to the
congressional defense committees a report that includes the following:
(1) A review of--
(A) the actions taken by the Department of Defense to
address the findings and recommendations of the report of the
Department of the Army titled ``Individual and Institutional
Accountability for the Shipment of Viable Bacillus Anthracis
from Dugway Proving Grounds'', dated December 15, 2015,
including any actions taken to address the culture of
complacency in the biological select agent and toxin production
program identified in such report; and
(B) the progress of the Secretary in carrying out the
program under subsection (a).
(2) An analysis of the study and report under subsection (d).
(f) Definitions.--In this section:
(1) The term ``biological select agent and toxin'' means any
agent or toxin identified under--
(A) section 331.3 of title 7, Code of Federal Regulations;
(B) section 121.3 or section 121.4 of title 9, Code of
Federal Regulations; or
(C) section 73.3 or section 73.4 of title 42, Code of
Federal Regulations.
(2) The term ``covered facility'' means any facility of the
Department of Defense that produces biological select agents and
toxins.
SEC. 219. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR DIRECTED ENERGY WEAPONS.
(a) Designation of Senior Official.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall designate a
senior official already serving within the Department of Defense as
the official with principal responsibility for the development and
demonstration of directed energy weapons for the Department.
(2) Development of strategic plan.--
(A) In general.--The senior official designated under
paragraph (1) shall develop a detailed strategic plan to
develop, mature, and transition directed energy technologies to
acquisition programs of record.
(B) Roadmap.--Such strategic plan shall include a strategic
roadmap for the development and fielding of directed energy
weapons and key enabling capabilities for the Department,
identifying and coordinating efforts across military
departments to achieve overall joint mission effectiveness.
(3) Acceleration of development and fielding of directed energy
weapons capabilities.--
(A) In general.--To the degree practicable, the senior
official designated under paragraph (1) shall use the
flexibility of the policies of the Department in effect on the
day before the date of the enactment of this Act, or any
successor policies, to accelerate the development and fielding
of directed energy capabilities.
(B) Engagement.--The Secretary shall use the flexibility of
the policies of the Department in effect on the day before the
date of the enactment of this Act, or any successor policies,
to ensure engagement with defense and private industries,
research universities, and unaffiliated, nonprofit research
institutions.
(4) Advice for exercises and demonstrations.--The senior
official designated under paragraph (1) shall, to the degree
practicable, provide technical advice and support to entities in
the Department of Defense and the military departments conducting
exercises or demonstrations with the purpose of improving the
capabilities of or operational viability of technical capabilities
supporting directed energy weapons, including supporting military
utility assessments of the relevant cost and benefits of directed
energy weapon systems.
(5) Support for development of requirements.--The senior
official designated under paragraph (1) shall coordinate with the
military departments, Defense Agencies, and the Joint Directed
Energy Transition Office to define requirements for directed energy
capabilities that address the highest priority warfighting
capability gaps of the Department.
(6) Availability of information.--The Secretary of Defense
shall ensure that the senior official designated under paragraph
(1) has access to such information on programs and activities of
the military departments and other defense agencies as the
Secretary considers appropriate to coordinate departmental directed
energy efforts.
(b) Joint Directed Energy Transition Office.--
(1) Redesignation.--The High Energy Laser Joint Technology
Office of the Department of Defense is hereby redesignated as the
``Joint Directed Energy Transition Office'' (in this subsection
referred to as the ``Office''), and shall report to the official
designated under subsection (a)(1).
(2) Additional functions.--In addition to the functions and
duties of the Office in effect on the day before the date of the
enactment of this Act, the Office shall assist the senior official
designated under paragraph (1) of subsection (a) in carrying out
paragraphs (2) through (5) of such subsection.
(3) Funding.--The Secretary may make available such funds to
the Office for basic research, applied research, advanced
technology development, prototyping, studies and analyses, and
organizational support as the Secretary considers appropriate to
support the efficient and effective development of directed energy
systems and technologies and transition of those systems and
technologies into acquisition programs or operational use.
SEC. 220. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND SYSTEM OF
THE ARMY.
(a) In General.--Not later that April 1, 2017, the Secretary of the
Army shall restructure versions of the distributed common ground system
of the Army after Increment 1--
(1) by discontinuing development of new software code,
excluding the configuration and testing of system interfaces to
commercial, open source, and existing Government off the shelf
(GOTS) software, of any component of the system for which there is
commercial, open source, or Government off the shelf software that
is capable of fulfilling at least 80 percent of the system
requirements applicable to such component; and
(2) by conducting a review of the acquisition strategy of the
program to ensure that procurement of commercial software is the
preferred method of meeting program requirements for major system
components.
(b) Limitation.--The Secretary of the Army shall not award any
contract for the development of new component software capability for
the distributed common ground system of the Army if such a capability
is already a commercial item or open source, except for configuration
of capabilities that are incidental to and necessary for the proper
functioning of the system.
(c) Report Required.--
(1) Requirement.--Not later than March 1, 2018, the Under
Secretary of Defense for Acquisition, Technology and Logistics, in
consultation with the Director, Operational Test and Evaluation,
shall submit to the congressional defense committees a report on
the Increment 2 of the distributed common ground system of the
Army.
(2) Elements of report.--The report required by paragraph (1)
shall include, at a minimum, the following:
(A) The overall assessment of the system and each
individual major component of the system.
(B) The status of alignment with the Intelligence Community
Information Technology Enterprise (IC-ITE).
(C) The ease of use of Increment 2 as compared with
Increment 1 for operators in deployed environments.
(D) The extent to which a common, synchronized view of all
system data is globally available to all system users, at all
times.
(E) The level of maturity of the technologies underlying
core system components and application programming interfaces.
(F) The extent to which program operators can move data
seamlessly between different components of the system.
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUNTERING
WEAPONS OF MASS DESTRUCTION SYSTEM CONSTELLATION.
(a) Limitation.--Not more than 50 percent of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2017 for the countering weapons of mass destruction situational
awareness information system commonly known as ``Constellation'' may be
obligated or expended for research, development, or prototyping for
such system until the report required by subsection (b)(4) has been
delivered to the congressional defense committees.
(b) Independent Review and Assessment.--
(1) In general.--The Secretary of Defense shall provide for an
independent review and assessment of the requirements and
implementation for research, development, and prototyping for the
Constellation system prior to a Milestone A decision or other
operational use.
(2) Elements of independent review.--The independent review
provided for under paragraph (1) shall include the following:
(A) A review of the major software components of the system
and an explanation of the requirements of the Department of
Defense with respect to each such component.
(B) A review of the requirements validated in the
Information System Initial Capabilities Document (ISICD) and
capability gaps identified for duplication and redundancy with
other validated information technology requirements and
capability gaps.
(C) Identification of elements and applications of the
system that cannot be implemented using the existing technical
infrastructure and tools of the Department of Defense or the
infrastructure and tools in development.
(D) An overview of a security plan to achieve an accredited
cross-domain solution system, including security milestones and
proposed security architecture to mitigate both insider and
outsider threats.
(E) Identification of the planned categories of end-users
of the system, linked to organizations, mission requirements,
and concept of operations, the expected total number of end-
users, and the associated permissions granted to such users.
(3) Entity conducting independent review and assessment.--The
Secretary shall ensure that--
(A) the independent review and assessment provided for
under paragraph (1) is conducted by a federally funded research
and development center selected (or entered into an arrangement
with) by the Secretary or such other entity as the Secretary
considers appropriate; and
(B) such center or entity provides periodic updates to the
congressional defense committees on such independent review and
assessment prior to the completion of the independent review
and assessment.
(4) Report on independent review and assessment.--The Secretary
shall submit to the congressional defense committees a report
containing--
(A) the findings of the center or entity selected (or
entered into an arrangement with) under paragraph (3)(A) with
respect to the independent review and assessment conducted by
such center or entity pursuant to such paragraph; and
(B) an assessment of the need to continue Constellation
research, development, and prototyping.
SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE
INNOVATION UNIT EXPERIMENTAL.
(a) Limitation.--
(1) Operation and maintenance.--Of the funds specified in
subsection (c)(1), not more than 75 percent may be obligated or
expended until the date on which the Secretary of Defense submits
to the congressional defense committees the report under subsection
(b).
(2) Research, development, test, and evaluation.--Of the funds
specified in subsection (c)(2), not more than 25 percent may be
obligated or expended until the date on which the Secretary submits
to the congressional defense committees the report under subsection
(b).
(b) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report on the Defense Innovation
Unit Experimental. Such report shall include the following:
(1) The charter and mission statement of the Unit.
(2) A description of--
(A) the management and operations of the Unit, including--
(i) the governance structure of the Unit;
(ii) the process for coordinating and deconflicting the
activities of the Unit with similar activities of the Small
Business Innovation Research Program, military departments,
Defense Agencies, and other departments and agencies of the
Federal Government, including activities carried out by In-
Q-Tel, the Defense Advanced Research Projects Agency, and
Department of Defense laboratories;
(iii) the direct staffing requirements of the Unit,
including a description of the desired skills and expertise
of such staff at each location;
(iv) the number of civilian and military personnel
provided by the military departments and Defense Agencies
to support the Unit; and
(v) any planned expansion to new sites, the metrics
used to identify such sites, and an explanation of how such
expansion will provide access to innovations of
nontraditional defense contractors (as such term is defined
in section 2302 of title 10, United States Code) that are
not otherwise accessible; and
(B) policies and practices that will enable the Unit to
best support Department of Defense missions, including--
(i) the metrics used to measure the effectiveness of
the Unit;
(ii) how compliance with Department of Defense or
Federal Government requirements could affect the ability of
nontraditional defense contractors (as such term is defined
in section 2302 of title 10, United States Code) to market
products and obtain funding;
(iii) how to treat intellectual property that has been
developed with little or no government funding;
(iv) detailed justification for the expansion of the
mission of the Unit, including authority to use research
and development agreements, contracts, and merit-based
prize competitions to explore emerging technologies and
additional physical locations;
(v) a description of how existing Department of Defense
agencies, services, entities, and other elements are
authorized to better use streamlined acquisition
procedures, research and development agreements, contracts,
and merit-based prize competitions to explore emerging
technologies, including modification of guidance and
procedures to permit effective and streamlined
implementation of authorities provided by Congress for
rapid execution;
(vi) an account of the successes and failures of
contracts already awarded by the unit;
(vii) recommendations on practices, policies, and
authorities that will permit increased public-private
partnership in financing and funding of research and
technology development efforts; and
(viii) a description of technology transition
strategies to ensure that research and technology programs
funded by the Unit will be effectively and efficiently
transitioned into operational use or acquisition programs,
including a description of the role of Defense laboratories
in such technology transition efforts.
(3) Any other information the Secretary determines to be
appropriate.
(c) Funds Specified.--The funds specified in this subsection are as
follows:
(1) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for operation and
maintenance, Defense-wide, for the Defense Innovation Unit
Experimental.
(2) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for research,
development, test, and evaluation, Defense-wide, for the Defense
Innovation Unit Experimental.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT
SURVEILLANCE TARGET ATTACK RADAR SYSTEM (JSTARS) RECAPITALIZATION
PROGRAM.
(a) In General.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 or any other fiscal year for the Air
Force may be made available for the Air Force's Joint Surveillance
Target Attack Radar System (JSTARS) recapitalization program unless the
contract for engineering and manufacturing development uses a firm
fixed-price contract structure.
(b) National Security Waiver Authority.--The Secretary of Defense
may waive the limitation in subsection (a) if the Secretary determines
that such a waiver is in the national security interests of the United
States.
SEC. 224. ACQUISITION PROGRAM BASELINE AND ANNUAL REPORTS ON
FOLLOW-ON MODERNIZATION PROGRAM FOR F-35 JOINT STRIKE FIGHTER.
(a) Limitation.--The Secretary of Defense may not award any follow-
on modernization development contracts for the F-35 Joint Strike
Fighter until the Secretary has submitted the report required by
subsection (b)(1) in accordance with such subsection.
(b) Acquisition Program Baseline.--
(1) In general.--Not later than March 31, 2017, the Secretary
of Defense shall submit to the congressional defense committees a
report that contains the basic elements of an acquisition program
baseline for Block 4 Modernization.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) Cost estimates for development, production, and
modification.
(B) Projected key schedule dates, including dates for the
completion of--
(i) a capabilities development document;
(ii) an independent cost estimate;
(iii) an initial preliminary design review;
(iv) a development contract award; and
(v) a critical design review.
(C) Technical performance parameters.
(D) Technology readiness levels.
(E) Annual funding profiles for development and
procurement.
(c) Review by Comptroller General of the United States.--Not later
than 60 days after the date on which the report required by subsection
(b)(1) is submitted to the congressional defense committees in
accordance with such subsection, the Comptroller General of the United
States shall--
(1) review such report; and
(2) brief the congressional defense committees on the findings
of the Comptroller General with respect to such review.
(d) Annual Reports by Secretary of Defense.--Not later than one
year after the date on which the Secretary awards a development
contract for follow-on modernization of the F-35 Joint Strike Fighter
and not less frequently than once each year thereafter until March 31,
2023, the Secretary shall submit to the congressional defense
committees a report on the cost, schedule, and performance progress
against the baseline set forth in the report submitted pursuant to
subsection (b)(1).

Subtitle C--Reports and Other Matters

SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELECTRONICS.
(a) Strategy.--The Secretary of Defense shall develop a strategy to
ensure that the Department of Defense has assured access to trusted
microelectronics by not later than September 30, 2019.
(b) Elements.--The strategy under subsection (a) shall include the
following:
(1) Definitions of the various levels of trust required by
classes of Department of Defense systems.
(2) Means of classifying systems of the Department of Defense
based on the level of trust such systems are required to maintain
with respect to microelectronics.
(3) Means by which trust in microelectronics can be assured.
(4) Means to increase the supplier base for assured
microelectronics to ensure multiple supply pathways.
(5) An assessment of the microelectronics needs of the
Department of Defense in future years, including the need for
trusted, radiation-hardened microelectronics.
(6) An assessment of the microelectronic needs of the
Department of Defense that may not be fulfilled by entities outside
the Department of Defense.
(7) The resources required to assure access to trusted
microelectronics, including infrastructure, workforce, and
investments in science and technology.
(8) A research and development strategy to ensure that the
Department of Defense can, to the maximum extent practicable, use
state of the art commercial microelectronics capabilities or their
equivalent, while satisfying the needs for trust.
(9) Recommendations for changes in authorities, regulations,
and practices, including acquisition policies, financial
management, public-private partnership policies, or in any other
relevant areas, that would support the achievement of the goals of
the strategy.
(c) Submission and Updates.--(1) Not later than one year after the
date of the enactment of this Act, the Secretary shall submit to the
congressional defense committees the strategy developed under
subsection (a). The strategy shall be submitted in unclassified form,
but may include a classified annex.
(2) Not later than two years after submitting the strategy under
paragraph (1) and not less frequently than once every two years
thereafter until September 30, 2024, the Secretary shall update the
strategy as the Secretary considers appropriate to support Department
of Defense missions.
(d) Directive Required.--Not later than September 30, 2019, the
Secretary of Defense shall issue a directive for the Department of
Defense describing how Department of Defense entities may access
assured and trusted microelectronics supply chains for Department of
Defense systems.
(e) Report and Certification.--Not later than September 30, 2020,
the Secretary of the Defense shall submit to the congressional defense
committees--
(1) a report on--
(A) the status of the implementation of the strategy
developed under subsection (a);
(B) the actions being taken to achieve full implementation
of such strategy, and a timeline for such implementation; and
(C) the status of the implementation of the directive
required by subsection (d); and
(2) a certification of whether the Department of Defense has an
assured means for accessing a sufficient supply of trusted
microelectronics, as required by the strategy developed under
subsection (a).
(f) Definitions.--In this section:
(1) The term ``assured'' refers, with respect to
microelectronics, to the ability of the Department of Defense to
guarantee availability of microelectronics parts at the necessary
volumes and with the performance characteristics required to meet
the needs of the Department of Defense.
(2) The terms ``trust'' and ``trusted'' refer, with respect to
microelectronics, to the ability of the Department of Defense to
have confidence that the microelectronics function as intended and
are free of exploitable vulnerabilities, either intentionally or
unintentionally designed or inserted as part of the system at any
time during its life cycle.
SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMERCIAL INFORMATION
TECHNOLOGY.
(a) Pilot Program.--The Director of the Defense Information Systems
Agency may carry out a pilot program to evaluate commercially available
information technology tools to better understand the potential impact
of such tools on networks and computing environments of the Department
of Defense.
(b) Activities.--Activities under the pilot program may include the
following:
(1) Prototyping, experimentation, operational demonstration,
military user assessments, and other means of obtaining
quantitative and qualitative feedback on the commercial information
technology products.
(2) Engagement with the commercial information technology
industry to--
(A) forecast military requirements and technology needs;
and
(B) support the development of market strategies and
program requirements before finalizing acquisition decisions
and strategies.
(3) Assessment of novel or innovative commercial technology for
use by the Department of Defense.
(4) Assessment of novel or innovative contracting mechanisms to
speed delivery of capabilities to the Armed Forces.
(5) Solicitation of operational user input to shape future
information technology requirements of the Department of Defense.
(c) Limitation on Availability of Funds.--Of the amounts authorized
to be appropriated for research, development, test, and evaluation,
Defense-wide, for each of fiscal years 2017 through 2022, not more than
$15,000,000 may be expended on the pilot program in any such fiscal
year.
SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF THE RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE DEPARTMENT OF
DEFENSE.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense and the secretaries
of the military departments shall jointly carry out a pilot program
to demonstrate methods for the more effective development of
technology and management of functions at eligible centers.
(2) Eligible centers.--For purposes of the pilot program, the
eligible centers are--
(A) the science and technology reinvention laboratories, as
specified in section 1105(a) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note);
(B) the test and evaluation centers which are activities
specified as part of the Major Range and Test Facility Base in
Department of Defense Directive 3200.11; and
(C) the Defense Advanced Research Projects Agency.
(b) Selection.--
(1) In general.--The secretaries described in subsection (a)
shall ensure that participation in the pilot program includes--
(A) the Defense Advanced Research Projects Agency; and
(B) in accordance with paragraph (2)--
(i) five additional eligible centers described in
subparagraph (A) of subsection (a)(2) from each of the
military departments; and
(ii) five additional eligible centers described in
subparagraph (B) of such subsection from each of the
military departments.
(2) Selection procedures.--(A) The head of an eligible center
described in subparagraph (A) or (B) of subsection (a)(2) seeking
to participate in the pilot program shall submit to the appropriate
reviewer an application therefor at such time, in such manner, and
containing such information as the appropriate reviewer shall
specify.
(B) Not later than 120 days after the date of the enactment of
this Act, each appropriate reviewer shall--
(i) evaluate each application received under subparagraph
(A); and
(ii) approve or disapprove of the application.
(C) If the head of an eligible center submits an application
under subparagraph (A) in accordance with the requirements
specified by the appropriate reviewer for purposes of such
subparagraph and the appropriate reviewer neither approves nor
disapproves such application pursuant to subparagraph (B)(ii) on or
before the date that is 120 days after the date of the enactment of
this Act, such eligible center shall be considered a participant in
the pilot program.
(D) For purposes of this paragraph, the appropriate reviewer
is--
(i) in the case of an eligible center described in
subparagraph (A) of subsection (a)(2), the Laboratory Quality
Enhancement Program; and
(ii) in the case of an eligible center described in
subparagraph (B) of such subsection, the Director of the Test
Resource Management Center.
(c) Participation in Program.--
(1) In general.--Subject to paragraph (2), the head of each
eligible center selected under subsection (b)(1) shall propose and
implement alternative and innovative methods of effective
management and operations of eligible centers, rapid project
delivery, support, experimentation, prototyping, and partnership
with universities and private sector entities to--
(A) generate greater value and efficiencies in research and
development activities;
(B) enable more efficient and effective operations of
supporting activities, such as--
(i) facility management, construction, and repair;
(ii) business operations;
(iii) personnel management policies and practices; and
(iv) intramural and public outreach; and
(C) enable more rapid deployment of warfighter
capabilities.
(2) Implementation.--(A) The head of an eligible center
described in subparagraph (A) or (B) of subsection (a)(2) shall
implement each method proposed under paragraph (1) unless such
method is disapproved in writing by the Assistant Secretary
concerned within 60 days of receiving a proposal from an eligible
center selected under subsection (b)(1) by such Assistant
Secretary.
(B) The Director of the Defense Advanced Research Projects
Agency shall implement each method proposed under paragraph (1)
unless such method is disapproved in writing by the Chief
Management Officer within 60 days of receiving a proposal from the
Director.
(C) In this paragraph, the term ``Assistant Secretary
concerned'' means--
(i) the Assistant Secretary of the Air Force for
Acquisition, with respect to matters concerning the Air Force;
(ii) the Assistant Secretary of the Army for Acquisition,
Technology, and Logistics, with respect to matters concerning
the Army; and
(iii) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters
concerning the Navy.
(d) Waiver Authority for Demonstration and Implementation.--Until
the termination of the pilot program under subsection (e), the head of
an eligible center selected under subsection (b)(1) may waive any
regulation, restriction, requirement, guidance, policy, procedure, or
departmental instruction that would affect the implementation of a
method proposed under subsection (c)(1), unless such implementation
would be prohibited by a provision of a Federal statute or common law.
(e) Termination.--The pilot program shall terminate on September
30, 2022.
(f) Report.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the pilot program.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) Identification of the eligible centers participating in
the pilot program.
(B) Identification of the eligible centers whose
applications to participate in the pilot program were
disapproved under subsection (b), including justifications for
such disapprovals.
(C) A description of the methods implemented pursuant to
subsection (c).
(D) A description of the methods that were proposed
pursuant to paragraph (1) of subsection (c) but disapproved
under paragraph (2) of such subsection.
(E) An assessment of how methods implemented pursuant to
subsection (c) have contributed to the objectives identified in
subparagraphs (A), (B), and (C) of paragraph (1) of such
subsection.
SEC. 234. PILOT PROGRAM ON MODERNIZATION AND FIELDING OF
ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND ELECTRONIC WARFARE
CAPABILITIES.
(a) Pilot Program.--
(1) In general.--The Secretary of Defense may carry out a pilot
program on the modernization and fielding of electromagnetic
spectrum warfare systems and electronic warfare systems.
(2) Selection.--If the Secretary carries out the pilot program
under paragraph (1), the Electronic Warfare Executive Committee
shall select from the list described in section 240(b)(4) a total
of 10 electromagnetic spectrum warfare systems and electronic
warfare systems across at least two military departments for
modernization and fielding under the pilot program.
(b) Termination.--The pilot program authorized by subsection (a)
shall terminate on September 30, 2023.
(c) Funding.--For the purposes of this pilot program, funds
authorized to be appropriated for electromagnetic spectrum warfare and
electronic warfare may be used for the development and fielding of
electromagnetic spectrum warfare systems and electronic warfare
capabilities.
(d) Definitions.--In this section:
(1) The term ``electromagnetic spectrum warfare'' means
electronic warfare that encompasses military communications and
sensing operations that occur in the electromagnetic operational
domain.
(2) The term ``electronic warfare'' means military action
involving the use of electromagnetic and directed energy to control
the electromagnetic spectrum or to attack the enemy.
SEC. 235. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE
INFORMATION TO FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense shall carry out a pilot
program on--
(1) permitting officers and employees of the Department of
Defense to disclose sensitive information to federally funded
research and development centers of the Department for the sole
purpose of the performance of administrative, technical, or
professional services under and within the scope of the contracts
with the parent organizations of such federally funded research and
development centers; and
(2) appropriately protecting proprietary information from
unauthorized disclosure or use by such centers.
(b) FFRDCs.--The pilot program shall be carried out with one or
more federally funded research and development centers of the
Department selected by the Secretary for participation in the pilot
program.
(c) FFRDC Personnel.--Sensitive information may be disclosed to
personnel of a federally funded research and development center under
the pilot program only if such personnel and contractors agree to be
subject to, and comply with, appropriate ethics standards and
requirements applicable to Government personnel, including the Ethics
in Government Act of 1978, section 1905 of title 18, United States
Code, and chapter 21 of title 41, United States Code.
(d) Conditions on Disclosure.--Sensitive information may be
disclosed under the pilot program only if the federally funded research
and development center concerned and its parent organization agree to
and acknowledge in the parent organization's contract with the
Department of Defense that--
(1) sensitive information furnished to the federally funded
research and development center will be accessed and used only for
the purposes stated in the contract between the parent organization
of the federally funded research and development center and the
Department of Defense;
(2) the federally funded research and development center will
take all precautions necessary to prevent disclosure of the
sensitive information furnished to anyone not authorized access to
the information in order to perform the applicable contract;
(3) sensitive information furnished under the pilot program
shall not be used by the federally funded research and development
center or parent organization to compete against a third party for
a Government or non-Government contract or funding, or to support
other current or future research or technology development
activities performed by the federally funded research and
development center; and
(4) any personnel of a federally funded research and
development center participating in the pilot program may not
disclose or use any trade secrets or any nonpublic information
accessed under the pilot program, unless specifically authorized by
this section.
(e) Duration.--(1) The pilot program may commence at any time after
the review and issuance of policy guidance, updated appropriately,
pertaining to the identification, mitigation, and prevention of
potentially unfair competitive advantage conferred to federally funded
research and development center personnel with access to sensitive
information who serve as technical advisors to acquisition programs.
(2) The pilot program shall terminate on the date that is three
years after the date of the commencement of the pilot program.
(f) Assessment.--Not later than two years after the commencement of
the pilot program, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot program, including an
assessment of the effectiveness of activities under the pilot program
in improving acquisition processes and the effectiveness of protections
of private-sector intellectual property in the course of such
activities.
(g) Sensitive Information Defined.--In this section, the term
``sensitive information'' means confidential commercial, financial, or
proprietary information, technical data, contract performance, contract
performance evaluation, management, and administration data, or other
privileged information owned by other contractors of the Department of
Defense that is exempt from public disclosure under section 552(b)(4)
of title 5, United States Code, or which would otherwise be prohibited
from disclosure under section 1832 or 1905 of title 18, United States
Code.
SEC. 236. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN THE DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY AND THE SERVICE ACADEMIES.
(a) In General.--The Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, shall carry
out a pilot program to enhance interaction between the Defense Advanced
Research Projects Agency and the service academies to promote
technology transition, education, and training in science, technology,
engineering, and mathematics fields that are relevant to the Department
of Defense.
(b) Awards of Funds.--(1) In carrying out the pilot program, the
Secretary, acting through the Director, shall provide funds to
contractors and grantees of the Defense Advanced Research Projects
Agency in order to encourage such contractors and grantees to develop
research partnerships with the service academies to support more
efficient and effective technology transition of research programs and
products.
(2) It shall be the responsibility of the Director to ensure that
such funds are used effectively and that sufficient efforts are made to
build appropriate partnerships.
(c) Service Academy Technology Transition Networks.--In carrying
out the pilot program, the Director shall prioritize the leveraging
of--
(1) the technology transition networks that service academies
maintain among their academic departments and resident research
centers; and
(2) partnerships with Department of Defense laboratories, other
Federal degree granting institutions, academia, and industry.
(d) Termination.--The authority to carry out the pilot program
shall terminate on September 30, 2020.
(e) Service Academies Defined.--In this section, the term ``service
academies'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) Th United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 237. INDEPENDENT REVIEW OF F/A-18 PHYSIOLOGICAL EPISODES AND
CORRECTIVE ACTIONS.
(a) Independent Review Required.--The Secretary of the Navy shall
conduct an independent review of the plans, programs, and research of
the Department of the Navy with respect to--
(1) physiological events affecting aircrew of the F/A-18 Hornet
and the F/A-18 Super Hornet aircraft during the covered period; and
(2) the efforts of the Navy and Marine Corps to prevent and
mitigate the affects of such physiological events.
(b) Conduct of Review.--In conducting the review under subsection
(a), the Secretary of the Navy shall--
(1) designate an appropriate senior official in the Office of
the Secretary of the Navy to oversee the review; and
(2) consult experts from outside the Department of Defense in
appropriate technical and medical fields.
(c) Review Elements.--The review under subsection (a) shall include
an evaluation of--
(1) any data of the Department of the Navy relating to the
increased frequency of physiological events affecting aircrew of
the F/A-18 Hornet and the F/A-18 Super Hornet aircraft during the
covered period;
(2) aircraft mishaps potentially related to such physiological
events;
(3) the cost and effectiveness of all material, operational,
maintenance, and other measures carried out by the Department of
the Navy to mitigate such physiological events during the covered
period;
(4) material, operational, maintenance, or other measures that
may reduce the rate of such physiological events in the future; and
(5) the performance of--
(A) the onboard oxygen generation system in the F/A-18
Super Hornet;
(B) the overall environmental control system in the F/A-18
Hornet and F/A-18 Super Hornet; and
(C) other relevant subsystems of the F/A-18 Hornet and F/A-
18 Super Hornet, as determined by the Secretary.
(d) Report Required.--Not later than December 1, 2017, the
Secretary of Navy shall submit to the congressional defense committees
a report that includes the results of the review under subsection (a).
(e) Covered Period.--In this section, the term ``covered period''
means the period beginning on January 1, 2009, and ending on the date
of the submission of the report under subsection (d).
SEC. 238. B-21 BOMBER DEVELOPMENT PROGRAM ACCOUNTABILITY MATRICES.
(a) Submittal of Matrices.--Concurrent with the President's annual
budget request submitted to Congress under section 1105 of title 31,
United States Code, for fiscal year 2018, the Secretary of the Air
Forces shall submit to the congressional defense committees and the
Comptroller General of the United States the matrices described in
subsection (b) relating to the B-21 bomber aircraft program.
(b) Matrices Described.--The matrices described in this subsection
are the following:
(1) EMD goals.--A matrix that identifies, in six month
increments, key milestones, development events, and specific
performance goals for the EMD phase of the B-21 bomber aircraft
program, which shall be subdivided, at a minimum, according to the
following:
(A) Technology readiness levels of major components and key
demonstration events.
(B) Design maturity.
(C) Software maturity.
(D) Manufacturing readiness levels for critical
manufacturing operations and key demonstration events.
(E) Manufacturing operations.
(F) System verification and key flight test events.
(G) Reliability.
(2) Cost.--A matrix expressing, in six month increments, the
total cost for the Air Force service cost position for the EMD
phase and low initial rate of production lots of the B-21 bomber
aircraft and a matrix expressing the total cost for the prime
contractor's estimate for such EMD phase and production lots, both
of which shall be phased over the entire EMD period and subdivided
according to the costs of the following:
(A) Air vehicle.
(B) Propulsion.
(C) Mission systems.
(D) Vehicle subsystems.
(E) Air vehicle software.
(F) Systems engineering.
(G) Program management.
(H) System test and evaluation.
(I) Support and training systems.
(J) Contract fee.
(K) Engineering changes.
(L) Direct mission support, including Congressional General
Reductions.
(M) Government testing.
(c) Semiannual Update of Matrices.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of the Air Force submits the matrices required
by subsection (a), concurrent with the submittal of each annual
budget request to Congress under section 1105 of title 31, United
States Code, thereafter, and not later than 180 days after each
such submittal, the Secretary of the Air Force shall submit to the
congressional defense committees and the Comptroller General of the
United States updates to the matrices described in subsection (b).
(2) Elements.--Each update submitted under paragraph (1) shall
detail progress made toward the goals identified in the matrix
described in subsection (b)(1) and provide updated cost estimates.
(3) Treatment of initial matrices as baseline.--The matrices
submitted pursuant to subsection (a) shall be treated as the
baseline for the full EMD phase and low rate initial production of
the B-21 bomber aircraft program for purposes of the updates
submitted pursuant to paragraph (1) of this subsection.
(d) Assessment by Comptroller General of the United States.--Not
later than the date that is 45 days after the date on which the
Comptroller General of the United States receives an update to a matrix
under subsection (d)(1), the Comptroller General shall review the
sufficiency of such matrix and submit to the congressional defense
committees an assessment of such matrix, including by identifying cost,
schedule, or performance trends.
SEC. 239. STUDY ON HELICOPTER CRASH PREVENTION AND MITIGATION
TECHNOLOGY.
(a) Study Required.--The Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct a study on technologies with the potential to prevent and
mitigate helicopter crashes.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) Identification of technologies with the potential--
(A) to prevent helicopter crashes (such as collision
avoidance technologies and battle space and terrain situational
awareness technologies); and
(B) to improve survivability among individuals involved in
such crashes (such as adaptive flight control technologies and
improved energy absorbing technologies).
(2) A cost-benefit analysis of each technology identified under
paragraph (1) that takes into account the cost of developing and
deploying the technology compared to the potential of the
technology to prevent casualties or injuries.
(3) A list that ranks the technologies identified under
paragraph (1) based on--
(A) the results of the cost-benefit analysis under
paragraph (2); and
(B) the readiness level of each technology.
(4) An analysis of helicopter crashes that--
(A) compares the casualty rates of cockpit occupants to the
casualty rates of occupants of cargo compartments and troop
seats; and
(B) identifies the root causes of the casualties described
in subparagraph (A).
(c) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees on
Armed Services of the Senate and the House of Representatives (and the
other congressional defense committees on request) a briefing that
includes--
(1) the results of the study required under subsection (a); and
(2) the list described in subsection (b)(3).
SEC. 240. STRATEGY FOR IMPROVING ELECTRONIC AND ELECTROMAGNETIC
SPECTRUM WARFARE CAPABILITIES.
(a) Strategy Required.--Not later than April 1, 2017, the Under
Secretary of Defense for Acquisition, Technology and Logistics, acting
through the Electronic Warfare Executive Committee, shall submit to the
congressional defense committees a strategy on the electronic and
electromagnetic spectrum warfare capabilities of the Department of
Defense.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) A strategy for advancing and accelerating research,
development, test, and evaluation, and fielding, of electronic
warfare capabilities to meet current and projected requirements,
including intra-service ground and air interoperabilities, as well
as recommendations for streamlining acquisition processes with
respect to such capabilities.
(2) A methodology for synchronizing and overseeing electronic
warfare strategies, operational concepts, and programs across the
Department of Defense, including electronic warfare programs that
support or enable cyber operations.
(3) A description of the training and operational support
required for fielding and sustaining current and planned
investments in electronic warfare capabilities, including the
requirements for conducting large-scale simulated exercises and
training in contested electronic warfare environments.
(4) A comprehensive list of investments of the Department of
Defense in electronic warfare capabilities, including the
capabilities to be developed, procured, or sustained in--
(A) the budget of the President for fiscal year 2018
submitted to Congress under section 1105(a) of title 31, United
States Code; and
(B) the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for that
fiscal year.
(5) A description of the threat environment for electromagnetic
spectrum for current and future warfare needs.
(6) An assessment of progress on increasing interoperability
between Services and Agencies, as well as increasing application of
innovative electromagnetic spectrum warfighting methods and
operational concepts that provide advantages within the
electromagnetic spectrum operational domain.
(7) Specific attributes needed in future electronic and
electromagnetic spectrum warfare capabilities, such as networking,
adaptability, agility, multifunctionality, and miniaturization, and
progress toward incorporating such attributes in new electronic
warfare systems.
(8) Capability gaps with respect to asymmetric and near-peer
adversaries identified pursuant to a capability gap assessment.
(9) A joint strategy on achieving near real-time system
adaption to rapidly advancing modern digital electronics.
(10) Any other information the Secretary determines to be
appropriate.
(c) Form.--The strategy required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Electronic Warfare Executive Committee Defined.--In this
section the term ``Electronic Warfare Executive Committee'' means the
committee established on March 17, 2015, and chartered on August 11,
2015, by the Deputy Secretary of Defense to serve as the principal
forum within the Department of Defense to inform, coordinate, and
evaluate electronic warfare matters to maintain a strong technological
advantage in United States capabilities.
SEC. 241. SENSE OF CONGRESS ON DEVELOPMENT AND FIELDING OF FIFTH
GENERATION AIRBORNE SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The term ``fifth generation'', with respect to airborne
systems, means those airborne systems capable of operating
effectively in highly contested battle spaces defined by the most
capable currently fielded threats, and those reasonably expected to
be operational in the foreseeable future.
(2) Continued modernization of Department of Defense airborne
systems such as fighters, bombers, and intelligence, surveillance,
and reconnaissance (ISR) aircraft with fifth generation
capabilities is required because--
(A) adversary integrated air defense systems (IADS) have
created regions where fourth generation airborne systems may be
limited in their ability to effectively operate;
(B) adversary aircraft, air-to-air missiles, and airborne
electronic attack or electronic protection systems are
advancing beyond the capabilities of fourth generation airborne
systems; and
(C) fifth generation airborne systems provide a wider
variety of options for a given warfighting challenge, preserve
the technological advantage of the United States over near-peer
threats, and serve as a force multiplier by increasing
situational awareness and combat effectiveness of fourth
generation airborne systems.
(b) Sense of Congress.--It is the sense of Congress that
development and fielding of fifth generation airborne system systems
should include the following:
(1) Multispectral (radar, infrared, visual, emissions) low
observable (LO) design features, self-protection jamming, and other
capabilities that significantly delay or deny threat system
detection, tracking, and engagement.
(2) Integrated avionics that autonomously fuse and prioritize
onboard multispectral sensors and offboard information data to
provide an accurate realtime operating picture and data download
for postmission exploitation and analysis.
(3) Resilient communications, navigation, and identification
techniques designed to effectively counter adversary attempts to
deny or confuse friendly systems.
(4) Robust and secure networks linking individual platforms to
create a common, accurate, and highly integrated picture of the
battle space for friendly forces.
(5) Advanced onboard diagnostics capable of monitoring system
health, accurately reporting system faults, and increasing overall
system performance and reliability.
(6) Integrated platform and subsystem designs to maximize
lethality and survivability while enabling decision superiority.
(7) Maximum consideration for the fielding of unmanned
platforms either employed in concert with fifth generation manned
platforms or as standalone unmanned platforms, to increase
warfighting effectiveness and reduce risk to personnel during high
risk missions.
(8) Advanced air-to-air, air-to-ground, and other weapons able
to leverage fifth generation capabilities.
(9) Comprehensive and high-fidelity live, virtual, and
constructive training systems, updated range infrastructure, and
sufficient threat-representative adversary training assets to
maximize fifth generation force proficiency, effectiveness, and
readiness while protecting sensitive capabilities.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B--Energy and Environment

Subtitle C--Logistics and Sustainment

Subtitle D--Reports

Subtitle E--Other Matters

Subtitle A--Authorization of Appropriations

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.

Subtitle B--Energy and Environment

SEC. 311. MODIFIED REPORTING REQUIREMENT RELATED TO INSTALLATIONS
ENERGY MANAGEMENT.
Subsection (a) of section 2925 of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``, Resiliency, and
Mission Assurance'' after ``Annual Report Related to Installations
Energy Management'';
(2) by striking paragraphs (2), (3), (4), (5), (6), (7), (8),
and (10);
(3) by redesignating paragraphs (9) and (11) as paragraphs (3),
and (4), respectively; and
(4) by inserting after paragraph (1), the following:
``(2) A description of the energy savings, return on
investment, and enhancements to installation mission assurance
realized by the fulfillment of the goals described in paragraph
(1).''.
SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCUREMENT
REQUIREMENT.
(a) In General.--The Secretary of Defense may waive the requirement
under section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17142) if the Secretary determines it is
in the national security interest of the United States.
(b) Notification Requirement.--The Secretary of Defense shall
notify the congressional defense committees not later than 15 days
after exercising the waiver authority under subsection (a).
SEC. 313. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES.
(a) Pilot Program.--The Secretary of Defense, in consultation with
the Secretary of Energy, may carry out a pilot program to investigate
the use of utility data management services to perform utility bill
aggregation, analysis, third-party payment, storage, and distribution
for the Department of Defense.
(b) Use of Funds.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for operation
and maintenance, Navy, for enterprise information, not more than
$250,000 may be obligated or expended to carry out the pilot program
under subsection (a).
SEC. 314. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL.
In carrying out the disposal of munitions in the stockpile of
conventional munitions awaiting demilitarization and disposal, the
Secretary of the Army may use cost-competitive technologies that
minimize waste generation and air emissions as alternatives to disposal
by open burning, open detonation, direct contact combustion, and
incineration.
SEC. 315. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS AT MILITARY
INSTALLATIONS.
(a) Report.--
(1) Report required.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in conjunction with the
assistant secretaries responsible for installations and environment
for the military services and the Defense Logistics Agency, shall
submit to the congressional defense committees a report detailing
the efforts to achieve cost savings at military installations with
high levels of energy intensity.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A comprehensive, installation-specific assessment of
feasible and mission-appropriate energy initiatives supporting
energy production and consumption at military installations
with high levels of energy intensity.
(B) An assessment of current sources of energy in areas
with high energy costs and potential future sources that are
technologically feasible, cost-effective, and mission-
appropriate for military installations.
(C) A comprehensive implementation strategy to include
required investment for feasible energy efficiency options
determined to be the most beneficial and cost-effective, where
appropriate, and consistent with Department of Defense
priorities.
(D) An explanation of how military services are working
collaboratively in order to leverage lessons learned on
potential energy efficiency solutions.
(E) An assessment of the extent to which activities
administered under the Federal Energy Management Program could
be used to assist with the implementation strategy.
(F) An assessment of State and local partnership
opportunities that could achieve efficiency and cost savings,
and any legislative authorities required to carry out such
partnerships or agreements.
(3) Coordination with state and local and other entities.--In
preparing the report required under paragraph (1), the Under
Secretary may work in conjunction and coordinate with the States
containing areas of high levels of energy intensity, local
communities, and other Federal departments and agencies.
(b) Definitions.--In this section, the term ``high levels of energy
intensity'' means costs for the provision of energy by kilowatt of
electricity or British thermal unit of heat or steam for a military
installation in the United States that is in the highest 20 percent of
all military installations for a military department.
SEC. 316. SENSE OF CONGRESS ON FUNDING DECISIONS RELATING TO
CLIMATE CHANGE.
It is the sense of Congress that--
(1) decisions relating to the funding of the Department of
Defense for fiscal year 2017 should prioritize the support and
enhancement of the combat capabilities of the Department, in
addition to seeking efficiency and efficacy;
(2) funds should be allocated among the programs of the
Department in the manner that best serves the national security
interests of the United States; and
(3) decisions relating to energy efficiency, energy use, and
climate change should adhere to the principles described in
paragraphs (1) and (2).

Subtitle C--Logistics and Sustainment

SEC. 321. REVISION OF DEPLOYABILITY RATING SYSTEM AND PLANNING
REFORM.
(a) Deployment Prioritization and Readiness.--
(1) In general.--Chapter 1003 of title 10, United States Code,
is amended by inserting after section 10102 the following new
section:
``Sec. 10102a. Deployment prioritization and readiness of Army
components
``(a) Deployment Prioritization.--The Secretary of the Army shall
maintain a system for identifying the priority of deployment for units
of all components of the Army.
``(b) Deployability Readiness Rating.--The Secretary of the Army
shall maintain a readiness rating system for units of all components of
the Army that provides an accurate assessment of the deployability of a
unit and those shortfalls of a unit that require the provision of
additional resources. The system shall ensure--
``(1) that the personnel readiness rating of a unit reflects--
``(A) both the percentage of the overall personnel
requirement of the unit that is manned and deployable and the
fill and deployability rate for critical occupational
specialties necessary for the unit to carry out its basic
mission requirements; and
``(B) the number of personnel in the unit who are qualified
in their primary military occupational specialty; and
``(2) that the equipment readiness assessment of a unit--
``(A) documents all equipment required for deployment;
``(B) reflects only that equipment that is directly
possessed by the unit;
``(C) specifies the effect of substitute items; and
``(D) assesses the effect of missing components and sets on
the readiness of major equipment items.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 1003 of such title is amended by inserting after the
item relating to section 10102 the following new item:

``10102a. Deployment prioritization and readiness of Army components.''.

(b) Repeal of Superseded Provisions of Law.--Sections 1121 and 1135
of the Army National Guard Combat Readiness Reform Act of 1992 (title
XI of Public Law 102-484; 10 U.S.C. 10105 note) are repealed.
SEC. 322. REVISION OF GUIDANCE RELATING TO CORROSION CONTROL AND
PREVENTION EXECUTIVES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in coordination with the Director of
Corrosion Policy and Oversight for the Department of Defense, shall
revise guidance relating to corrosion control and prevention executives
to--
(1) clarify the role of each such executive with respect to
assisting the Office of Corrosion Policy and Oversight in holding
the appropriate project management office in each military
department accountable for submitting the annual report required
under section 903(b)(5) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2228 note); and
(2) ensure that corrosion control and prevention executives
emphasize the reduction of corrosion and the effects of corrosion
on the military equipment and infrastructure of the Department of
Defense, as required in the long-term strategy of the Department of
Defense under section 2228(d) of title 10, United States Code.
(b) Corrosion Control and Prevention Executive Defined.--In this
section, the term ``corrosion control and prevention executive'' means
the employee of a military department designated as the corrosion
control and prevention executive of the department under section 903(a)
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 10 U.S.C. 2228 note).
SEC. 323. PILOT PROGRAM FOR INCLUSION OF CERTAIN INDUSTRIAL PLANTS
IN THE ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE.
During the five-year period beginning on the date of the enactment
of this Act, the Secretary of Defense may treat a Government-owned,
contractor-operated industrial plant of the Department of Defense as an
eligible facility under section 4551(2) of title 10, United States
Code.
SEC. 324. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY DOCKS
AT NAVAL SHIPYARDS.
(a) Special Authority to Transfer Authorizations.--In addition to
the authority to transfer funds provided under section 1001, the
Secretary of Defense may transfer not more than $250,000,000 of
authorizations made available to the Department of Defense in this Act
for fiscal year 2017 to the Department of the Navy for the repair,
recapitalization, and certification of dry docks at Government-owned,
Government-operated shipyards of the Navy.
(b) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
(c) Terms and Conditions.--
(1) In general.--Except as provided in paragraph (2), transfers
under this section shall be subject to the same terms and
conditions as transfers under section 1001.
(2) Effect on dollar limit.--A transfer of funds under this
section shall not be counted toward the dollar limitation described
in section 1001(a)(2).
SEC. 325. PRIVATE SECTOR PORT LOADING ASSESSMENT.
(a) Assessments Required.--During the period beginning on the date
of the enactment of this Act and ending on the date of the final
briefing under subsection (c), the Secretary of the Navy shall conduct
quarterly assessments of naval ship maintenance and loading activities
carried out by private sector entities at each covered port.
(b) Elements of Assessments.--Each assessment under subsection (a)
shall include, with respect to each covered port, the following:
(1) Resources per day, including daily ship availabilities and
the workforce available to carry out maintenance and loading
activities, for the fiscal year preceding the quarter covered by
the assessment through the end of such quarter.
(2) Projected resources per day, including daily ship
availabilities and the workforce available to carry out maintenance
and loading activities, through the end of the second fiscal year
beginning after the quarter covered by the assessment.
(3) A description of the methods by which the Secretary
communicates projected workloads to private sector entities engaged
in ship maintenance activities and ship loading activities.
(4) A description of any processes that have been implemented
to allow for timely feedback from private sector entities engaged
in ship maintenance activities and ship loading activities.
(c) Briefings Required.--Not later than 30 days after the date of
the enactment of this Act, and on a quarterly basis thereafter until
September 30, 2021, the Secretary shall provide to the Committees on
Armed Services of the Senate and House of Representatives (and other
congressional defense committees on request)--
(1) a briefing on the results of the assessments conducted
under subsection (a); and
(2) a chart depicting the information described in paragraphs
(1) and (2) of subsection (b) with respect to each covered port.
(d) Covered Ports.--In this section, the term ``covered ports''
means port facilities used by the Department of Defense in each of the
following locations:
(1) Mayport, Florida.
(2) Norfolk, Virginia.
(3) Pearl Harbor, Hawaii.
(4) Puget Sound, Washington.
(5) San Diego, California.
SEC. 326. STRATEGY ON REVITALIZING ARMY ORGANIC INDUSTRIAL BASE.
(a) Strategy.--Not later than October 1, 2017, the Secretary of
Army shall submit to the congressional defense committees a strategy to
revitalize the organic industrial base of the Army.
(b) Elements.--The strategy under subsection (a) shall include,
with respect to the organic industrial base of the Army, the following:
(1) A plan to ensure the long-term viability of the organic
industrial base.
(2) An assessment of legacy items of the Army that are
sustained by the Defense Logistics Agency.
(3) A description of how the organic industrial base may be
used to address diminishing manufacturing sources and material
shortages.
(4) A description of critical capabilities that are required
across the organic industrial base.
(5) An assessment of infrastructure across the organic
industrial base.
(6) An assessment of manufacturing sources in the organic
industrial base and the private sector.
(7) An explanation of how contracting may be used to meet
organic industrial base requirements.
(8) An assessment of current and future workloads across the
organic industrial base.
(9) An assessment of the processes used to identify critical
capabilities for the organic industrial base and the methods used
to determine workloads.
(10) An assessment of existing labor rates.
(11) A description of manufacturing skills that are needed to
sustain readiness.
(12) A description of how public-private partnerships may be
used to improve the organic industrial base.
(13) A description of how working capital funds may be used to
improve the organic industrial base.
(14) An assessment of operating expenses and the potential for
reducing or recovering such expenses.
(15) Identification of the tooling, equipment, and facilities
upgrades necessary for a facility in the organic industrial base to
manufacture the legacy items of the Defense Logistics Agency,
including items described in section 333(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 792).
(16) An assessment of the suitability of manufacturing the
legacy items of the Defense Logistics Agency in a facility in the
organic industrial base.
(c) Definitions.--In this section:
(1) Legacy items.--The term ``legacy items'' means manufactured
items that are no longer produced by the private sector but
continue to be used for weapons systems of the Department of
Defense, but does not include information systems and information
technology (as those terms are defined in section 11101 of title
40, United States Code).
(2) Organic industrial base.--The term ``organic industrial
base'' means United States military facilities, including arsenals,
depots, munition plants and centers, and storage sites, that
advance a vital national security interest by producing,
maintaining, repairing, and storing materiel, munitions, and
hardware.

Subtitle D--Reports

SEC. 331. MODIFICATIONS TO QUARTERLY READINESS REPORT TO CONGRESS.
(a) Deadline for Report.--Subsection (a) of section 482 of title
10, United States Code, is amended by striking ``Not later than 45 days
after the end of each calendar-year quarter'' and inserting ``Not later
than 30 days after the end of each calendar-year quarter''.
(b) Elimination of Reporting Requirements Related to Prepositioned
Stocks and National Guard Civil Support Mission Readiness.--Such
section is further amended--
(1) in subsection (a), by striking ``subsections (b), (d), (e),
(f), (g), (h), and (i)'' and inserting ``subsections (b), (d), (e),
(f), and (g)'';
(2) by striking subsections (d) and (e); and
(3) by redesignating subsections (f), (g), (h), (i), and (j) as
subsections (d), (e), (f), (g), and (i) respectively.
(c) Inclusion of Information on Cannibalization Rates.--Such
section, as amended by subsection (b), is further amended by inserting
after subsection (g), as redesignated by paragraph (3) of such
subsection (b), the following new subsection:
``(h) Cannibalization Rates.--Each report under this section shall
include a separate unclassified report containing the information
collected pursuant to section 117(c)(7) of this title.''.
SEC. 332. REPORT ON AVERAGE TRAVEL COSTS OF MEMBERS OF THE RESERVE
COMPONENTS.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
congressional defense committees a report on the travel expenses of
members of reserve components associated with performing active duty
service, active service, full-time National Guard duty, active Guard
and Reserve duty, and inactive-duty training, as such terms are defined
in section 101(d) of title 10, United States Code. Such report shall
include the average annual cost for all travel expenses for a member of
a reserve component.
SEC. 333. REPORT ON HH-60G SUSTAINMENT AND COMBAT RESCUE HELICOPTER
PROGRAM.
(a) Report on Sustainment Plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that sets forth
a plan to modernize, sustain training, and conduct depot-level
maintenance and repair for all components of the HH-60 helicopter fleet
until total force combat rescue units have been fully equipped with HH-
60W Combat Rescue Helicopters.
(b) Elements.--The report required by subsection (a) shall include
a description of the plans of the Air Force--
(1) to modernize legacy HH-60G combat rescue helicopters;
(2) to maintain the training pipeline for the HH-60G aircrew
and the maintenance force required to maintain full readiness
through the end of fiscal year 2029; and
(3) to carry out depot-level maintenance and repair (as that
term is defined in section 2460 of title 10, United States Code) to
ensure the legacy HH-60G fleet of helicopters is maintained to meet
readiness rates through the end of fiscal year 2029.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.

Subtitle E--Other Matters

SEC. 341. AIR NAVIGATION MATTERS.
(a) Expansion of Definition of Structures Interfering With Air
Commerce and National Defense.--
(1) Notice.--Section 44718(a) of title 49, United States Code,
is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) the interests of national security, as determined by the
Secretary of Defense.''.
(2) Studies.--Section 44718(b) of title 49, United States Code,
is amended to read as follows:
``(b) Studies.--
``(1) In general.--Under regulations prescribed by the
Secretary, if the Secretary decides that constructing or altering a
structure may result in an obstruction of the navigable airspace,
an interference with air navigation facilities and equipment or the
navigable airspace, or, after consultation with the Secretary of
Defense, an adverse impact on military operations and readiness,
the Secretary of Transportation shall conduct an aeronautical study
to decide the extent of any adverse impact on the safe and
efficient use of the airspace, facilities, or equipment. In
conducting the study, the Secretary shall--
``(A) consider factors relevant to the efficient and
effective use of the navigable airspace, including--
``(i) the impact on arrival, departure, and en route
procedures for aircraft operating under visual flight
rules;
``(ii) the impact on arrival, departure, and en route
procedures for aircraft operating under instrument flight
rules;
``(iii) the impact on existing public-use airports and
aeronautical facilities;
``(iv) the impact on planned public-use airports and
aeronautical facilities;
``(v) the cumulative impact resulting from the proposed
construction or alteration of a structure when combined
with the impact of other existing or proposed structures;
and
``(vi) other factors relevant to the efficient and
effective use of navigable airspace; and
``(B) include the finding made by the Secretary of Defense
under subsection (f).
``(2) Report.--On completing the study, the Secretary of
Transportation shall issue a report disclosing the extent of the--
``(A) adverse impact on the safe and efficient use of the
navigable airspace that the Secretary finds will result from
constructing or altering the structure; and
``(B) unacceptable risk to the national security of the
United States, as determined by the Secretary of Defense under
subsection (f).
``(3) Severability.--A determination by the Secretary of
Transportation on hazard to air navigation under this section shall
remain independent of a determination of unacceptable risk to the
national security of the United States by the Secretary of Defense
under subsection (f).''.
(3) National security finding; definitions.--Section 44718 of
title 49, United States Code, is amended by adding at the end the
following:
``(f) National Security Finding.--As part of an aeronautical study
conducted under subsection (b), the Secretary of Defense shall--
``(1) make a finding on whether the construction, alteration,
establishment, or expansion of a structure or sanitary landfill
included in the study would result in an unacceptable risk to the
national security of the United States; and
``(2) transmit the finding to the Secretary of Transportation
for inclusion in the report required under subsection (b)(2).
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Adverse impact on military operations and readiness.--The
term `adverse impact on military operations and readiness' has the
meaning given the term in section 211.3 of title 32, Code of
Federal Regulations, as in effect on January 6, 2014.
``(2) Unacceptable risk to the national security of the united
states.--The term `unacceptable risk to the national security of
the United States' has the meaning given the term in section 211.3
of title 32, Code of Federal Regulations, as in effect on January
6, 2014.''.
(4) Conforming amendments.--
(A) Section heading.--Section 44718 of title 49, United
States Code, is amended in the section heading by inserting
``or national security'' after ``air commerce''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 447 of title 49, United States Code, is
amended by striking the item relating to section 44718 and
inserting the following:

``44718. Structures interfering with air commerce or national
security.''.

(b) Performance-based Navigation.--Section 213(c) of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C.
40101 note) is amended by adding at the end the following:
``(3) Notifications and consultations.--Not later than 90 days
before applying a categorical exclusion under this subsection to a
new procedure at an OEP airport, the Administrator shall--
``(A) notify and consult with the operator of the airport
at which the procedure would be implemented; and
``(B) consider consultations or other engagement with the
community in the which the airport is located to inform the
public of the procedure.
``(4) Review of certain categorical exclusions.--
``(A) In general.--The Administrator shall review any
decision of the Administrator made on or after February 14,
2012, and before the date of the enactment of this paragraph to
grant a categorical exclusion under this subsection with
respect to a procedure to be implemented at an OEP airport that
was a material change from procedures previously in effect at
the airport to determine if the implementation of the procedure
had a significant effect on the human environment in the
community in which the airport is located.
``(B) Content of review.--If, in conducting a review under
subparagraph (A) with respect to a procedure implemented at an
OEP airport, the Administrator, in consultation with the
operator of the airport, determines that implementing the
procedure had a significant effect on the human environment in
the community in which the airport is located, the
Administrator shall--
``(i) consult with the operator of the airport to
identify measures to mitigate the effect of the procedure
on the human environment; and
``(ii) in conducting such consultations, consider the
use of alternative flight paths that do not substantially
degrade the efficiencies achieved by the implementation of
the procedure being reviewed.
``(C) Human environment defined.--In this paragraph, the
term `human environment' has the meaning given such term in
section 1508.14 of title 40, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this
paragraph).''.
SEC. 342. CONTRACT WORKING DOGS.
(a) Required Contract Clause.--
(1) In general.--Chapter 141 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2410r. Contract working dogs: requirement to transfer animals to
341st Training Squadron after service life
``(a) In General.--Each contract entered into by the Secretary of
Defense for the provision of a contract working dog shall require that
the dog be transferred to the 341st Training Squadron after the service
life of the dog has terminated as described in subsection (b) for
reclassification as a military animal and placement for adoption in
accordance with section 2583 of this title.
``(b) Service Life.--The service life of a contract working dog has
terminated and the dog is available for transfer to the 341st Training
Squadron pursuant to a contract under subsection (a) only if the
contracting officer concerned has determined that--
``(1) the final contractual obligation of the dog preceding
such transfer is with the Department of Defense; and
``(2) the dog cannot be used by another department or agency of
the Federal Government due to age, injury, or performance.
``(c) Contract Working Dog.--In this section, the term `contract
working dog' means a dog--
``(1) that performs a service for the Department of Defense
pursuant to a contract; and
``(2) that is trained and kenneled by an entity that provides
such a dog pursuant to such a contract.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``2410r. Contract working dogs: requirement to transfer animals to 341st
Training Squadron after service life.''.

(b) Inclusion in Definition of Military Animal.--Paragraph (1) of
section 2583(h) of title 10, United States Code, is amended to read as
follows:
``(1) A military working dog, which may include a contract
working dog (as such term is defined in section 2410r) that has
been transferred to the 341st Training Squadron.''.
SEC. 343. PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW RELATING
TO EXPLOSIVE ORDNANCE DISPOSAL.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a plan
to establish an explosive ordnance disposal program in the
Department of Defense to ensure close and continuous coordination
among the military departments on matters relating to explosive
ordnance disposal.
(2) Roles, responsibilities, and authorities.--The plan under
paragraph (1) shall include provisions under which--
(A) the Secretary of Defense shall--
(i) assign responsibility for the coordination and
integration of explosive ordnance disposal to a joint
office or entity in the Office of the Secretary of Defense;
and
(ii) designate the Secretary of the Navy (or a designee
of the Secretary of the Navy) as the executive agent for
the Department of Defense to coordinate and integrate
research, development, test, and evaluation activities and
procurement activities of the military departments relating
to explosive ordnance disposal; and
(B) the Secretary of each military department shall assess
the needs of the military department concerned with respect to
explosive ordnance disposal and may carry out research,
development, test, and evaluation activities and procurement
activities to address such needs.
(b) Annual Explosive Ordnance Disposal Funding Documents.--
(1) In general.--The Secretary of Defense shall submit to
Congress, as a part of the defense budget materials for each fiscal
year after fiscal year 2017, a consolidated funding display, in
classified and unclassified form, that identifies the funding
source for all explosive ordnance disposal activities within the
Department of Defense.
(2) Elements.--The funding display under paragraph (1) for a
fiscal year shall include a single program element from each
military department for each of the following:
(A) Research, development, test, and evaluation.
(B) Procurement.
(C) Operation and maintenance.
(D) Any other program element used to fund explosive
ordnance disposal activities (but not including any program
element relating to military construction).
(c) Management Review and Assessment.--
(1) In general.--The Secretary of Defense shall review and
assess the effectiveness of current management structures in
supporting the explosive ordnance disposal needs of the combatant
commands and the military departments.
(2) Elements.--The review and assessment under paragraph (1)
shall include the following:
(A) A review of the organizational structures and
responsibilities within the Office of the Secretary of Defense
that provide policy and oversight of the policies, programs,
acquisition activities, and personnel of the military
departments relating to explosive ordnance disposal.
(B) A review of the organizational structures and
responsibilities within the military departments that--
(i) man, equip, and train explosive ordnance disposal
forces; and
(ii) support such forces with manpower, technology,
equipment, and readiness.
(C) A review of the organizational structures and
responsibilities of the Secretary of the Navy as the executive
agent for explosive ordnance disposal technology and training.
(D) Budget displays for each military department that
support research, development, test, and evaluation;
procurement; and operation and maintenance, relating to
explosive ordnance disposal.
(E) An assessment of the adequacy of the organizational
structures and responsibilities and the alignment of funding
within the military departments in supporting the needs of the
combatant commands and the military departments with respect to
explosive ordnance disposal.
(d) Briefing.--Not later than March 1, 2017, the Secretary shall
provide to the Committees on Armed Services of the Senate and the House
of Representatives a briefing that includes--
(1) details of the plan required under subsection (a);
(2) the results of the review and assessment under subsection
(c);
(3) a description of any measures undertaken to improve joint
coordination, oversight, and management of programs relating to
explosive ordnance disposal;
(4) recommendations to the Secretary to improve the
capabilities and readiness of explosive ordnance disposal forces;
and
(5) an explanation of the advantages and disadvantages of
assigning responsibility for the coordination and integration of
explosive ordnance disposal to a single joint office or entity in
the Office of the Secretary of Defense.
(e) Definitions.--In this section:
(1) Explosive ordnance.--The term ``explosive ordnance'' means
any munition containing explosives, nuclear fission or fusion
materials, or biological or chemical agents, including--
(A) bombs and warheads;
(B) guided and ballistic missiles;
(C) artillery, mortar, rocket, and small arms munitions;
(D) mines, torpedoes, and depth charges;
(E) demolition charges;
(F) pyrotechnics;
(G) clusters and dispensers;
(H) cartridge and propellant actuated devices;
(I) electro-explosive devices; and
(J) clandestine and improvised explosive devices.
(2) Disposal.--The term ``disposal'' means, with respect to
explosive ordnance, the detection, identification, field
evaluation, defeat, disablement, or rendering safe, recovery and
exploitation, and final disposition of the ordnance.
SEC. 344. PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS
AMMUNITION.
(a) In General.--The Secretary of Defense shall implement a formal
process to provide Federal Government agencies outside the Department
of Defense with information on the availability of surplus, serviceable
ammunition from the Department of Defense for the purpose of reducing
costs relating to the storage and disposal of such ammunition.
(b) Implementation Deadline.--The Secretary shall implement the
process described in subsection (a) beginning not later than 180 days
after the date of the enactment of this Act.
SEC. 345. MITIGATION OF RISKS POSED BY WINDOW COVERINGS WITH
ACCESSIBLE CORDS IN CERTAIN MILITARY HOUSING UNITS.
(a) Removal of Certain Window Coverings.--Not later than three
years after the date of enactment of this Act, the Secretary of Defense
shall remove and replace disqualified window coverings from--
(1) military housing units owned by the Department of Defense
in which children under the age of 9 may reside; and
(2) military housing units leased by the Department of Defense
in which children under the age of 9 may reside if the lease for
such units requires the Department to provide window coverings.
(b) Prohibition on Disqualified Window Coverings in Military
Housing Units Acquired or Constructed by Contract.--All contracts
entered into by the Secretary of Defense after September 30, 2017, for
the acquisition or construction of military family housing, including
military family housing acquired or constructed pursuant to subchapter
IV of chapter 169 of title 10, United States Code, shall prohibit the
use of disqualified window coverings in such housing.
(c) Disqualified Window Covering Defined.--In this section, the
term ``disqualified window covering'' means--
(1) a window covering with an accessible cord that exceeds 8
inches in length; or
(2) a window covering with an accessible continuous loop cord
that does not have a cord tension device that prevents operation
when the cord is not anchored to the wall.
SEC. 346. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION
COMPANIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish
policies under which covered drivers may be authorized to access
military installations.
(b) Elements.--The policies established under subsection (a)--
(1) shall include the terms and conditions under which a
covered driver may be authorized to access a military installation;
(2) may require a transportation company and a covered driver
to enter into a written agreement with the Department of Defense as
a precondition for obtaining authorization to access a military
installation;
(3) shall be consistent across military installations, to the
extent practicable;
(4) shall be designed to promote the expeditious entry of
covered drivers onto military installations for purposes of
providing commercial transportation services;
(5) shall place appropriate restrictions on entry into
sensitive areas of military installations;
(6) shall be designed, to the extent practicable, to give
covered drivers access to barracks areas, housing areas, temporary
lodging facilities, hospitals, and community support facilities;
(7) shall require transportation companies--
(A) to track, in real-time, the location of the entry and
exit of covered drivers onto and off of military installations;
and
(B) to provide, on demand, the information described in
subparagraph (A) to appropriate personnel and agencies of the
Department; and
(8) shall take into account force protection requirements and
ensure the protection and safety of members of the Armed Forces,
civilian employees of the Department of Defense, and the families
of such members and employees.
(c) Confidentiality of Information.--The Secretary shall ensure
that any information provided to the Department by a transportation
company under subsection (b)(7)--
(1) is treated as confidential and proprietary information of
the company that is exempt from public disclosure pursuant to
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act''); and
(2) except as provided in subsection (b)(7), is not disclosed
to any person or entity without the express written consent of the
company unless disclosure of such information is required by a
court order.
(d) Definitions.--In this section:
(1) Transportation company.--The term ``transportation
company'' means a corporation, partnership, sole proprietorship, or
other entity outside of the Department of Defense that provides a
commercial transportation service to a rider, including a company
that uses a digital network to connect riders to covered drivers
for the purpose of providing such transportation service.
(2) Covered driver.--The term ``covered driver''--
(A) means an individual--
(i) who is an employee of a transportation company or
who is affiliated with a transportation company; and
(ii) who provides a commercial transportation service
to a rider; and
(B) includes a vehicle operated by such individual for the
purpose of providing such service.
SEC. 347. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NETWORK
CONNECTIONS FOR CERTAIN MEMBERS OF THE ARMED FORCES.
(a) In General.--In providing members of the Armed Forces with
access to high-speed wireless Internet and network connections at
military installations outside the United States, the Secretary of
Defense may provide such access without charge to the members and their
dependents.
(b) Contract Authority.--The Secretary may enter into contracts for
the purpose of carrying out subsection (a).
SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF THE
UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for Operation and Maintenance,
Defense-wide, for the Office of the Under Secretary of Defense for
Intelligence, not more than 90 percent may be obligated or expended
until the Secretary of Defense issues guidance on the process by which
members of the Armed Forces may carry an appropriate firearm on a
military installation, as required by section 526 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 813; 10 U.S.C. 2672 note).
SEC. 349. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW CAMOUFLAGE
AND UTILITY UNIFORMS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense may be obligated
or expended to develop or field new camouflage uniforms, new utility
uniforms, or new families of uniforms until the date that is one year
after the date on which the Secretary of Defense submits to the
congressional defense committees notice of the intent of the Secretary
to develop or field such uniforms.
SEC. 350. PLAN FOR IMPROVED DEDICATED ADVERSARY AIR TRAINING
ENTERPRISE OF THE AIR FORCE.
(a) In General.--The Chief of Staff of the Air Force shall develop
a plan for an improved dedicated adversary air training enterprise for
the Air Force--
(1) to maximize warfighting effectiveness and synergies of the
current and planned fourth and fifth generation combat air forces
through optimized training and readiness;
(2) to harness intelligence analysis, emerging live-virtual-
constructive training technologies, range infrastructure
improvements, and results of experimentation and prototyping
efforts in operational concept development;
(3) to challenge the combat air forces of the Air Force with
threat representative adversary-to-friendly aircraft ratios, known
and emerging adversary tactics, and high fidelity replication of
threat airborne and ground capabilities; and
(4) to achieve training and readiness goals and objectives of
the Air Force with demonstrated institutional commitment to the
adversary air training enterprise through the application of Air
Force policy and resources, partnering with the other Armed Forces,
allies, and friends, and employing the use of industry contracted
services.
(b) Elements.--The plan under subsection (a) shall include, with
respect to an improved dedicated adversary air training enterprise, the
following:
(1) Goals and objectives.
(2) Concepts of operations.
(3) Timelines for the phased implementation of the enterprise.
(4) Analysis of readiness improvements that may result from the
enterprise.
(5) Prioritized resource requirements.
(6) Such other matters as the Chief of Staff considers
appropriate.
(c) Written Plan and Briefing.--Not later than March 3, 2017, the
Chief of Staff shall provide to the Committees on Armed Services of the
Senate and the House of Representatives--
(1) a written version of the plan developed under subsection
(a); and
(2) a briefing on such plan.
SEC. 351. INDEPENDENT REVIEW AND ASSESSMENT OF THE READY AIRCREW
PROGRAM OF THE AIR FORCE.
(a) Independent Review and Assessment.--The Secretary of the Air
Force shall enter into a contract with an independent entity with
appropriate expertise--
(1) to conduct a review and assessment of--
(A) the assumptions underlying the annual continuation
training requirements of the Air Force; and
(B) the overall effectiveness of the Ready Aircrew Program
of the Air Force in managing aircrew training requirements; and
(2) to make recommendations for the improved management of such
training requirements.
(b) Report.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit
to the congressional defense committees a report on the review and
assessment conducted under subsection (a).
(2) Elements.--The report under paragraph (1) shall include an
examination of the following:
(A) For the aircrews of each type of combat aircraft and by
mission type--
(i) the number of sorties required to reach minimum and
optimal levels of proficiency, respectively;
(ii) the optimal mix of live and virtual training
sorties; and
(iii) the optimal mix of experienced aircrews versus
inexperienced aircrews.
(B) The availability of assets and infrastructure to
support the achievement of aircrew proficiency levels and an
explanation of any requirements relating to such assets and
infrastructure.
(C) The accumulated flying hours or other measurements used
to determine if an aircrew qualifies for designation as an
experienced aircrew, and whether different measurements should
be used.
(D) Any actions taken or planned to be taken to implement
recommendations resulting from the independent review and
assessment under subsection (a), including an estimate of the
resources required to implement such recommendations.
(E) Any other matters the Secretary determines are
appropriate to ensure a comprehensive review and assessment.
(c) Comptroller General Review.--
(1) In general.--The Comptroller General of the United States
shall submit to the congressional defense committees a review of
the report described in subsection (b). Such review shall include
an assessment of--
(A) the extent to which the report addressed the elements
described in paragraph (2) of such subsection;
(B) the adequacy and completeness of the assumptions
reviewed to establish the annual training requirements of the
Air Force;
(C) any actions the Air Force plans to carry out to
incorporate the results of the report into annual training
documents; and
(D) any other matters the Comptroller General determines
are relevant.
(2) Briefing.--Not later than 60 days after the date on which
the Secretary of the Air Force submits the report under subsection
(b) and prior to submitting the review required under paragraph
(1), the Comptroller General shall provide a briefing to the
congressional defense committees on the preliminary results of the
review conducted under such paragraph.
SEC. 352. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF THE DEPARTMENT
OF DEFENSE.
(a) Study Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct an independent study on the space-available travel system of
the Department of Defense.
(b) Report Required.--Not later than 180 days after entering into a
contract with a federally funded research and development center under
subsection (a), the Secretary shall submit to the congressional defense
committees a report summarizing the results of the study conducted
under such subsection.
(c) Elements.--The report under subsection (b) shall include, with
respect to the space-available travel system, the following:
(1) A determination of--
(A) the capacity of the system as of the date of the
enactment of this Act;
(B) the projected capacity of the system for the 10-year
period following such date of enactment; and
(C) the projected number of reserve retirees, active duty
retirees, and dependents of such retirees that will exist by
the end of such 10-year period.
(2) Estimates of system capacity based the projections
described in paragraph (1).
(3) A discussion of the efficiency of the system and data
regarding the use of available space with respect to each category
of passengers eligible for space-available travel under existing
regulations.
(4) A description of the effect on system capacity if
eligibility for space-available travel is extended to--
(A) drilling reserve component personnel and dependents of
such personnel on international flights;
(B) dependents of reserve component retirees who are less
than 60 years of age;
(C) retirees who are less than 60 years of age on
international flights;
(D) drilling reserve component personnel traveling to
drilling locations; and
(E) members or former members of the Armed Forces who have
a disability rated as total, if space-available travel is
provided to such members on the same basis as such travel is
provided to members of the Armed Forces entitled to retired or
retainer pay.
(5) A discussion of logistical and management problems,
including congestion at terminals, waiting times, lodging
availability, and personal hardships experienced by travelers.
(6) An evaluation of the cost of the system and whether space-
available travel is and can remain cost-neutral.
(7) An evaluation of the feasibility of expanding the
categories of passengers eligible for space-available travel to
include--
(A) in the case of overseas travel, retired members of an
active or reserve component, including retired members of
reserve components, who, but for being under the eligibility
age applicable to the member under section 12731 of title 10,
United States Code, would be eligible for retired pay under
chapter 1223 of such title;
(B) unremarried widows and widowers of active or reserve
component members of the Armed Forces; and
(C) members or former members of the Armed Forces who have
a disability rated as total, if space-available travel is
provided to such members on the same basis as such travel is
provided to members of the Armed Forces entitled to retired or
retainer pay.
(8) Such other factors relating to the efficiency and cost of
the system as the Secretary determines to be appropriate.
(d) Additional Responsibilities.--In addition to carrying out
subsections (a) through (c), the Secretary of Defense shall--
(1) analyze the methods used to prioritize among the categories
of individuals eligible for space-available travel and make
recommendations for--
(A) re-ordering the priority of such categories; and
(B) adding additional categories of eligible individuals;
and
(2) collect data on travelers who request but do not obtain
available travel spaces under the space-available travel system.
(e) Disability Rated as Total Defined.--In this section, the term
``disability rated as total'' has the meaning given the term in section
1414(e)(3) of title 10, United States Code.
SEC. 353. EVALUATION OF MOTOR CARRIER SAFETY PERFORMANCE AND SAFETY
TECHNOLOGY.
(a) In General.--The Secretary of Defense shall evaluate the need
for proven safety technology in vehicles transporting shipments under
the Transportation Protective Services program of the United States
Transportation Command, including--
(1) electronic logging devices;
(2) roll stability control;
(3) forward collision avoidance systems;
(4) lane departure warning systems; and
(5) speed limiters.
(b) Considerations.--In carrying out subsection (a), the Secretary
shall--
(1) consider the need to avoid catastrophic accidents and
exposure of security-sensitive materials; and
(2) take into the account the findings of the Government
Accountability Office report numbered GAO-16-82 and titled
``Defense Transportation; DoD Needs to Improve the Evaluation of
Safety and Performance Information for Carriers Transporting
Security-Sensitive Materials''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.

Subtitle B--Reserve Forces

Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2017, as follows:
(1) The Army, 476,000.
(2) The Navy, 323,900.
(3) The Marine Corps, 185,000.
(4) The Air Force, 321,000.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 476,000.
``(2) For the Navy, 323,900.
``(3) For the Marine Corps, 185,000.
``(4) For the Air Force, 321,000.''.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2017, as follows:
(1) The Army National Guard of the United States, 343,000.
(2) The Army Reserve, 199,000.
(3) The Navy Reserve, 58,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 105,700.
(6) The Air Force Reserve, 69,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2017, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,155.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 9,955.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,764.
(6) The Air Force Reserve, 2,955.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The authorized number of military technicians
(dual status) as of September 30, 2017, for the reserve components of
the Army and the Air Force (notwithstanding section 129 of title 10,
United States Code) shall be the following:
(1) For the Army National Guard of the United States, 25,507.
(2) For the Army Reserve, 7,570.
(3) For the Air National Guard of the United States, 22,103.
(4) For the Air Force Reserve, 10,061.
(b) Variance.--Notwithstanding section 115 of title 10, United
States Code, the end strength prescribed by subsection (a) for a
reserve component specified in that subsection may be increased--
(1) by 3 percent, upon determination by the Secretary of
Defense that such action is in the national interest; and
(2) by 2 percent, upon determination by the Secretary of the
military department concerned that such action would enhance
manning and readiness in essential units or in critical specialties
or ratings.
SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in section
10217(c)(2) of title 10, United States Code, the number of non-dual
status technicians employed by the National Guard as of September
30, 2017, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2017, may not
exceed 420.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September 30,
2017, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2017, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 416. TECHNICAL CORRECTIONS TO ANNUAL AUTHORIZATION FOR
PERSONNEL STRENGTHS.
Section 115 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``502(f)(2)'' and
inserting ``502(f)(1)(B)''; and
(B) in subparagraph (C), by striking ``502(f)(2)'' and
inserting ``502(f)(1)(B)''; and
(2) in subsection (i)(7), by striking ``502(f)(1)'' and
inserting ``502(f)(1)(A)''.

Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2017 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2017.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Subtitle B--Reserve Component Management

Subtitle C--General Service Authorities

Subtitle D--Member Whistleblower Protections and Correction of Military
Records

Subtitle E--Military Justice and Legal Assistance Matters

Subtitle F--National Commission on Military, National, and Public
Service

Subtitle G--Member Education, Training, Resilience, and Transition

Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters

Subtitle I--Decorations and Awards

Subtitle J--Miscellaneous Reports and Other Matters

Subtitle A--Officer Personnel Policy

SEC. 501. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY AND AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022, OF
SUCH GENERAL AND FLAG OFFICERS.
(a) Reduction in Number of General and Flag Officers by December
31, 2022.--
(1) Required reduction.--Except as otherwise provided by an Act
enacted after the date of the enactment of this Act that expressly
modifies the requirements of this paragraph, by not later than
December 31, 2022, the Secretary of Defense shall reduce the number
of general and flag officers on active duty by 110 from the
aggregate authorized number of general and flag officers authorized
by sections 525 and 526 of title 10, United States Code, as of
December 31, 2015.
(2) Distribution of authorized positions.--Effective as of
December 31, 2022, and reflecting the reduction required by
paragraph (1), authorized general and flag officer positions shall
be distributed among the Army, Navy, Air Force, Marine Corps, and
joint pool as follows:
(A) The Army is authorized 220 positions in the general
officer grades.
(B) The Navy is authorized 151 positions in the flag
officer grades.
(C) The Air Force is authorized 187 positions in the
general officer grades.
(D) The Marine Corps is authorized 62 positions in the
general officer grades.
(E) The joint pool is authorized 232 positions in the
general or flag officer grades, to be distributed as follows:
(i) 82 positions in the general officer grades from the
Army.
(ii) 60 positions in the flag officer grades from the
Navy.
(iii) 69 positions in the general officer grades from
the Air Force.
(iv) 21 positions in the general officer grades from
the Marine Corps.
(3) Temporary additional joint pool allocation.--In addition to
the positions authorized by paragraph (2), the 30 general and flag
officer positions designated for overseas contingency operations
are authorized as an additional maximum temporary allocation to the
joint pool.
(b) Plan to Achieve Required Reduction and Distribution.--
(1) Plan required.--Utilizing the study conducted under
subsection (c), the Secretary of Defense shall develop a plan to
achieve, by the date specified in subsection (a)(1)--
(A) the reduction required by such subsection in the number
of general and flag officers; and
(B) the distribution of authorized positions required by
subsection (a)(2).
(2) Submission of plan.--When the budget for the Department of
Defense for fiscal year 2019 is submitted to Congress pursuant to
section 1105 of title 31, United States Code, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth the
plan developed under this subsection.
(3) Progress reports.--The Secretary of Defense shall include
with the budget for the Department of Defense for each of fiscal
years 2020, 2021, and 2022 a report describing and assessing the
progress of the Secretary in implementing the plan developed under
this subsection.
(c) Study for Purposes of Plan.--
(1) Study required.--For purposes of complying with subsection
(a) and preparing the plan required by subsection (b), the
Secretary of Defense shall conduct a comprehensive and deliberate
global manpower study of requirements for general and flag officers
with the goal of identifying--
(A) the requirement justification for each general or flag
officer position in terms of overall force structure, scope of
responsibility, command and control requirements, and force
readiness and execution;
(B) an additional 10 percent reduction in the aggregate
number of authorized general officer and flag officer positions
after the reductions required by subsection (a); and
(C) an appropriate redistribution of all general officer
and flag officer positions within the reductions so identified.
(2) Submission of study results.--Not later than April 1, 2017,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the results of the study conducted under this
subsection, including the justification for general and flag
officer position to be retained and the reductions identified by
general and flag officer position.
(3) Interim report.--If practicable before the date specified
in paragraph (2), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report describing the progress made
toward the completion of the study under this subsection,
including--
(A) the specific general and flag officer positions that
have been evaluated;
(B) the results of that evaluation; and
(C) recommendations for achieving the additional 10 percent
reduction in the aggregate number of authorized general officer
and flag officer positions to be identified under paragraph
(1)(C) and recommendations for redistribution of general and
flag officer positions that have been developed to that point.
(d) Exclusions.--
(1) Related to joint duty assignments.--For purposes of
complying with subsection (a), the Secretary of Defense may
exclude--
(A) a general or flag officer released from a joint duty
assignment, but only during the 60-day period beginning on the
date the officer departs the joint duty assignment, except that
the Secretary may authorize the Secretary of a military
department to extend the 60-day period by an additional 120
days, but not more than three officers on active duty from each
Armed Force may be covered by the additional extension at the
same time; and
(B) the number of officers required to serve in joint duty
assignments for each Armed Force as authorized by the Secretary
under section 526a(b) of title 10, United States Code, as added
by subsection (h) of this section.
(2) Related to relief from chief of staff duty.--For purposes
of complying with subsection (a), the Secretary of Defense may
exclude an officer who continues to hold the grade of general or
admiral under section 601(b)(5) of title 10, United States Code,
after relief from the position of Chairman of the Joint Chiefs of
Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief
of Staff of the Air Force, or Commandant of the Marine Corps.
(3) Related to retirement, separation, release, or relief.--For
purposes of complying with subsection (a), the Secretary of Defense
may exclude the following officers:
(A) An officer of an Armed Force in the grade of brigadier
general or above or, in the case of the Navy, in the grade of
rear admiral (lower half) or above, who is on leave pending the
retirement, separation, or release of that officer from active
duty, but only during the 60-day period beginning on the date
of the commencement of such leave of such officer.
(B) An officer of an Armed Force who has been relieved from
a position designated under section 601(a) of title 10, United
States Code, or by law to carry one of the grades specified in
such section, but only during the 60-day period beginning on
the date on which the assignment of the officer to the first
position is terminated or until the officer is assigned to a
second such position, whichever occurs first.
(e) Secretarial Authority to Grant Exceptions to Limitations.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense may alter the reduction otherwise required by subsection
(a)(1) in the number of general and flag officer or the
distribution of authorized positions otherwise required by
subsection (a)(2) in the interest of the national security of the
United States.
(2) Notice to congress of exceptions.--Not later than 30 days
after authorizing a number of general or flag officers in excess of
the number required as a result of the reduction required by
subsection (a)(1) or altering the distribution of authorized
positions under subsection (a)(2), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives written notice of such exception,
including a statement of the reason for such exception and the
anticipated duration of the exception.
(f) Orderly Transition for Officers Recently Assigned to Positions
to Be Eliminated.--
(1) Covered officers.--In order to provide an orderly
transition for personnel in general or flag officer positions to be
eliminated pursuant to the plan prepared under subsection (b), any
general or flag officer who has not completed, as of December 31,
2022, at least 24 months in a position to be eliminated pursuant to
the plan may remain in the position until the last day of the month
that is 24 months after the month in which the officer assumed the
duties of the position.
(2) Report to congress on covered officers.--The Secretary of
Defense shall include in the annual report required by section
526(j) of title 10, United States Code, in 2020 a description of
the positions in which an officer will remain pursuant to paragraph
(1), including the latest date on which the officer may remain in
such position pursuant to that paragraph.
(3) Notice to congress on detachment of covered officers.--The
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a notice on
the date on which each officer covered by paragraph (1) is detached
from the officer's position pursuant to such paragraph.
(g) Relation to Subsequent General or Flag Nominations.--
(1) Notice to senate with nomination.--In order to help achieve
the requirements of the plan required by subsection (b), effective
30 days after the commencement of the implementation of the plan,
the Secretary of Defense shall include with each nomination of an
officer to a grade above colonel or captain (in the case of the
Navy) that is forwarded by the President to the Senate for
appointment, by and with the advice and consent of the Senate, a
certification to the Committee on Armed Services of the Senate that
the appointment of the officer to the grade concerned will not
interfere with achieving the reduction required by subsection
(a)(1) in the number of general and flag officer positions or the
distribution of authorized positions required by subsection (a)(2).
(2) Implementation.--Not later than 120 days after the date of
the submission of the plan required by subsection (b), the
Secretary of Defense shall revise applicable guidance of the
Department of Defense on general and flag officer authorizations in
order to ensure that--
(A) the achievement of the reductions required pursuant to
subsection (a) is incorporated into the planning for the
execution of promotions by the military departments and for the
joint pool;
(B) to the extent practicable, the resulting grades for
general and flag officer positions are uniformly applied to
positions of similar duties and responsibilities across the
military departments and the joint pool; and
(C) planning achieves a reduction in the headquarters
functions and administrative and support activities and staffs
of the Department of Defense and the military departments
commensurate with the achievement of the reductions required
pursuant to subsection (a).
(h) Authorized Strength After December 31, 2022, of General and
Flag Officers on Active Duty.--
(1) In general.--Chapter 32 of title 10, United States Code, is
amended by inserting after section 526 the following new section:
``Sec. 526a. Authorized strength after December 31, 2022: general
officers and flag officers on active duty
``(a) Limitations.--The number of general officers on active duty
in the Army, Air Force, and Marine Corps, and the number of flag
officers on active duty in the Navy, after December 31, 2022, may not
exceed the number specified for the armed force concerned as follows:
``(1) For the Army, 220.
``(2) For the Navy, 151.
``(3) For the Air Force, 187.
``(4) For the Marine Corps, 62.
``(b) Limited Exclusion for Joint Duty Requirements.--
``(1) In general.--The Secretary of Defense may designate up to
232 general officer and flag officer positions that are joint duty
assignments for purposes of chapter 38 of this title for exclusion
from the limitations in subsection (a).
``(2) Minimum number.--Unless the Secretary of Defense
determines that a lower number is in the best interest of the
Department of Defense, the minimum number of officers serving in
positions designated under paragraph (1) for each armed force shall
be as follows:
``(A) For the Army, 75.
``(B) For the Navy, 53.
``(C) For the Air Force, 68.
``(D) For the Marine Corps, 17.
``(c) Exclusion of Certain Officers Pending Separation or
Retirement or Between Senior Positions.--The limitations of this
section do not apply to--
``(1) an officer of an armed force in the grade of brigadier
general or above or, in the case of the Navy, in the grade of rear
admiral (lower half) or above, who is on leave pending the
retirement, separation, or release of that officer from active
duty, but only during the 60-day period beginning on the date of
the commencement of such leave of such officer; or
``(2) an officer of an armed force who has been relieved from a
position designated under section 601(a) of this title or by law to
carry one of the grades specified in such section, but only during
the 60-day period beginning on the date on which the assignment of
the officer to the first position is terminated or until the
officer is assigned to a second such position, whichever occurs
first.
``(d) Temporary Exclusion for Assignment to Certain Temporary
Billets.--
``(1) In general.--The limitations in subsection (a) do not
apply to a general officer or flag officer assigned to a temporary
joint duty assignment designated by the Secretary of Defense.
``(2) Duration of exclusion.--A general officer or flag officer
assigned to a temporary joint duty assignment as described in
paragraph (1) may not be excluded under this subsection from the
limitations in subsection (a) for a period of longer than one year.
``(e) Exclusion of Officers Departing From Joint Duty
Assignments.--The limitations in subsection (a) do not apply to an
officer released from a joint duty assignment, but only during the 60-
day period beginning on the date the officer departs the joint duty
assignment. The Secretary of Defense may authorize the Secretary of a
military department to extend the 60-day period by an additional 120
days, except that not more than three officers on active duty from each
armed force may be covered by the additional extension at the same
time.
``(f) Active-Duty Baseline.--
``(1) Notice and wait requirements.--If the Secretary of a
military department proposes an action that would increase above
the baseline the number of general officers or flag officers of an
armed force under the jurisdiction of that Secretary who would be
on active duty and would count against the statutory limit
applicable to that armed force under subsection (a), the action
shall not take effect until after the end of the 60-calendar day
period beginning on the date on which the Secretary provides notice
of the proposed action, including the rationale for the action, to
the Committees on Armed Services of the Senate and the House of
Representatives.
``(2) Baseline defined.--In paragraph (1), the term `baseline'
for an armed force means the lower of--
``(A) the statutory limit of general officers or flag
officers of that armed force under subsection (a); or
``(B) the actual number of general officers or flag
officers of that armed force who, as of January 1, 2023,
counted toward the statutory limit of general officers or flag
officers of that armed force under subsection (a).
``(g) Joint Duty Assignment Baseline.--
``(1) Notice and wait requirement.--If the Secretary of
Defense, the Secretary of a military department, or the Chairman of
the Joint Chiefs of Staff proposes an action that would increase
above the baseline the number of general officers and flag officers
of the armed forces in joint duty assignments who count against the
statutory limit under subsection (b)(1), the action shall not take
effect until after the end of the 60-calendar day period beginning
on the date on which such Secretary or the Chairman, as the case
may be, provides notice of the proposed action, including the
rationale for the action, to the Committees on Armed Services of
the Senate and the House of Representatives.
``(2) Baseline defined.--In paragraph (1), the term `baseline'
means the lower of--
``(A) the statutory limit on general officer and flag
officer positions that are joint duty assignments under
subsection (b)(1); or
``(B) the actual number of general officers and flag
officers who, as of January 1, 2023, were in joint duty
assignments counted toward the statutory limit under subsection
(b)(1).
``(h) Annual Report.--Not later than March 1 each year, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report specifying the
following:
``(1) The numbers of general officers and flag officers who, as
of January 1 of the calendar year in which the report is submitted,
counted toward the service-specific limits of subsection (a).
``(2) The number of general officers and flag officers in joint
duty assignments who, as of such January 1, counted toward the
statutory limit under subsection (b)(1).''.
(2) Conforming amendment.--Section 526 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(k) Cessation of Applicability.--The provisions of this section
shall not apply to number of general officers and flag officers in the
armed forces after December 31, 2022. For provisions applicable to the
number of such officers after that date, see section 526a of this
title.''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 32 of title 10, United States Code, is amended by
inserting after the item relating to section 526 the following new
item:

``526a. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.''.
SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR FLAG
OFFICER GRADE FOR VARIOUS POSITIONS IN THE ARMED FORCES.
(a) Assistants to CJCS for NG Matters and Reserve Matters.--
(1) In general.--Section 155a of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 5 of such title is amended by striking the item relating
to section 155a.
(b) Legal Counsel to CJCS.--Section 156 of title 10, United States
Code, is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Director of Test Resource Management Center.--Section 196(b)(1)
of title 10, United States Code, is amended by striking the second and
third sentences.
(d) Director of Missile Defense Agency.--
(1) In general.--Section 203 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 8 of such title is amended by striking the item relating
to section 203.
(e) Joint 4-Star Positions.--Section 604(b) of title 10, United
States Code, is amended by striking paragraph (3).
(f) Senior Members of Military Staff Committee of UN.--Section 711
of title 10, United States Code, is amended by striking the second
sentence.
(g) Chief of Staff to President.--
(1) In general.--Section 720 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 41 of such title is amended by striking the item
relating to section 720.
(h) Attending Physician to Congress.--
(1) In general.--Section 722 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 41 of such title is amended by striking the item
relating to section 722.
(i) Physician to White House.--
(1) In general.--Section 744 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 43 of such title is amended by striking the item
relating to section 744.
(j) Chief of Legislative Liaison of the Army.--Section 3023(a) of
title 10, United States Code, is amended by striking the second
sentence.
(k) Chiefs of Branches of the Army.--Section 3036(b) of title 10,
United States Code, is amended in the flush matter following paragraph
(2)--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``, and while so
serving, has the grade of lieutenant general''.
(l) Judge Advocate General of the Army.--Section 3037(a) of title
10, United States Code, is amended by striking the last two sentences.
(m) Chief of Army Reserve.--Section 3038(c) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(n) Deputy and Assistant Chiefs of Branches of the Army.--
(1) In general.--Section 3039 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 305 of such title is amended by striking the item
relating to section 3039.
(o) Chief of Army Nurse Corps.--Section 3069(b) of title 10, United
States Code, is amended by striking the second sentence.
(p) Assistant Chiefs of Army Medical Specialist Corps.--
(1) In general.--Section 3070 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking ``and assistant
chiefs'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 3070. Army Medical Specialist Corps: organization; Chief''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 307 of such title is amended by striking the item
relating to section 3070 and inserting the following new item:

``3070. Army Medical Specialist Corps: organization; Chief.''.

(q) Judge Advocate General's Corps of the Army.--Section 3072 of
title 10, United States Code, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively.
(r) Chief of Veterinary Corps of the Army.--
(1) In general.--Section 3084 of title 10, United States Code,
is amended by striking the second sentence.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 3084. Chief of Veterinary Corps''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 307 of such title is amended by striking the item
relating to section 3084 and inserting the following new item:

``3084. Chief of Veterinary Corps.''.

(s) Army Aides.--
(1) In general.--Section 3543 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 343 of such title is amended by striking the item
relating to section 3543.
(t) Principal Military Deputy to Assistant Secretary of the Navy
for RD&A.--Section 5016(b)(4)(B) of title 10, United States Code, is
amended by striking ``a vice admiral of the Navy or a lieutenant
general of the Marine Corps'' and inserting ``an officer of the Navy or
the Marine Corps''.
(u) Chief of Naval Research.--Section 5022 of title 10, United
States Code, is amended--
(1) by striking ``(1)''; and
(2) by striking paragraph (2).
(v) Chief of Legislative Affairs of the Navy.--Section 5027(a) of
title 10, United States Code, is amended by striking the second
sentence.
(w) Director for Expeditionary Warfare.--Section 5038 of title 10,
United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
(x) SJA to Commandant of the Marine Corps.--Section 5046(a) of
title 10, United States Code, is amended by striking the last sentence.
(y) Legislative Assistant to Commandant of the Marine Corps.--
Section 5047 of title 10, United States Code, is amended by striking
the second sentence.
(z) Bureau Chiefs of the Navy.--
(1) In general.--Section 5133 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 513 of such title is amended by striking the item
relating to section 5133.
(aa) Chief of Dental Corps of the Navy.--Section 5138 of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``not below the grade of
rear admiral (lower half)''; and
(2) in subsection (c), by striking the first sentence.
(bb) Bureau of Naval Personnel.--
(1) In general.--Section 5141 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking the first sentence; and
(B) in subsection (b), by striking the first sentence.
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 5141. Chief of Naval Personnel; Deputy Chief of Naval
Personnel''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 513 of such title is amended by striking the item
relating to section 5141 and inserting the following new item:

``5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.''.

(cc) Chief of Chaplains of the Navy.--Section 5142 of title 10,
United States Code, is amended by striking subsection (e).
(dd) Chief of Navy Reserve.--Section 5143(c) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(ee) Commander, Marine Forces Reserve.--Section 5144(c) of title
10, United States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(ff) Judge Advocate General of the Navy.--Section 5148(b) of title
10, United States Code, is amended by striking the last sentence.
(gg) Deputy and Assistant Judge Advocates General of the Navy.--
Section 5149 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``, by and with the
advice and consent of the Senate,''; and
(B) by striking the second sentence; and
(2) in each of subsections (b) and (c), by striking the second
and last sentences.
(hh) Chiefs of Staff Corps of the Navy.--Section 5150 of title 10,
United States Code, is amended--
(1) in subsection (b)(2), by striking ``Subject to subsection
(c), the Secretary'' and inserting ``The Secretary''; and
(2) by striking subsection (c).
(ii) Principal Military Deputy to Assistant Secretary of the Air
Force for Acquisition.--Section 8016(b)(4)(B) of title 10, United
States Code, is amended by striking ``a lieutenant general'' and
inserting ``an officer''.
(jj) Chief of Legislative Liaison of the Air Force.--Section
8023(a) of title 10, United States Code, is amended by striking the
second sentence.
(kk) Judge Advocate General and Deputy Judge Advocate General of
the Air Force.--Section 8037 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking the last sentence; and
(2) in subsection (d)(1), by striking the last sentence.
(ll) Chief of the Air Force Reserve.--Section 8038(c) of title 10,
United States Code, is amended--
(1) in the subsection heading, by striking ``; Grade'';
(2) by striking ``(1)''; and
(3) by striking paragraph (2).
(mm) Chief of Chaplains of the Air Force.--Section 8039 of title
10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(2) by striking subsection (c).
(nn) Chief of Air Force Nurses.--
(1) In general.--Section 8069 of title 10, United States Code,
is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking ``Positions
of Chief and Assistant Chief'' and inserting ``Position of
Chief''; and
(ii) by striking ``and assistant chief'';
(B) in subsection (b), by striking the second sentence; and
(C) by striking subsection (c).
(2) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 8069. Air Force nurses: Chief; appointment''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 807 of such title is amended by striking the item
relating to section 8069 and inserting the following new item:

``8069. Air Force nurses: Chief; appointment.''.

(oo) Assistant Surgeon General for Dental Services of the Air
Force.--Section 8081 of title 10, United States Code, is amended by
striking the second sentence.
(pp) Air Force Aides.--
(1) In general.--Section 8543 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 843 of such title is amended by striking the item
relating to section 8543.
(qq) Dean of Faculty of the Air Force Academy.--Section 9335(b) of
title 10, United States Code, is amended by striking the first and
third sentences.
(rr) Vice Chief of the National Guard Bureau.--Section 10505(a) of
title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by adding ``and'' at the end;
(B) in subparagraph (D), by striking ``; and'' at the end
and inserting a period; and
(C) by striking subparagraph (E); and
(2) by striking subsection (c).
(ss) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of title 10, United States Code, is amended in each of
subparagraphs (A) and (B)--
(1) by striking ``general''; and
(2) by striking ``, and shall hold the grade of lieutenant
general while so serving,''.
SEC. 503. NUMBER OF MARINE CORPS GENERAL OFFICERS.
(a) Distribution of Commissioned Officers on Active Duty in General
Officer and Flag Officer Grades.--Section 525(a)(4) of title 10, United
States Code, is amended--
(1) in subparagraph (B), by striking ``15'' and inserting
``17''; and
(2) in subparagraph (C), by striking ``23'' and inserting
``22''.
(b) General and Flag Officers on Active Duty.--Section 526(a)(4) of
such title is amended by striking ``61'' and inserting ``62''.
(c) Deputy Commandants.--Section 5045 of such title is amended by
striking ``six'' and inserting ``seven''.
SEC. 504. PROMOTION ELIGIBILITY PERIOD FOR OFFICERS WHOSE
CONFIRMATION OF APPOINTMENT IS DELAYED DUE TO NONAVAILABILITY TO
THE SENATE OF PROBATIVE INFORMATION UNDER CONTROL OF NON-
DEPARTMENT OF DEFENSE AGENCIES.
Section 629(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Paragraph (1) does not apply when the Senate is not able to
obtain information necessary to give its advice and consent to the
appointment concerned because that information is under the control of
a department or agency of the Federal Government other than the
Department of Defense.''.
SEC. 505. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY WITHOUT
REGARD TO REQUIREMENT FOR RETIREMENT FOR YEARS OF SERVICE.
(a) Authority for Continuation on Active Duty.--
(1) In general.--Subchapter IV of chapter 36 of title 10,
United States Code, is amended by inserting after section 637 the
following new section:
``Sec. 637a. Continuation on active duty: officers in certain military
specialties and career tracks
``(a) In General.--The Secretary of the military department
concerned may authorize an officer in a grade above grade O-4 to remain
on active duty after the date otherwise provided for the retirement of
the officer in section 633, 634, 635, or 636 of this title, as
applicable, if the officer has a military occupational specialty,
rating, or specialty code in a military specialty designated pursuant
to subsection (b).
``(b) Military Specialties.--Each Secretary of a military
department shall designate the military specialties in which a military
occupational specialty, rating, or specialty code, as applicable,
assigned to members of the armed forces under the jurisdiction of such
Secretary authorizes the members to be eligible for continuation on
active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active
duty pursuant to this section shall, if not earlier retired, be retired
on the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Regulations.--The Secretaries of the military departments
shall carry out this section in accordance with regulations prescribed
by the Secretary of Defense. The regulations shall specify the criteria
to be used by the Secretaries of the military departments in
designating military specialities for purposes of subsection (b).''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter IV of chapter 36 of title 10, United States Code, is
amended by inserting after the item relating to section 637 the
following new item:

``637a. Continuation on active duty: officers in certain military
specialties and career tracks.''.

(b) Conforming Amendments.--The following provisions of title 10,
United States Code, are amended by inserting ``or 637a'' after
``637(b)'':
(1) Section 633(a).
(2) Section 634(a).
(3) Section 635.
(4) Section 636(a).
SEC. 506. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIREMENT OR
DISCHARGE.
Section 638a of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(4) Convening selection boards under section 611(b) of this
title to consider for early retirement or discharge regular
officers on the active-duty list in a grade below lieutenant
colonel or commander--
``(A) who have served at least one year of active duty in
the grade currently held; and
``(B) whose names are not on a list of officers recommended
for promotion.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) In the case of action under subsection (b)(4), the
Secretary of the military department concerned shall specify the total
number of officers described in that subsection that a selection board
convened under section 611(b) of this title pursuant to the authority
of that subsection may recommend for early retirement or discharge.
Officers who are eligible, or are within two years of becoming
eligible, to be retired under any provision of law (other than by
reason of eligibility pursuant to section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484)), if
selected by the board, shall be retired or retained until becoming
eligible to retire under section 3911, 6323, or 8911 of this title, and
those officers who are otherwise ineligible to retire under any
provision of law shall, if selected by the board, be discharged.
``(2) In the case of action under subsection (b)(4), the Secretary
of the military department concerned may submit to a selection board
convened pursuant to that subsection--
``(A) the names of all eligible officers described in that
subsection, whether or not they are eligible to be retired under
any provision of law, in a particular grade and competitive
category; or
``(B) the names of all eligible officers described in that
subsection in a particular grade and competitive category, whether
or not they are eligible to be retired under any provision of law,
who are also in particular year groups, specialties, or retirement
categories, or any combination thereof, with that competitive
category.
``(3) The number of officers specified under paragraph (1) may not
be more than 30 percent of the number of officers considered.
``(4) An officer who is recommended for discharge by a selection
board convened pursuant to the authority of subsection (b)(4) and whose
discharge is approved by the Secretary concerned shall be discharged on
a date specified by the Secretary concerned.
``(5) Selection of officers for discharge under this subsection
shall be based on the needs of the service.''.
SEC. 507. MODIFICATION OF AUTHORITY TO DROP FROM ROLLS A
COMMISSIONED OFFICER.
Section 1161(b) of title 10, United States Code, is amended by
inserting ``or the Secretary of Defense, or in the case of a
commissioned officer of the Coast Guard, the Secretary of the
department in which the Coast Guard is operating when it is not
operating in the Navy,'' after ``President''.
SEC. 508. EXTENSION OF FORCE MANAGEMENT AUTHORITIES ALLOWING
ENHANCED FLEXIBILITY FOR OFFICER PERSONNEL MANAGEMENT.
(a) Temporary Early Retirement Authority.--Section 4403(i) of the
National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293
note) is amended by striking ``December 31, 2018'' and inserting
``December 31, 2025''.
(b) Continuation on Active Duty.--Section 638a(a)(2) of title 10,
United States Code, is amended by striking ``December 31, 2018'' and
inserting ``December 31, 2025''.
(c) Voluntary Separation Pay.--Section 1175a(k)(1) of such title is
amended by striking ``December 31, 2018'' and inserting ``December 31,
2025''.
(d) Service-in-Grade Waivers.--Section 1370(a)(2)(F) of such title
is amended by striking ``2018'' and inserting ``2025''.
SEC. 509. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
(a) Pilot Programs Authorized.--Each Secretary of a military
department may carry out a pilot program to improve the ability of an
Armed Force under the jurisdiction of the Secretary to recruit cyber
professionals.
(b) Elements.--Under a pilot program established under this
section, an individual who meets educational, physical, and other
requirements determined appropriate by the Secretary of the military
department concerned may receive an original appointment as a
commissioned officer in a cyber specialty.
(c) Consultation.--In developing a pilot program for the Army or
the Air Force under this section, the Secretary of the Army and the
Secretary of the Air Force may consult with the Secretary of the Navy
with respect to an existing, similar program carried out by the
Secretary of the Navy.
(d) Duration.--
(1) Commencement.--The Secretary of a military department may
commence a pilot program under this section on or after January 1,
2017.
(2) Termination.--All pilot programs under this section shall
terminate no later than December 31, 2022.
(e) Status Report.--Not later than January 1, 2020, each Secretary
of a military department who conducts a pilot program under this
section shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report containing an evaluation of
the success of the program in obtaining skilled cyber personnel for the
Armed Forces.
SEC. 510. LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) In General.--Subsection (a) of section 664 of title 10, United
States Code, is amended by striking ``assignment--'' and all that
follows and inserting ``assignment shall be not less than two years.''.
(b) Repeal of Authority for Shorter Length for Officers Initially
Assigned to Critical Occupational Specialties.--Such section is further
amended by striking subsection (c).
(c) Exclusions From Tour Length.--Subsection (d) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking ``the
standards prescribed in subsection (a)'' and inserting ``the
requirement in subsection (a)'';
(2) in paragraph (1)(D), by striking ``assignment--'' and all
that follows and inserting ``assignment as prescribed by the
Secretary of Defense in regulations.'';
(3) by striking paragraph (2);
(4) by redesignating paragraph (3) as paragraph (2); and
(5) in paragraph (2), as redesignated by paragraph (4) of this
subsection, by striking ``the applicable standard prescribed in
subsection (a)'' and inserting ``the requirement in subsection
(a)''.
(d) Repeal of Average Tour Length Requirements.--Such section is
further amended by striking subsection (e).
(e) Full Tour of Duty.--Subsection (f) of such section is amended--
(1) in paragraph (1), by striking ``standards prescribed in
subsection (a)'' and inserting ``the requirement in subsection
(a)'';
(2) by striking paragraphs (2) and (4);
(3) by redesignating paragraphs (3), (5), and (6) as paragraphs
(2), (3), and (4), respectively; and
(4) in paragraph (4), as redesignated by paragraph (3) of this
subsection, by striking ``, but not less than two years''.
(f) Constructive Credit.--Subsection (h) of such section is
amended--
(1) by striking ``(1)'';
(2) by striking ``accord'' and inserting ``award''; and
(3) by striking paragraph (2).
(g) Conforming Amendments.--Such section is further amended--
(1) by redesignating subsections (d), (f), (g), and (h), as
amended by this section, as subsections (c), (d), (e), and (f),
respectively;
(2) in paragraph (2) of subsection (c), as so redesignated and
amended, by striking ``subsection (f)(3)'' and inserting
``subsection (d)(2)''.
(3) paragraph (2) of subsection (d), as so redesignated and
amended, by striking ``subsection (g)'' and inserting ``subsection
(e)'';
(4) in subsection (e), as so redesignated and amended, by
striking ``subsection (f)(3)'' and inserting ``subsection (d)(2)'';
and
(5) in subsection (f), as so redesignated and amended, by
striking ``paragraphs (1), (2), and (4) of subsection (f)'' and
inserting ``subsection (d)(1)''.
SEC. 510A. REVISION OF DEFINITIONS USED FOR JOINT OFFICER MANAGEMENT.
(a) Definition of Joint Matters.--Paragraph (1) of section 668(a)
of title 10, United States Code, is amended to read as follows:
``(1) In this chapter, the term `joint matters' means matters
related to any of the following:
``(A) The development or achievement of strategic objectives
through the synchronization, coordination, and organization of
integrated forces in operations conducted across domains, such as
land, sea, or air, in space, or in the information environment,
including matters relating to any of the following:
``(i) National military strategy.
``(ii) Strategic planning and contingency planning.
``(iii) Command and control, intelligence, fires, movement
and maneuver, protection or sustainment of operations under
unified command.
``(iv) National security planning with other departments
and agencies of the United States.
``(v) Combined operations with military forces of allied
nations.
``(B) Acquisition matters conducted by members of the armed
forces and covered under chapter 87 of this title involved in
developing, testing, contracting, producing, or fielding of multi-
service programs or systems.
``(C) Other matters designated in regulation by the Secretary
of Defense in consultation with the Chairman of the Joint Chiefs of
Staff.''.
(b) Definition of Integrated Forces.--Section 668(a)(2) of title
10, United States Code, is amended in the matter preceding subparagraph
(A)--
(1) by striking ``integrated military forces'' and inserting
``integrated forces''; and
(2) by striking ``the planning or execution (or both) of
operations involving'' and inserting ``achieving unified action
with''.
(c) Definition of Joint Duty Assignment.--Section 668(b)(1) of
title 10, United States Code, is amended by striking subparagraph (A)
and inserting the following new subparagraph:
``(A) shall be limited to assignments in which--
``(i) the preponderance of the duties of the officer
involve joint matters and
``(ii) the officer gains significant experience in joint
matters; and''.
(d) Repeal of Definition of Critical Occupational Speciality.--
Section 668 of title 10, United States Code, is amended by striking
subsection (d).

Subtitle B--Reserve Component Management

SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON TERM OF
SERVICE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505(a)(4) of title 10, United States Code, is amended by
striking ``paragraph (3)(B) for a limited period of time'' and
inserting ``paragraph (3) for not more than 90 days''.
SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECHNICIANS.
(a) In General.--Section 709 of title 32, United States Code, is
amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``; and'' and inserting
``when the appeal concerns activity occurring while the member
is in a military pay status, or concerns fitness for duty in
the reserve components;'';
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new
paragraph (5):
``(5) with respect to an appeal concerning any activity not
covered by paragraph (4), the provisions of sections 7511, 7512,
and 7513 of title 5, and section 717 of the Civil Rights Act of
1991 (42 U.S.C. 2000e-16) shall apply; and''; and
(2) in subsection (g), by striking ``Sections'' and inserting
``Except as provided in subsection (f), sections''.
(b) Definitions.--Section 709 of title 32, United States Code, is
further amended by adding at the end the following new subsection:
``(j) In this section:
``(1) The term `military pay status' means a period of service
where the amount of pay payable to a technician for that service is
based on rates of military pay provided for under title 37.
``(2) The term `fitness for duty in the reserve components'
refers only to military-unique service requirements that attend to
military service generally, including service in the reserve
components or service on active duty.''.
(c) Conforming Amendment.--Section 7511(b) of title 5, United
States Code, is amended by striking paragraph (5).
SEC. 513. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD
TECHNICIANS PERFORMING ACTIVE GUARD AND RESERVE DUTY.
Section 709(g) of title 32, United States Code, as amended by
section 512(a)(2), is further amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) In addition to the sections referred to in paragraph (1),
section 6323(a)(1) of title 5 also does not apply to a person employed
under this section who is performing active Guard and Reserve duty (as
that term is defined in section 101(d)(6) of title 10).''.
SEC. 514. EXTENSION OF REMOVAL OF RESTRICTIONS ON THE TRANSFER OF
OFFICERS BETWEEN THE ACTIVE AND INACTIVE NATIONAL GUARD.
Section 512 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 752; 32 U.S.C. prec. 301 note)
is amended--
(1) in subsection (a) in the matter preceding paragraph (1), by
striking ``December 31, 2016'' and inserting ``December 31, 2019'';
and
(2) in subsection (b) in the matter preceding paragraph (1), by
striking ``December 31, 2016'' and inserting ``December 31, 2019''.
SEC. 515. EXTENSION OF TEMPORARY AUTHORITY TO USE AIR FORCE RESERVE
COMPONENT PERSONNEL TO PROVIDE TRAINING AND INSTRUCTION REGARDING
PILOT TRAINING.
Section 514(a)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 810) is amended by
inserting ``and fiscal year 2017'' after ``During fiscal year 2016''.
SEC. 516. EXPANSION OF ELIGIBILITY FOR DEPUTY COMMANDER OF
COMBATANT COMMAND HAVING UNITED STATES AMONG GEOGRAPHIC AREA OF
RESPONSIBILITY TO INCLUDE OFFICERS OF THE RESERVES.
Section 164(e)(4) of title 10, United States Code, is amended--
(1) by striking ``the National Guard'' and inserting ``a
reserve component of the armed forces''; and
(2) by striking ``a National Guard officer'' and inserting ``a
reserve component officer''.

Subtitle C--General Service Authorities

SEC. 521. MATTERS RELATING TO PROVISION OF LEAVE FOR MEMBERS OF THE
ARMED FORCES, INCLUDING PROHIBITION ON LEAVE NOT EXPRESSLY
AUTHORIZED BY LAW.
(a) Primary and Secondary Caregiver Leave.--Section 701 of title
10, United States Code, is amended--
(1) by striking subsections (i) and (j); and
(2) by inserting after subsection (h) the following new
subsections (i) and (j):
``(i)(1)(A) Under regulations prescribed by the Secretary of
Defense, a member of the armed forces described in paragraph (2) who is
the primary caregiver in the case of the birth of a child is allowed up
to twelve weeks of total leave, including up to six weeks of medical
convalescent leave, to be used in connection with such birth.
``(B) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in paragraph (2) who
is the primary caregiver in the case of the adoption of a child is
allowed up to six weeks of total leave to be used in connection with
such adoption.
``(2) Paragraph (1) applies to the following members:
``(A) A member on active duty.
``(B) A member of a reserve component performing active Guard
and Reserve duty.
``(C) A member of a reserve component subject to an active duty
recall or mobilization order in excess of 12 months.
``(3) The Secretary shall prescribe in the regulations referred to
in paragraph (1) a definition of the term `primary caregiver' for
purposes of this subsection.
``(4) Notwithstanding paragraph (1)(A), a member may receive more
than six weeks of medical convalescent leave in connection with the
birth of a child, but only if the additional medical convalescent
leave--
``(A) is specifically recommended, in writing, by the medical
provider of the member to address a diagnosed medical condition;
and
``(B) is approved by the commander of the member.
``(5) Any leave taken by a member under this subsection, including
leave under paragraphs (1) and (4), may be taken only in one increment
in connection with such birth or adoption.
``(6)(A) Any leave authorized by this subsection that is not taken
within one year of such birth or adoption shall be forfeited.
``(B) Any leave authorized by this subsection for a member of a
reserve component on active duty that is not taken by the time the
member is separated from active duty shall be forfeited at that time.
``(7) The period of active duty of a member of a reserve component
may not be extended in order to permit the member to take leave
authorized by this subsection.
``(8) Under the regulations prescribed for purposes of this
subsection, a member taking leave under paragraph (1) may, as a
condition for taking such leave, be required--
``(A) to accept an extension of the member's current service
obligation, if any, by one week for every week of leave taken under
paragraph (1); or
``(B) to incur a reduction in the member's leave account by one
week for every week of leave taken under paragraph (1).
``(9)(A) Leave authorized by this subsection is in addition to any
other leave provided under other provisions of this section.
``(B) Medical convalescent leave under paragraph (4) is in addition
to any other leave provided under other provisions of this subsection.
``(10)(A) Subject to subparagraph (B), a member taking leave under
paragraph (1) during a period of obligated service shall not be
eligible for terminal leave, or to sell back leave, at the end such
period of obligated service.
``(B) Under the regulations for purposes of this subsection, the
Secretary concerned may waive, whether in whole or in part, the
applicability of subparagraph (A) to a member who reenlists at the end
of the member's period of obligated service described in that
subparagraph if the Secretary determines that the waiver is in the
interests of the armed force concerned.
``(j)(1) Under regulations prescribed by the Secretary of Defense,
a member of the armed forces described in subsection (i)(2) who is the
secondary caregiver in the case of the birth of a child or the adoption
of a child is allowed up to 21 days of leave to be used in connection
with such birth or adoption.
``(2) The Secretary shall prescribe in the regulations referred to
in paragraph (1) a definition of the term `secondary caregiver' for
purposes of this subsection.
``(3) Any leave taken by a member under this subsection may be
taken only in one increment in connection with such birth or adoption.
``(4) Under the regulations prescribed for purposes of this
subsection, paragraphs (6) through (10) of subsection (i) (other than
paragraph (9)(B) of such subsection) shall apply to leave, and the
taking of leave, authorized by this subsection.''.
(b) Prohibition on Leave Not Expressly Authorized by Law.--
(1) Prohibition.--Chapter 40 of title 10, United States Code,
is amended by inserting after section 704 the following new
section:
``Sec. 704a. Administration of leave: prohibition on authorizing,
granting, or assigning leave not expressly authorized by law
``No member or category of members of the armed forces may be
authorized, granted, or assigned leave, including uncharged leave, not
expressly authorized by a provision of this chapter or another statute
unless expressly authorized by an Act of Congress enacted after the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2017.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 40 of title 10, United States Code, is amended by
inserting after the item relating to section 704 the following new
item:

``704a. Administration of leave: prohibition on authorizing, granting,
or assigning leave not expressly authorized by law.''.
SEC. 522. TRANSFER OF PROVISION RELATING TO EXPENSES INCURRED IN
CONNECTION WITH LEAVE CANCELED DUE TO CONTINGENCY OPERATIONS.
(a) Enactment in Title 10, United States Code, of Authority for
Reimbursement of Expenses.--Chapter 40 of title 10, United States Code,
is amended by inserting after section 709 the following new section:
``Sec. 709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement
``(a) Authorization To Reimburse.--The Secretary concerned may
reimburse a member of the armed forces under the jurisdiction of the
Secretary for travel and related expenses (to the extent not otherwise
reimbursable under law) incurred by the member as a result of the
cancellation of previously approved leave when--
``(1) the leave is canceled in connection with the member's
participation in a contingency operation; and
``(2) the cancellation occurs within 48 hours of the time the
leave would have commenced.
``(b) Regulations.--The Secretary of Defense and, in the case of
the Coast Guard when it is not operating as a service in the Navy, the
Secretary of Homeland Security shall prescribe regulations to establish
the criteria for the applicability of subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final and
conclusive.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 40 of such title is amended by inserting after the item
relating to section 709 the following new item:

``709a. Expenses incurred in connection with leave canceled due to
contingency operations: reimbursement.''.

(c) Repeal of Superseded Authority.--Section 453 of title 37,
United States Code, is amended by striking subsection (g).
SEC. 523. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY
INSTRUMENTS.
(a) Expansion of Authority To Execute Military Testamentary
Instruments.--Section 1044d(c) of title 10, United States Code, is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) the execution of the instrument is notarized by--
``(A) a military legal assistance counsel;
``(B) a person who is authorized to act as a notary under
section 1044a of this title who--
``(i) is not an attorney; and
``(ii) is supervised by a military legal assistance
counsel; or
``(C) a State-licensed notary employed by a military
department or the Coast Guard who is supervised by a military
legal assistance counsel;''; and
(2) in paragraph (3), by striking ``presiding attorney'' and
inserting ``person notarizing the instrument in accordance with
paragraph (2)''.
(b) Expansion of Authority To Notarize Documents to Civilians
Serving in Military Legal Assistance Offices.--Section 1044a(b) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(6) All civilian paralegals serving at military legal
assistance offices, supervised by a military legal assistance
counsel (as defined in section 1044d(g) of this title).''.
SEC. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARATION FOR
MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN
INJURY IN CONNECTION WITH SEXUAL ASSAULT.
Section 1177(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``, or sexually assaulted,'' after ``deployed
overseas in support of a contingency operation''; and
(2) by inserting ``or based on such sexual assault,'' after
``while deployed,''.
SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY RETIRED
LIST.
(a) Reduction of Tenure.--Section 1210 of title 10, United States
Code, is amended--
(1) in subsection (b), by striking ``five years'' and inserting
``three years''; and
(2) in subsection (h), by striking ``five years'' and inserting
``three years''.
(b) Applicability.--The amendments made by subsection (a) shall
take effect on January 1, 2017, and shall apply to members of the Armed
Forces whose names are placed on the temporary disability retired list
on or after that date.
SEC. 526. TECHNICAL CORRECTION TO VOLUNTARY SEPARATION PAY AND
BENEFITS.
Section 1175a(j) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``or 12304'' and inserting ``12304, 12304a,
or 12304b''; and
(B) by striking ``502(f)(1)'' and inserting
``502(f)(1)(A)''; and
(2) in paragraph (3), by striking ``502(f)(2)'' and inserting
``502(f)(1)(B)''.
SEC. 527. CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM ON
CONSOLIDATED ARMY RECRUITING.
(a) Consolidation of Army Marketing.--Not later than October 1,
2017, the Secretary of the Army shall consolidate into a single
organization within the Department of the Army all functions relating
to the marketing of the Army and each of the components of the Army in
order to assure unity of effort and cost effectiveness in the marketing
of the Army and each of the components of the Army.
(b) Pilot Program on Consolidated Army Recruiting.--
(1) Pilot program required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army shall
carry out a pilot program to consolidate the recruiting efforts of
the Regular Army, Army Reserve, and Army National Guard under which
a recruiter in one of the components participating in the pilot
program may recruit individuals to enlist in any of the components
regardless of the funding source of the recruiting activity.
(2) Credit toward enlistment goals.--Under the pilot program, a
recruiter shall receive credit toward periodic enlistment goals for
each enlistment regardless of the component in which the individual
enlists.
(3) Duration.--The Secretary shall carry out the pilot program
for a period of not less than three years.
(c) Briefing and Reports.--
(1) Briefing on consolidation plan.--Not later than March 1,
2017, the Secretary of the Army shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the Secretary's plan to carry out the Army marketing
consolidation required by subsection (a).
(2) Interim report on pilot program.--
(A) In general.--Not later than one year after the date on
which the pilot program under subsection (b) commences, the
Secretary shall submit to the congressional committees
specified in paragraph (1) a report on the pilot program.
(B) Elements.--The report under subparagraph (A) shall
include each of the following:
(i) An analysis of the effects that consolidated
recruiting efforts has on the overall ability of recruiters
to attract and place qualified candidates.
(ii) A determination of the extent to which
consolidating recruiting efforts affects efficiency and
recruiting costs.
(iii) An analysis of any challenges associated with a
recruiter working to recruit individuals to enlist in a
component in which the recruiter has not served.
(iv) An analysis of the satisfaction of recruiters and
the component recruiting commands with the pilot program.
(3) Final report on pilot program.--Not later than 180 days
after the date on which the pilot program is completed, the
Secretary shall submit to the congressional committees specified in
paragraph (1) a final report on the pilot program. The final report
shall include any recommendations of the Secretary with respect to
extending or making permanent the pilot program and a description
of any related legislative actions that the Secretary considers
appropriate.

Subtitle D--Member Whistleblower Protections and Correction of Military
Records

SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCEDURES.
(a) Actions Treatable as Prohibited Personnel Actions.--Paragraph
(2) of section 1034(b) of title 10, United States Code, is amended to
read as follows:
``(2)(A) The actions considered for purposes of this section to be
a personnel action prohibited by this subsection shall include any
action prohibited by paragraph (1), including any of the following:
``(i) The threat to take any unfavorable action.
``(ii) The withholding, or threat to withhold, any favorable
action.
``(iii) The making of, or threat to make, a significant change
in the duties or responsibilities of a member of the armed forces
not commensurate with the member's grade.
``(iv) The failure of a superior to respond to any retaliatory
action or harassment (of which the superior had actual knowledge)
taken by one or more subordinates against a member.
``(v) The conducting of a retaliatory investigation of a
member.
``(B) In this paragraph, the term `retaliatory investigation' means
an investigation requested, directed, initiated, or conducted for the
primary purpose of punishing, harassing, or ostracizing a member of the
armed forces for making a protected communication.
``(C) Nothing in this paragraph shall be construed to limit the
ability of a commander to consult with a superior in the chain of
command, an inspector general, or a judge advocate general on the
disposition of a complaint against a member of the armed forces for an
allegation of collateral misconduct or for a matter unrelated to a
protected communication. Such consultation shall provide an affirmative
defense against an allegation that a member requested, directed,
initiated, or conducted a retaliatory investigation under this
section.''.
(b) Action in Response to Hardship in Connection With Personnel
Actions.--Section 1034 of title 10, United States Code, is amended--
(1) in subsection (c)(4)--
(A) by redesignating subparagraph (E) as subparagraph (F);
and
(B) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) If the Inspector General makes a preliminary determination in
an investigation under subparagraph (D) that, more likely than not, a
personnel action prohibited by subsection (b) has occurred and the
personnel action will result in an immediate hardship to the member
alleging the personnel action, the Inspector General shall promptly
notify the Secretary of the military department concerned or the
Secretary of Homeland Security, as applicable, of the hardship, and
such Secretary shall take such action as such Secretary considers
appropriate.''; and
(2) in subsection (e)(1), by striking ``subsection (c)(4)(E)''
and inserting ``subsection (c)(4)(F)''.
(c) Periodic Notice to Members on Progress of Inspector General
Investigations.--Paragraph (3) of section 1034(e) of title 10, United
States Code, is amended to read as follows:
``(3)(A) Not later than 180 days after the commencement of an
investigation of an allegation under subsection (c)(4), and every 180
days thereafter until the transmission of the report on the
investigation under paragraph (1) to the member concerned, the
Inspector General conducting the investigation shall submit a notice on
the investigation described in subparagraph (B) to the following:
``(i) The member.
``(ii) The Secretary of Defense.
``(iii) The Secretary of the military department concerned, or
the Secretary of Homeland Security in the case of a member of the
Coast Guard when the Coast Guard is not operating as a service in
the Navy.
``(B) Each notice on an investigation under subparagraph (A) shall
include the following:
``(i) A description of the current progress of the
investigation.
``(ii) An estimate of the time remaining until the completion
of the investigation and the transmittal of the report required by
paragraph (1) to the member concerned.''.
(d) Correction of Records.--Paragraph (2) of section 1034(g) of
title 10, United States Code, is amended to read as follows:
``(2) In resolving an application described in paragraph (1) for
which there is a report of the Inspector General under subsection
(e)(1), a correction board--
``(A) shall review the report of the Inspector General;
``(B) may request the Inspector General to gather further
evidence;
``(C) may receive oral argument, examine and cross-examine
witnesses, and take depositions; and
``(D) shall consider a request by a member or former member in
determining whether to hold an evidentiary hearing.''.
(e) Uniform Standards for Inspector General Investigations of
Prohibited Personnel Actions and Other Matters.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall prescribe uniform standards for the following:
(A) The investigation of allegations of prohibited
personnel actions under section 1034 of title 10, United States
Code (as amended by this section), by the Inspector General and
the Inspectors General of the military departments.
(B) The training of the staffs of the Inspectors General
referred to in subparagraph (A) on the conduct of
investigations described in that subparagraph.
(2) Use.--Commencing 180 days after prescription of the
standards required by paragraph (1), the Inspectors General
referred to in that paragraph shall comply with such standards in
the conduct of investigations described in that paragraph and in
the training of the staffs of such Inspectors General in the
conduct of such investigations.
SEC. 532. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORITIES TO
RESTRICT CONTRARY FINDINGS OF PROHIBITED PERSONNEL ACTION BY THE
SECRETARY CONCERNED.
(a) In General.--Section 1034(f) of title 10, United States Code,
is amended--
(1) in the subsection heading, by striking ``Violations'' and
inserting ``Substantiated Violations''; and
(2) in paragraph (1), by striking ``there is sufficient basis''
and all that follows and inserting ``corrective or disciplinary
action should be taken. If the Secretary concerned determines that
corrective or disciplinary action should be taken, the Secretary
shall take appropriate corrective or disciplinary action.''.
(b) Actions Following Determinations.--Paragraph (2) of such
section is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``the Secretary concerned determines under
paragraph (1)'' and inserting ``the Inspector General
determines''; and
(B) by striking ``the Secretary shall'' and inserting ``the
Secretary concerned shall'';
(2) in subparagraph (A), by inserting ``, including referring
the report to the appropriate board for the correction of military
records'' before the semicolon; and
(3) by striking subparagraph (B) and inserting the following
new subparagraph (B):
``(B) submit to the Inspector General a report on the actions
taken by the Secretary pursuant to this paragraph, and provide for
the inclusion of a summary of the report under this subparagraph
(with any personally identifiable information redacted) in the
semiannual report to Congress of the Inspector General of the
Department of Defense or the Inspector General of the Department of
Homeland Security, as applicable, under section 5 of the Inspector
General Act of 1978 (5 U.S.C. App.).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to reports received by the Secretaries of the military
departments and the Secretary of Homeland Security under section
1034(e) of title 10, United States Code, on or after that date.
SEC. 533. AVAILABILITY OF CERTAIN CORRECTION OF MILITARY RECORDS
AND DISCHARGE REVIEW BOARD INFORMATION THROUGH THE INTERNET.
(a) Board for the Correction of Military Records.--Section 1552 of
title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Each board established under this section shall make
available to the public each calender quarter, on an Internet website
of the military department concerned or the Department of Homeland
Security, as applicable, that is available to the public the following:
``(1) The number of claims considered by such board during the
calendar quarter preceding the calender quarter in which such
information is made available, including cases in which a mental
health condition of the claimant, including post-traumatic stress
disorder or traumatic brain injury, is alleged to have contributed,
whether in whole or part, to the original characterization of the
discharge or release of the claimant.
``(2) The number of claims submitted during the calendar
quarter preceding the calender quarter in which such information is
made available that relate to service by a claimant during a war or
contingency operation, catalogued by each war or contingency
operation.
``(3) The number of military records corrected pursuant to the
consideration described in paragraph (1) to upgrade the
characterization of discharge or release of claimants.''.
(b) Discharge Review Board.--Section 1553 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(f) Each board established under this section shall make
available to the public each calender quarter, on an Internet website
of the military department concerned or the Department of Homeland
Security, as applicable, that is available to the public the following:
``(1) The number of motions or requests for review considered
by such board during the calendar quarter preceding the calender
quarter in which such information is made available, including
cases in which a mental health condition of the former member,
including post-traumatic stress disorder or traumatic brain injury,
is alleged to have contributed, whether in whole or part, to the
original characterization of the discharge or dismissal of the
former member.
``(2) The number of claims submitted during the calendar
quarter preceding the calender quarter in which such information is
made available that relate to service by a claimant during a war or
contingency operation, catalogued by each war or contingency
operation.
``(3) The number of discharges or dismissals corrected pursuant
to the consideration described in paragraph (1) to upgrade the
characterization of discharge or dismissal of former members.''.
SEC. 534. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR THE
CORRECTION OF MILITARY RECORDS.
(a) Procedures of Boards.--Paragraph (3) of section 1552(a) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraphs:
``(B) If a board makes a preliminary determination that a claim
under this section lacks sufficient information or documents to support
the claim, the board shall notify the claimant, in writing, indicating
the specific information or documents necessary to make the claim
complete and reviewable by the board.
``(C) If a claimant is unable to provide military personnel or
medical records applicable to a claim under this section, the board
shall make reasonable efforts to obtain the records. A claimant shall
provide the board with documentary evidence of the efforts of the
claimant to obtain such records. The board shall inform the claimant of
the results of the board's efforts, and shall provide the claimant
copies of any records so obtained upon request of the claimant.
``(D) Any request for reconsideration of a determination of a board
under this section, no matter when filed, shall be reconsidered by a
board under this section if supported by materials not previously
presented to or considered by the board in making such
determination.''.
(b) Publication of Final Decisions of Boards.--Such section is
further amended by adding at the end the following new paragraph:
``(5) Each final decision of a board under this subsection shall be
made available to the public in electronic form on a centralized
Internet website. In any decision so made available to the public there
shall be redacted all personally identifiable information.''.
(c) Training of Members of Boards.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall develop and
implement a comprehensive training curriculum for members of boards
for the correction of military records under the jurisdiction of
such Secretary in the duties of such boards under section 1552 of
title 10, United States Code. The curriculum shall address all
areas of administrative law applicable to the duties of such
boards.
(2) Uniform curricula.--The Secretary of Defense and the
Secretary of Homeland Security shall jointly ensure that the
curricula developed and implemented pursuant to this subsection
are, to the extent practicable, uniform.
(3) Training.--
(A) In general.--Each member of a board for the correction
of military records shall undergo retraining (consistent with
the curriculum developed and implemented pursuant to this
subsection) regarding the duties of boards for the correction
of military records under section 1552 of title 10, United
States Code, at least once every five years during the member's
tenure on the board.
(B) Current members.--Each member of a board for the
correction of military records as of the date of the
implementation of the curriculum required by paragraph (1) (in
this paragraph referred to as the ``curriculum implementation
date'') shall undergo training described in subparagraph (A)
not later than 90 days after the curriculum implementation
date.
(C) New members.--Each individual who becomes a member of a
board for the correction of military records after the
curriculum implementation date shall undergo training described
in subparagraph (A) by not later than 90 days after the date on
which such individual becomes a member of the board.
(4) Reports.--Not later than 18 months after the date of the
enactment of this Act, each Secretary concerned shall submit to
Congress a report setting forth the following:
(A) A description and assessment of the progress made by
such Secretary in implementing training requirements for
members of boards for the correction of military records under
the jurisdiction of such Secretary.
(B) A detailed description of the training curriculum
required of such Secretary by paragraph (1).
(C) A description and assessment of any impediments to the
implementation of training requirements for members of boards
for the correction of military records under the jurisdiction
of such Secretary.
(5) Secretary concerned defined.--In this subsection, the term
``Secretary concerned'' means a ``Secretary concerned'' as that
term is used in section 1552 of title 10, United States Code.
SEC. 535. TREATMENT BY DISCHARGE REVIEW BOARDS OF CLAIMS ASSERTING
POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY IN
CONNECTION WITH COMBAT OR SEXUAL TRAUMA AS A BASIS FOR REVIEW OF
DISCHARGE.
Section 1553(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) In addition to the requirements of paragraphs (1) and (2),
in the case of a former member described in subparagraph (B), the Board
shall--
``(i) review medical evidence of the Secretary of Veterans
Affairs or a civilian health care provider that is presented by the
former member; and
``(ii) review the case with liberal consideration to the former
member that post-traumatic stress disorder or traumatic brain
injury potentially contributed to the circumstances resulting in
the discharge of a lesser characterization.
``(B) A former member described in this subparagraph is a former
member described in paragraph (1) or a former member whose application
for relief is based in whole or in part on matters relating to post-
traumatic stress disorder or traumatic brain injury as supporting
rationale, or as justification for priority consideration, whose post-
traumatic stress disorder or traumatic brain injury is related to
combat or military sexual trauma, as determined by the Secretary
concerned.''.
SEC. 536. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF
INTEGRITY OF DEPARTMENT OF DEFENSE WHISTLEBLOWER PROGRAM.
(a) Report Required.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth a review of the
integrity of the Department of Defense whistleblower program.
(b) Elements.--The review for purposes of the report required by
subsection (a) shall include the following elements:
(1) An assessment of the extent to which the Department of
Defense whistleblower program meets executive branch policies and
goals for whistleblower protections.
(2) An assessment of the adequacy of procedures to handle and
address complaints submitted by employees in the Office of the
Inspector General of the Department of Defense to ensure that such
employees themselves are able to disclose a suspected violation of
law, rule, or regulation without fear of reprisal.
(3) An assessment of the extent to which there have been
violations of standards used in regard to the protection of
confidentiality provided to whistleblowers by the Inspector General
of the Department of Defense.
(4) An assessment of the extent to which there have been
incidents of retaliatory investigations against whistleblowers
within the Office of the Inspector General.
(5) An assessment of the extent to which the Inspector General
of the Department of Defense has thoroughly investigated and
substantiated allegations within the past 10 years against civilian
officials of the Department of Defense appointed to their positions
by and with the advice and consent of the Senate, and whether
Congress has been notified of the results of such investigations.
(6) An assessment of the ability of the Inspector General of
the Department of Defense and the Inspectors General of the
military departments to access agency information necessary to the
execution of their duties, including classified and other sensitive
information, and an assessment of the adequacy of security
procedures to safeguard such classified or sensitive information
when so accessed.

Subtitle E--Military Justice and Legal Assistance Matters

SEC. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
(a) Clarification of Authority of Judges of the Court To Administer
Oaths and Acknowledgments.--Subsection (c) of section 936 of title 10,
United States Code (article 136 of the Uniform Code of Military
Justice), is amended to read as follows:
``(c) Each judge and senior judge of the United States Court of
Appeals for the Armed Forces shall have the powers relating to oaths,
affirmations, and acknowledgments provided to justices and judges of
the United States by section 459 of title 28.''.
(b) Modification of Term of Judges of the Court to Restore Rotation
of Judges.--
(1) Early retirement authorized for one current judge.--If the
judge of the United States Court of Appeals for the Armed Forces
who is the junior in seniority of the two judges of the court whose
terms of office under section 942(b)(2) of title 10, United States
Code (article 142(b)(2) of the Uniform Code of Military Justice),
expire on July 31, 2021, chooses to retire one year early, that
judge--
(A) may retire from service on the court effective August
1, 2020; and
(B) shall be treated, upon such retirement, for all
purposes as having completed a term of service for which the
judge was appointed as a judge of the court.
(2) Staggering of future appointments.--Section 942(b)(2) of
title 10, United States Code (article 142(b)(2) of the Uniform Code
of Military Justice), is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively; and
(C) by adding at the end the following new subparagraph:
``(B) If at the time of the appointment of a judge the date that is
otherwise applicable under subparagraph (A) for the expiration of the
term of service of the judge is the same as the date for the expiration
of the term of service of a judge already on the court, then the term
of the judge being appointed shall expire on the first July 31 after
such date on which no term of service of a judge already on the court
will expire.''.
(3) Application of amendments.--The amendments made by
paragraph (2) shall apply with respect to appointments to the
United States Court of Appeals for the Armed Forces that are made
on or after the date of the enactment of this Act.
(c) Repeal of Requirement Relating to Political Party Status of
Judges of the Court.--Section 942(b)(3) of title 10, United States Code
(article 142(b)(3) of the Uniform Code of Military Justice), is amended
by striking ``Not more than three of the judges of the court may be
appointed from the same political party, and no'' and by inserting
``No''.
(d) Modification of Daily Rate of Compensation for Senior Judges
Performing Judicial Duties With the Court.--Section 942(e)(2) of title
10, United States Code (article 142(e)(2) of the Uniform Code of
Military Justice), is amended by striking ``equal to'' and all that
follows and inserting ``equal to the difference between--
``(A) the daily equivalent of the annual rate of pay provided
for a judge of the court; and
``(B) the daily equivalent of the annuity of the judge under
section 945 of this title (article 145), the applicable provisions
of title 5, or any other retirement system for employees of the
Federal Government under which the senior judge receives an
annuity.''.
(e) Repeal of Dual Compensation Provision Relating to Judges of the
Court.--Section 945 of title 10, United States Code (article 145 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (d), by striking ``subsection (g)(1)(B)'' and
inserting ``subsection (f)(1)(B)'';
(2) by striking subsection (f); and
(3) by redesignating subsections (g), (h), and (i) as
subsections (f), (g), and (h), respectively.
SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MARTIAL AND
PILOT PROGRAMS ON PROFESSIONAL MILITARY JUSTICE DEVELOPMENT FOR
JUDGE ADVOCATES.
(a) Program for Effective Prosecution and Defense.--The Secretary
concerned shall carry out a program to ensure that--
(1) trial counsel and defense counsel detailed to prosecute or
defend a court-martial have sufficient experience and knowledge to
effectively prosecute or defend the case; and
(2) a deliberate professional developmental process is in place
to ensure effective prosecution and defense in all courts-martial.
(b) Military Justice Experience Designators or Skill Identifiers.--
The Secretary concerned shall establish and use a system of military
justice experience designators or skill identifiers for purposes of
identifying judge advocates with skill and experience in military
justice proceedings in order to ensure that judge advocates with
experience and skills identified through such experience designators or
skill identifiers are assigned to develop less experienced judge
advocates in the prosecution and defense in courts-martial under a
program carried out pursuant to subsection (a).
(c) Pilot Programs on Professional Developmental Process for Judge
Advocates.--
(1) Purpose.--The Secretary concerned shall carry out a pilot
program to assess the feasibility and advisability of establishing
a deliberate professional developmental process for judge advocates
under the jurisdiction of the Secretary that leads to judge
advocates with military justice expertise serving as military
justice practitioners capable of prosecuting and defending complex
cases in military courts-martial.
(2) Additional matters.--A pilot program may also assess such
other matters related to professional military justice development
for judge advocates as the Secretary concerned considers
appropriate.
(3) Duration.--Each pilot program shall be for a period of five
years.
(4) Report.--Not later than four years after the date of the
enactment of this Act, the Secretary concerned shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot programs conducted under this
section. The report shall include the following:
(A) A description and assessment of each pilot program.
(B) Such recommendations as the Secretary considers
appropriate in light of the pilot programs, including whether
any pilot program should be extended or made permanent.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION
AND RESPONSE EFFORTS OF THE ARMED FORCES OF INFORMATION ON
COMPLAINTS OF RETALIATION IN CONNECTION WITH REPORTS OF SEXUAL
ASSAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is
amended by adding at the end the following new paragraph:
``(12) Information on each claim of retaliation in connection
with a report of sexual assault in the Armed Force made by or
against a member of such Armed Force as follows:
``(A) A narrative description of each complaint.
``(B) The nature of such complaint, including whether the
complainant claims professional or social retaliation.
``(C) The gender of the complainant.
``(D) The gender of the individual claimed to have
committed the retaliation.
``(E) The nature of the relationship between the
complainant and the individual claimed to have committed the
retaliation.
``(F) The nature of the relationship, if any, between the
individual alleged to have committed the sexual assault
concerned and the individual claimed to have committed the
retaliation.
``(G) The official or office that received the complaint.
``(H) The organization that investigated or is
investigating the complaint.
``(I) The current status of the investigation.
``(J) If the investigation is complete, a description of
the results of the investigation, including whether the results
of the investigation were provided to the complainant.
``(K) If the investigation determined that retaliation
occurred, whether the retaliation was an offense under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice).''.
SEC. 544. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT REGARDING
SEXUAL ASSAULTS AND COORDINATION WITH RELEASE OF FAMILY ADVOCACY
PROGRAM REPORT.
Section 1631 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4433; 10 U.S.C.
1561 note) is amended--
(1) in subsection (a), by striking ``March 1, 2017'' and
inserting ``March 1, 2021''; and
(2) by adding at the end the following new subsection:
``(g) Coordination of Release Date Between Annual Reports Regarding
Sexual Assaults and Family Advocacy Report.--The Secretary of Defense
shall ensure that the reports required under subsection (a) for a given
year are delivered to the Committees on Armed Services of the Senate
and House of Representatives simultaneously with the Family Advocacy
Program report for that year regarding child abuse and domestic
violence, as required by section 574 of the National Defense
Authorization Act for Fiscal Year 2017.''.
SEC. 545. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED FORCES TO
PREVENT AND RESPOND TO RETALIATION IN CONNECTION WITH REPORTS OF
SEXUAL ASSAULT IN THE ARMED FORCES.
(a) Metrics Required.--The Sexual Assault Prevention and Response
Office of the Department of Defense shall establish and issue to the
military departments metrics to be used to evaluate the efforts of the
Armed Forces to prevent and respond to retaliation in connection with
reports of sexual assault in the Armed Forces.
(b) Best Practices.--For purposes of enhancing and achieving
uniformity in the efforts of the Armed Forces to prevent and respond to
retaliation in connection with reports of sexual assault in the Armed
Forces, the Sexual Assault Prevention and Response Office shall
identify and issue to the military departments best practices to be
used in the prevention of and response to retaliation in connection
with such reports.
SEC. 546. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO
INVESTIGATE CLAIMS OF RETALIATION.
(a) Training Regarding Nature and Consequences of Retaliation.--The
Secretary of Defense shall ensure that the personnel of the Department
of Defense specified in subsection (b) who investigate claims of
retaliation receive training on the nature and consequences of
retaliation, and, in cases involving reports of sexual assault, the
nature and consequences of sexual assault trauma. The training shall
include such elements as the Secretary shall specify for purposes of
this section.
(b) Covered Personnel.--The personnel of the Department of Defense
covered by subsection (a) are the following:
(1) Personnel of military criminal investigation services.
(2) Personnel of Inspectors General offices.
(3) Personnel of any command of the Armed Forces who are
assignable by the commander of such command to investigate claims
of retaliation made by or against members of such command.
(c) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act of Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 547. NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF
INVESTIGATIONS INTO RETALIATION.
(a) Notification Required.--
(1) Members of the army, navy, air force, and marine corps.--
Under regulations prescribed by the Secretary of Defense, upon the
conclusion of an investigation by an office, element, or personnel
of the Department of Defense or of the Armed Forces of a complaint
by a member of the Armed Forces of retaliation, the member shall be
informed in writing of the results of the investigation, including
whether the complaint was substantiated, unsubstantiated, or
dismissed.
(2) Members of coast guard.--The Secretary of Homeland Security
shall provide in a similar manner for notification in writing of
the results of investigations by offices, elements, or personnel of
the Department of Homeland Security or of the Coast Guard of
complaints of retaliation made by members of the Coast Guard when
it is not operating as a service in the Navy.
(b) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act of Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 548. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT FOR
PURPOSES OF INVESTIGATIONS BY COMMANDING OFFICERS OF COMPLAINTS
OF HARASSMENT.
(a) In General.--Section 1561(e) of title 10, United States Code,
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``(constituting a form of sex discrimination)''; and
(B) in subparagraph (B), by striking ``the work
environment'' and inserting ``the environment''; and
(2) in paragraph (3), by striking ``in the workplace''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to complaints described in section 1561 of title 10,
United States Code, that are first received by a commanding officer or
officer in charge on or after that date.
SEC. 549. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND RESPONSE
TO HAZING IN THE ARMED FORCES.
(a) Anti-Hazing Database.--The Secretary of Defense shall provide
for the establishment and use of a comprehensive and consistent data-
collection system for the collection of reports, including anonymous
reports, of incidents of hazing involving a member of the Armed Forces.
The Secretary shall issue department-wide guidance regarding the
availability and use of the database, including information on
protected classes, such as race and religion, who are often the victims
of hazing.
(b) Improved Training.--Each Secretary of a military department, in
consultation with the Chief of Staff of each Armed Force under the
jurisdiction of such Secretary, shall seek to improve training to
assist members of the Armed Forces better recognize, prevent, and
respond to hazing at all command levels.
(c) Annual Reports on Hazing.--
(1) Report required.--Not later than January 31 of each year
through January 31, 2021, each Secretary of a military department,
in consultation with the Chief of Staff of each Armed Force under
the jurisdiction of such Secretary, shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report containing a description of efforts during the previous
year--
(A) to prevent and to respond to incidents of hazing
involving members of the Armed Forces;
(B) to track and encourage reporting, including reporting
anonymously, incidents of hazing in the Armed Force; and
(C) to ensure the consistent implementation of anti-hazing
policies.
(2) Additional elements.--Each report required by this
subsection also shall address the same elements originally
addressed in the anti-hazing reports required by section 534 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1726).

Subtitle F--National Commission on Military, National, and Public
Service

SEC. 551. PURPOSE, SCOPE, AND DEFINITIONS.
(a) Purpose.--The purpose of this subtitle is to establish the
National Commission on Military, National, and Public Service to--
(1) conduct a review of the military selective service process
(commonly referred to as ``the draft''); and
(2) consider methods to increase participation in military,
national, and public service in order to address national security
and other public service needs of the Nation.
(b) Scope of Review.--In order to provide the fullest understanding
of the matters required under the review under subsection (a), the
Commission shall consider--
(1) the need for a military selective service process,
including the continuing need for a mechanism to draft large
numbers of replacement combat troops;
(2) means by which to foster a greater attitude and ethos of
service among United States youth, including an increased
propensity for military service;
(3) the feasibility and advisability of modifying the military
selective service process in order to obtain for military,
national, and public service individuals with skills (such as
medical, dental, and nursing skills, language skills, cyber skills,
and science, technology, engineering, and mathematics (STEM)
skills) for which the Nation has a critical need, without regard to
age or sex; and
(4) the feasibility and advisability of including in the
military selective service process, as so modified, an eligibility
or entitlement for the receipt of one or more Federal benefits
(such as educational benefits, subsidized or secured student loans,
grants or hiring preferences) specified by the Commission for
purposes of the review.
(c) Definitions.--In this subtitle:
(1) The term ``military service'' means active service (as that
term is defined in subsection (d)(3) of section 101 of title 10,
United States Code) in one of the uniformed services (as that term
is defined in subsection (a)(5) of such section).
(2) The term ``national service'' means civilian employment in
Federal or State Government in a field in which the Nation and the
public have critical needs.
(3) The term ``public service'' means civilian employment in
any non-governmental capacity, including with private for-profit
organizations and non-profit organizations (including with
appropriate faith-based organizations), that pursues and enhances
the common good and meets the needs of communities, the States, or
the Nation in sectors related to security, health, care for the
elderly, and other areas considered appropriate by the Commission
for purposes of this subtitle.
SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REGISTRATION
SYSTEM UNDER MILITARY SELECTIVE SERVICE ACT.
(a) Report Required.--To assist the Commission in carrying out its
duties under this subtitle, the Secretary of Defense shall--
(1) submit, not later than July 1, 2017, to the Committees on
Armed Services of the Senate and the House of Representatives and
to the Commission a report on the current and future need for a
centralized registration system under the Military Selective
Service Act (50 U.S.C. 3801 et seq.); and
(2) provide a briefing on the results of the report.
(b) Elements of Report.--The report required by subsection (a)
shall include the following:
(1) A detailed analysis of the current benefits derived, both
directly and indirectly, from the Military Selective Service
System, including--
(A) the extent to which mandatory registration benefits
military recruiting;
(B) the extent to which a national registration capability
serves as a deterrent to potential enemies of the United
States; and
(C) the extent to which expanding registration to include
women would impact these benefits.
(2) An analysis of the functions currently performed by the
Selective Service System that would be assumed by the Department of
Defense in the absence of a national registration capability.
(3) An analysis of the systems, manpower, and facilities that
would be needed by the Department to physically mobilize inductees
in the absence of the Selective Service System.
(4) An analysis of the feasibility and utility of eliminating
the current focus on mass mobilization of primarily combat troops
in favor of a system that focuses on mobilization of all military
occupational specialties, and the extent to which such a change
would impact the need for both male and female inductees.
(5) A detailed analysis of the Department's personnel needs in
the event of an emergency requiring mass mobilization, including--
(A) a detailed timeline, along with the factors considered
in arriving at this timeline, of when the Department would
require--
(i) the first inductees to report for service;
(ii) the first 100,000 inductees to report for service;
and
(iii) the first medical personnel to report for
service; and
(B) an analysis of any additional critical skills that
would be needed in the event of a national emergency, and a
timeline for when the Department would require the first
inductees to report for service.
(6) A list of the assumptions used by the Department when
conducting its analysis in preparing the report.
(c) Comptroller General Review.--Not later than December 1, 2017,
the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives and to the Commission a review of the procedures used
by the Department of Defense in evaluating selective service
requirements.
SEC. 553. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC
SERVICE.
(a) Establishment.--There is established in the executive branch an
independent commission to be known as the National Commission on
Military, National, and Public Service (in this subtitle referred to as
the ``Commission''). The Commission shall be considered an independent
establishment of the Federal Government as defined by section 104 of
title 5, United States Code, and a temporary organization under section
3161 of such title.
(b) Membership.--
(1) Number and appointment.--The Commission shall be composed
of 11 members appointed as follows:
(A) The President shall appoint three members.
(B) The Majority Leader of the Senate shall appoint one
member.
(C) The Minority Leader of the Senate shall appoint one
member.
(D) The Speaker of the House of Representatives shall
appoint one member.
(E) The Minority Leader of the House of Representatives
shall appoint one member.
(F) The Chairman of the Committee on Armed Services of the
Senate shall appoint one member.
(G) The ranking minority member of the Committee on Armed
Services of the Senate shall appoint one member.
(H) The Chairman of the Committee on Armed Services of the
House of Representatives shall appoint one member.
(I) The ranking minority member of the Committee on Armed
Services of the House of Representatives shall appoint one
member.
(2) Deadline for appointment.--Members shall be appointed to
the Commission under paragraph (1) not later than 90 days after the
Commission establishment date.
(3) Effect of lack of appointment by appointment date.--If one
or more appointments under subparagraph (A) of paragraph (1) is not
made by the appointment date specified in paragraph (2), the
authority to make such appointment or appointments shall expire,
and the number of members of the Commission shall be reduced by the
number equal to the number of appointments so not made. If an
appointment under subparagraph (B), (C), (D), (E), (F), (G), (H),
or (I) of paragraph (1) is not made by the appointment date
specified in paragraph (2), the authority to make an appointment
under such subparagraph shall expire, and the number of members of
the Commission shall be reduced by the number equal to the number
otherwise appointable under such subparagraph.
(c) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
(d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its powers,
and shall be filled in the same manner as the original appointment was
made.
(e) Status as Federal Employees.--Notwithstanding the requirements
of section 2105 of title 5, United States Code, including the required
supervision under subsection (a)(3) of such section, the members of the
Commission shall be deemed to be Federal employees.
(f) Pay for Members of the Commission.--
(1) In general.--Each member, other than the Chair, of the
Commission shall be paid at a rate equal to the daily equivalent of
the annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which the member is engaged
in the actual performance of duties vested in the Commission.
(2) Chair.--The Chair of the Commission shall be paid at a rate
equal to the daily equivalent of the annual rate of basic pay
payable for level III of the Executive Schedule under section 5314,
of title 5, United States Code, for each day (including travel
time) during which the member is engaged in the actual performance
of duties vested in the Commission.
(g) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(h) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(i) Authority To Accept Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services, goods, and property from
non-Federal entities for the purposes of aiding and facilitating the
work of the Commission. The authority in this subsection does not
extend to gifts of money.
(j) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with the
provisions of section 3109 of title 5, United States Code; and
(B) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
(2) Limitation.--The total number of experts or consultants
procured pursuant to paragraph (1) may not exceed five experts or
consultants.
(3) Maximum daily pay rates.--The daily rate paid an expert or
consultant procured pursuant to paragraph (1) may not exceed the
daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(k) Funding.--Of the amounts authorized to be appropriated by this
Act for fiscal year 2017 for the Department of Defense, up to
$15,000,000 shall be made available to the Commission to carry out its
duties under this subtitle. Funds made available to the Commission
under the preceding sentence shall remain available until expended.
SEC. 554. COMMISSION HEARINGS AND MEETINGS.
(a) In General.--The Commission shall conduct hearings on the
recommendations it is taking under consideration. Any such hearing,
except a hearing in which classified information is to be considered,
shall be open to the public. Any hearing open to the public shall be
announced on a Federal website at least 14 days in advance. For all
hearings open to the public, the Commission shall release an agenda and
a listing of materials relevant to the topics to be discussed. The
Commission is authorized and encouraged to hold hearings and meetings
in various locations throughout the country to provide maximum
opportunity for public comment and participation in the Commission's
execution of its duties.
(b) Meetings.--
(1) Initial meeting.--The Commission shall hold its initial
meeting not later than 30 days after the date as of which all
members have been appointed.
(2) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the chair or a majority of
its members.
(3) Public meetings.--Each meeting of the Commission shall be
held in public unless any member objects or classified information
is to be considered.
(c) Quorum.--Six members of the Commission shall constitute a
quorum, but a lesser number may hold hearings or meetings.
(d) Public Comments.--
(1) Solicitation.--The Commission shall seek written comments
from the general public and interested parties on matters of the
Commission's review under this subtitle. Comments shall be
requested through a solicitation in the Federal Register and
announcement on the Internet website of the Commission.
(2) Period for submittal.--The period for the submittal of
comments pursuant to the solicitation under paragraph (1) shall end
not earlier than 30 days after the date of the solicitation and
shall end on or before the date on which recommendations are
transmitted to the Commission under section 555(d).
(3) Use by commission.--The Commission shall consider the
comments submitted under this subsection when developing its
recommendations.
(e) Space for Use of Commission.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of General
Services, in consultation with the Secretary, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such 90-day
period, the Commission may lease space to the extent the funds are
available.
(f) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
SEC. 555. PRINCIPLES AND PROCEDURE FOR COMMISSION RECOMMENDATIONS.
(a) Context of Commission Review.--The Commission shall--
(1) conduct a review of the military selective service process;
and
(2) consider methods to increase participation in military,
national, and public service opportunities to address national
security and other public service needs of the Nation.
(b) Development of Commission Recommendations.--The Commission
shall develop recommendations on the matters subject to its review
under subsection (a) that are consistent with the principles
established by the President under subsection (c).
(c) Presidential Principles.--
(1) In general.--Not later than three months after the
Commission establishment date, the President shall establish and
transmit to the Commission and Congress principles for reform of
the military selective service process, including means by which to
best acquire for the Nation skills necessary to meet the military,
national, and public service requirements of the Nation in
connection with that process.
(2) Elements.--The principles required under this subsection
shall address the following:
(A) Whether, in light of the current and predicted global
security environment and the changing nature of warfare, there
continues to be a continuous or potential need for a military
selective service process designed to produce large numbers of
combat members of the Armed Forces, and if so, whether such a
system should include mandatory registration by all citizens
and residents, regardless of sex.
(B) The need, and how best to meet the need, of the Nation,
the military, the Federal civilian sector, and the private
sector (including the non-profit sector) for individuals
possessing critical skills and abilities, and how best to
employ individuals possessing those skills and abilities for
military, national, or public service.
(C) How to foster within the Nation, particularly among
United States youth, an increased sense of service and civic
responsibility in order to enhance the acquisition by the
Nation of critically needed skills through education and
training, and how best to acquire those skills for military,
national, or public service.
(D) How to increase a propensity among United States youth
for service in the military, or alternatively in national or
public service, including how to increase the pool of qualified
applicants for military service.
(E) The need in Government, including the military, and in
the civilian sector to increase interest, education, and
employment in certain critical fields, including science,
technology, engineering, and mathematics (STEM), national
security, cyber, linguistics and foreign language, education,
health care, and the medical professions.
(F) How military, national, and public service may be
incentivized, including through educational benefits, grants,
federally-insured loans, Federal or State hiring preferences,
or other mechanisms that the President considers appropriate.
(G) Any other matters the President considers appropriate
for purposes of this subtitle.
(d) Cabinet Recommendations.--Not later than seven months after the
Commission establishment date, the Secretary of Defense, the Attorney
General, the Secretary of Homeland Security, the Secretary of Labor,
and such other Government officials, and such experts, as the President
shall designate for purposes of this subsection shall jointly transmit
to the Commission and Congress recommendations for the reform of the
military selective service process and military, national, and public
service in connection with that process.
(e) Commission Report and Recommendations.--
(1) Report.--Not later than 30 months after the Commission
establishment date, the Commission shall transmit to the President
and Congress a report containing the findings and conclusions of
the Commission, together with the recommendations of the Commission
regarding the matters reviewed by the Commission pursuant to this
subtitle. The Commission shall include in the report legislative
language and recommendations for administrative action to implement
the recommendations of the Commission. The findings and conclusions
in the report shall be based on the review and analysis by the
Commission of the recommendations made under subsection (d).
(2) Requirement for approval.--The recommendations of the
Commission must be approved by at least five members of the
Commission before the recommendations may be transmitted to the
President and Congress under paragraph (1).
(3) Public availability.--The Commission shall publish a copy
of the report required by paragraph (1) on an Internet website
available to the public on the same date on which it transmits that
report to the President and Congress under that paragraph.
(f) Judicial Review Precluded.--Actions under this section of the
President, the officials specified or designated under subsection (d),
and the Commission shall not be subject to judicial review.
SEC. 556. EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director.--The Commission shall appoint and fix the
rate of basic pay for an Executive Director in accordance with section
3161 of title 5, United States Code.
(b) Staff.--Subject to subsections (c) and (d), the Executive
Director, with the approval of the Commission, may appoint and fix the
rate of basic pay for additional personnel as staff of the Commission
in accordance with section 3161 of title 5, United States Code.
(c) Limitations on Staff.--
(1) Number of detailees from executive departments.--Not more
than one-third of the personnel employed by or detailed to the
Commission may be on detail from the Department of Defense and
other executive branch departments.
(2) Prior duties within executive branch.--A person may not be
detailed from the Department of Defense or other executive branch
department to the Commission if, in the year before the detail is
to begin, that person participated personally and substantially in
any matter concerning the preparation of recommendations for the
military selective service process and military and public service
in connection with that process.
(d) Limitations on Performance Reviews.--No member of the uniformed
services, and no officer or employee of the Department of Defense or
other executive branch department (other than a member of the uniformed
services or officer or employee who is detailed to the Commission),
may--
(1) prepare any report concerning the effectiveness, fitness,
or efficiency of the performance of the staff of the Commission or
any person detailed to that staff;
(2) review the preparation of such a report (other than for
administrative accuracy); or
(3) approve or disapprove such a report.
SEC. 557. TERMINATION OF COMMISSION.
Except as otherwise provided in this subtitle, the Commission shall
terminate not later than 36 months after the Commission establishment
date.

Subtitle G--Member Education, Training, Resilience, and Transition

SEC. 561. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE ARMED
FORCES IN OBTAINING PROFESSIONAL CREDENTIALS.
(a) Scope of Program.--Section 2015(a)(1) of title 10, United
States Code, is amended by striking ``incident to the performance of
their military duties''.
(b) Quality Assurance of Certification Programs and Standards.--
Section 2015(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``is accredited by an
accreditation body that'' and all that follows and inserting
``meets one of the requirements specified in paragraph (2).''; and
(2) by striking paragraph (2) and inserting the following new
paragraph (2):
``(2) The requirements for a credentialing program specified in
this paragraph are that the credentialing program--
``(A) is accredited by a nationally-recognized, third-party
personnel certification program accreditor;
``(B)(i) is sought or accepted by employers within the
industry or sector involved as a recognized, preferred, or
required credential for recruitment, screening, hiring,
retention, or advancement purposes; and
``(ii) where appropriate, is endorsed by a nationally-
recognized trade association or organization representing a
significant part of the industry or sector;
``(C) grants licenses that are recognized by the Federal
Government or a State government; or
``(D) meets credential standards of a Federal agency.''.
SEC. 562. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, OPIOID, AND
OTHER SUBSTANCE ABUSE COUNSELING AS PART OF REQUIRED
PRESEPARATION COUNSELING.
Section 1142(b)(11) of title 10, United States Code, is amended by
inserting before the period the following: ``and information concerning
the availability of treatment options and resources to address
substance abuse, including alcohol, prescription drug, and opioid
abuse''.
SEC. 563. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE PROGRAM
REGARDING EFFECT OF RECEIPT OF BOTH VETERAN DISABILITY
COMPENSATION AND VOLUNTARY SEPARATION PAY.
Section 1144(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Provide information regarding the required deduction,
pursuant to subsection (h) of section 1175a of this title, from
disability compensation paid by the Secretary of Veterans Affairs
of amounts equal to any voluntary separation pay received by the
member under such section.''.
SEC. 564. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON CAREER
AND EMPLOYMENT OPPORTUNITIES ASSOCIATED WITH TRANSPORTATION
SECURITY CARDS.
(a) In General.--Section 1144(b) of title 10, United States Code,
as amended by section 563, is further amended by adding at the end the
following new paragraph:
``(11) Acting through the Secretary of the department in which
the Coast Guard is operating, provide information on career and
employment opportunities available to members with transportation
security cards issued under section 70105 of title 46.''.
(b) Deadline for Implementation.--The program carried out under
section 1144 of title 10, United States Code, shall satisfy the
requirements of subsection (b)(11) of such section (as added by
subsection (a) of this section) by not later than 180 days after the
date of the enactment of this Act.
SEC. 565. EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PROGRAM.
Section 10219(g) of title 10, United States Code, is amended by
striking ``October 1, 2017'' and inserting ``October 1, 2018''.
SEC. 566. CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINTMENTS TO
SERVICE ACADEMIES.
(a) United States Military Academy.--Section 4342(a) of title 10,
United States Code, is amended in the matter after paragraph (10) by
adding at the end the following new sentence: ``When a nominee of a
Senator, Representative, or Delegate is selected for appointment as a
cadet, the Senator, Representative, or Delegate shall be notified at
least 48 hours before the official notification or announcement of the
appointment is made.''.
(b) United States Naval Academy.--Section 6954(a) of title 10,
United States Code, is amended in the matter after paragraph (10) by
adding at the end the following new sentence: ``When a nominee of a
Senator, Representative, or Delegate is selected for appointment as a
midshipman, the Senator, Representative, or Delegate shall be notified
at least 48 hours before the official notification or announcement of
the appointment is made.''.
(c) United States Air Force Academy.--Section 9342(a) of title 10,
United States Code, is amended in the matter after paragraph (10) by
adding at the end the following new sentence: ``When a nominee of a
Senator, Representative, or Delegate is selected for appointment as a
cadet, the Senator, Representative, or Delegate shall be notified at
least 48 hours before the official notification or announcement of the
appointment is made.''.
(d) United States Merchant Marine Academy.--Section 51302 of title
46, United States Code, is amended by adding at the end the following:
``(e) Congressional Notification in Advance of Appointments.--When
a nominee of a Senator, Representative, or Delegate is selected for
appointment as a cadet, the Senator, Representative, or Delegate shall
be notified at least 48 hours before the official notification or
announcement of the appointment is made.''.
(e) Application of Amendments.--The amendments made by this section
shall apply with respect to the appointment of cadets and midshipmen to
the United States Military Academy, the United States Naval Academy,
the United States Air Force Academy, and the United States Merchant
Marine Academy for classes entering these service academies after
January 1, 2018.
SEC. 567. REPORT AND GUIDANCE ON JOB TRAINING, EMPLOYMENT SKILLS
TRAINING, APPRENTICESHIPS, AND INTERNSHIPS AND SKILLBRIDGE
INITIATIVES FOR MEMBERS OF THE ARMED FORCES WHO ARE BEING
SEPARATED.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall submit to the Committees on Armed Services of the
Senate and the House of Representatives, and make available to the
public, a report evaluating the success of the Job Training, Employment
Skills Training, Apprenticeships, and Internships (known as JTEST-AI)
and SkillBridge initiatives, under which civilian businesses and
companies make available to members of the Armed Forces who are being
separated from the Armed Forces training or internship opportunities
that offer a high probability of employment for the members after their
separation.
(b) Elements.--In preparing the report required by subsection (a),
the Under Secretary of Defense for Personnel and Readiness shall use
the effectiveness metrics described in Enclosure 5 of Department of
Defense Instruction No. 1322.29. The report shall include the
following:
(1) An assessment of the successes of the Job Training,
Employment Skills Training, Apprenticeships, and Internships and
SkillBridge initiatives.
(2) Recommendations by the Under Secretary on ways in which the
administration of the initiatives could be improved.
(3) Recommendations by civilian companies participating in the
initiatives on ways in which the administration of the initiatives
could be improved.
SEC. 568. MILITARY-TO-MARINER TRANSITION.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
the department in which the Coast Guard is operating shall jointly
report to the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Armed Services and the Committee on Commerce, Science,
and Transportation of the Senate on steps the Departments of Defense
and Homeland Security have taken or intend to take--
(1) to maximize the extent to which United States Armed Forces
service, training, and qualifications are creditable toward meeting
the laws and regulations governing United States merchant mariner
license, certification, and document laws and the International
Convention on Standards of Training, Certification and Watchkeeping
for Seafarers, 1978, including steps to enhance interdepartmental
coordination; and
(2) to promote better awareness among Armed Forces personnel
who serve in vessel operating positions of the requirements for
postservice use of Armed Forces training, education, and practical
experience in satisfaction of requirements for merchant mariner
credentials under section 11.213 of title 46, Code of Federal
Regulations, and the need to document such service in a manner
suitable for post-service use.
(b) List of Training Programs.--The report under subsection (a)
shall include a list of Army, Navy, and Coast Guard training programs
open to Army, Navy, and Coast Guard vessel operators, respectively,
that shows--
(1) which programs have been approved for credit toward
merchant mariner credentials;
(2) which programs are under review for such approval;
(3) which programs are not relevant to the training needed for
merchant mariner credentials; and
(4) which programs could become eligible for credit toward
merchant mariner credentials with minor changes.

Subtitle H--Defense Dependents' Education and Military Family Readiness
Matters

SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2017 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in division D, $30,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Impact Aid for Children With Severe Disabilities.--Of the
amount authorized to be appropriated for fiscal year 2017 by section
301 and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$5,000,000 shall be available for payments under section 363 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 572. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE
TRANSITION AND SUPPORT OF MILITARY DEPENDENT STUDENTS TO LOCAL
EDUCATIONAL AGENCIES.
(a) Extension.--Section 574(c)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note)
is amended by striking ``September 30, 2016'' and inserting ``September
30, 2017''.
(b) Information To Be Included With Future Requests for
Extension.--The budget justification materials that accompany any
budget of the President for a fiscal year after fiscal year 2017 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) that includes a request for the extension of section
574(c) of the John Warner National Defense Authorization Act for Fiscal
Year 2007 shall include the following:
(1) A full accounting of the expenditure of funds pursuant to
such section 574(c) during the last fiscal year ending before the
date of the submittal of the budget.
(2) An assessment of the impact of the expenditure of such
funds on the quality of opportunities for elementary and secondary
education made available for military dependent students.
SEC. 573. ANNUAL NOTICE TO MEMBERS OF THE ARMED FORCES REGARDING
CHILD CUSTODY PROTECTIONS GUARANTEED BY THE SERVICEMEMBERS CIVIL
RELIEF ACT.
The Secretaries of each of the military departments shall ensure
that each member of the Armed Forces with dependents receives annually,
and prior to each deployment, notice of the child custody protections
afforded to members of the Armed Forces under the Servicemembers Civil
Relief Act (50 U.S.C. 3901 et seq.).
SEC. 574. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY PROGRAM REPORT
REGARDING CHILD ABUSE AND DOMESTIC VIOLENCE.
(a) Annual Report on Child Abuse and Domestic Violence.--Not later
than April 30, 2017, and annually thereafter through April 30, 2021,
the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report on the
child abuse and domestic abuse incident data from the Department of
Defense Family Advocacy Program central registry of child abuse and
domestic abuse incidents for the preceding calendar year.
(b) Contents.--The report shall contain each of the following:
(1) The number of incidents reported during the year covered by
the report involving--
(A) spouse physical or sexual abuse;
(B) intimate partner physical or sexual abuse;
(C) child physical or sexual abuse; and
(D) child or domestic abuse resulting in a fatality.
(2) An analysis of the number of such incidents that met the
criteria for substantiation.
(3) An analysis of--
(A) the types of abuse reported;
(B) for cases involving children as the reported victims of
the abuse, the ages of the abused children; and
(C) other relevant characteristics of the reported victims.
(4) An analysis of the military status, sex, and pay grade of
the alleged perpetrator of the child or domestic abuse.
(5) An analysis of the effectiveness of the Family Advocacy
Program.
(c) Coordination of Release Date Between Annual Reports Regarding
Sexual Assaults and Family Advocacy Program Report.--The Secretary of
Defense shall ensure that the sexual assault reports required to be
submitted under section 1631(d) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C.
1561 note) for a year are delivered to the Committees on Armed Services
of the House of Representatives and the Senate simultaneously with the
report for that year required under this section.
SEC. 575. REPORTING ON ALLEGATIONS OF CHILD ABUSE IN MILITARY
FAMILIES AND HOMES.
(a) Reports to Family Advocacy Program Offices.--
(1) In general.--The following information shall be reported
immediately to the Family Advocacy Program office at the military
installation to which the member of the Armed Forces concerned is
assigned:
(A) Credible information (which may include a reasonable
belief), obtained by any individual within the chain of command
of the member, that a child in the family or home of the member
has suffered an incident of child abuse.
(B) Information, learned by a member of the Armed Forces
engaged in a profession or activity described in section 226(b)
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(b))
for members of the Armed Forces and their dependents, that
gives reason to suspect that a child in the family or home of
the member has suffered an incident of child abuse.
(2) Regulations.--The Secretary of Defense and the Secretary of
Homeland Security (with respect to the Coast Guard when it is not
operating as a service in the Navy) shall jointly prescribe
regulations to carry out this subsection.
(3) Child abuse defined.--In this subsection, the term ``child
abuse'' has the meaning given that term in section 226(c) of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)).
(b) Reports to State Child Welfare Services.--Section 226 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is amended--
(1) in subsection (a), by inserting `` and to the agency or
agencies provided for in subsection (e), if applicable'' before the
period;
(2) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Reporters and Recipient of Report Involving Children and
Homes of Members of the Armed Forces.--
``(1) Recipients of reports.--In the case of an incident
described in subsection (a) involving a child in the family or home
of member of the Armed Forces (regardless of whether the incident
occurred on or off a military installation), the report required by
subsection (a) shall be made to the appropriate child welfare
services agency or agencies of the State in which the child
resides. The Attorney General, the Secretary of Defense, and the
Secretary of Homeland Security (with respect to the Coast Guard
when it is not operating as a service in the Navy) shall jointly,
in consultation with the chief executive officers of the States,
designate the child welfare service agencies of the States that are
appropriate recipients of reports pursuant to this subsection. Any
report on an incident pursuant to this subsection is in addition to
any other report on the incident pursuant to this section.
``(2) Makers of reports.--For purposes of the making of reports
under this section pursuant to this subsection, the persons engaged
in professions and activities described in subsection (b) shall
include members of the Armed Forces who are engaged in such
professions and activities for members of the Armed Forces and
their dependents.''.
SEC. 576. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS' EDUCATION.
Section 1411 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 929) is repealed.
SEC. 577. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE FOR
CHILDREN OF MILITARY FAMILIES.
(a) Authority to Provide Support.--The Secretary of Defense may
provide financial or non-monetary support to qualified nonprofit
organizations in order to assist such organizations in carrying out
programs to support the attendance at a camp, or camp-like setting, of
children of military families who have experienced the death of a
family member or other loved one or who have another family member
living with a substance use disorder or post-traumatic stress disorder.
(b) Application for Support.--
(1) In general.--Each organization seeking support pursuant to
subsection (a) shall submit to the Secretary of Defense an
application therefor containing such information as the Secretary
shall specify for purposes of this section.
(2) Contents.--Each application submitted under paragraph (1)
shall include the following:
(A) A description of the program for which support is being
sought, including the location of the setting or settings under
the program, the duration of such setting or settings, any
local partners participating in or contributing to the program,
and the ratio of counselors, trained volunteers, or both to
children at such setting or settings.
(B) An estimate of the number of children of military
families to be supported using the support sought.
(C) A description of the type of activities that will be
conducted using the support sought, including the manner in
which activities are particularly supportive to children of
military families described in subsection (a).
(D) A description of the outreach conducted or to be
conducted by the organization to military families regarding
the program.
(c) Use of Support.--Support provided by the Secretary of Defense
to an organization pursuant to subsection (a) shall be used by the
organization to support attendance at a camp, or camp-like setting, of
children of military families described in subsection (a).
SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT AND
REPORT ON EXCEPTIONAL FAMILY MEMBER PROGRAMS.
(a) Assessment and Report Required.--
(1) Assessment.--The Comptroller General of the United States
shall conduct an assessment on the effectiveness of each
Exceptional Family Member Program of the Armed Forces.
(2) Report.--Not later than December 31, 2017, the Comptroller
General shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing the
results of the assessment conducted under this subsection.
(b) Elements.--The assessment and report under subsection (a) shall
address the following:
(1) The differences between each Exceptional Family Member
Program of the Armed Forces.
(2) The manner in which Exceptional Family Member Programs are
implemented on joint bases and installations.
(3) The extent to which military family members are screened
for potential coverage under an Exceptional Family Member Program
and the manner of such screening.
(4) The degree to which conditions of military family members
who qualify for coverage under an Exceptional Family Member Program
are taken into account in making assignments of military personnel.
(5) The types of services provided to address the needs of
military family members who qualify for coverage under an
Exceptional Family Member Program.
(6) The extent to which the Department of Defense has
implemented specific directives for providing family support and
enhanced case management services, such as special needs
navigators, to military families with special needs children.
(7) The extent to which the Department has conducted periodic
reviews of best practices in the United States for the provision of
medical and educational services to military family members with
special needs.
(8) The necessity in the Department for an advisory panel on
community support for military families members with special needs.
(9) The development and implementation of the uniform policy
for the Department regarding families with special needs required
by section 1781c(e) of title 10, United States Code.
(10) The implementation by each Armed Force of the
recommendations in the Government Accountability Report entitled
``Military Dependent Students, Better Oversight Needed to Improve
Services for Children with Special Needs'' (GAO-12-680).
SEC. 579. IMPACT AID AMENDMENTS.
(a) Military ``Build to Lease'' Program Housing.--Notwithstanding
section 5(d) of the Every Student Succeeds Act (Public Law 114-95; 129
Stat. 1806), the amendment made by section 7004(1) of such Act (Public
Law 114-95; 129 Stat. 2077)--
(1) for fiscal year 2016--
(A) shall be applied as if amending section 8003(a)(5)(A)
of the Elementary and Secondary Education Act of 1965, as in
effect on the day before the date of enactment of the Every
Student Succeeds Act (Public Law 114-95; 129 Stat. 1802); and
(B) shall be applicable with respect to appropriations for
use under title VIII of the Elementary and Secondary Education
Act of 1965 (Public Law 114-95; 129 Stat. 1802); and
(2) for fiscal year 2017 and each succeeding fiscal year, shall
be in effect with respect to appropriations for use under title VII
of the Elementary and Secondary Education Act of 1965, as amended
by the Every Student Succeeds Act (Public Law 114-95; 129 Stat.
1802).
(b) Eligibility for Heavily Impacted Local Educational Agencies.--
(1) Amendment.--Subclause (I) of section 7003(b)(2)(B)(i) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)(B)(i)(I)) is amended to read as follows:

``(I) is a local educational agency--

``(aa) whose boundaries are the same as a
Federal military installation; or
``(bb)(AA) whose boundaries are the same as an
island property designated by the Secretary of the
Interior to be property that is held in trust by
the Federal Government; and
``(BB) that has no taxing authority;''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect with respect to appropriations for use under title VII
of the Elementary and Secondary Education Act of 1965, as amended
by the Every Student Succeeds Act (Public Law 114-95; 129 Stat.
1802), beginning with fiscal year 2017 and as if enacted as part of
title VII of the Every Student Succeeds Act.
(c) Special Rule Regarding the Per-Pupil Expenditure Requirement.--
(1) References.--Except as otherwise expressly provided, any
reference in this subsection to a section or other provision of
title VII of the Elementary and Secondary Education Act of 1965
shall be considered to be a reference to the section or other
provision of such title VII as amended by the Every Student
Succeeds Act (Public Law 114-95; 129 Stat. 1802).
(2) In general.--Notwithstanding section 5(d) of the Every
Student Succeeds Act (Public Law 114-95; 129 Stat. 1806) or section
7003(b)(2) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(b)(2)), with respect to any application submitted
under section 7005 of such Act (20 U.S.C. 7705) for eligibility
consideration under subclause (II) or (V) of section
7003(b)(2)(B)(i) of such Act for fiscal year 2017, 2018, or 2019,
the Secretary of Education shall determine that a local educational
agency meets the per-pupil expenditure requirement for purposes of
such subclause (II) or (V), as applicable, only if--
(A) in the case of a local educational agency that received
a basic support payment for fiscal year 2001 under section
8003(b)(2)(B) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(b)(2)(B)) (as such section was in effect
for such fiscal year), the agency, for the year for which the
application is submitted, has a per-pupil expenditure that is
less than the average per-pupil expenditure of the State in
which the agency is located or the average per-pupil
expenditure of all States (whichever average per-pupil
expenditure is greater), except that a local educational agency
with a total student enrollment of less than 350 students shall
be deemed to have satisfied such per-pupil expenditure
requirement; or
(B) in the case of a local educational agency that did not
receive a basic support payment for fiscal year 2015 under such
section 8003(b)(2)(B), as so in effect, the agency, for the
year for which the application is submitted--
(i) has a total student enrollment of 350 or more
students and a per-pupil expenditure that is less than the
average per-pupil expenditure of the State in which the
agency is located; or
(ii) has a total student enrollment of less than 350
students and a per-pupil expenditure that is less than the
average per-pupil expenditure of a comparable local
educational agency or 3 comparable local educational
agencies (whichever average per-pupil expenditure is
greater), in the State in which the agency is located.
(d) Payments for Eligible Federally Connected Children.--
(1) Amendments.--Section 7003(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), as amended
by subsection (b) and sections 7001 and 7004 of the Every Student
Succeeds Act (Public Law 114-95; 129 Stat. 2074, 2077), is further
amended--
(A) in subclause (IV) of subparagraph (B)(i)--
(i) in the matter preceding item (aa), by inserting
``received a payment for fiscal year 2015 under section
8003(b)(2)(E) (as such section was in effect for such
fiscal year) and'' before ``has'';
(ii) in item (aa), by striking ``50'' and inserting
``35''; and
(iii) by striking item (bb) and inserting the
following:
``(bb)(AA) not less than 3,500 of such children
are children described in subparagraphs (A) and (B)
of subsection (a)(1); or
``(BB) not less than 7,000 of such children are
children described in subparagraph (D) of
subsection (a)(1);''; and
(B) in subparagraph (D)--
(i) in clause (i)--

(I) in subclause (I), by striking ``clause (ii)''
and inserting ``clauses (ii), (iii), and (iv)''; and
(II) in subclause (II)--

(aa) by inserting ``received a payment for
fiscal year 2015 under section 8003(b)(2)(E) (as
such section was in effect for such fiscal year)
and'' after ``agency that'';
(bb) by striking ``50 percent'' and inserting
``35 percent'';
(cc) by striking ``subsection (a)(1) and not
less than 5,000'' and inserting the following:
``subsection (a)(1) and--
``(aa) not less than 3,500''; and
(dd) by striking ``subsection (a)(1).'' and
inserting the following: ``subsection (a)(1); or
``(bb) not less than 7,000 of such children are
children described in subparagraph (D) of
subsection (a)(1).'';
(ii) in clause (ii), by striking ``shall be 1.35.'' and
inserting the following: ``shall be--

``(I) for fiscal year 2016, 1.35;
``(II) for each of fiscal years 2017 and 2018,
1.38;
``(III) for fiscal year 2019, 1.40;
``(IV) for fiscal year 2020, 1.42; and
``(V) for fiscal year 2021 and each fiscal year
thereafter, 1.45.''; and

(iii) by adding at the end the following:
``(iii) Factor for children who live off base.--For
purposes of calculating the maximum amount described in
clause (i), the factor used in determining the weighted
student units under subsection (a)(2) with respect to
children described in subsection (a)(1)(D) shall be--

``(I) for fiscal year 2016, .20;
``(II) for each of fiscal years 2017 and 2018, .22;
``(III) for each of fiscal years 2019 and 2020,
.25; and
``(IV) for fiscal year 2021 and each fiscal year
thereafter--

``(aa) .30 with respect to each of the first
7,000 children; and
``(bb) .25 with respect to the number of
children that exceeds 7,000.
``(iv) Special rule.--Notwithstanding clauses (ii) and
(iii), for fiscal year 2020 or any succeeding fiscal year,
if the number of students who are children described in
subparagraphs (A) and (B) of subsection (a)(1) for a local
educational agency subject to this subparagraph exceeds
7,000 for such year or the number of students who are
children described in subsection (a)(1)(D) for such local
educational agency exceeds 12,750 for such year, then--

``(I) the factor used, for the fiscal year for
which the determination is being made, to determine the
weighted student units under subsection (a)(2) with
respect to children described in subparagraphs (A) and
(B) of subsection (a)(1) shall be 1.40; and
``(II) the factor used, for such fiscal year, to
determine the weighted student units under subsection
(a)(2) with respect to children described in subsection
(a)(1)(D) shall be .20.''.

(2) Effective date.--The amendments made by paragraph (1) shall
take effect with respect to appropriations for use under title VII
of the Elementary and Secondary Education Act of 1965 beginning
with fiscal year 2017 and as if enacted as part of title VII of the
Every Student Succeeds Act (Public Law 114-95; 129 Stat. 2074).
(3) Special rules.--
(A) Applicability for fiscal year 2016.--Notwithstanding
any other provision of law, in making basic support payments
under section 8003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)) for fiscal year
2016, the Secretary of Education shall carry out subparagraphs
(B)(i) and (E) of such section as if the amendments made to
subparagraphs (B)(i)(IV) and (D) of section 7003(b)(2) of such
Act (as amended and redesignated by this subsection and the
Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802))
had also been made to the corresponding provisions of section
8003(b)(2) of the Elementary and Secondary Education Act of
1965, as in effect on the day before the date of enactment of
the Every Student Succeeds Act.
(B) Loss of eligibility.--For fiscal year 2016 or any
succeeding fiscal year, if a local educational agency is
eligible for a basic support payment under subclause (IV) of
section 7003(b)(2)(B)(i) of the Elementary and Secondary
Education Act of 1965 (as amended by this section and the Every
Student Succeeds Act (Public Law 114-95; 129 Stat. 1802)) or
through a corresponding provision under subparagraph (A), such
local educational agency shall be ineligible to apply for a
payment for such fiscal year under any other subclause of such
section (or, for fiscal year 2016, any other item of section
8003(b)(2)(B)(i)(II) of the Elementary and Secondary Education
Act of 1965).
(C) Payment amounts.--If, before the date of enactment of
this Act, a local educational agency receives 1 or more
payments under section 8003(b)(2)(E) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(E)) for
fiscal year 2016, the sum of which is greater than the amount
the Secretary of Education determines the local educational
agency is entitled to receive under such section in accordance
with subparagraph (A)--
(i) the Secretary shall allow the local educational
agency to retain the larger amount; and
(ii) such local educational agency shall not be
eligible to receive any additional payment under such
section for fiscal year 2016.

Subtitle I--Decorations and Awards

SEC. 581. POSTHUMOUS ADVANCEMENT OF COLONEL GEORGE E. ``BUD'' DAY,
UNITED STATES AIR FORCE, ON THE RETIRED LIST .
(a) Advancement.--Colonel George E. ``Bud'' Day, United States Air
Force (retired), is entitled to hold the rank of brigadier general
while on the retired list of the Air Force.
(b) Additional Benefits Not To Accrue.--The advancement of George
E. ``Bud'' Day on the retired list of the Air Force under subsection
(a) shall not affect the retired pay or other benefits from the United
States to which George E. ``Bud'' Day would have been entitled based
upon his military service or affect any benefits to which any other
person may become entitled based on his military service.
SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF VALOR
DURING CERTAIN CONTINGENCY OPERATIONS.
(a) Authorization.--Notwithstanding the time limitations specified
in sections 3744, 6248, and 8744 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award a medal specified in subsection (c) to a member or former member
of the Armed Forces identified as warranting award of that medal
pursuant to the review of valor award nominations for Operation
Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn,
Operation Freedom's Sentinel, and Operation Inherent Resolve that was
directed by the Secretary of Defense on January 7, 2016.
(b) Award of Medal of Honor.--If, pursuant to the review referred
to in subsection (a), the President decides to award to a member or
former member of the Armed Forces the Medal of Honor, the medal may
only be awarded after the Secretary of Defense submits to the
Committees on Armed Services of the Senate and the House of
Representatives a letter identifying the intended recipient of the
Medal of Honor and the rationale for awarding the Medal of Honor to
such intended recipient.
(c) Medals.--The medals covered by subsection (a) are any of the
following:
(1) The Medal of Honor under section 3741, 6241, or 8741 of
title 10, United States Code.
(2) The Distinguished-Service Cross under section 3742 of such
title.
(3) The Navy Cross under section 6242 of such title.
(4) The Air Force Cross under section 8742 of such title.
(5) The Silver Star under section 3746, 6244, or 8746 of such
title.
(d) Termination.--No medal may be awarded under the authority of
this section after December 31, 2019.
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO GARY M.
ROSE AND JAMES C. MCCLOUGHAN FOR ACTS OF VALOR DURING THE VIETNAM
WAR.
(a) Gary M. Rose.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President is
authorized to award the Medal of Honor under section 3741 of such
title to Gary M. Rose for the acts of valor described in paragraph
(2).
(2) Acts of valor described.--The acts of valor referred to in
paragraph (1) are the actions of Gary M. Rose in Laos from
September 11 through 14, 1970, during the Vietnam War while a
member of the United States Army, Military Assistance Command
Vietnam-Studies and Observation Group (MACVSOG).
(b) James C. McCloughan.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President is
authorized to award the Medal of Honor under section 3741 of such
title to James C. McCloughan for the acts of valor described in
paragraph (2).
(2) Acts of valor described.--The acts of valor referred to in
paragraph (1) are the actions of James C. McCloughan during combat
operations between May 13, 1969, and May 15, 1969, while serving as
a Combat Medic with Company C, 3d Battalion, 21st Infantry, 196th
Light Infantry Brigade, American Division, Republic of Vietnam, for
which he was previously awarded the Bronze Star Medal with ``V''
Device.
SEC. 584. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO
FIRST LIEUTENANT MELVIN M. SPRUIELL FOR ACTS OF VALOR DURING
WORLD WAR II.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the Secretary of the
Army may award the Distinguished-Service Cross under section 3742 of
such title to First Lieutenant Melvin M. Spruiell of the Army for the
acts of valor during World War II described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of First Lieutenant Melvin M. Spruiell
on June 10 and 11, 1944, as a member of the Army serving in France with
the 377th Parachute Field Artillery, 101st Airborne Division.
SEC. 585. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE
CROSS TO CHAPLAIN (FIRST LIEUTENANT) JOSEPH VERBIS LAFLEUR FOR
ACTS OF VALOR DURING WORLD WAR II.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the Secretary of the Army may award the
Distinguished Service Cross under section 3742 of that title to
Chaplain (First Lieutenant) Joseph Verbis LaFleur for the acts of valor
referred to in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Chaplain (First Lieutenant) Joseph
Verbis LaFleur while interned as a prisoner-of- war by Japan from
December 30, 1941, to September 7, 1944.
SEC. 586. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN ASIAN
AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER WAR VETERANS.
(a) Review Required.--The Secretary of each military department
shall review the service records of each Asian American and Native
American Pacific Islander war veteran described in subsection (b) to
determine whether that veteran should be awarded the Medal of Honor.
(b) Covered Veterans.--The Asian American and Native American
Pacific Islander war veterans whose service records are to be reviewed
under subsection (a) are any former members of the Armed Forces whose
service records identify them as an Asian American or Native American
Pacific Islander war veteran who was awarded the Distinguished-Service
Cross, the Navy Cross, or the Air Force Cross during the Korean War or
the Vietnam War.
(c) Consultations.--In carrying out the review under subsection
(a), the Secretary of each military department shall consult with such
veterans service organizations as the Secretary considers appropriate.
(d) Recommendations Based on Review.--If the Secretary concerned
determines, based upon the review under subsection (a) of the service
records of any Asian American or Native American Pacific Islander war
veteran, that the award of the Medal of Honor to that veteran is
warranted, the Secretary shall submit to the President a recommendation
that the President award the Medal of Honor to that veteran.
(e) Authority to Award Medal of Honor.--A Medal of Honor may be
awarded to an Asian American or Native American Pacific Islander war
veteran in accordance with a recommendation of the Secretary concerned
under subsection (d).
(f) Congressional Notification.--No Medal of Honor may be awarded
pursuant to subsection (e) until the Secretary of Defense submits to
the Committees on Armed Services of the Senate and the House of
Representatives notice of the recommendations under subsection (d),
including the name of each Asian American or Native American Pacific
Islander war veteran recommended to be awarded a Medal of Honor and the
rationale for such recommendation.
(g) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished-Service Cross, Navy Cross, or Air Force
Cross has been awarded.
(h) Definition.--In this section, the term ``Native American
Pacific Islander'' means a Native Hawaiian or Native American Pacific
Islander, as those terms are defined in section 815 of the Native
American Programs Act of 1974 (42 U.S.C. 2992c).

Subtitle J--Miscellaneous Reports and Other Matters

SEC. 591. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED STATES
AIR FORCE ACADEMY APPOINTED BY THE PRESIDENT.
(a) Repeal.--Section 9337 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 903 of such title is amended by striking the item related to
section 9337.
SEC. 592. EXTENSION OF LIMITATION ON REDUCTION IN NUMBER OF
MILITARY AND CIVILIAN PERSONNEL ASSIGNED TO DUTY WITH SERVICE
REVIEW AGENCIES.
Section 1559(a) of title 10, United States Code, is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2019''.
SEC. 593. ANNUAL REPORTS ON PROGRESS OF THE ARMY AND THE MARINE
CORPS IN INTEGRATING WOMEN INTO MILITARY OCCUPATIONAL
SPECIALITIES AND UNITS RECENTLY OPENED TO WOMEN.
(a) Reports Required.--Not later than April 1, 2017, and each year
thereafter through 2020, the Chief of Staff of the Army and the
Commandant of the Marine Corps shall each submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the current status of the implementation by the Army and the Marine
Corps, respectively, of the policy of Secretary of Defense dated March
9, 2016, to open to women military occupational specialties and units
previously closed to women.
(b) Elements.--Each report shall include, current as of the date of
such report and for the Armed Force covered by such report, the
following:
(1) The status of gender-neutral standards throughout the Entry
Level Training continuum.
(2) The propensity of applicants to apply for and access into
newly-opened ground combat programs, by gender and program.
(3) Success rates in Initial Screening Tests and Military
Occupational Speciality (MOS) Classification Standards for newly-
opened ground combat military occupational specialties, by gender.
(4) Attrition rates and the top three causes of attrition
throughout the Entry Level Training continuum, by gender and
military occupational specialty.
(5) Reclassification rates and the top three causes of
reclassification throughout the Entry Level Training continuum, by
gender and military occupational specialty.
(6) Injury rates and the top five causes of injury throughout
the Entry Level Training continuum, by gender and military
occupational specialty.
(7) Injury rates and nondeployability rates in newly-opened
ground combat military occupational specialties, by gender and
military occupational specialty.
(8) Lateral move approval rates into newly-opened military
occupational specialties, by gender and military occupational
specialty.
(9) Reenlistment and retention rates in newly-opened ground
combat military occupational specialties, by gender and military
occupational specialty.
(10) Promotion rates in newly-opened ground combat military
occupational specialties, by grade and gender.
(11) Actions taken to address matters relating to equipment
sizing and supply, and facilities, in connection with the
implementation by such Armed Force of the policy referred to in
paragraph (1).
(c) Applicability to SOCOM.--In addition to the reports required by
subsection (a), the Commander of the United States Special Operations
Command shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, on the dates provided for in
subsection (a), a report on the current status of the implementation by
the United States Special Operations Command of the policy of Secretary
of Defense referred to in subsection (a). Each report shall include the
matters specified in subsection (b) with respect to the United States
Special Operations Command.
SEC. 594. REPORT ON FEASABILITY OF ELECTRONIC TRACKING OF
OPERATIONAL ACTIVE-DUTY SERVICE PERFORMED BY MEMBERS OF THE READY
RESERVE OF THE ARMED FORCES.
Not later than March 1, 2017, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the feasability of establishing an
electronic means by which members of the Ready Reserve of the Armed
Forces can track their operational active-duty service performed after
January 28, 2008, under section 12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10, United States Code. The means assessed for purposes
of the report shall include a tour calculator that specifies early
retirement credit authorized for each qualifying tour of active duty,
as well as cumulative early reserve retirement credit authorized to
date under section 12731(f) of such title.
SEC. 595. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT AND
OTHER FLIGHT OFFICER POSITIONS IN THE NAVY, MARINE CORPS, AND AIR
FORCE CURRENTLY DISCHARGED BY COMMISSIONED OFFICERS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Secretary of
the Air Force shall each submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the feasibility
and advisability of the discharge by warrant officers of pilot and
other flight officer positions in the Armed Forces under the
jurisdiction of such Secretary that are currently discharged by
commissioned officers.
(b) Elements.--Each report under subsection (a) shall set forth,
for each Armed Force covered by such report, the following:
(1) An assessment of the feasibility and advisability of the
discharge by warrant officers of pilot and other flight officer
positions that are currently discharged by commissioned officers.
(2) An identification of each such position, if any, for which
the discharge by warrant officers is assessed to be feasible and
advisable.
SEC. 596. BODY MASS INDEX TEST.
(a) Review Required.--Each Secretary of a military department shall
review--
(1) the current body mass index test procedure used by each
Armed Force under the jurisdiction of that Secretary; and
(2) other methods to measure body fat with a more holistic
health and wellness approach.
(b) Elements.--The review required under subsection (a) shall--
(1) address nutrition counseling;
(2) determine the best methods to be used by the Armed Forces
to assess body fat percentages; and
(3) improve the accuracy of body fat measurements.
SEC. 597. REPORT ON CAREER PROGRESSION TRACKS OF THE ARMED FORCES
FOR WOMEN IN COMBAT ARMS UNITS.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report setting
forth a description, for each Armed Force, of the following:
(1) The career progression track for entry level women as
officers in combat arms units of such Armed Force.
(2) The career progression track for laterally transferred
women as officers in combat arms units of such Armed Force.
(3) The career progression track for entry level women as
enlisted members in combat arms units of such Armed Force.
(4) The career progression track for laterally transferred
women as enlisted members in combat arms units of such Armed Force.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Subtitle B--Bonuses and Special and Incentive Pays

Subtitle C--Travel and Transportation Allowances

Sec. 621. Maximum reimbursement amount for travel expenses of members of
the Reserves attending inactive duty training outside of
normal commuting distances.

Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits

Part I--Amendments in Connection With Retired Pay Reform

Part II--Other Matters

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations

Sec. 661. Protection and enhancement of access to and savings at
commissaries and exchanges.
Sec. 662. Acceptance of Military Star Card at commissaries.

Subtitle F--Other Matters

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2017 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2017, the rates
of monthly basic pay for members of the uniformed services are
increased by 2.1 percent.
SEC. 602. PUBLICATION BY DEPARTMENT OF DEFENSE OF ACTUAL RATES OF
BASIC PAY PAYABLE TO MEMBERS OF THE ARMED FORCES BY PAY GRADE FOR
ANNUAL OR OTHER PAY PERIODS.
Any pay table published or otherwise issued by the Department of
Defense to indicate the rates of basic pay of the Armed Forces in
effect for members of the Armed Forces for a calendar year or other
period shall state the rate of basic pay to be received by members in
each pay grade for such year or period as specified or otherwise
provided by applicable law, including any rate to be so received
pursuant during such year or period by the operation of a ceiling under
section 203(a)(2) of title 37, United States Code, or a similar
provision in an annual defense authorization Act.
SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
RATES OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2017''.
SEC. 604. REPORTS ON A NEW SINGLE-SALARY PAY SYSTEM FOR MEMBERS OF
THE ARMED FORCES.
(a) Report on Plan To Implement New Pay Structure.--Not later than
March 1, 2017, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representative a
report that sets forth the following:
(1) The military pay tables as of January 1, 2017, reflecting
the Regular Military Compensation of members of the Armed Forces as
of that date in the range of grades, dependency statuses, and
assignment locations.
(2) A comprehensive description of the manner in which the
Department of Defense would begin, by not later than January 1,
2018, to implement a transition between the current pay structure
for members of the Armed Forces and a new pay structure for members
of the Armed Forces as provided for by this section.
(b) Report on Elements of New Pay Structure.--Not later than
January 1, 2018, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representative a report that
sets forth the following:
(1) A description and comparison of the current pay structure
for members of the Armed Forces and a new pay structure for members
of the Armed Forces, including new pay tables, that uses a single-
salary pay system (as adjusted by the same cost-of-living
adjustment that the Department of Defense uses worldwide for
civilian employees) based on the assumptions in subsection (c).
(2) A proposal for such legislative and administrative action
as the Secretary considers appropriate to implement the new pay
structure, and to provide for a transition between the current pay
structure and the new pay structure.
(3) A comprehensive schedule for the implementation of the new
pay structure and for the transition between the current pay
structure and the new pay structure, including all significant
deadlines.
(c) New Pay Structure.--The new pay structure described pursuant to
subsection (b)(1) shall assume the repeal of the basic allowance for
housing and basic allowance subsistence for members of the Armed Forces
in favor of a single-salary pay system, and shall include the
following:
(1) A statement of pay comparability with the civilian sector
adequate to effectively recruit and retain a high-quality All-
Volunteer Force.
(2) The level of pay necessary by grade and years of service to
meet pay comparability as described in paragraph (1) in order to
recruit and retain a high-quality All-Volunteer Force.
(3) Necessary modifications to the military retirement system,
including the retired pay multiplier, to ensure that members of the
Armed Forces under the pay structure are situated similarly to
where they would otherwise be under the military retirement system
that will take effect on January 1, 2018, by reason part I of
subtitle D of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 842), and the amendments
made by that part.
(d) Cost Containment.--The single-salary pay system under the new
pay structure provided for by this section shall be a single-salary pay
system that will result in no or minimal additional costs to the
Government, both in terms of annual discretionary outlays and
entitlements, when compared with the continuation of the current pay
system for members of the Armed Forces.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 308b(g), relating to Selected Reserve reenlistment
bonus.
(2) Section 308c(i), relating to Selected Reserve affiliation
or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve enlistment
bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment and
reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve enlistment
and reenlistment bonus for persons with prior service.
(7) Section 478a(e), relating to reimbursement of travel
expenses for inactive-duty training outside of normal commuting
distance.
(8) Section 910(g), relating to income replacement payments for
reserve component members experiencing extended and frequent
mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY
AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Title 10 Authorities.--The following sections of title 10,
United States Code, are amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(b) Title 37 Authorities.--The following sections of title 37,
United States Code, are amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay for
nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for dental
officers.
(6) Section 302j(a), relating to accession bonus for pharmacy
officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES
FOR NUCLEAR OFFICERS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37
CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive pay
authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(6) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(7) Section 351(h), relating to hazardous duty pay.
(8) Section 352(g), relating to assignment pay or special duty
pay.
(9) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(10) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
The following sections of title 37, United States Code, are amended
by striking ``December 31, 2016'' and inserting ``December 31, 2017'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for active
members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 316a(g), relating to incentive pay for members of
precommissioning programs pursuing foreign language proficiency.
(6) Section 324(g), relating to accession bonus for new
officers in critical skills.
(7) Section 326(g), relating to incentive bonus for conversion
to military occupational specialty to ease personnel shortage.
(8) Section 327(h), relating to incentive bonus for transfer
between Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. AVIATION INCENTIVE PAY AND BONUS MATTERS.
(a) Maximum Incentive Pay and Bonus Amounts.--Paragraph (1) of
section 334(c) of title 37, United States Code, is amended by striking
subparagraphs (A) and (B) and inserting the following new
subparagraphs:
``(A) aviation incentive pay under subsection (a) shall be
paid at a monthly rate not to exceed $1,000 per month; and
``(B) an aviation bonus under subsection (b) may not exceed
$35,000 for each 12-month period of obligated service agreed to
under subsection (d).''.
(b) Annual Business Case for Payment of Aviation Bonus.--Such
section is further amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Annual business case for payment of aviation bonus
amounts.--
``(A) In general.--The Secretary concerned shall determine
the amount of the aviation bonus payable under paragraph (1)(B)
under agreements entered into under subsection (d) during a
fiscal year solely through a business case analysis of the
amount required to be paid under such agreements in order to
address anticipated manning shortfalls for such fiscal year by
aircraft type category.
``(B) Budget justification documents.--The budget
justification documents in support of the budget of the
President for a fiscal year (as submitted to Congress pursuant
to section 1105 of title 31) shall set forth for each uniformed
service the following:
``(i) The amount requested for the payment of aviation
bonuses under subsection (b) using amounts authorized to be
appropriated for the fiscal year concerned by aircraft type
category.
``(ii) The business case analysis supporting the amount
so requested by aircraft type category.
``(iii) For each aircraft type category, whether or not
the amount requested will permit the payment during the
fiscal year concerned of the maximum amount of the aviation
bonus authorized by paragraph (1)(B).
``(iv) If any amount requested is to address manning
shortfalls, a description of any plans of the Secretary
concerned to address such shortfalls by nonmonetary
means.''.
SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION OF SPECIAL PAY,
INCENTIVE PAY, AND BONUS AUTHORITIES.
Section 332(c)(1)(B) of title 37, United States Code, is amended by
striking ``$12,000'' and inserting ``$20,000''.
SEC. 618. TECHNICAL AMENDMENTS RELATING TO 2008 CONSOLIDATION OF
CERTAIN SPECIAL PAY AUTHORITIES.
(a) Family Care Plans.--Section 586 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
991 note) is amended by inserting ``or 351'' after ``section 310''.
(b) Dependents' Medical Care.--Section 1079(g)(1) of title 10,
United States Code, is amended by inserting ``or 351'' after ``section
310''.
(c) Retention on Active Duty During Disability Evaluation
Process.--Section 1218(d)(1) of title 10, United States Code, is
amended by inserting ``or 351'' after ``section 310''.
(d) Storage Space.--Section 362(1) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2825 note) is amended by inserting ``, or paragraph (1) or (3)
of section 351(a),'' after ``section 310''.
(e) Student Assistance Programs.--Sections 455(o)(3)(B) and
465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting ``, or
paragraph (1) or (3) of section 351(a),'' after ``section 310''.
(f) Armed Forces Retirement Home.--Section 1512(a)(3)(A) of the
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)(3)(A)) is
amended by inserting ``or 351'' after ``section 310''.
(g) Veterans of Foreign Wars Membership.--Section 230103(3) of
title 36, United States Code, is amended by inserting ``or 351'' after
``section 310''.
(h) Military Pay and Allowances.--Title 37, United States Code, is
amended--
(1) in section 212(a), by inserting ``, or paragraph (1) or (3)
of section 351(a),'' after ``section 310'';
(2) in section 402a(b)(3)(B), by inserting ``or 351'' after
``section 310'';
(3) in section 481a(a), by inserting ``or 351'' after ``section
310'';
(4) in section 907(d)(1)(H), by inserting ``or 351'' after
``section 310''; and
(5) in section 910(b)(2)(B), by inserting ``, or paragraph (1)
or (3) of section 351(a),'' after ``section 310''.
(i) Exclusions From Income for Purpose of Supplemental Security
Income.--Section 1612(b)(20) of the Social Security Act (42 U.S.C.
1382a(b)(20)) is amended by inserting ``, or paragraph (1) or (3) of
section 351(a),'' after ``section 310''.
(j) Exclusions From Income for Purpose of Head Start Program.--
Section 645(a)(3)(B)(i) of the Head Start Act (42 U.S.C.
9840(a)(3)(B)(i)) is amended by inserting ``or 351'' after ``section
310''.
(k) Exclusions From Gross Income for Federal Income Tax Purposes.--
Section 112(c)(5)(B) of the Internal Revenue Code of 1986 is amended by
inserting ``, or paragraph (1) or (3) of section 351(a),'' after
``section 310''.

Subtitle C--Travel and Transportation Allowances

SEC. 621. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAVEL EXPENSES OF
MEMBERS OF THE RESERVES ATTENDING INACTIVE DUTY TRAINING OUTSIDE
OF NORMAL COMMUTING DISTANCES.
Section 478a(c) of title 37, United States Code, is amended--
(1) by striking ``The amount'' and inserting the following:
``(1) Except as provided by paragraph (2), the amount''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary concerned may authorize, on a case-by-case
basis, a higher reimbursement amount for a member under subsection (a)
when the member--
``(A) resides--
``(i) in the same State as the training location; and
``(ii) outside of an urbanized area with a population of
50,000 or more, as determined by the Bureau of the Census; and
``(B) is required to commute to a training location--
``(i) using an aircraft or boat on account of limited or
nonexistent vehicular routes to the training location or other
geographical challenges; or
``(ii) from a permanent residence located more than 75
miles from the training location.''.

Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits

PART I--AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM

SEC. 631. ELECTION PERIOD FOR MEMBERS IN THE SERVICE ACADEMIES AND
INACTIVE RESERVES TO PARTICIPATE IN THE MODERNIZED RETIREMENT
SYSTEM.
(a) In General.--Paragraph (4)(C) of section 1409(b) of title 10,
United States Code, is amended--
(1) in clause (i), by striking ``and (iii)'' and inserting ``,
(iii), (iv), and (v)''; and
(2) by adding at the end the following new clauses:
``(iv) Cadets and midshipmen, etc.--A member of a
uniformed service who serves as a cadet, midshipman, or
member of the Senior Reserve Officers' Training Corps
during the election period specified in clause (i) shall
make the election described in subparagraph (B)--

``(I) on or after the date on which such cadet,
midshipman, or member of the Senior Reserve Officers'
Training Corps is appointed as a commissioned officer
or otherwise begins to receive basic pay; and
``(II) not later than 30 days after such date or
the end of such election period, whichever is later.

``(v) Inactive reserves.--A member of a reserve
component who is not in an active status during the
election period specified in clause (i) shall make the
election described in subparagraph (B)--

``(I) on or after the date on which such member is
transferred from an inactive status to an active status
or active duty; and
``(II) not later than 30 days after such date or
the end of such election period, whichever is later.''.

(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2018, immediately after the coming into
effect of the amendments made by section 631(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
842), to which the amendments made by subsection (a) relate.
SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNIFORMED
SERVICES ON PARTICIPATION IN THE THRIFT SAVINGS PLAN.
Effective as of the date of the enactment of this Act, paragraph
(2) of section 632(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 847) is repealed, and
the amendment proposed to be made by that paragraph shall not be made
or go into effect.
SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEMBERS WHO
HAVE COMPLETED 8 TO 12 YEARS OF SERVICE.
(a) Continuation Pay.--Subsection (a) of section 356 of title 37,
United States Code, is amended--
(1) by striking paragraph (1) and inserting the following new
paragraph (1):
``(1) has completed not less than 8 and not more than 12 years
of service in a uniformed service; and''; and
(2) in paragraph (2), by striking ``an additional 4 years'' and
inserting ``not less than 3 additional years''.
(b) Payment Amount.--Subsection (b) of such section is amended by
striking all the matter preceding paragraph (1) and inserting the
following:
``(b) Payment Amount.--The Secretary concerned shall determine the
payment amount under this section as a multiple of a full TSP member's
monthly basic pay. The multiple for a full TSP member who is a member
of a regular component or a reserve component, if the member is
performing active Guard and Reserve duty (as defined in section
101(d)(6) of title 10), shall not be less than 2.5 times the member's
monthly basic pay. The multiple for a full TSP member who is a member
of a reserve component not performing active Guard or Reserve duty (as
so defined) shall not be less than 0.5 times the monthly basic pay to
which the member would be entitled if the member were a member of a
regular component. The maximum amount the Secretary concerned may pay a
member under this section is--''.
(c) Timing of Payment.--Subsection (d) of such section is amended
to read as follows:
``(d) Timing of Payment.--The Secretary concerned shall pay
continuation pay under subsection (a) to a full TSP member when the
member has completed not less than 8 and not more than 12 years of
service in a uniformed service.''.
(d) Conforming and Clerical Amendments.--
(1) Heading.--The heading of such section is amended to read as
follows:
``Sec. 356. Continuation pay: full TSP members with 8 to 12 years of
service''.
(2) Table of sections.--The table of sections at the beginning
of chapter 5 of such title is amended by striking the item relating
to section 356 and inserting the following new item:

``356. Continuation pay: full TSP members with 8 to 12 years of
service.''.

(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2018, immediately after the coming into effect of
the amendments providing for section 356 of title 37, United States
Code, to which the amendments made by this section relate.
SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING
AMENDMENT.
(a) In General.--Section 1413a(b)(3)(B) of title 10, United States
Code, is amended by striking `` 2\1/2\ percent'' and inserting ``the
retired pay percentage (determined for the member under section 1409(b)
of this title)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2018, immediately after the coming into
effect of the amendments made by part I of subtitle D of title VI of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 842), to which the amendment made by subsection (a)
relates.

PART II--OTHER MATTERS

SEC. 641. USE OF MEMBER'S CURRENT PAY GRADE AND YEARS OF SERVICE
AND RETIRED PAY COST-OF-LIVING ADJUSTMENTS, RATHER THAN FINAL
RETIREMENT PAY GRADE AND YEARS OF SERVICE, IN A DIVISION OF
PROPERTY INVOLVING DISPOSABLE RETIRED PAY.
(a) In General.--Section 1408(a)(4) of title 10, United States
Code, is amended--
(1) by redesignating subparagraphs (A), (B), (C), (D) as
clauses (i), (ii), (iii), (iv), respectively;
(2) by inserting ``(A)'' after ``(4)'';
(3) in subparagraph (A), as designated by paragraph (2), by
inserting ``(as determined pursuant to subparagraph (B)'' after
``member is entitled''; and
(4) by adding at the end the following new subparagraph:
``(B) For purposes of subparagraph (A), the total monthly
retired pay to which a member is entitled shall be--
``(i) the amount of basic pay payable to the member for the
member's pay grade and years of service at the time of the
court order, as increased by
``(ii) each cost-of-living adjustment that occurs under
section 1401a(b) of this title between the time of the court
order and the time of the member's retirement using the
adjustment provisions under that section applicable to the
member upon retirement.''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply with respect to any division of property as part of a
final decree of divorce, dissolution, annulment, or legal separation
involving a member of the Armed Forces to which section 1408 of title
10, United States Code, applies that becomes final after the date of
the enactment of this Act.
SEC. 642. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVORS
OF RESERVE COMPONENT MEMBERS WHO DIE IN THE LINE OF DUTY DURING
INACTIVE-DUTY TRAINING.
(a) Treatment of Inactive-Duty Training in Same Manner as Active
Duty.--Section 1451(c)(1)(A) of title 10, United States Code, is
amended--
(1) in clause (i)--
(A) by inserting ``or 1448(f)'' after ``section 1448(d)'';
and
(B) by inserting ``or (iii)'' after ``clause (ii)''; and
(2) in clause (iii)--
(A) by striking ``section 1448(f) of this title'' and
inserting ``section 1448(f)(1)(A) of this title by reason of
the death of a member or former member not in line of duty'';
and
(B) by striking ``active service'' and inserting
``service''.
(b) Consistent Treatment of Dependent Children.--Paragraph (2) of
section 1448(f) of title 10, United States Code, is amended to read as
follows:
``(2) Dependent children annuity.--
``(A) Annuity when no eligible surviving spouse.--In the
case of a person described in paragraph (1), the Secretary
concerned shall pay an annuity under this subchapter to the
dependent children of that person under section 1450(a)(2) of
this title as applicable.
``(B) Optional annuity when there is an eligible surviving
spouse.--The Secretary may pay an annuity under this subchapter
to the dependent children of a person described in paragraph
(1) under section 1450(a)(3) of this title, if applicable,
instead of paying an annuity to the surviving spouse under
paragraph (1), if the Secretary concerned, in consultation with
the surviving spouse, determines it appropriate to provide an
annuity for the dependent children under this paragraph instead
of an annuity for the surviving spouse under paragraph (1).''.
(c) Deemed Elections.--Section 1448(f) of title 10, United States
Code, is further amended by adding at the end the following new
paragraph:
``(5) Deemed election to provide an annuity for dependent.--
Paragraph (6) of subsection (d) shall apply in the case of a member
described in paragraph (1) who dies after November 23, 2003, when
no other annuity is payable on behalf of the member under this
subchapter.''.
(d) Availability of Special Survivor Indemnity Allowance.--Section
1450(m)(1)(B) of title 10, United States Code, is amended by inserting
``or (f)'' after ``subsection (d)''.
(e) Application of Amendments.--
(1) Payment.--No annuity benefit under subchapter II of chapter
73 of title 10, United States Code, shall accrue to any person by
reason of the amendments made by this section for any period before
the date of the enactment of this Act.
(2) Elections.--For any death that occurred before the date of
the enactment of this Act with respect to which an annuity under
such subchapter is being paid (or could be paid) to a surviving
spouse, the Secretary concerned may, within six months of that date
and in consultation with the surviving spouse, determine it
appropriate to provide an annuity for the dependent children of the
decedent under paragraph 1448(f)(2)(B) of title 10, United States
Code, as added by subsection (b), instead of an annuity for the
surviving spouse. Any such determination and resulting change in
beneficiary shall be effective as of the first day of the first
month following the date of the determination.
SEC. 643. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PREMIUMS FROM
COMBAT-RELATED SPECIAL COMPENSATION WHEN RETIRED PAY NOT
SUFFICIENT.
(a) Authority.--Subsection (d) of section 1452 of title 10, United
States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Deduction from combat-related special compensation when
retired pay not adequate.--In the case of a person who has elected
to participate in the Plan and who has been awarded both retired
pay and combat-related special compensation under section 1413a of
this title, if a deduction from the person's retired pay for any
period cannot be made in the full amount required, there shall be
deducted from the person's combat-related special compensation in
lieu of deduction from the person's retired pay the amount that
would otherwise have been deducted from the person's retired pay
for that period.''.
(b) Conforming Amendments to Section 1452.--
(1) Subsection (d) of such section is further amended--
(A) in the subsection heading, by inserting ``or Not
Sufficient'' after ``Not Paid'';
(B) in paragraph (1), by inserting before the period at the
end the following: ``, except to the extent that the required
deduction is made pursuant to paragraph (2)''; and
(C) in paragraph (3), as redesignated by subsection (a)(1),
by striking ``Paragraph (1) does not'' and inserting
``Paragraphs (1) and (2) do not''.
(2) Subsection (f)(1) of such section is amended by inserting
``or combat-related special compensation'' after ``from retired
pay''.
(3) Subsection (g)(4) of such section is amended--
(A) in the paragraph heading, by inserting ``or crsc''
after ``retired pay''; and
(B) by inserting ``or combat-related special compensation''
after ``from the retired pay''.
(c) Conforming Amendments to Other Provisions of SBP Statute.--
(1) Section 1449(b)(2) of such title is amended--
(A) in the paragraph heading, by inserting ``or crsc''
after ``retired pay''; and
(B) by inserting ``or combat-related special compensation''
after ``from retired pay''.
(2) Section 1450(e) of such title is amended--
(A) in the subsection heading, by inserting ``or CRSC''
after ``Retired Pay''; and
(B) in paragraph (1), by inserting ``or combat-related
special compensation'' after ``from the retired pay''.
SEC. 644. EXTENSION OF ALLOWANCE COVERING MONTHLY PREMIUM FOR
SERVICEMEMBERS' GROUP LIFE INSURANCE WHILE IN CERTAIN OVERSEAS
AREAS TO COVER MEMBERS IN ANY COMBAT ZONE OR OVERSEAS DIRECT
SUPPORT AREA.
(a) Expansion of Coverage.--Subsection (a) of section 437 of title
37, United States Code, is amended--
(1) by inserting ``(1)'' before ``In the case of'';
(2) by striking ``who serves in the theater of operations for
Operation Enduring Freedom or Operation Iraqi Freedom'' and
inserting ``who serves in a designated duty assignment''; and
(3) by adding at the end the following new paragraph:
``(2) In this subsection, the term `designated duty assignment'
means a permanent or temporary duty assignment outside the United
States or its possessions in support of a contingency operation in an
area that--
``(A) has been designated a combat zone; or
``(B) is in direct support of an area that has been designated
a combat zone.''.
(b) Conforming Amendments.--
(1) Cross-reference.--Subsection (b) of such section is amended
by striking ``theater of operations'' and inserting ``designated
duty assignment''.
(2) Section heading.--The heading of such section is amended to
read as follows:
``Sec. 437. Allowance to cover monthly premiums for Servicemembers'
Group Life Insurance: members serving in a designated duty
assignment''.
(3) Table of sections.--The item relating to section 437 in the
table of sections at the beginning of chapter 7 of such title is
amended to read as follows:

``437. Allowance to cover monthly premium for Servicemembers' Group Life
Insurance: members serving in a designated duty assignment.''.

(c) Effective Date.--The amendments made by this section shall
apply to service by members of the Armed Forces in a designated duty
assignment (as defined in subsection (a)(2) of section 437 of title 37,
United States Code) for any month beginning on or after the date of the
enactment of this Act.
SEC. 645. AUTHORITY FOR PAYMENT OF PAY AND ALLOWANCES AND RETIRED
AND RETAINER PAY PURSUANT TO POWER OF ATTORNEY.
Section 602 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``, in the opinion of a board of medical
officers or physicians,''; and
(B) by striking ``use or benefit'' and all that follows
through ``any person designated'' and inserting the following:
``use or benefit to--
``(1) a legal committee, guardian, or other representative that
has been appointed by a court of competent jurisdiction;
``(2) an individual to whom the member has granted authority to
manage such funds pursuant to a valid and legally executed durable
power of attorney; or
``(3) any person designated'';
(2) in subsection (b)--
(A) by striking ``The board shall consist'' and inserting
``An individual may not be designated under subsection (a)(3)
to receive payments unless a board consisting''; and
(B) by inserting ``determines that the member is mentally
incapable of managing the member's affairs. Any such board
shall be'' after ``treatment of mental disorders,'';
(3) in subsection (c), by striking ``designated'' and inserting
``authorized to receive payments'';
(4) in subsection (d), by inserting ``, unless a court of
competent jurisdiction orders payment of such fee, commission, or
other charge'' before the period;
(5) by striking subsection (e);
(6) by redesignating subsection (f) as subsection (e); and
(7) in subsection (e), as redesignated by paragraph (6)--
(A) by inserting ``under subsection (a)(3)'' after ``who is
designated''; and
(B) by striking ``$1,000'' and inserting ``$25,000''.
SEC. 646. EXTENSION OF AUTHORITY TO PAY SPECIAL SURVIVOR INDEMNITY
ALLOWANCE UNDER THE SURVIVOR BENEFIT PLAN.
Section 1450(m) of title 10, United States Code, is amended--
(1) in paragraph (2)(I), by striking ``fiscal year 2017'' and
inserting ``each of fiscal years 2017 and 2018''; and
(2) in paragraph (6)--
(A) by striking ``September 30, 2017'' and inserting ``May
31, 2018''; and
(B) by striking ``October 1, 2017'' both places it appears
and inserting ``June 1, 2018''.
SEC. 647. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED INJURY
REHABILITATION PAY.
(a) Repeal.--Section 328 of title 37, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by striking the item relating to
section 328.
SEC. 648. INDEPENDENT ASSESSMENT OF THE SURVIVOR BENEFIT PLAN.
(a) Assessment Required.--The Secretary of Defense shall provide
for an independent assessment of the Survivor Benefit Plan (SBP) under
subchapter II of chapter 73 of title 10, United States Code, by a
Federally-funded research and development center (FFRDC).
(b) Assessment Elements.--The assessment conducted pursuant to
subsection (a) shall include, but not be limited to, the following:
(1) The purposes of the Survivor Benefit Plan, the manner in
which the Plan interacts with other Federal programs to provide
financial stability and resources for survivors of members of the
Armed Forces and military retirees, and a comparison between the
benefits available under the Plan, on the one hand, and benefits
available to Government and private sector employees, on the other
hand, intended to provide financial stability and resources for
spouses and other dependents when a primary family earner dies.
(2) The effectiveness of the Survivor Benefit Plan in providing
survivors with intended benefits, including the provision of
survivor benefits for survivors of members of the Armed Forces
dying on active duty and members dying while in reserve active-
status.
(3) The feasibility and advisability of providing survivor
benefits through alternative insurance products available
commercially for similar purposes, the extent to which the
Government could subsidize such products at no cost in excess of
the costs of the Survivor Benefit Plan, and the extent to which
such products might meet the needs of survivors, especially those
on fixed incomes, to maintain financial stability.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
setting forth the results of the assessment conducted pursuant to
subsection (a), together with such recommendations as the Secretary
considers appropriate for legislative or administration action in light
of the results of the assessment.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

SEC. 661. PROTECTION AND ENHANCEMENT OF ACCESS TO AND SAVINGS AT
COMMISSARIES AND EXCHANGES.
(a) Optimization Strategy.--Section 2481(c) of title 10, United
States Code, is amended by adding at the end the following paragraph:
``(3)(A) The Secretary of Defense shall develop and implement a
comprehensive strategy to optimize management practices across the
defense commissary system and the exchange system that reduce reliance
of those systems on appropriated funding without reducing benefits to
the patrons of those systems or the revenue generated by
nonappropriated fund entities or instrumentalities of the Department of
Defense for the morale, welfare, and recreation of members of the armed
forces.
``(B) The Secretary shall ensure that savings generated due to such
optimization practices are shared by the defense commissary system and
the exchange system through contracts or agreements that appropriately
reflect the participation of the systems in the development and
implementation of such practices.
``(C) If the Secretary determines that the reduced reliance on
appropriated funding pursuant to subparagraph (A) is insufficient to
maintain the benefits to the patrons of the defense commissary system,
and if the Secretary converts the defense commissary system to a
nonappropriated fund entity or instrumentality pursuant to paragraph
(1) of section 2484(j) of this title, the Secretary shall transfer
appropriated funds pursuant to paragraph (2) of such section to ensure
the maintenance of such benefits.
``(4) On not less than a quarterly basis, the Secretary shall
provide to the congressional defense committees a briefing on the
defense commissary system, including--
``(A) an assessment of the savings the system provides patrons;
``(B) the status of implementing section 2484(i) of this title;
``(C) the status of implementing section 2484(j) of this title,
including whether the system requires any appropriated funds
pursuant to paragraph (2) of such section;
``(D) the status of carrying out a program for such system to
sell private label merchandise; and
``(E) any other matters the Secretary considers appropriate.''.
(b) Authorization to Supplement Appropriations Through Business
Optimization.--Section 2483(c) of such title is amended by adding at
the end the following new sentence: ``Such appropriated amounts may
also be supplemented with additional funds derived from improved
management practices implemented pursuant to sections 2481(c)(3) and
2487(c) of this title and the variable pricing program implemented
pursuant to section 2484(i) of this title.''.
(c) Variable Pricing Pilot Program.--Section 2484 of such title is
amended by adding at the end the following new subsections:
``(i) Variable Pricing Program.--(1) Notwithstanding subsection
(e), and subject to subsection (k), the Secretary of Defense may
establish a variable pricing program pursuant to which prices may be
established in response to market conditions and customer demand, in
accordance with the requirements of this subsection. Notwithstanding
the amount of the uniform surcharge assessed in subsection (d), the
Secretary may provide for an alternative surcharge of not more than
five percent of sales proceeds under the variable pricing program to be
made available for the purposes specified in subsection (h).
``(2) Subject to subsection (k), before establishing a variable
pricing program under this subsection, the Secretary shall establish
the following:
``(A) Specific, measurable benchmarks for success in the
provision of high quality grocery merchandise, discount savings to
patrons, and levels of customer satisfaction while achieving
savings for the Department of Defense.
``(B) A baseline of overall savings to patrons achieved by
commissary stores prior to the initiation of the variable pricing
program, based on a comparison of prices charged by those stores on
a regional basis with prices charged by relevant local competitors
for a representative market basket of goods.
``(3) The Secretary shall ensure that the defense commissary system
implements the variable pricing program by conducting price comparisons
using the methodology established for paragraph (2)(B) and adjusting
pricing as necessary to ensure that pricing in the variable pricing
program achieves overall savings to patrons that are consistent with
the baseline savings established for the relevant region pursuant to
such paragraph.
``(j) Conversion to Nonappropriated Fund Entity or
Instrumentality.--(1) Subject to subsection (k), if the Secretary of
Defense determines that the variable pricing program has met the
benchmarks for success established pursuant to paragraph (2)(A) of
subsection (i) and the savings requirements established pursuant to
paragraph (3) of such subsection over a period of at least six months,
the Secretary may convert the defense commissary system to a
nonappropriated fund entity or instrumentality, with operating expenses
financed in whole or in part by receipts from the sale of products and
the sale of services. Upon such conversion, appropriated funds shall be
transferred to the defense commissary system only in accordance with
paragraph (2) or section 2491 of this title. The requirements of
section 2483 of this title shall not apply to the defense commissary
system operating as a nonappropriated fund entity or instrumentality.
``(2) If the Secretary determines that the defense commissary
system operating as a nonappropriated fund entity or instrumentality is
likely to incur a loss in any fiscal year as a result of compliance
with the savings requirement established in subsection (i), the
Secretary shall authorize a transfer of appropriated funds available
for such purpose to the commissary system in an amount sufficient to
offset the anticipated loss. Any funds so transferred shall be
considered to be nonappropriated funds for such purpose.
``(3)(A) The Secretary may identify positions of employees in the
defense commissary system who are paid with appropriated funds whose
status may be converted to the status of an employee of a
nonappropriated fund entity or instrumentality.
``(B) The status and conversion of employees in a position
identified by the Secretary under subparagraph (A) shall be addressed
as provided in section 2491(c) of this title for employees in morale,
welfare, and recreation programs, including with respect to requiring
the consent of such employee to be so converted.
``(C) No individual who is an employee of the defense commissary
system as of the date of the enactment of this subsection shall suffer
any loss of or decrease in pay as a result of a conversion made under
this paragraph.
``(k) Oversight Required To Ensure Continued Benefit to Patrons.--
(1) With respect to each action described in paragraph (2), the
Secretary of Defense may not carry out such action until--
``(A) the Secretary provides to the congressional defense
committees a briefing on such action, including a justification for
such action; and
``(B) a period of 30 days has elapsed following such briefing.
``(2) The actions described in this paragraph are the following:
``(A) Establishing the representative market basket of goods
pursuant to subsection (i)(2)(B).
``(B) Establishing the variable pricing program under
subsection (i)(1).
``(C) Converting the defense commissary system to a
nonappropriated fund entity or instrumentality under subsection
(j)(1).''.
(d) Establishment of Common Business Practices.--Section 2487 of
such title is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Common Business Practices.--(1) Notwithstanding subsections
(a) and (b), the Secretary of Defense may establish common business
processes, practices, and systems--
``(A) to exploit synergies between the defense commissary
system and the exchange system; and
``(B) to optimize the operations of the defense retail systems
as a whole and the benefits provided by the commissaries and
exchanges.
``(2) The Secretary may authorize the defense commissary system and
the exchange system to enter into contracts or other agreements--
``(A) for products and services that are shared by the defense
commissary system and the exchange system; and
``(B) for the acquisition of supplies, resale goods, and
services on behalf of both the defense commissary system and the
exchange system.
``(3) For the purpose of a contract or agreement authorized under
paragraph (2), the Secretary may--
``(A) use funds appropriated pursuant to section 2483 of this
title to reimburse a nonappropriated fund entity or instrumentality
for the portion of the cost of a contract or agreement entered by
the nonappropriated fund entity or instrumentality that is
attributable to the defense commissary system; and
``(B) authorize the defense commissary system to accept
reimbursement from a nonappropriated fund entity or instrumentality
for the portion of the cost of a contract or agreement entered by
the defense commissary system that is attributable to the
nonappropriated fund entity or instrumentality.''.
(e) Authority for Expert Commercial Advice.--Section 2485 of such
title is amended by adding at the end the following new subsection:
``(i) Expert Commercial Advice.--The Secretary of Defense may enter
into a contract with an entity to obtain expert commercial advice,
commercial assistance, or other similar services not otherwise carried
out by the Defense Commissary Agency, to implement section 2481(c),
subsections (i) and (j) of section 2484, and section 2487(c) of this
title.''.
(f) Clarification of References to ``the Exchange System''.--
Section 2481(a) of such title is amended by adding at the end the
following new sentence: `` Any reference in this chapter to `the
exchange system' shall be treated as referring to each separate
administrative entity within the Department of Defense through which
the Secretary has implemented the requirement under this subsection for
a world-wide system of exchange stores.''.
(g) Operation of Defense Commissary System as a Nonappropriated
Fund Entity.--In the event that the defense commissary system is
converted to a nonappropriated fund entity or instrumentality as
authorized by section 2484(j)(1) of title 10, United States Code, as
added by subsection (c) of this section, the Secretary of Defense may--
(1) provide for the transfer of commissary assets, including
inventory and available funds, to the nonappropriated fund entity
or instrumentality; and
(2) ensure that revenues accruing to the defense commissary
system are appropriately credited to the nonappropriated fund
entity or instrumentality.
(h) Conforming Change.--Section 2643(b) of such title is amended by
adding at the end the following new sentence: ``Such appropriated funds
may be supplemented with additional funds derived from improved
management practices implemented pursuant to sections 2481(c)(3) and
2487(c) of this title.''.
SEC. 662. ACCEPTANCE OF MILITARY STAR CARD AT COMMISSARIES.
(a) In General.--The Secretary of Defense shall ensure that--
(1) commissary stores accept as payment the Military Star Card;
and
(2) any financial liability of the United States relating to
such acceptance as payment be assumed by the Army and Air Force
Exchange Service.
(b) Military Star Card Defined.--In this section, the term
``Military Star Card'' means a credit card administered under the
Exchange Credit Program by the Army and Air Force Exchange Service.

Subtitle F--Other Matters

SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY MEMBERS
OF THE UNIFORMED SERVICES.
(a) Statute of Limitations.--Section 1007(c)(3) of title 37, United
States Code, is amended by adding at the end the following new
subparagraphs:
``(C)(i) In accordance with clause (ii), if the indebtedness of a
member of the uniformed services to the United States occurs, through
no fault of the member, as a result of the overpayment of pay or
allowances to the member or upon the settlement of the member's
accounts, the Secretary concerned may not recover the indebtedness from
the member, including a retired or former member, using deductions from
the pay of the member, deductions from retired or separation pay, or
any other collection method unless recovery of the indebtedness
commences before the end of the 10-year period beginning on the date on
which the indebtedness was incurred.
``(ii) Clause (i) applies with respect to indebtedness incurred on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017.
``(D)(i) Not later than January 1 of each of 2017 through 2027, the
Director of the Defense Finance and Accounting Service shall review all
cases occurring during the 10-year period prior to the date of the
review of indebtedness of a member of the uniformed services, including
a retired or former member, to the United States in which--
``(I) the recovery of the indebtedness commenced after the end
of the 10-year period beginning on the date on which the
indebtedness was incurred; or
``(II) the Director did not otherwise notify the member of such
indebtedness during such 10-year period.
``(ii) The Director shall submit to the congressional defense
committees and the Committees on Veterans' Affairs of the House of
Representatives and the Senate each review conducted under clause (i),
including the amounts owed to the United States by the members included
in such review.''.
(b) Remission or Cancellation of Indebtedness of Reserves Not on
Active Duty.--
(1) Army.--Section 4837(a) of title 10, United States Code, is
amended by striking ``on active duty as a member of the Army'' and
inserting ``as a member of the Army, whether as a regular or a
reserve in active status''.
(2) Navy.--Section 6161(a) of such title is amended by striking
``on active duty as a member of the naval service'' and inserting
``as a member of the naval service, whether as a regular or a
reserve in active status''.
(3) Air force.--Section 9837(a) of such title is amended by
striking ``on active duty as a member of the Air Force'' and
inserting ``as a member of the Air Force, whether as a regular or a
reserve in active status''.
(4) Coast guard.--Section 461(1) of title 14, United States
Code, is amended by striking ``on active duty as a member of the
Coast Guard'' and inserting ``as a member of the Coast Guard,
whether as a regular or a reserve in active status''.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act, and
shall apply with respect to debt incurred on or after October 7,
2001.
(c) Benefits Paid to Members of California National Guard.--
(1) Review of certain benefits paid.--
(A) In general.--The Secretary of Defense shall conduct a
review of all bonus pays, special pays, student loan
repayments, and similar special payments that were paid to
members of the National Guard of the State of California during
the period beginning on January 1, 2004, and ending on December
31, 2015.
(B) Exception.--A review is not required under this
paragraph for benefits paid as described in subparagraph (A)
that were reviewed before the date of the enactment of this Act
and in which fraud or other ineligibility was identified in
connection with payment.
(C) Conduct of review.--The Secretary shall establish a
process to expedite the review required by this paragraph. The
Secretary shall allocate appropriate personnel and other
resources of the Department of Defense for the process, and for
such other purposes as the Secretary considers appropriate, in
order to achieve the completion of the review by the date
specified in subparagraph (D).
(D) Completion.--The review required by this paragraph
shall be completed by not later than July 30, 2017.
(2) Review.--
(A) In general.--In conducting the review of benefits paid
to members of the National Guard of the State of California
pursuant to paragraph (1), the board of review concerned
shall--
(i) carry out a complete review of all bonus pay and
special pay contracts awarded to such members during the
period described in paragraph (1)(A) for which the
Department has reason to believe a recoupment of pay may be
warranted in order to determine whether such members were
eligible for the contracts so awarded and whether the
contracts so awarded accurately specified the amounts of
pay for which members were eligible;
(ii) carry out a complete review of all student loan
repayment contracts awarded to such members during the
period for which the Department has reason to believe a
recoupment of payment may be warranted in order to
determine whether such members were eligible for the
contracts so awarded and whether the contracts so awarded
accurately specified the amounts of payment for which
members were eligible;
(iii) carry out a complete review of any other similar
special payments paid to such members during the period for
which the Department has reason to believe a recoupment of
payments may be warranted in order to determine whether
such members were eligible for payment and in such amount;
(iv) if any member is determined not to have been
eligible for a bonus pay, special pay, student loan
repayment, or other special payment paid, determine whether
waiver of recoupment is warranted; and
(v) if any bonus pay, special pay, student loan
repayment, or other special payment paid to any such member
during the period has been recouped, determine whether the
recoupment was unwarranted.
(B) Waiver of recoupment.--For purposes of clause (iv) of
subparagraph (A), the board of review shall determine that
waiver of recoupment is warranted with respect to a particular
member unless the board makes an affirmative determination, by
a preponderance of the evidence, that the member knew or
reasonably should have known that the member was ineligible for
the bonus pay, special pay, student loan repayment, or other
special payment otherwise subject to recoupment.
(C) Propriety of recoupment.--For purposes of clause (v) of
subparagraph (A), the board of review shall determine that
recoupment was unwarranted with respect to a particular member
unless the board makes an affirmative determination, by a
preponderance of the evidence, that the member knew or
reasonably should have known that the member was ineligible for
the bonus pay, special pay, student loan repayment, or other
special payment recouped.
(D) Standard of review.--In applying subparagraph (B) or
(C) in making a determination under clause (iv) or (v) of
subparagraph (A), as applicable, with respect to a member, the
board of review shall evaluate the evidence in a light most
favorable to the member.
(3) Participation of members.--
(A) In general.--A member subject to a determination under
clause (iv) or (v) of paragraph (2)(A) may submit to the board
of review concerned such documentary and other evidence as the
member considers appropriate to assist the board of review in
the determination.
(B) Notice.--The Secretary shall notify, in writing, each
member subject to a determination under clause (iv) or (v) of
paragraph (2)(A) of the review under paragraph (1) and the
applicability of the determination process under such clause to
such member. The notice shall be provided at a time designed to
give each member a reasonable opportunity to submit documentary
and other evidence as authorized by subparagraph (A). The
notice shall provide each member the following:
(i) Notice of the opportunity for such member to submit
evidence to assist the board of review.
(ii) A description of resources available to such
member to submit such evidence.
(C) Consideration.--In making a determination under clause
(iv) or (v) of paragraph (2)(A) with respect to a member, the
board of review shall undertake a comprehensive review of any
submissions made by the member pursuant to this paragraph.
(4) Actions following review.--
(A) Waiver of recoupment.--Upon completion of a review
pursuant to paragraph (2)(A)(iv) with respect to a member--
(i) the board of review shall submit to the Secretary
concerned a notice setting forth--

(I) the determination of the board pursuant to that
paragraph with respect to the member; and
(II) the recommendation of the board whether or not
the recoupment of the bonus pay, special pay, student
loan repayment, or other special payment covered by the
determination should be waived; and

(ii) the Secretary may waive recoupment of the pay,
repayment, or other payment from the member.
(B) Repayment of amount recouped.--Upon completion of a
review pursuant to paragraph (2)(A)(v) with respect to a
member--
(i) the board of review shall submit to the Secretary
concerned a notice setting forth--

(I) the determination of the board pursuant to that
paragraph with respect to the member; and
(II) the recommendation of the board whether or not
the recouped bonus pay, special pay, student loan
repayment, or other special payment covered by the
determination should be repaid the member; and

(ii) the Secretary may repay the member the amount so
recouped.
(C) Consumer credit and related matters.--If the Secretary
concerned waives recoupment of a bonus pay, special pay,
student loan repayment, or other special payment paid a member
pursuant to paragraph (4)(A)(ii), or repays a member an amount
of a bonus pay, special pay, student loan repayment, or other
special payment recouped pursuant to paragraph (4)(B)(ii), the
Secretary shall--
(i) in the event the Secretary had previously notified
a consumer reporting agency of the existence of the debt
subject to the relief granted the member pursuant to this
paragraph, notify such consumer reporting agency that such
debt was never valid; and
(ii) if the member is experiencing or has experienced
financial hardship as a result of the actions of the United
States to obtain recoupment of such debt, assist the
member, to the extent practicable, in addressing such
financial hardship in accordance with such mechanisms as
the Secretary shall develop for purposes of this clause.
(D) Effect of consumer credit notification.--A consumer
reporting agency notified of the invalidity of a debt pursuant
to subparagraph (C)(i) may not, after the date of the notice,
make any consumer report containing any information relating to
the debt.
(E) Definitions.--In this paragraph, the terms ``consumer
reporting agency'' and ``consumer report'' have the meaning
given such terms in section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a).
(5) Funding.--Amounts for activities under this subsection,
including for the conduct of the review required by paragraph (1),
for activities in connection with the review, for repayments
pursuant to paragraph (4)(B), and for activities under paragraph
(4)(C), shall be derived from amounts available for the National
Guard of the United States for the State of California.
(6) Secretary of defense report.--
(A) In general.--Not later than August 1, 2017, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the review conducted pursuant to paragraph (1).
(B) Elements.--The report under this paragraph shall
include the following:
(i) The total amount of bonus pays, special pays,
student loan repayments, and other special pays paid to
members of the National Guard of the State of California
during the period beginning on September 1, 2001, and
ending on December 31, 2015.
(ii) The number of bonus pay and special pay contracts
reviewed pursuant to paragraph (2)(A)(i), and the amounts
of such pays paid under each such contract.
(iii) The number of student loan repayment contracts
reviewed pursuant to paragraph (2)(A)(ii), and the amounts
of such payments made pursuant to each such contract.
(iv) The number of other special pay payments reviewed
pursuant to paragraph (2)(A)(iii), and the amounts of such
payments made to each particular member so paid.
(v) The number of bonus pay and special pay contracts,
student loan repayments, and other special pay payments
that were determined pursuant to the review to be paid in
error, and the total amount, if any, recouped from each
member concerned.
(vi) Any additional fraud or other ineligibility
identified in the course of the review in the payment of
bonus pays, special pays, student loan repayments, and
other special pays paid to the members of the National
Guard of the State of California during the period
beginning on September 1, 2001, and ending on December 31,
2015.
(7) Comptroller general report.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
actions of the National Guard of the State of California
relating to the payment of bonus pays, special pays, student
loan repayments, and other special pays from 2004 through 2015.
(B) Elements.--The report under this paragraph shall
include the following:
(i) An assessment whether the National Guard of the
State of California and the National Guard Bureau have
established policies and procedures that will minimize the
chance of improper payment of such pays and repayments and
of managerial abuse in the payment of such pays and
repayments.
(ii) An assessment whether the procedures, processes,
and resources of the Defense Finance and Accounting Service
and the Defense Office of Hearings and Appeals were
appropriate to identify and respond to fraud or other
ineligibility in connection with the payment of such pays
and repayments, and to do so in a timely manner.
(iii) Any recommendations the Comptroller General
considers appropriate to streamline the procedures and
processes for the waiver of recoupment of the payment of
such pays and repayments by the United States when
recoupment is unwarranted.
SEC. 672. MODIFICATION OF FLAT RATE PER DIEM REQUIREMENT FOR
PERSONNEL ON LONG-TERM TEMPORARY DUTY ASSIGNMENTS.
(a) Modification of Flat Rate.--
(1) In general.--The Secretary of Defense shall take such
action as may be necessary to provide that, to the extent that
regulations implementing travel and transportation authorities for
military and civilian personnel of the Department of Defense impose
a flat rate per diem for meals and incidental expenses for
authorized travelers on long-term temporary duty assignments that
is at a reduced rate compared to the per diem rate otherwise
applicable, the Secretary concerned may waive the applicability of
such reduced rate and pay such travelers actual expenses up to the
full per diem rate for such travel in any case when the Secretary
concerned determines that the reduced flat rate per diem for meals
and incidental expenses is not sufficient under the circumstances
of the temporary duty assignment.
(2) Applicability.--The Secretary concerned may exercise the
authority provided pursuant to paragraph (1) with respect to per
diem payable for any day on or after the date of the enactment of
this Act.
(b) Delegation of Authority.--The authority pursuant to subsection
(a) may be delegated by the Secretary concerned to an officer at the
level of lieutenant general or vice admiral, or above. Such authority
may not be delegated to an officer below that level.
(c) Waiver of Collection of Receipts.--The Secretary concerned or
an officer to whom the authority pursuant to subsection (a) is
delegated pursuant to subsection (b) may waive any requirement for the
submittal of receipts by travelers on long-term temporary duty
assignments for the purpose of receiving the full per diem rate
pursuant to subsection (a) if the Secretary concerned or officer, as
described in subsection (b), personally certifies that requiring
travelers to submit receipts for that purpose will negatively affect
mission performance or create an undue administrative burden.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 37, United States Code.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Reform of TRICARE and Military Health System

Subtitle B--Other Health Care Benefits

Subtitle C--Health Care Administration

Subtitle D--Reports and Other Matters

Subtitle A--Reform of TRICARE and Military Health System

SEC. 701. TRICARE SELECT AND OTHER TRICARE REFORM.
(a) Establishment of TRICARE Select.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074n the following new section:
``Sec. 1075. TRICARE Select
``(a) Establishment.--(1) Not later than January 1, 2018, the
Secretary of Defense shall establish a self-managed, preferred-provider
network option under the TRICARE program. Such option shall be known as
`TRICARE Select'.
``(2) The Secretary shall establish TRICARE Select in all areas.
Under TRICARE Select, eligible beneficiaries will not have restrictions
on the freedom of choice of the beneficiary with respect to health care
providers.
``(b) Enrollment Eligibility.--(1) The beneficiary categories for
purposes of eligibility to enroll in TRICARE Select and cost-sharing
requirements applicable to such category are as follows:
``(A) An `active-duty family member' category that consists of
beneficiaries who are covered by section 1079 of this title (as
dependents of active duty members).
``(B) A `retired' category that consists of beneficiaries
covered by subsection (c) of section 1086 of this title, other than
Medicare-eligible beneficiaries described in subsection (d)(2) of
such section.
``(C) A `reserve and young adult' category that consists of
beneficiaries who are covered by--
``(i) section 1076d of this title;
``(ii) section 1076e; or
``(iii) section 1110b.
``(2) A covered beneficiary who elects to participate in TRICARE
Select shall enroll in such option under section 1099 of this title.
``(c) Cost-sharing Requirements.--The cost-sharing requirements
under TRICARE Select are as follows:
``(1) With respect to beneficiaries in the active-duty family
member category or the retired category by reason of being a member
or former member of the uniformed services who originally enlists
or is appointed in the uniformed services on or after January 1,
2018, or by reason of being a dependent of such a member, the cost-
sharing requirements shall be calculated pursuant to subsection
(d)(1).
``(2)(A) Except as provided by subsection (e), with respect to
beneficiaries described in subparagraph (B) in the active-duty
family member category or the retired category, the cost-sharing
requirements shall be calculated as if the beneficiary were
enrolled in TRICARE Extra or TRICARE Standard as if TRICARE Extra
or TRICARE Standard, as the case may be, were still being carried
out by the Secretary.
``(B) Beneficiaries described in this subparagraph are
beneficiaries who are eligible to enroll in the TRICARE program by
reason of being a member or former member of the uniformed services
who originally enlists or is appointed in the uniformed services
before January 1, 2018, or by reason of being a dependent of such a
member.
``(3) With respect to beneficiaries in the reserve and young
adult category, the cost-sharing requirements shall be calculated
pursuant to subsection (d)(1) as if the beneficiary were in the
active-duty family member category or the retired category, as
applicable, except that the premiums calculated pursuant to section
1076d, 1076e, or 1110b of this title, as the case may be, shall
apply instead of any enrollment fee required under this section.
``(d) Cost-sharing Amounts for Certain Beneficiaries.--(1)
Beneficiaries described in subsection (c)(1) enrolled in TRICARE Select
shall be subject to cost-sharing requirements in accordance with the
amounts and percentages under the following table during calendar year
2018 and as such amounts are adjusted under paragraph (2) for
subsequent years:

----------------------------------------------------------------------------------------------------------------
Active-Duty Family Member (Individual/
``TRICARE Select Family) Retired (Individual/Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $0 $450 / $900
----------------------------------------------------------------------------------------------------------------
Annual deductible E4 & below: $50 / $100 $150 / $300 Network
E5 & above: $150 / $300 $300 / $600 out of network
----------------------------------------------------------------------------------------------------------------
Annual $1,000 $3,500
catastrophic cap
----------------------------------------------------------------------------------------------------------------
Outpatient visit $15 primary care $25 primary care
civilian network
$25 specialty care $40 specialty care
............................................. .............................................
Out of network: 20% 25% of out of network
----------------------------------------------------------------------------------------------------------------
ER visit civilian $40 network $80 network
network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Urgent care $20 network $40 network
civilian network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery $25 network $95 network
civilian network
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian $15 $60
network
----------------------------------------------------------------------------------------------------------------
Durable medical 10% of negotiated fee 20% network
equipment
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient visit $60 per network admission $175 per admission network
civilian network
............................................. .............................................
20% out of network 25% out of network
----------------------------------------------------------------------------------------------------------------
Inpatient skilled $25 per day network $50 per day network
nursing/rehab
civilian
$50 per day out of network Lesser of $300 per day or 20% of billed
charges out of network
----------------------------------------------------------------------------------------------------------------

``(2) Each dollar amount expressed as a fixed dollar amount in the
table set forth in paragraph (1), and the amounts specified under
paragraphs (1) and (2) of subsection (e), shall be annually indexed to
the amount by which retired pay is increased under section 1401a of
this title, rounded to the next lower multiple of $1. The remaining
amount above such multiple of $1 shall be carried over to, and
accumulated with, the amount of the increase for the subsequent year or
years and made when the aggregate amount of increases carried over
under this clause for a year is $1 or more.
``(3) Enrollment fees, deductible amounts, and catastrophic caps
under this section are on a calendar-year basis.
``(e) Exceptions to Certain Cost-sharing Amounts for Certain
Beneficiaries Eligible Prior to 2018.--(1) Subject to paragraph (4),
and in accordance with subsection (d)(2), the Secretary shall establish
an annual enrollment fee for beneficiaries described in subsection
(c)(2)(B) in the retired category who enroll in TRICARE Select (other
than such beneficiaries covered by paragraph (3)). Such enrollment fee
shall be $150 for an individual and $300 for a family.
``(2) For the calendar year for which the Secretary first
establishes the annual enrollment fee under paragraph (1), the
Secretary shall adjust the catastrophic cap amount to be $3,500 for
beneficiaries described in subsection (c)(2)(B) in the retired category
who are enrolled in TRICARE Select (other than such beneficiaries
covered by paragraph (3)).
``(3) The enrollment fee established pursuant to paragraph (1) and
the catastrophic cap adjusted under paragraph (2) for beneficiaries
described in subsection (c)(2)(B) in the retired category shall not
apply with respect to the following beneficiaries:
``(A) Retired members and the family members of such members
covered by paragraph (1) of section 1086(c) of this title by reason
of being retired under chapter 61 of this title or being a
dependent of such a member.
``(B) Survivors covered by paragraph (2) of such section
1086(c).
``(4) The Secretary may not establish an annual enrollment fee
under paragraph (1) until 90 days has elapsed following the date on
which the Comptroller General of the United States is required to
submit the review under paragraph (5).
``(5) Not later than February 1, 2020, the Comptroller General of
the United States shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a review of the following:
``(A) Whether health care coverage for covered beneficiaries
has changed since the enactment of this section.
``(B) Whether covered beneficiaries are able to obtain
appointments for health care according to the access standards
established by the Secretary of Defense.
``(C) The percent of network providers that accept new patients
under the TRICARE program.
``(D) The satisfaction of beneficiaries under TRICARE Select.
``(f) Exception to Cost-sharing Requirements for TRICARE for Life
Beneficiaries.--A beneficiary enrolled in TRICARE for Life is subject
to cost-sharing requirements pursuant to section 1086(d)(3) of this
title and calculated as if the beneficiary were enrolled in TRICARE
Standard as if TRICARE Standard were still being carried out by the
Secretary.
``(g) Construction.--Nothing in this section may be construed as
affecting the availability of TRICARE Prime and TRICARE for Life or the
cost-sharing requirements for TRICARE for Life under section 1086(d)(3)
of this title.
``(h) Definitions.--In this section:
``(1) The terms `active-duty family member category', `retired
category', and `reserve and young adult category' mean the
respective categories of TRICARE Select enrollment described in
subsection (b).
``(2) The term `network' means--
``(A) with respect to health care services, such services
provided to beneficiaries by TRICARE-authorized civilian health
care providers who have entered into a contract under this
chapter with a contractor under the TRICARE program; and
``(B) with respect to providers, civilian health care
providers who have agreed to accept a pre-negotiated rate as
the total charge for services provided by the provider and to
file claims for beneficiaries.
``(3) The term `out-of-network' means, with respect to health
care services, such services provided by TRICARE-authorized
civilian providers who have not entered into a contract under this
chapter with a contractor under the TRICARE program.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 55 of title 10, United States Code, is amended by
inserting after the item relating to section 1074n, the following
new item:

``1075. TRICARE Select.''.

(b) TRICARE Prime Cost Sharing.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1075, as added by subsection
(a), the following new section:
``Sec. 1075a. TRICARE Prime: cost sharing
``(a) Cost-sharing Requirements.--The cost-sharing requirements
under TRICARE Prime are as follows:
``(1) There are no cost-sharing requirements for beneficiaries
who are covered by section 1074(a) of this title.
``(2) With respect to beneficiaries in the active-duty family
member category or the retired category (as described in section
1075(b)(1) of this title) by reason of being a member or former
member of the uniformed services who originally enlists or is
appointed in the uniformed services on or after January 1, 2018, or
by reason of being a dependent of such a member, the cost-sharing
requirements shall be calculated pursuant to subsection (b)(1).
``(3)(A) With respect to beneficiaries described in
subparagraph (B) in the active-duty family member category or the
retired category (as described in section 1075(b)(1) of this
title), the cost-sharing requirements shall be calculated in
accordance with the other provisions of this chapter without regard
to subsection (b).
``(B) Beneficiaries described in this subparagraph are
beneficiaries who are eligible to enroll in the TRICARE program by
reason of being a member or former member of the uniformed services
who originally enlists or is appointed in the uniformed services
before January 1, 2018, or by reason of being a dependent of such a
member.
``(b) Cost-sharing Amounts.--(1) Beneficiaries described in
subsection (a)(2) enrolled in TRICARE Prime shall be subject to cost-
sharing requirements in accordance with the amounts and percentages
under the following table during calendar year 2018 and as such amounts
are adjusted under paragraph (2) for subsequent years:

----------------------------------------------------------------------------------------------------------------
Active-Duty Family Member (Individual/
``TRICARE Prime Family) Retired (Individual/Family)
----------------------------------------------------------------------------------------------------------------
Annual Enrollment $0 $350 / $700
----------------------------------------------------------------------------------------------------------------
Annual deductible No No
----------------------------------------------------------------------------------------------------------------
Annual $1,000 $3,500
catastrophic cap
----------------------------------------------------------------------------------------------------------------
Outpatient visit $0 $20 primary care
civilian network
----------------------------------------------
............................................. $30 specialty care
----------------------------------------------------------------------------------------------------------------
ER visit civilian $0 $60 network
network
----------------------------------------------------------------------------------------------------------------
Urgent care $0 $30 network
civilian network
----------------------------------------------------------------------------------------------------------------
Ambulatory surgery $0 $60 network
civilian network
----------------------------------------------------------------------------------------------------------------
Ambulance civilian $0 $40
network
----------------------------------------------------------------------------------------------------------------
Durable medical $0 20% of negotiated fee, network
equipment
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient visit $0 $150 per admission
civilian network
----------------------------------------------------------------------------------------------------------------
Inpatient skilled $0 $30 per day network
nursing/rehab
civilian
----------------------------------------------------------------------------------------------------------------

``(2) Each dollar amount expressed as a fixed dollar amount in the
table set forth in paragraph (1) shall be annually indexed to the
amount by which retired pay is increased under section 1401a of this
title, rounded to the next lower multiple of $1. The remaining amount
above such multiple of $1 shall be carried over to, and accumulated
with, the amount of the increase for the subsequent year or years and
made when the aggregate amount of increases carried over under this
clause for a year is $1 or more.
``(3) Enrollment fees, deductible amounts, and catastrophic caps
under this section are on a calendar-year basis.
``(c) Special Rule for Amounts Without Referrals.--Notwithstanding
subsection (b)(1), the cost-sharing amount for a beneficiary enrolled
in TRICARE Prime who does not obtain a referral for care under
paragraph (1) of section 1075f(a) of this title (or a waiver pursuant
to paragraph (2) of such section for such care) shall be an amount
equal to 50 percent of the allowed point-of-service charge for such
care.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 55 of title 10, United States Code, is amended by
inserting after the item relating to section 1075, as added by
subsection (a), the following new item:

``1075a. TRICARE Prime: cost sharing.''.

(c) Referrals and Preauthorization for TRICARE Prime.--Section
1095f of title 10, United States Code, is amended to read as follows:
``Sec. 1095f. TRICARE program: referrals and preauthorizations under
TRICARE Prime
``(a) Referrals.--(1) Except as provided by paragraph (2), a
beneficiary enrolled in TRICARE Prime shall be required to obtain a
referral for care through a designated primary care manager (or other
care coordinator) prior to obtaining care under the TRICARE program.
``(2) The Secretary may waive the referral requirement in paragraph
(1) in such circumstances as the Secretary may establish for purposes
of this subsection.
``(3) The cost-sharing amounts for a beneficiary enrolled in
TRICARE Prime who does not obtain a referral for care under paragraph
(1) (or a waiver pursuant to paragraph (2) for such care) shall be
determined under section 1075a(c) of this title.
``(b) Preauthorization.--A beneficiary enrolled in TRICARE Prime
shall be required to obtain preauthorization only with respect to a
referral for the following:
``(1) Inpatient hospitalization.
``(2) Inpatient care at a skilled nursing facility.
``(3) Inpatient care at a rehabilitation facility.
``(c) Prohibition Regarding Prior Authorization for Certain
Referrals.--The Secretary of Defense shall ensure that no contract for
managed care support under the TRICARE program includes any requirement
that a managed care support contractor require a primary care or
specialty care provider to obtain prior authorization before referring
a patient to a specialty care provider that is part of the network of
health care providers or institutions of the contractor.''.
(d) Enrollment Periods.--
(1) Annual periods and qualifying events.--Section 1099(b) of
title 10, United States Code, is amended by amending paragraph (1)
to read as follows:
``(1) allow covered beneficiaries to elect to enroll in a
health care plan, or modify a previous election, from eligible
health care plans designated by the Secretary of Defense during--
``(A) an annual open enrollment period; and
``(B) any period based on a qualifying event experienced by
the beneficiary, as determined appropriate by the Secretary;
or''.
(2) Application.--The Secretary of Defense shall implement the
initial annual open enrollment period pursuant to section
1099(b)(1) of title 10, United States Code, as amended by paragraph
(1), during 2018.
(3) Grace period during first year.--
(A) At any time during the one-year period beginning on the
date on which the initial annual open enrollment period begins
pursuant to section 1099(b)(1) of title 10, United States Code,
as amended by paragraph (1), a covered beneficiary may make an
election, or modify such an election, described in such
section.
(B) If during such one-year period an individual who is
eligible to enroll in the TRICARE program, but does not elect
to enroll in such program, receives health care services for an
episode of care that would be covered under the TRICARE program
if such individual were enrolled in the TRICARE program, the
Secretary--
(i) shall pay the out-of-network fees only for the
first episode of care and inform the individual of the
opportunity to enroll in the TRICARE program; and
(ii) may not pay any costs relating to any subsequent
episode of care if such individual is not enrolled in the
TRICARE program.
(4) Transition plan.--Not later than March 1, 2017, the
Secretary shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the
transition plan of the Department of Defense for implementing an
annual enrollment period for TRICARE Prime and TRICARE Select
pursuant to section 1099(b)(1) of title 10, United States Code, as
amended by paragraph (1). Such plan shall include strategies to
notify each beneficiary of the changes to the TRICARE options and
the changes to the enrollment process.
(e) Termination of TRICARE Standard and TRICARE Extra.--Beginning
on January 1, 2018, the Secretary of Defense may not carry out TRICARE
Standard and TRICARE Extra under the TRICARE program. The Secretary
shall ensure that any individual who is covered under TRICARE Standard
or TRICARE Extra as of December 31, 2017, enrolls in TRICARE Prime or
TRICARE Select, as the case may be, as of January 1, 2018, for the
individual to continue coverage under the TRICARE program.
(f) Implementation Plan.--
(1) In general.--Not later than June 1, 2017, the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate an implementation plan to
improve access to health care for TRICARE beneficiaries pursuant to
the amendments made by this section.
(2) Elements.--The plan under paragraph (1) shall--
(A) ensure that at least 85 percent of the beneficiary
population under TRICARE Select is covered by the network by
January 1, 2018;
(B) ensure access standards for appointments for health
care that meet or exceed those of high-performing health care
systems in the United States, as determined by the Secretary;
(C) establish mechanisms for monitoring compliance with
access standards;
(D) establish health care provider-to-beneficiary ratios;
(E) monitor on a monthly basis complaints by beneficiaries
with respect to network adequacy and the availability of health
care providers;
(F) establish requirements for mechanisms to monitor the
responses to complaints by beneficiaries;
(G) establish mechanisms to evaluate the quality metrics of
the network providers established under section 728;
(H) include any recommendations for legislative action the
Secretary determines necessary to carry out the plan; and
(I) include any other elements the Secretary determines
appropriate.
(g) GAO Reviews.--
(1) Implementation plan.--Not later than December 1, 2017, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a review of the implementation plan of the Secretary
under paragraph (1) of subsection (f), including an assessment of
the adequacy of the plan in meeting the elements specified in
paragraph (2) of such subsection.
(2) Network.--Not later than September 1, 2017, the Comptroller
General shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a review of the network
established under TRICARE Extra, including the following:
(A) An identification of the percent of beneficiaries who
are covered by the network.
(B) An assessment of the extent to which beneficiaries are
able to obtain appointments under TRICARE Extra.
(C) The percent of network providers under TRICARE Extra
that accept new patients under the TRICARE program.
(D) An assessment of the satisfaction of beneficiaries
under TRICARE Extra.
(h) Pilot Program on Incorporation of Value-based Health Care in
Purchased Care Component of TRICARE Program.--
(1) In general.--Not later than January 1, 2018, the Secretary
of Defense shall carry out a pilot program to demonstrate and
assess the feasibility of incorporating value-based health care
methodology in the purchased care component of the TRICARE program
by reducing copayments or cost shares for targeted populations of
covered beneficiaries in the receipt of high-value medications and
services and the use of high-value providers under such purchased
care component, including by exempting certain services from
deductible requirements.
(2) Requirements.--In carrying out the pilot program under
paragraph (1), the Secretary shall--
(A) identify each high-value medication and service that is
covered under the purchased care component of the TRICARE
program for which a reduction or elimination of the copayment
or cost share for such medication or service would encourage
covered beneficiaries to use the medication or service;
(B) reduce or eliminate copayments or cost shares for
covered beneficiaries to receive high-value medications and
services;
(C) reduce or eliminate copayments or cost shares for
covered beneficiaries to receive health care services from
high-value providers;
(D) credit the amount of any reduction or elimination of a
copayment or cost share under subparagraph (B) or (C) for a
covered beneficiary towards meeting a deductible applicable to
the covered beneficiary in the purchased care component of the
TRICARE program to the same extent as if such reduction or
elimination had not applied; and
(E) develop a process to reimburse high-value providers at
rates higher than those rates for health care providers that
are not high-value providers.
(3) Report on value-based health care methodology.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report that includes the
following:
(A) A list of each high-value medication and service
identified under paragraph (2)(A) for which the copayment or
cost share amount will be reduced or eliminated under the pilot
program to encourage covered beneficiaries to use such
medications and services through the purchased care component
of the TRICARE program.
(B) For each high-value medication and service identified
under paragraph (2)(A), the amount of the copayment or cost
share required under the purchased care component of the
TRICARE program and the amount of any reduction or elimination
of such copayment or cost share pursuant to the pilot program.
(C) A description of a plan to identify and communicate to
covered beneficiaries, through multiple communication media--
(i) the list of high-value medications and services
described in subparagraph (A); and
(ii) a list of high-value providers.
(D) A description of modifications, if any, to existing
health care contracts that may be required to implement value-
based health care methodology in the purchased care component
of the TRICARE program under the pilot program and the
estimated costs of those contract modifications.
(4) Comptroller general preliminary review and assessment.--
(A) Not later than March 1, 2021, the Comptroller General
of the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
review and assessment of the preliminary results of the pilot
program.
(B) The review and assessment required under subparagraph
(A) shall include the following:
(i) An assessment of the extent of the use of value-
based health care methodology in the purchased care
component of the TRICARE program under the pilot program.
(ii) An analysis demonstrating how reducing or
eliminating the copayment or cost share for each high-value
medication and service identified under paragraph (2)(A)
resulted in--

(I) increased adherence to medication regimens;
(II) improvement of quality measures;
(III) improvement of health outcomes;
(IV) reduction of number of emergency room visits
or hospitalizations; and
(V) enhancement of experience of care for covered
beneficiaries.

(iii) Such recommendations for incentivizing the use of
high-value medications and services to improve health
outcomes and the experience of care for beneficiaries as
the Comptroller General considers appropriate.
(5) Review and assessment of pilot program.--
(A) Not later than January 1, 2023, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a review and assessment of the
pilot program.
(B) The review and assessment required under subparagraph
(A) shall include the following:
(i) An assessment of the extent of the use of value-
based health care methodology in the purchased care
component of the TRICARE program under the pilot program.
(ii) An analysis demonstrating how reducing or
eliminating the copayment or cost share for each high-value
medication and service identified under paragraph (2)(A)
resulted in--

(I) increased adherence to medication regimens;
(II) improvement of quality measures;
(III) improvement of health outcomes; and
(IV) enhancement of experience of care for covered
beneficiaries.

(iii) A cost-benefit analysis of the implementation of
value-based health care methodology in the purchased care
component of the TRICARE program under the pilot program.
(iv) Such recommendations for incentivizing the use of
high-value medications and services to improve health
outcomes and the experience of care for covered
beneficiaries as the Secretary considers appropriate.
(6) Termination.--The Secretary may not carry out the pilot
program after December 31, 2022.
(i) Definitions.--In this section:
(1) The terms ``uniformed services'', ``covered beneficiary'',
``TRICARE Extra'', ``TRICARE for Life'', ``TRICARE Prime'', and
``TRICARE Standard'', have the meaning given those terms in section
1072 of title 10, United States Code, as amended by subsection (j).
(2) The term ``TRICARE Select'' means the self-managed,
preferred-provider network option under the TRICARE program
established by section 1075 of such title, as added by subsection
(a).
(3) The term ``chronic conditions'' includes diabetes, chronic
obstructive pulmonary disease, asthma, congestive heart failure,
hypertension, history of stroke, coronary artery disease, mood
disorders, and such other diseases or conditions as the Secretary
considers appropriate.
(4) The term ``high-value medications and services'' means
prescription medications and clinical services for the management
of chronic conditions that the Secretary determines would improve
health outcomes and create health value for covered beneficiaries
(such as preventive care, primary and specialty care, diagnostic
tests, procedures, and durable medical equipment).
(5) The term ``high-value provider'' means an individual or
institutional health care provider that provides health care under
the purchased care component of the TRICARE program and that
consistently improves the experience of care, meets established
quality of care and effectiveness metrics, and reduces the per
capita costs of health care.
(6) The term ``value-based health care methodology'' means a
methodology for identifying specific prescription medications and
clinical services provided under the TRICARE program for which
reduction of copayments, cost shares, or both, would improve the
management of specific chronic conditions because of the high value
and clinical effectiveness of such medications and services for
such chronic conditions.
(j) Conforming Amendments.--
(1) In general.--Title 10, United States Code, is amended as
follows:
(A) Section 1072 is amended--
(i) by striking paragraph (7) and inserting the
following:
``(7) The term `TRICARE program' means the various programs
carried out by the Secretary of Defense under this chapter and any
other provision of law providing for the furnishing of medical and
dental care and health benefits to members and former members of
the uniformed services and their dependents, including the
following health plan options:
``(A) TRICARE Prime.
``(B) TRICARE Select.
``(C) TRICARE for Life.''; and
(ii) by adding at the end the following new paragraphs:
``(11) The term `TRICARE Extra' means the preferred-provider
option of the TRICARE program made available prior to January 1,
2018, under which TRICARE Standard beneficiaries may obtain
discounts on cost sharing as a result of using TRICARE network
providers.
``(12) The term `TRICARE Select' means the self-managed,
preferred-provider network option under the TRICARE program
established by section 1075 of this title.
``(13) The term `TRICARE for Life' means the Medicare
wraparound coverage option of the TRICARE program made available to
the beneficiary by reason of section 1086(d) of this title.
``(14) The term `TRICARE Prime' means the managed care option
of the TRICARE program.
``(15) The term `TRICARE Standard' means the TRICARE program
made available prior to January 1, 2018, covering--
``(A) medical care to which a dependent described in
section 1076(a)(2) of this title is entitled; and
``(B) health benefits contracted for under the authority of
section 1079(a) of this title and subject to the same rates and
conditions as apply to persons covered under that section.''.
(B) Section 1076d is amended--
(i) in subsection (d)(1), by inserting after
``coverage.'' the following: ``Such premium shall apply
instead of any enrollment fees required under section 1075
of this section.''; and
(ii) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph:
``(2) The term `TRICARE Reserve Select' means the TRICARE
Select self-managed, preferred-provider network option under
section 1075 made available to beneficiaries by reason of this
section and in accordance with subsection (d)(1).''; and
(iii) by striking ``TRICARE Standard'' each place it
appears (including in the heading of such section) and
inserting ``TRICARE Reserve Select''.
(C) Section 1076e is amended--
(i) in subsection (d)(1), by inserting after
``coverage.'' the following: ``Such premium shall apply
instead of any enrollment fees required under section 1075
of this section.''; and
(ii) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph:
``(2) The term `TRICARE Retired Reserve' means the TRICARE
Select self-managed, preferred-provider network option under
section 1075 made available to beneficiaries by reason of this
section and in accordance with subsection (d)(1).'';
(iii) in subsection (b), by striking ``TRICARE Standard
coverage at'' and inserting ``TRICARE coverage at''; and
(iv) by striking ``TRICARE Standard'' each place it
appears (including in the heading of such section) and
inserting ``TRICARE Retired Reserve''.
(D) Section 1079a is amended--
(i) in the section heading, by striking ``CHAMPUS'' and
inserting ``TRICARE program''; and
(ii) by striking ``the Civilian Health and Medical
Program of the Uniformed Services'' and inserting ``the
TRICARE program''.
(E) Section 1099(c) is amended by striking paragraph (2)
and inserting the following new paragraph:
``(2) A plan under the TRICARE program.''.
(F) Section 1110b(c)(1) is amended by inserting after
``(b).'' the following: ``Such premium shall apply instead of
any enrollment fees required under section 1075 of this
section.''.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 55 of title 10, United States Code, is further
amended--
(A) in the item relating to section 1076d, by striking
``TRICARE Standard'' and inserting ``TRICARE Reserve Select'';
(B) in the item relating to section 1076e, by striking
``TRICARE Standard'' and inserting ``TRICARE Retired Reserve'';
(C) in the item relating to section 1079a, by striking
``CHAMPUS'' and inserting ``TRICARE program''; and
(D) in the item relating to section 1095f, by striking
``for specialty health care'' and inserting ``and
preauthorizations under TRICARE Prime''.
(3) Conforming style.--Any new language inserted or added to
title 10, United States Code, by an amendment made by this
subsection shall conform to the typeface and typestyle of the
matter in which the language is so inserted or added.
(k) Application.--The amendments made by this section shall apply
with respect to the provision of health care under the TRICARE program
beginning on January 1, 2018.
SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE HEALTH AGENCY AND
MILITARY MEDICAL TREATMENT FACILITIES.
(a) Administration.--
(1) In general.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1073b the following new section:
``Sec. 1073c. Administration of Defense Health Agency and military
medical treatment facilities
``(a) Administration of Military Medical Treatment Facilities.--(1)
Beginning October 1, 2018, the Director of the Defense Health Agency
shall be responsible for the administration of each military medical
treatment facility, including with respect to--
``(A) budgetary matters;
``(B) information technology;
``(C) health care administration and management;
``(D) administrative policy and procedure;
``(E) miliary medical construction; and
``(F) any other matters the Secretary of Defense determines
appropriate.
``(2) The commander of each military medical treatment facility
shall be responsible for--
``(A) ensuring the readiness of the members of the armed forces
and civilian employees at such facility; and
``(B) furnishing the health care and medical treatment provided
at such facility.
``(3) The Secretary of Defense shall establish within the Defense
Health Agency a professional staff to provide policy, oversight, and
direction to carry out subsection (a). The Secretary shall carry out
this paragraph by appointing the positions specified in subsections (b)
and (c).
``(b) DHA Assistant Director.--(1) There is in the Defense Health
Agency an Assistant Director for Health Care Administration. The
Assistant Director shall--
``(A) be a career appointee within the Department; and
``(B) report directly to the Director of the Defense Health
Agency.
``(2) The Assistant Director shall be appointed from among
individuals who have equivalent education and experience as a chief
executive officer leading a large, civilian health care system.
``(3) The Assistant Director shall be responsible for the
following:
``(A) Establishing priorities for health care administration
and management.
``(B) Establishing policies, procedures, and direction for the
provision of direct care at military medical treatment facilities.
``(C) Establishing priorities for budgeting matters with
respect to the provision of direct care at military medical
treatment facilities.
``(D) Establishing policies, procedures, and direction for
clinic management and operations at military medical treatment
facilities.
``(E) Establishing priorities for information technology at and
between the military medical treatment facilities.
``(c) DHA Deputy Assistant Directors.--(1)(A) There is in the
Defense Health Agency a Deputy Assistant Director for Information
Operations.
``(B) The Deputy Assistant Director for Information Operations
shall be responsible for policies, management, and execution of
information technology operations at and between the military medical
treatment facilities.
``(2)(A) There is in the Defense Health Agency a Deputy Assistant
Director for Financial Operations.
``(B) The Deputy Assistant Director for Financial Operations shall
be responsible for the policy, procedures, and direction of budgeting
matters and financial management with respect to the provision of
direct care across the military health system.
``(3)(A) There is in the Defense Health Agency a Deputy Assistant
Director for Health Care Operations.
``(B) The Deputy Assistant Director for Health Care Operations
shall be responsible for the policy, procedures, and direction of
health care administration in the military medical treatment
facilities.
``(4)(A) There is in the Defense Health Agency a Deputy Assistant
Director for Medical Affairs.
``(B) The Deputy Assistant Director for Medical Affairs shall be
responsible for policy, procedures, and direction of clinical quality
and process improvement, patient safety, infection control, graduate
medical education, clinical integration, utilization review, risk
management, patient experience, and civilian physician recruiting.
``(5) Each Deputy Assistant Director appointed under paragraphs (1)
through (4) shall report directly to the Assistant Director for Health
Care Administration.
``(d) Certain Responsibilities of DHA Director.--(1) In addition to
the other duties of the Director of the Defense Health Agency, the
Director shall coordinate with the Joint Staff Surgeon to ensure that
the Director most effectively carries out the responsibilities of the
Defense Health Agency as a combat support agency under section 193 of
this title.
``(2) The responsibilities of the Director shall include the
following:
``(A) Ensuring that the Defense Health Agency meets the
operational needs of the commanders of the combatant commands.
``(B) Coordinating with the military departments to ensure that
the staffing at the military medical treatment facilities supports
readiness requirements for members of the armed forces and health
care personnel.
``(e) Definitions.--In this section:
``(1) The term `career appointee' has the meaning given that
term in section 3132(a)(4) of title 5.
``(2) The term `Defense Health Agency' means the Defense Agency
established pursuant to Department of Defense Directive 5136.13, or
such successor Defense Agency.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 1073b the following new item:

``1073c. Administration of Defense Health Agency and military medical
treatment facilities.''.

(b) Positions of Surgeon General in the Armed Forces.--
(1) Surgeon general of the army.--Section 3036 of title 10,
United States Code, is amended--
(A) in subsection (d), by striking ``(1)'';
(B) by redesignating subsection (e) as subsection (g);
(C) by inserting after subsection (d) a new subsection (e);
(D) by transferring paragraphs (2) and (3) of subsection
(d) to subsection (e), as added by subparagraph (C), and
redesignating such paragraphs as paragraphs (1) and (2),
respectively; and
(E) by adding after subsection (e), as added by
subparagraph (C), the following new subsection (f):
``(f)(1) The Surgeon General serves as the principal advisor to the
Secretary of the Army and the Chief of Staff of the Army on all health
and medical matters of the Army, including strategic planning and
policy development relating to such matters.
``(2) The Surgeon General serves as the chief medical advisor of
the Army to the Director of the Defense Health Agency on matters
pertaining to military health readiness requirements and safety of
members of the Army.
``(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Army, shall recruit, organize,
train, and equip, medical personnel of the Army.''.
(2) Surgeon general of the navy.--
(A) In general.--Section 5137 of title 10, United States
Code, is amended to read as follows:
``Sec. 5137. Surgeon General: appointment; duties
``(a) Appointment.--The Surgeon General of the Navy shall be
appointed by the President, by and with the advice and consent of the
Senate, for a term of four years, from officers on the active-duty list
of the Navy in any corps of the Navy Medical Department.
``(b) Duties.--(1) The Surgeon General serves as the Chief of the
Bureau of Medicine and Surgery and serves as the principal advisor to
the Secretary of the Navy and the Chief of Naval Operations on all
health and medical matters of the Navy and the Marine Corps, including
strategic planning and policy development relating to such matters.
``(2) The Surgeon General serves as the chief medical advisor of
the Navy and the Marine Corps to the Director of the Defense Health
Agency on matters pertaining to military health readiness requirements
and safety of members of the Navy and the Marine Corps.
``(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Navy, shall recruit, organize,
train, and equip, medical personnel of the Navy and the Marine
Corps.''.
(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 from officers of the Air Force who are in the Air Force medical
department.
``(b) Duties.--(1) The Surgeon General serves as the principal
advisor to the Secretary of the Air Force and the Chief of Staff of the
Air Force on all health and medical matters of the Air Force, including
strategic planning and policy development relating to such matters.
``(2) The Surgeon General serves as the chief medical advisor of
the Air Force to the Director of the Defense Health Agency on matters
pertaining to military health readiness requirements and safety of
members of the Air Force.
``(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Air Force, shall recruit, organize,
train, and equip, medical personnel of the Air Force.''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 805 of such title is amended by striking
the item relating to section 8036 and inserting the following
new item:

``8036. Surgeon General: appointment; duties.''.

(c) Appointments.--The Secretary of Defense shall make appointments
of the positions under section 1073c of title 10, United States Code,
as added by subsection (a)--
(1) by not later than October 1, 2018; and
(2) by not increasing the number of full-time equivalent
employees of the Defense Health Agency.
(d) Implementation Plan.--
(1) In general.--The Secretary of Defense shall develop a plan
to implement section 1073c of title 10, United States Code, as
added by subsection (a).
(2) Elements.--The plan developed under paragraph (1) shall
include the following:
(A) How the Secretary will carry out subsection (a) of such
section 1073c.
(B) Efforts to eliminate duplicative activities carried out
by the elements of the Defense Health Agency and the military
departments.
(C) Efforts to maximize efficiencies in the activities
carried out by the Defense Health Agency.
(D) How the Secretary will implement such section 1073c in
a manner that reduces the number of members of the Armed
Forces, civilian employees who are full-time equivalent
employees, and contractors relating to the headquarters
activities of the military health system, as of the date of the
enactment of this Act.
(e) Reports.--
(1) Interim report.--Not later than March 1, 2017, the
Secretary shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing--
(A) a preliminary draft of the plan developed under
subsection (d)(1); and
(B) any recommendations for legislative actions the
Secretary determines necessary to carry out the plan.
(2) Final report.--Not later than March 1, 2018, the Secretary
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the final
version of the plan developed under subsection (d)(1).
(3) Comptroller general reviews.--
(A) The Comptroller General of the United States shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate--
(i) a review of the preliminary draft of the plan
submitted under paragraph (1) by not later than September
1, 2017; and
(ii) a review of the final version of the plan
submitted under paragraph (2) by not later than September
1, 2018.
(B) Each review of the plan conducted under subparagraph
(A) shall determine whether the Secretary has addressed the
required elements for the plan under subsection (d)(2).
SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES.
(a) Administration.--
(1) In general.--Chapter 55 of title 10, United States Code, as
amended by section 702, is further amended by inserting after
section 1073c the following new section:
``Sec. 1073d. Military medical treatment facilities
``(a) In General.--To support the medical readiness of the armed
forces and the readiness of medical personnel, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall maintain the military medical treatment facilities
described in subsections (b), (c), and (d).
``(b) Medical Centers.--(1) The Secretary of Defense shall maintain
medical centers in areas with a large population of members of the
armed forces and covered beneficiaries.
``(2) Medical centers shall serve as referral facilities for
members and covered beneficiaries who require comprehensive health care
services that support medical readiness.
``(3) Medical centers shall consist of the following:
``(A) Inpatient and outpatient tertiary care facilities that
incorporate specialty and subspecialty care.
``(B) Graduate medical education programs.
``(C) Residency training programs.
``(D) Level one or level two trauma care capabilities.
``(4) The Secretary may designate a medical center as a regional
center of excellence for unique and highly specialized health care
services, including with respect to polytrauma, organ transplantation,
and burn care.
``(c) Hospitals.--(1) The Secretary of Defense shall maintain
hospitals in areas where civilian health care facilities are unable to
support the health care needs of members of the armed forces and
covered beneficiaries.
``(2) Hospitals shall provide--
``(A) inpatient and outpatient health services to maintain
medical readiness; and
``(B) such other programs and functions as the Secretary
determines appropriate.
``(3) Hospitals shall consist of inpatient and outpatient care
facilities with limited specialty care that the Secretary determines--
``(A) is cost effective; or
``(B) is not available at civilian health care facilities in
the area of the hospital.
``(d) Ambulatory Care Centers.--(1) The Secretary of Defense shall
maintain ambulatory care centers in areas where civilian health care
facilities are able to support the health care needs of members of the
armed forces and covered beneficiaries.
``(2) Ambulatory care centers shall provide the outpatient health
services required to maintain medical readiness, including with respect
to partnerships established pursuant to section 706 of the National
Defense Authorization Act for Fiscal Year 2017.
``(3) Ambulatory care centers shall consist of outpatient care
facilities with limited specialty care that the Secretary determines--
``(A) is cost effective; or
``(B) is not available at civilian health care facilities in
the area of the ambulatory care center.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter, as amended by section 702, is further amended by
inserting after the item relating to section 1073c the following
new item:

``1073d. Military medical treatment facilities.''.

(3) Satellite centers.--In addition to the centers of
excellence designated under section 1073d(b)(4) of title 10, United
States Code, as added by paragraph (1), the Secretary of Defense
may establish satellite centers of excellence to provide specialty
care for certain conditions, including with respect to--
(A) post-traumatic stress;
(B) traumatic brain injury; and
(C) such other conditions as the Secretary considers
appropriate.
(b) Exception.--In carrying out section 1073d of title 10, United
States Code, as added by subsection (a)(1), the Secretary of Defense
may not restructure or realign the infrastructure of, or modify the
health care services provided by, a military medical treatment facility
unless the Secretary determines that, if such a restructure,
realignment, or modification will eliminate the ability of a covered
beneficiary to access health care services at a military medical
treatment facility, the covered beneficiary will be able to access such
health care services through the purchased care component of the
TRICARE program.
(c) Update of Study.--
(1) In general.--The Secretary of Defense, in collaboration
with the Secretaries of the military departments, shall update the
report described in paragraph (2) to address the restructuring or
realignment of military medical treatment facilities pursuant to
section 1073d of title 10, United States Code, as added by
subsection (a), including with respect to any expansions or
consolidations of such facilities.
(2) Report described.--The report described in this paragraph
is the Military Health System Modernization Study dated May 29th,
2015, required by section 713(a)(2) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3414).
(3) Submission.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees the updated report under paragraph
(1).
(d) Implementation Plan.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees an implementation plan to
restructure or realign the military medical treatment facilities
pursuant to section 1073d of title 10, United States Code, as added
by subsection (a).
(2) Elements.--The implementation plan under paragraph (1)
shall include the following:
(A) With respect to each military medical treatment
facility--
(i) whether the facility will be realigned or
restructured under the plan;
(ii) whether the functions of such facility will be
expanded or consolidated;
(iii) the costs of such realignment or restructuring;
(iv) a description of any changes to the military and
civilian personnel assigned to such facility as of the date
of the plan;
(v) a timeline for such realignment or restructuring;
(vi) the justifications for such realignment or
restructuring, including an assessment of the capacity of
the civilian health care facilities located near such
facility;
(vii) a comprehensive assessment of the health care
services provided at the facility;
(viii) a description of the current accessibility of
covered beneficiaries to health care services provided at
the facility and proposed modifications to that
accessibility, including with respect to types of services
provided;
(ix) a description of the current availability of
urgent care, emergent care, and specialty care at the
facility and in the TRICARE provider network in the area in
which the facility is located, and proposed modifications
to the availability of such care;
(x) a description of the current level of coordination
between the facility and local health care providers in the
area in which the facility is located and proposed
modifications to such level of coordination; and
(xi) a description of any unique challenges to
providing health care at the facility, with a focus on
challenges relating to rural, remote, and insular areas, as
appropriate.
(B) A description of the relocation of the graduate medical
education programs and the residency programs.
(C) A description of the plans to assist members of the
Armed Forces and covered beneficiaries with travel and lodging,
if necessary, in connection with the receipt of specialty care
services at regional centers of excellence designated under
subsection (b)(4) of such section 1073d.
(D) A description of how the Secretary will carry out
subsection (b).
(3) GAO report.--Not later than 60 days after the date on which
the Secretary of Defense submits the report under paragraph (1),
the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a review of such report.
(e) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 704. ACCESS TO URGENT AND PRIMARY CARE UNDER TRICARE PROGRAM.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1077 the following new section:
``Sec. 1077a. Access to military medical treatment facilities and other
facilities
``(a) Urgent Care.--(1) The Secretary of Defense shall ensure that
military medical treatment facilities, at locations the Secretary
determines appropriate, provide urgent care services for members of the
armed forces and covered beneficiaries until 11:00 p.m. each day.
``(2) With respect to areas in which a military medical treatment
facility covered by paragraph (1) is not located, the Secretary shall
ensure that members of the armed forces and covered beneficiaries may
access urgent care clinics through the health care provider network
under the TRICARE program.
``(3) A covered beneficiary may access urgent care services without
the need for preauthorization for such services.
``(4) The Secretary shall--
``(A) publish information about changes in access to urgent
care under the TRICARE program--
``(i) on the primary publicly available Internet website of
the Department; and
``(ii) on the primary publicly available Internet website
of each military medical treatment facility; and
``(B) ensure that such information is made available on the
publicly available Internet website of each current managed care
support contractor that has established a health care provider
network under the TRICARE program.
``(b) Nurse Advice Line.--The Secretary shall ensure that the nurse
advice line of the Department directs covered beneficiaries seeking
access to care to the source of the most appropriate level of health
care required to treat the medical conditions of the beneficiaries,
including urgent care services described in subsection (a).
``(c) Primary Care Clinics.--(1) The Secretary shall ensure that
primary care clinics at military medical treatment facilities are
available for members of the armed forces and covered beneficiaries
between the hours determined appropriate under paragraph (2), including
with respect to expanded hours described in subparagraph (B) of such
paragraph.
``(2)(A) The Secretary shall determine the hours that each primary
care clinic at a military medical treatment facility is available for
members of the armed forces and covered beneficiaries based on--
``(i) the needs of the military medical treatment facility to
meet the access standards under the TRICARE Prime program; and
``(ii) the primary care utilization patterns of members and
covered beneficiaries at such military medical treatment facility.
``(B) The primary care clinic hours at a military medical treatment
facility determined under subparagraph (A) shall include expanded hours
beyond regular business hours during weekdays and the weekend if the
Secretary determines under such subparagraph that sufficient demand
exists at the military medical treatment facility for such expanded
primary care clinic hours.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1077 the following new item:

``1077a. Access to military medical treatment facilities and other
facilities''.

(c) Implementation.--The Secretary of Defense shall implement--
(1) subsection (a) of section 1077a of title 10, United States
Code, as added by subsection (a) of this section, by not later than
one year after the date of the enactment of this Act; and
(2) subsection (c) of such section by not later than 180 days
after the date of the enactment of this Act.
SEC. 705. VALUE-BASED PURCHASING AND ACQUISITION OF MANAGED CARE
SUPPORT CONTRACTS FOR TRICARE PROGRAM.
(a) Value-based Health Care.--
(1) In general.--The Secretary of Defense shall develop and
implement value-based incentive programs as part of any contract
awarded under chapter 55 of title 10, United States Code, for the
provision of health care services to covered beneficiaries to
encourage health care providers under the TRICARE program
(including physicians, hospitals, and other persons and facilities
involved in providing such health care services) to improve the
following:
(A) The quality of health care provided to covered
beneficiaries under the TRICARE program.
(B) The experience of covered beneficiaries in receiving
health care under the TRICARE program.
(C) The health of covered beneficiaries.
(2) Value-based incentive programs.--
(A) Development.--In developing value-based incentive
programs under paragraph (1), the Secretary shall--
(i) link payments to health care providers under the
TRICARE program to improved performance with respect to
quality, cost, and reducing the provision of inappropriate
care;
(ii) consider the characteristics of the population of
covered beneficiaries affected by the value-based incentive
program;
(iii) consider how the value-based incentive program
would affect the receipt of health care under the TRICARE
program by such covered beneficiaries;
(iv) establish or maintain an assurance that such
covered beneficiaries will have timely access to health
care during the operation of the value-based incentive
program;
(v) ensure that such covered beneficiaries do not incur
any additional costs by reason of the value-based incentive
program; and
(vi) consider such other factors as the Secretary
considers appropriate.
(B) Scope and metrics.--With respect to a value-based
incentive program developed and implemented under paragraph
(1), the Secretary shall ensure that--
(i) the size, scope, and duration of the value-based
incentive program is reasonable in relation to the purpose
of the value-based incentive program; and
(ii) the value-based incentive program relies on the
core quality performance metrics adopted pursuant to
section 728.
(3) Use of existing models.--In developing a value-based
incentive program under paragraph (1), the Secretary may adapt a
value-based incentive program conducted by a TRICARE managed care
support contractor, the Centers for Medicare & Medicaid Services,
or any other Federal Government, State government, or commercial
health care program.
(b) Transfer of Contracting Responsibility.--With respect to the
acquisition of any managed care support contracts under the TRICARE
program initiated after the date of the enactment of this Act, the
Secretary of Defense shall transfer contracting responsibility for the
solicitation and award of such contracts from the Defense Health Agency
to the Office of the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(c) Acquisition of Contracts.--
(1) Strategy.--Not later than January 1, 2018, the Secretary of
Defense shall develop and implement a strategy to ensure that
managed care support contracts under the TRICARE program entered
into with private sector entities, other than overseas medical
support contracts--
(A) improve access to health care for covered
beneficiaries;
(B) improve health outcomes for covered beneficiaries;
(C) improve the quality of health care received by covered
beneficiaries;
(D) enhance the experience of covered beneficiaries in
receiving health care; and
(E) lower per capita costs to the Department of Defense of
health care provided to covered beneficiaries.
(2) Applicability of strategy.--
(A) In general.--The strategy required by paragraph (1)
shall apply to all managed care support contracts under the
TRICARE program entered into with private sector entities.
(B) Modification of contracts.--Contracts entered into
prior to the implementation of the strategy required by
paragraph (1) shall be modified to ensure consistency with such
strategy.
(3) Local, regional, and national health plans.--In developing
and implementing the strategy required by paragraph (1), the
Secretary shall ensure that local, regional, and national health
plans have an opportunity to participate in the competition for
managed care support contracts under the TRICARE program.
(4) Continuous innovation.--The strategy required by paragraph
(1) shall include incentives for the incorporation of innovative
ideas and solutions into managed care support contracts under the
TRICARE program through the use of teaming agreements,
subcontracts, and other contracting mechanisms that can be used to
develop and continuously refresh high-performing networks of health
care providers at the national, regional, and local level.
(5) Elements of strategy.--The strategy required by paragraph
(1) shall provide for the following with respect to managed care
support contracts under the TRICARE program:
(A) The maximization of flexibility in the design and
configuration of networks of individual and institutional
health care providers, including a focus on the development of
high-performing networks of health care providers.
(B) The establishment of an integrated medical management
system between military medical treatment facilities and health
care providers in the private sector that, when appropriate,
effectively coordinates and integrates health care across the
continuum of care.
(C) With respect to telehealth services--
(i) the maximization of the use of such services to
provide real-time interactive communications between
patients and health care providers and remote patient
monitoring; and
(ii) the use of standardized payment methods to
reimburse health care providers for the provision of such
services.
(D) The use of value-based reimbursement methodologies,
including through the use of value-based incentive programs
under subsection (a), that transfer financial risk to health
care providers and managed care support contractors.
(E) The use of financial incentives for contractors and
health care providers to receive an equitable share in the cost
savings to the Department resulting from improvement in health
outcomes for covered beneficiaries and the experience of
covered beneficiaries in receiving health care.
(F) The use of incentives that emphasize prevention and
wellness for covered beneficiaries receiving health care
services from private sector entities to seek such services
from high-value health care providers.
(G) The adoption of a streamlined process for enrollment of
covered beneficiaries to receive health care and timely
assignment of primary care managers to covered beneficiaries.
(H) The elimination of the requirement for a referral to be
authorized prior receiving specialty care services at a
facility of the Department of Defense or through the TRICARE
program.
(I) The use of incentives to encourage covered
beneficiaries to participate in medical and lifestyle
intervention programs.
(6) Rural, remote, and isolated areas.--In developing and
implementing the strategy required by paragraph (1), the Secretary
shall--
(A) assess the unique characteristics of providing health
care services in Alaska, Hawaii, and the territories and
possessions of the United States, and in rural, remote, or
isolated locations in the contiguous 48 States;
(B) consider the various challenges inherent in developing
robust networks of health care providers in those locations;
(C) develop a provider reimbursement rate structure in
those locations that ensures--
(i) timely access of covered beneficiaries to health
care services;
(ii) the delivery of high-quality primary and specialty
care;
(iii) improvement in health outcomes for covered
beneficiaries; and
(iv) an enhanced experience of care for covered
beneficiaries; and
(D) ensure that managed care support contracts under the
TRICARE program in those locations will--
(i) establish individual and institutional provider
networks that will provide timely access to care for
covered beneficiaries, including pursuant to such networks
relating to an Indian tribe or tribal organization that is
party to the Alaska Native Health Compact with the Indian
Health Service or has entered into a contract with the
Indian Health Service to provide health care in rural
Alaska or other locations in the United States; and
(ii) deliver high-quality care, better health outcomes,
and a better experience of care for covered beneficiaries.
(d) Report Prior to Certain Contract Modifications.--Not later than
60 days before the date on which the Secretary of Defense first
modifies a contract awarded under chapter 55 of title 10, United States
Code, to implement a value-based incentive program under subsection
(a), or the managed care support contract acquisition strategy under
subsection (c), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on any
implementation plan of the Secretary with respect to such value-based
incentive program or managed care support contract acquisition
strategy.
(e) Comptroller General Report.--
(1) In general.--Not later than 180 days after the date on
which the Secretary submits the report under subsection (d), the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that assesses the compliance of the
Secretary of Defense with the requirements of subsection (a) and
subsection (c).
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) Whether the approach of the Department of Defense for
acquiring managed care support contracts under the TRICARE
program--
(i) improves access to care;
(ii) improves health outcomes;
(iii) improves the experience of care for covered
beneficiaries; and
(iv) lowers per capita health care costs.
(B) Whether the Department has, in its requirements for
managed care support contracts under the TRICARE program,
allowed for--
(i) maximum flexibility in network design and
development;
(ii) integrated medical management between military
medical treatment facilities and network providers;
(iii) the maximum use of the full range of telehealth
services;
(iv) the use of value-based reimbursement methods that
transfer financial risk to health care providers and
managed care support contractors;
(v) the use of prevention and wellness incentives to
encourage covered beneficiaries to seek health care
services from high-value providers;
(vi) a streamlined enrollment process and timely
assignment of primary care managers;
(vii) the elimination of the requirement to seek
authorization for referrals for specialty care services;
(viii) the use of incentives to encourage covered
beneficiaries to engage in medical and lifestyle
intervention programs; and
(ix) the use of financial incentives for contractors
and health care providers to receive an equitable share in
cost savings resulting from improvements in health outcomes
and the experience of care for covered beneficiaries.
(C) Whether the Department has considered, in developing
requirements for managed care support contracts under the
TRICARE program, the following:
(i) The unique characteristics of providing health care
services in Alaska, Hawaii, and the territories and
possessions of the United States, and in rural, remote, or
isolated locations in the contiguous 48 States;
(ii) The various challenges inherent in developing
robust networks of health care providers in those
locations.
(iii) A provider reimbursement rate structure in those
locations that ensures--

(I) timely access of covered beneficiaries to
health care services;
(II) the delivery of high-quality primary and
specialty care;
(III) improvement in health outcomes for covered
beneficiaries; and
(IV) an enhanced experience of care for covered
beneficiaries.

(f) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE program''
have the meaning given those terms in section 1072 of title 10,
United States Code.
(2) The term ``high-performing networks of health care
providers'' means networks of health care providers that, in
addition to such other requirements as the Secretary of Defense may
specify for purposes of this section, do the following:
(A) Deliver high quality health care as measured by leading
health quality measurement organizations such as the National
Committee for Quality Assurance and the Agency for Healthcare
Research and Quality.
(B) Achieve greater efficiency in the delivery of health
care by identifying and implementing within such network
improvement opportunities that guide patients through the
entire continuum of care, thereby reducing variations in the
delivery of health care and preventing medical errors and
duplication of medical services.
(C) Improve population-based health outcomes by using a
team approach to deliver case management, prevention, and
wellness services to high-need and high-cost patients.
(D) Focus on preventive care that emphasizes--
(i) early detection and timely treatment of disease;
(ii) periodic health screenings; and
(iii) education regarding healthy lifestyle behaviors.
(E) Coordinate and integrate health care across the
continuum of care, connecting all aspects of the health care
received by the patient, including the patient's health care
team.
(F) Facilitate access to health care providers, including--
(i) after-hours care;
(ii) urgent care; and
(iii) through telehealth appointments, when
appropriate.
(G) Encourage patients to participate in making health care
decisions.
(H) Use evidence-based treatment protocols that improve the
consistency of health care and eliminate ineffective, wasteful
health care practices.
SEC. 706. 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--
(1) to improve access to health care for covered beneficiaries;
(2) to enhance the experience of covered beneficiaries in
receiving health care;
(3) to improve health outcomes for covered beneficiaries;
(4) to share resources between the Department of Defense and
the private sector, including such staff, equipment, and training
assets as may be required to carry out such integrated health
delivery systems;
(5) to maintain services within military treatment facilities
that are essential for the maintenance of operational medical force
readiness skills of health care providers of the Department; and
(6) to provide members of the Armed Forces with additional
training opportunities to maintain such readiness skills.
(b) Elements of Systems.--Each military-civilian integrated health
delivery system established under subsection (a) shall--
(1) deliver high quality health care as measured by leading
national health quality measurement organizations;
(2) achieve greater efficiency in the delivery of health care
by identifying and implementing within each such system improvement
opportunities that guide patients through the entire continuum of
care, thereby reducing variations in the delivery of health care
and preventing medical errors and duplication of medical services;
(3) improve population-based health outcomes by using a team
approach to deliver case management, prevention, and wellness
services to high-need and high-cost patients;
(4) focus on preventive care that emphasizes--
(A) early detection and timely treatment of disease;
(B) periodic health screenings; and
(C) education regarding healthy lifestyle behaviors;
(5) coordinate and integrate health care across the continuum
of care, connecting all aspects of the health care received by the
patient, including the patient's health care team;
(6) facilitate access to health care providers, including--
(A) after-hours care;
(B) urgent care; and
(C) through telehealth appointments, when appropriate;
(7) encourage patients to participate in making health care
decisions;
(8) use evidence-based treatment protocols that improve the
consistency of health care and eliminate ineffective, wasteful
health care practices; and
(9) improve coordination of behavioral health services with
primary health care.
(c) Agreements.--
(1) In general.--In establishing military-civilian integrated
health delivery systems through partnerships under subsection (a),
the Secretary shall seek to enter into memoranda of understanding
or contracts between military treatment facilities and health
maintenance organizations, health care centers of excellence,
public or private academic medical institutions, regional health
organizations, integrated health systems, accountable care
organizations, and such other health systems as the Secretary
considers appropriate.
(2) Private sector care.--Memoranda of understanding and
contracts entered into under paragraph (1) shall ensure that
covered beneficiaries are eligible to enroll in and receive medical
services under the private sector components of military-civilian
integrated health delivery systems established under subsection
(a).
(3) Value-based reimbursement methodologies.--The Secretary
shall incorporate value-based reimbursement methodologies, such as
capitated payments, bundled payments, or pay for performance, into
memoranda of understanding and contracts entered into under
paragraph (1) to reimburse entities for medical services provided
to covered beneficiaries under such memoranda of understanding and
contracts.
(4) Quality of care.--Each memorandum of understanding or
contract entered into under paragraph (1) shall ensure that the
quality of services received by covered beneficiaries through a
military-civilian integrated health delivery system under such
memorandum of understanding or contract is at least comparable to
the quality of services received by covered beneficiaries from a
military treatment facility.
(d) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section 1072
of title 10, United States Code.
SEC. 707. JOINT TRAUMA SYSTEM.
(a) Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate an implementation plan to establish a Joint Trauma
System within the Defense Health Agency that promotes improved
trauma care to members of the Armed Forces and other individuals
who are eligible to be treated for trauma at a military medical
treatment facility.
(2) Implementation.--The Secretary shall implement the plan
under paragraph (1) after a 90-day period has elapsed following the
date on which the Comptroller General of the United States is
required to submit to the Committees on Armed Services of the House
of Representatives and the Senate the review under subsection (c).
In implementing such plan, the Secretary shall take into account
any recommendation made by the Comptroller General under such
review.
(b) Elements.--The Joint Trauma System described in subsection
(a)(1) shall include the following elements:
(1) Serve as the reference body for all trauma care provided
across the military health system.
(2) Establish standards of care for trauma services provided at
military medical treatment facilities.
(3) Coordinate the translation of research from the centers of
excellence of the Department of Defense into standards of clinical
trauma care.
(4) Coordinate the incorporation of lessons learned from the
trauma education and training partnerships pursuant to section 708
into clinical practice.
(c) Review.--Not later than 180 days after the date on which the
Secretary submits to the Committees on Armed Services of the House of
Representatives and the Senate the implementation plan under subsection
(a)(1), the Comptroller General of the United States shall submit to
such committees a review of such plan to determine if each element
under subsection (b) is included in such plan.
(d) Review of Military Trauma System.--In establishing a Joint
Trauma System, the Secretary of Defense may seek to enter into an
agreement with a non-governmental entity with subject matter experts
to--
(1) conduct a system-wide review of the military trauma system,
including a comprehensive review of combat casualty care and
wartime trauma systems during the period beginning on January 1,
2001, and ending on the date of the review, including an assessment
of lessons learned to improve combat casualty care in future
conflicts; and
(2) make publicly available a report containing such review and
recommendations to establish a comprehensive trauma system for the
Armed Forces.
SEC. 708. JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE.
(a) Establishment.--The Secretary of Defense shall establish a
Joint Trauma Education and Training Directorate (in this section
referred to as the ``Directorate'') to ensure that the traumatologists
of the Armed Forces maintain readiness and are able to be rapidly
deployed for future armed conflicts. The Secretary shall carry out this
section in collaboration with the Secretaries of the military
departments.
(b) Duties.--The duties of the Directorate are as follows:
(1) To enter into and coordinate the partnerships under
subsection (c).
(2) To establish the goals of such partnerships necessary for
trauma teams led by traumatologists to maintain professional
competency in trauma care.
(3) To establish metrics for measuring the performance of such
partnerships in achieving such goals.
(4) To develop methods of data collection and analysis for
carrying out paragraph (3).
(5) To communicate and coordinate lessons learned from such
partnerships with the Joint Trauma System established under section
707.
(6) To develop standardized combat casualty care instruction
for all members of the Armed Forces, including the use of
standardized trauma training platforms.
(7) To develop a comprehensive trauma care registry to compile
relevant data from point of injury through rehabilitation of
members of the Armed Forces.
(8) To develop quality of care outcome measures for combat
casualty care.
(9) To direct the conduct of research on the leading causes of
morbidity and mortality of members of the Armed Forces in combat.
(c) Partnerships.--
(1) In general.--The Secretary may enter into partnerships with
civilian academic medical centers and large metropolitan teaching
hospitals that have level I civilian trauma centers to provide
integrated combat trauma teams, including forward surgical teams,
with maximum exposure to a high volume of patients with critical
injuries.
(2) Trauma teams.--Under the partnerships entered into with
civilian academic medical centers and large metropolitan teaching
hospitals under paragraph (1), trauma teams of the Armed Forces led
by traumatologists of the Armed Forces shall embed within the
trauma centers of the medical centers and hospitals on an enduring
basis.
(3) Selection.--The Secretary shall select civilian academic
medical centers and large metropolitan teaching hospitals to enter
into partnerships under paragraph (1) based on patient volume,
acuity, and other factors the Secretary determines necessary to
ensure that the traumatologists of the Armed Forces and the
associated clinical support teams have adequate and continuous
exposure to critically injured patients.
(4) Consideration.--In entering into partnerships under
paragraph (1), the Secretary may consider the experiences and
lessons learned by the military departments that have entered into
memoranda of understanding with civilian medical centers for trauma
care.
(d) Personnel Management Plan.--
(1) Plan.--The Secretary shall establish a personnel management
plan for the following wartime medical specialties:
(A) Emergency medical services and prehospital care.
(B) Trauma surgery.
(C) Critical care.
(D) Anesthesiology.
(E) Emergency medicine.
(F) Other wartime medical specialties the Secretary
determines appropriate for purposes of the plan.
(2) Elements.--The elements of the plan established under
paragraph (1) shall include, at a minimum, the following:
(A) An accession plan for the number of qualified medical
personnel to maintain wartime medical specialties on an annual
basis in order to maintain the required number of trauma teams
as determined by the Secretary.
(B) The number of positions required in each such medical
specialty.
(C) Crucial organizational and operational assignments for
personnel in each such medical specialty.
(D) Career pathways for personnel in each such medical
specialty.
(3) Implementation.--The Secretaries of the military
departments shall carry out the plan established under paragraph
(1).
(e) Implementation Plan.--Not later than July 1, 2017, the
Secretary of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate an implementation plan
for establishing the Joint Trauma Education and Training Directorate
under subsection (a), entering into partnerships under subsection (c),
and establishing the plan under subsection (d).
(f) Level I Civilian Trauma Center Defined.--In this section, the
term ``level I civilian trauma center'' means a comprehensive regional
resource that is a tertiary care facility central to the trauma system
and is capable of providing total care for every aspect of injury from
prevention through rehabilitation.
SEC. 709. STANDARDIZED SYSTEM FOR SCHEDULING MEDICAL APPOINTMENTS
AT MILITARY TREATMENT FACILITIES.
(a) Standardized System.--
(1) In general.--Not later than January 1, 2018, the Secretary
of Defense shall implement a system for scheduling medical
appointments at military treatment facilities that is standardized
throughout the military health system to enable timely access to
care for covered beneficiaries.
(2) Lack of variance.--The system implemented under paragraph
(1) shall ensure that the appointment scheduling processes and
procedures used within the military health system do not vary among
military treatment facilities.
(b) Sole System.--Upon implementation of the system under
subsection (a), no military treatment facility may use an appointment
scheduling process other than such system.
(c) Scheduling of Appointments.--
(1) In general.--Under the system implemented under subsection
(a), each military treatment facility shall use a centralized
appointment scheduling capability for covered beneficiaries that
includes the ability to schedule appointments manually via
telephone as described in paragraph (2) or automatically via a
device that is connected to the Internet through an online
scheduling system described in paragraph (3).
(2) Telephone appointment process.--
(A) In general.--In the case of a covered beneficiary who
contacts a military treatment facility via telephone to
schedule an appointment under the system implemented under
subsection (a), the Secretary shall implement standard
processes to ensure that the needs of the covered beneficiary
are met during the first such telephone call.
(B) Matters included.--The standard processes implemented
under subparagraph (A) shall include the following:
(i) The ability of a covered beneficiary, during the
telephone call to schedule an appointment, to also schedule
wellness visits or follow-up appointments during the 180-
day period beginning on the date of the request for the
visit or appointment.
(ii) The ability of a covered beneficiary to indicate
the process through which the covered beneficiary prefers
to be reminded of future appointments, which may include
reminder telephone calls, emails, or cellular text messages
to the covered beneficiary at specified intervals prior to
appointments.
(3) Online system.--
(A) In general.--The Secretary shall implement an online
scheduling system that is available 24 hours per day, seven
days per week, for purposes of scheduling appointments under
the system implemented under subsection (a).
(B) Capabilities of online system.--The online scheduling
system implemented under subparagraph (A) shall have the
following capabilities:
(i) An ability to send automated email and text message
reminders, including repeat reminders, to patients
regarding upcoming appointments.
(ii) An ability to store appointment records to ensure
rapid access by medical personnel to appointment data.
(d) Standards for Productivity of Health Care Providers.--
(1) In general.--The Secretary shall implement standards for
the productivity of health care providers at military treatment
facilities.
(2) Matters considered.--In developing standards under
paragraph (1), the Secretary shall consider--
(A) civilian benchmarks for measuring the productivity of
health care providers;
(B) the optimal number of medical appointments for each
health care provider that would be required, as determined by
the Secretary, to maintain access of covered beneficiaries to
health care from the Department; and
(C) the readiness requirements of the Armed Forces.
(e) Plan.--
(1) In general.--Not later than January 1, 2017, the Secretary
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a comprehensive plan to implement the
system required under subsection (a).
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A description of the manual appointment process to be
used at military treatment facilities under the system required
under subsection (a).
(B) A description of the automated appointment process to
be used at military treatment facilities under such system.
(C) A timeline for the full implementation of such system
throughout the military health system.
(f) Briefing.--Not later than February 1, 2018, the Secretary shall
brief the Committees on Armed Services of the Senate and the House of
Representatives on the implementation of the system required under
subsection (a) and the standards for the productivity of health care
providers required under subsection (d).
(g) Report on Missed Appointments.--
(1) In general.--Not later than March 1 each year, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on
the total number of medical appointments at military treatment
facilities for which a covered beneficiary failed to appear without
prior notification during the one-year period preceding the
submittal of the report.
(2) Elements.--Each report under paragraph (1) shall include
for each military treatment facility the following:
(A) An identification of the top five reasons for a covered
beneficiary missing an appointment.
(B) A comparison of the number of missed appointments for
specialty care versus primary care.
(C) An estimate of the cost to the Department of Defense of
missed appointments.
(D) An assessment of strategies to reduce the number of
missed appointments.
(h) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section 1072
of title 10, United States Code.

Subtitle B--Other Health Care Benefits

SEC. 711. EXTENDED TRICARE PROGRAM COVERAGE FOR CERTAIN MEMBERS OF
THE NATIONAL GUARD AND DEPENDENTS DURING CERTAIN DISASTER
RESPONSE DUTY.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076e the following new section:
``Sec. 1076f. TRICARE program: extension of coverage for certain
members of the National Guard and dependents during certain
disaster response duty
``(a) Extended Coverage.--During a period in which a member of the
National Guard is performing disaster response duty, the member may be
treated as being on active duty for a period of more than 30 days for
purposes of the eligibility of the member and dependents of the member
for health care benefits under the TRICARE program if such period
immediately follows a period in which the member served on full-time
National Guard duty under section 502(f) of title 32, including
pursuant to chapter 9 of such title, unless the Governor of the State
(or, with respect to the District of Columbia, the mayor of the
District of Columbia) determines that such extended eligibility is not
in the best interest of the member or the State.
``(b) Contribution by State.--(1) The Secretary shall charge a
State for the costs of providing coverage under the TRICARE program to
members of the National Guard of the State and the dependents of the
members pursuant to subsection (a). Such charges shall be paid from the
funds of the State or from any other non-Federal funds.
``(2) Any amounts received by the Secretary under paragraph (1)
shall be credited to the appropriation available for the Defense Health
Program Account under section 1100 of this title, shall be merged with
sums in such Account that are available for the fiscal year in which
collected, and shall be available under subsection (b) of such section,
including to carry out subsection (a) of this section.
``(c) Definitions.--In this section:
``(1) The term `disaster response duty' means duty performed by
a member of the National Guard in State status pursuant to an
emergency declaration by the Governor of the State (or, with
respect to the District of Columbia, the mayor of the District of
Columbia) in response to a disaster or in preparation for an
imminent disaster.
``(2) The term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1076e the following new item:

``1076f. TRICARE program: extension of coverage for certain members of
the National Guard and dependents during certain disaster
response duty.''.
SEC. 712. CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE
COMPONENTS.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a study
of options for providing health care coverage that improves the
continuity of health care provided to current and former members of
the Selected Reserve of the Ready Reserve who are not--
(A) serving on active duty;
(B) eligible for the Transitional Assistance Management
Program under section 1145 of title 10, United States Code; or
(C) eligible for the Federal Employees Health Benefit
Program.
(2) Elements.--The study under paragraph (1) shall address the
following:
(A) Whether to allow current and former members of the
Selected Reserve to participate in the Federal Employees Health
Benefit Program.
(B) Whether to pay a stipend to current and former members
to continue coverage in a health plan obtained by the member.
(C) Whether to allow current and former members to
participate in the TRICARE program under section 1076d of title
10, United States Code.
(D) Whether to amend section 1076f of title 10, United
States Code, as added by section 711, to require the extension
of TRICARE program coverage for members of the National Guard
assigned to Homeland Response Force Units mobilized for a State
emergency pursuant to chapter 9 of title 32, United States
Code.
(E) The findings and recommendations under section 748.
(F) Any other options for providing health care coverage to
current and former members of the Selected Reserve the
Secretary considers appropriate.
(3) Consultation.--In carrying out the study under paragraph
(1), the Secretary shall consult with, and obtain the opinions of,
current and former members of the Selected Reserve, including the
leadership of the Selected Reserve.
(4) Submission.--
(A) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study under
paragraph (1).
(B) Matters included.--The report under subparagraph (A)
shall include the following:
(i) A description of the health care coverage options
addressed by the Secretary under paragraph (2).
(ii) Identification of such health care coverage option
that the Secretary recommends as the best option.
(iii) The justifications for such recommended best
option.
(iv) The number and proportion of the current and
former members of the Selected Reserve projected to
participate in such recommended best option.
(v) A determination of the appropriate cost sharing for
such recommended best option with respect to the percentage
contribution as a monthly premium for current members of
the Selected Reserve.
(vi) An estimate of the cost of implementing such
recommended best option.
(vii) Any legislative language required to implement
such recommended best option.
(b) Pilot Program.--
(1) Authorization.--The Secretary of Defense and the Director
may jointly carry out a pilot program, at the election of the
Secretary, under which the Director provides commercial health
insurance coverage to eligible reserve component members who enroll
in a health benefits plan under paragraph (4) as an individual, for
self plus one coverage, or for self and family coverage.
(2) Elements.--The pilot program shall--
(A) provide for enrollment by eligible reserve component
members, at the election of the member, in a health benefits
plan under paragraph (4) during an open enrollment period
established by the Director for purposes of this subsection;
(B) include a variety of national and regional health
benefits plans that--
(i) meet the requirements of this subsection;
(ii) are broadly representative of the health benefits
plans available in the commercial market; and
(iii) do not contain unnecessary restrictions, as
determined by the Director; and
(C) offer a sufficient number of health benefits plans in
order to provide eligible reserve component beneficiaries with
an ample choice of health benefits plans, as determined by the
Director.
(3) Duration.--If the Secretary elects to carry out the pilot
program, the Secretary and the Director shall carry out the pilot
program for not less than five years.
(4) Health benefits plans.--
(A) In general.--In providing health insurance coverage
under the pilot program, the Director shall contract with
qualified carriers for a variety of health benefits plans.
(B) Description of plans.--Health benefits plans contracted
for under this subsection--
(i) may vary by type of plan design, covered benefits,
geography, and price;
(ii) shall include maximum limitations on out-of-pocket
expenses paid by an eligible reserve component beneficiary
for the health care provided; and
(iii) may not exclude an eligible reserve component
member who chooses to enroll.
(C) Quality of plans.--The Director shall ensure that each
health benefits plan offered under this subsection offers a
high degree of quality, as determined by criteria that
include--
(i) access to an ample number of medical providers, as
determined by the Director;
(ii) adherence to industry-accepted quality
measurements, as determined by the Director;
(iii) access to benefits described in paragraph (5),
including ease of referral for health care services; and
(iv) inclusion in the services covered by the plan of
advancements in medical treatments and technology as soon
as practicable in accordance with generally accepted
standards of medicine.
(5) Benefits.--A health benefits plan offered by the Director
under this subsection shall include, at a minimum, the following
benefits:
(A) The health care benefits provided under chapter 55 of
title 10, United States Code, excluding pharmaceutical, dental,
and extended health care option benefits.
(B) Such other benefits as the Director determines
appropriate.
(6) Care at facilities of uniformed services.--
(A) In general.--If an eligible reserve component
beneficiary receives benefits described in paragraph (5) at a
facility of the uniformed services, the health benefits plan
under which the beneficiary is covered shall be treated as a
third-party payer under section 1095 of title 10, United States
Code, and shall pay charges for such benefits as determined by
the Secretary.
(B) Military medical treatment facilities.--The Secretary,
in consultation with the Director--
(i) may contract with qualified carriers with which the
Director has contracted under paragraph (4) to provide
health insurance coverage for health care services provided
at military treatment facilities under this subsection; and
(ii) may receive payments under section 1095 of title
10, United States Code, from qualified carriers for health
care services provided at military medical treatment
facilities under this subsection.
(7) Special rule relating to active duty period.--
(A) In general.--An eligible reserve component member may
not receive benefits under a health benefits plan under this
subsection during any period in which the member is serving on
active duty for more than 30 days.
(B) Treatment of dependents.--Subparagraph (A) does not
affect the coverage under a health benefits plan of any
dependent of an eligible reserve component member.
(8) Eligibility for federal employees health benefits
program.--An individual is not eligible to enroll in or be covered
under a health benefits plan under this subsection if the
individual is eligible to enroll in a health benefits plan under
the Federal Employees Health Benefits Program.
(9) Cost sharing.--
(A) Responsibility for payment.--
(i) In general.--Except as provided in clause (ii), an
eligible reserve component member shall pay an annual
premium amount calculated under subparagraph (B) for
coverage under a health benefits plan under this subsection
and additional amounts described in subparagraph (C) for
health care services in connection with such coverage.
(ii) Active duty period.--

(I) In general.--During any period in which an
eligible reserve component member is serving on active
duty for more than 30 days, the eligible reserve
component member is not responsible for paying any
premium amount under subparagraph (B) or additional
amounts under subparagraph (C).
(II) Coverage of dependents.--With respect to a
dependent of an eligible reserve component member that
is covered under a health benefits plan under this
subsection, during any period described in subclause
(I) with respect to the member, the Secretary shall, on
behalf of the dependent, pay 100 percent of the total
annual amount of a premium for coverage of the
dependent under the plan and such cost-sharing amounts
as may be applicable under the plan.

(B) Premium amount.--
(i) In general.--The annual premium calculated under
this subparagraph is an amount equal to 28 percent of the
total annual amount of a premium under the health benefits
plan selected.
(ii) Types of coverage.--The premium amounts calculated
under this subparagraph shall include separate calculations
for--

(I) coverage as an individual;
(II) self plus one coverage; and
(III) self and family coverage.

(C) Additional amounts.--The additional amounts described
in this subparagraph with respect to an eligible reserve
component member are such cost-sharing amounts as may be
applicable under the health benefits plan under which the
member is covered.
(10) Contracting.--
(A) In general.--In contracting for health benefits plans
under paragraph (4), the Director may contract with qualified
carriers in a manner similar to the manner in which the
Director contracts with carriers under section 8902 of title 5,
United States Code, including that--
(i) a contract under this subsection shall be for a
uniform term of not less than one year, but may be made
automatically renewable from term to term in the absence of
notice of termination by either party;
(ii) a contract under this subsection shall contain a
detailed statement of benefits offered and shall include
such maximums, limitations, exclusions, and other
definitions of benefits determined by the Director in
accordance with paragraph (5);
(iii) a contract under this subsection shall ensure
that an eligible reserve component member who is eligible
to enroll in a health benefits plan pursuant to such
contract is able to enroll in such plan; and
(iv) the terms of a contract under this subsection
relating to the nature, provision, or extent of coverage or
benefits (including payments with respect to benefits)
shall supersede and preempt any conflicting State or local
law.
(B) Evaluation of financial solvency.--The Director shall
perform a thorough evaluation of the financial solvency of an
insurance carrier before entering into a contract with the
insurance carrier under subparagraph (A).
(11) Recommendations and data.--
(A) In general.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security, shall provide
recommendations and data to the Director with respect to--
(i) matters involving military medical treatment
facilities;
(ii) matters unique to eligible reserve component
members and dependents of such members; and
(iii) such other strategic guidance necessary for the
Director to administer this subsection as the Secretary of
Defense, in consultation with the Secretary of Homeland
Security, considers appropriate.
(B) Limitation on implementation.--The Director shall not
implement any recommendation provided by the Secretary of
Defense under subparagraph (A) if the Director determines that
the implementation of the recommendation would result in
eligible reserve components beneficiaries receiving less
generous health benefits under this subsection than the health
benefits commonly available to individuals under the Federal
Employees Health Benefits Program during the same period.
(12) Transmission of information.--On an annual basis during
each year in which the pilot program is carried out, the Director
shall provide the Secretary with information on the use of health
care benefits under the pilot program, including--
(A) the number of eligible reserve component beneficiaries
participating in the pilot program, listed by the health
benefits plan under which the beneficiary is covered;
(B) the number of health benefits plans offered under the
pilot program and a description of each such plan; and
(C) the costs of the health care provided under the plans.
(13) Funding.--
(A) In general.--The Secretary of Defense and the Director
shall jointly establish an appropriate mechanism to fund the
pilot program.
(B) Availability of amounts.--Amounts shall be made
available to the Director pursuant to the mechanism established
under subparagraph (A), without fiscal year limitation--
(i) for payments to health benefits plans under this
subsection; and
(ii) to pay the costs of administering this subsection.
(14) Reports.--
(A) Initial reports.--Not later than one year after the
date on which the Secretary establishes the pilot program, and
annually thereafter for the following three years, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program.
(B) Matters included.--The report under subparagraph (A)
shall include, with respect to the year covered by the report,
the following:
(i) The number of eligible reserve component
beneficiaries participating in the pilot program, listed by
the health benefits plan under which the beneficiary is
covered.
(ii) The number of health benefits plans offered under
the pilot program.
(iii) The cost of the pilot program to the Department
of Defense.
(iv) The estimated cost savings, if any, to the
Department of Defense.
(v) The average cost to the eligible reserve component
beneficiary.
(vi) The effect of the pilot program on the medical
readiness of the members of the reserve components.
(vii) The effect of the pilot program on access to
health care for members of the reserve components.
(C) Final report.--Not later than 180 days before the date
on which the pilot program will terminate pursuant to paragraph
(3), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the pilot program that includes--
(i) the matters specified under subparagraph (B); and
(ii) the recommendation of the Secretary regarding
whether to make the pilot program permanent or to terminate
the pilot program.
(c) Definitions.--In this section:
(1) The term ``Director'' means the Director of the Office of
Personnel Management.
(2) The term ``eligible reserve component beneficiary'' means
an eligible reserve component member enrolled in, or a dependent of
such a member described in subparagraph (A), (D), or (I) of section
1072(2) of title 10, United States Code, covered under, a health
benefits plan under subsection (b).
(3) The term ``eligible reserve component member'' means a
member of the Selected Reserve of the Ready Reserve of an Armed
Force.
(4) The term ``extended health care option'' means the program
of extended benefits under subsections (d) and (e) of section 1079
of title 10, United States Code.
(5) The term ``Federal Employees Health Benefits Program''
means the health insurance program under chapter 89 of title 5,
United States Code.
(6) The term ``qualified carrier'' means an insurance carrier
that is licensed to issue group health insurance in any State, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, and any
territory or possession of the United States.
SEC. 713. PROVISION OF HEARING AIDS TO DEPENDENTS OF RETIRED
MEMBERS.
Section 1077 of title 10, United States Code, is amended--
(1) in subsection (a)(16), by striking ``A hearing aid'' and
inserting ``Except as provided by subsection (g), a hearing aid'';
and
(2) by adding at the end the following new subsection:
``(g) In addition to the authority to provide a hearing aid under
subsection (a)(16), hearing aids may be sold under this section to
dependents of former members of the uniformed services at cost to the
United States.''.
SEC. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS FOR
CERTAIN CONDITIONS UNDER THE TRICARE PROGRAM.
(a) In General.--Section 1077 of title 10, United States Code, as
amended by section 713, is further amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting before the period at the
end the following: ``, including, in accordance with subsection
(g), medically necessary vitamins''; and
(B) by adding at the end the following new paragraph:
``(18) In accordance with subsection (g), medically necessary
food and the medical equipment and supplies necessary to administer
such food (other than durable medical equipment and supplies).'';
and
(2) by adding at the end the following new subsection:
``(h)(1) Vitamins that may be provided under subsection (a)(3) are
vitamins used for the management of a covered disease or condition
pursuant to the prescription, order, or recommendation (as applicable)
of a physician or other health care professional qualified to make such
prescription, order, or recommendation.
``(2) Medically necessary food that may be provided under
subsection (a)(18)--
``(A) is food, including a low protein modified food product or
an amino acid preparation product, that is--
``(i) furnished pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other health
care professional qualified to make such prescription, order,
or recommendation, for the dietary management of a covered
disease or condition;
``(ii) a specially formulated and processed product (as
opposed to a naturally occurring foodstuff used in its natural
state) for the partial or exclusive feeding of an individual by
means of oral intake or enteral feeding by tube;
``(iii) intended for the dietary management of an
individual who, because of therapeutic or chronic medical
needs, has limited or impaired capacity to ingest, digest,
absorb, or metabolize ordinary foodstuffs or certain nutrients,
or who has other special medically determined nutrient
requirements, the dietary management of which cannot be
achieved by the modification of the normal diet alone;
``(iv) intended to be used under medical supervision, which
may include in a home setting; and
``(v) intended only for an individual receiving active and
ongoing medical supervision under which the individual requires
medical care on a recurring basis for, among other things,
instructions on the use of the food; and
``(B) may not include--
``(i) food taken as part of an overall diet designed to
reduce the risk of a disease or medical condition or as weight-
loss products, even if the food is recommended by a physician
or other health care professional;
``(ii) food marketed as gluten-free for the management of
celiac disease or non-celiac gluten sensitivity;
``(iii) food marketed for the management of diabetes; or
``(iv) such other products as the Secretary determines
appropriate.
``(3) In this subsection, the term `covered disease or condition'
means--
``(A) inborn errors of metabolism;
``(B) medical conditions of malabsorption;
``(C) pathologies of the alimentary tract or the
gastrointestinal tract;
``(D) a neurological or physiological condition; and
``(E) such other diseases or conditions the Secretary
determines appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to health care provided under chapter 55 of such title on or
after the date that is one year after the date of the enactment of this
Act.
SEC. 715. ELIGIBILITY OF CERTAIN BENEFICIARIES UNDER THE TRICARE
PROGRAM FOR PARTICIPATION IN THE FEDERAL EMPLOYEES DENTAL AND
VISION INSURANCE PROGRAM.
(a) In General.--
(1) Dental benefits.--Section 8951 of title 5, United States
Code, is amended--
(A) in paragraph (3), by striking ``paragraph (1) or (2)''
and inserting ``paragraph (1), (2), or (8)''; and
(B) by adding at the end the following new paragraph:
``(8) The term `covered TRICARE-eligible individual' means an
individual entitled to dental care under chapter 55 of title 10,
pursuant to section 1076c of such title, who the Secretary of
Defense determines should be an eligible individual for purposes of
this chapter.''.
(2) Vision benefits.--Section 8981 of title 5, United States
Code, is amended--
(A) in paragraph (3), by striking ``paragraph (1) or (2)''
and inserting ``paragraph (1), (2), or (8)''; and
(B) by adding at the end the following new paragraph:
``(8)(A) The term `covered TRICARE-eligible individual'--
``(i) means an individual entitled to medical care under
chapter 55 of title 10, pursuant to section 1076d, 1076e,
1079(a), 1086(c), or 1086(d) of such title, who the Secretary
of Defense determines in accordance with an agreement entered
into under subparagraph (B) should be an eligible individual
for purposes of this chapter; and
``(ii) does not include an individual covered under section
1110b of title 10.
``(B) The Secretary of Defense shall enter into an agreement
with the Director of the Office relating to classes of individuals
described in subparagraph (A)(i) who should be eligible individuals
for purposes of this chapter.''.
(b) Conforming Amendments.--
(1) Dental benefits.--Section 8958(c) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) in the case of a covered TRICARE-eligible individual who
receives pay from the Federal Government or an annuity from the
Federal Government due to the death of a member of the uniformed
services (as defined in section 101 of title 10), and is not a
former spouse of a member of the uniformed services, be withheld
from--
``(A) the pay (including retired pay) of such individual;
or
``(B) the annuity paid to such individual; or
``(4) in the case of a covered TRICARE-eligible individual who
is not described in paragraph (3), be billed to such individual
directly.''.
(2) Vision benefits.--Section 8988(c) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(3) in the case of a covered TRICARE-eligible individual who
receives pay from the Federal Government or an annuity from the
Federal Government due to the death of a member of the uniformed
services (as defined in section 101 of title 10), and is not a
former spouse of a member of the uniformed services, be withheld
from--
``(A) the pay (including retired pay) of such individual;
or
``(B) the annuity paid to such individual; or
``(4) in the case of a covered TRICARE-eligible individual who
is not described in paragraph (3), be billed to such individual
directly.''.
(3) Plan for dental insurance for certain retirees, surviving
spouses, and other dependents.--Subsection (a) of section 1076c of
title 10, United States Code, is amended to read as follows:
``(a) Requirement for Plan.--(1) The Secretary of Defense shall
establish a dental insurance plan for retirees of the uniformed
services, certain unremarried surviving spouses, and dependents in
accordance with this section.
``(2) The Secretary may satisfy the requirement under paragraph (1)
by entering into an agreement with the Director of the Office of
Personnel Management to allow persons described in subsection (b) to
enroll in an insurance plan under chapter 89A of title 5 that provides
benefits similar to those benefits required to be provided under
subsection (d).''.
(c) Applicability.--The amendments made by this section shall apply
with respect to the first contract year for chapter 89A or 89B of title
5, United States Code, as applicable, that begins on or after January
1, 2018.
SEC. 716. APPLIED BEHAVIOR ANALYSIS.
(a) Rates of Reimbursement.--
(1) In general.--In furnishing applied behavior analysis under
the TRICARE program to individuals described in paragraph (2)
during the period beginning on the date of the enactment of this
Act and ending on December 31, 2018, the Secretary of Defense shall
ensure that the reimbursement rates for providers of applied
behavior analysis are not less than the rates that were in effect
on March 31, 2016.
(2) Individuals described.--Individuals described in this
paragraph are individuals who are covered beneficiaries by reason
of being a member or former member of the Army, Navy, Air Force, or
Marine Corps, including the reserve components thereof, or a
dependent of such a member or former member.
(b) Analysis.--
(1) In general.--Upon the completion of the Department of
Defense Comprehensive Autism Care Demonstration, the Assistant
Secretary of Defense for Health Affairs shall conduct an analysis
to--
(A) use data gathered during the demonstration to set
future reimbursement rates for providers of applied behavior
analysis under the TRICARE program;
(B) review comparative commercial insurance claims for
purposes of setting such future rates, including by--
(i) conducting an analysis of the comparative total of
commercial insurance claims billed for applied behavior
analysis; and
(ii) reviewing any covered beneficiary limitations on
access to applied behavior analysis services at various
military installations throughout the United States; and
(C) determine whether the use of applied behavioral
analysis under the demonstration has improved outcomes for
covered beneficiaries with autism spectrum disorder.
(2) Submission.--The Assistant Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the analysis conducted under paragraph (1).
(c) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 717. EVALUATION AND TREATMENT OF VETERANS AND CIVILIANS AT
MILITARY TREATMENT FACILITIES.
(a) In General.--The Secretary of Defense shall authorize a veteran
(in consultation with the Secretary of Veterans Affairs) or civilian to
be evaluated and treated at a military treatment facility if the
Secretary of Defense determines that--
(1) the evaluation and treatment of the individual is necessary
to attain the relevant mix and volume of medical casework required
to maintain medical readiness skills and competencies of health
care providers at the facility;
(2) the health care providers at the facility have the
competencies, skills, and abilities required to treat the
individual; and
(3) the facility has available space, equipment, and materials
to treat the individual.
(b) Priority of Covered Beneficiaries.--The evaluation and
treatment of covered beneficiaries at military treatment facilities
shall be prioritized ahead of the evaluation and treatment of veterans
and civilians at such facilities under subsection (a).
(c) Reimbursement for Treatment.--
(1) Civilians.--A military treatment facility that evaluates or
treats an individual (other than an individual described in
paragraph (2)) under subsection (a) shall bill the individual and
accept reimbursement from the individual or a third-party payer (as
that term is defined in section 1095(h) of title 10, United States
Code) on behalf of such individual for the costs of any health care
services provided to the individual under such subsection.
(2) Veterans.--The Secretary of Defense shall enter into a
memorandum of agreement with the Secretary of Veterans Affairs
under which the Secretary of Veterans Affairs will pay a military
treatment facility using a prospective payment methodology
(including interagency transfers of funds or obligational authority
and similar transactions) for the costs of any health care services
provided at the facility under subsection (a) to individuals
eligible for such health care services from the Department of
Veterans Affairs.
(3) Use of amounts.--The Secretary of Defense shall make
available to a military treatment facility any amounts collected by
such facility under paragraph (1) or (2) for health care services
provided to an individual under subsection (a).
(d) Covered Beneficiary Defined.--In this section, the term
``covered beneficiary'' has the meaning given that term in section 1072
of title 10, United States Code.
SEC. 718. ENHANCEMENT OF USE OF TELEHEALTH SERVICES IN MILITARY
HEALTH SYSTEM.
(a) Incorporation of Telehealth.--
(1) In general.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall incorporate,
throughout the direct care and purchased care components of the
military health system, the use of telehealth services, including
mobile health applications--
(A) to improve access to primary care, urgent care,
behavioral health care, and specialty care;
(B) to perform health assessments;
(C) to provide diagnoses, interventions, and supervision;
(D) to monitor individual health outcomes of covered
beneficiaries with chronic diseases or conditions;
(E) to improve communication between health care providers
and patients; and
(F) to reduce health care costs for covered beneficiaries
and the Department of Defense.
(2) Types of telehealth services.--The telehealth services
required to be incorporated under paragraph (1) shall include those
telehealth services that--
(A) maximize the use of secure messaging between health
care providers and covered beneficiaries to improve the access
of covered beneficiaries to health care and reduce the number
of visits to medical facilities for health care needs;
(B) allow covered beneficiaries to schedule appointments;
and
(C) allow health care providers, through video conference,
telephone or tablet applications, or home health monitoring
devices--
(i) to assess and evaluate disease signs and symptoms;
(ii) to diagnose diseases;
(iii) to supervise treatments; and
(iv) to monitor health outcomes.
(b) Coverage of Items or Services.--An item or service furnished to
a covered beneficiary via a telecommunications system shall be covered
under the TRICARE program to the same extent as the item or service
would be covered if furnished in the location of the covered
beneficiary.
(c) Reimbursement Rates for Telehealth Services.--The Secretary
shall develop standardized payment methods to reimburse health care
providers for telehealth services provided to covered beneficiaries in
the purchased care component of the TRICARE program, including by using
reimbursement rates that incentivize the provision of telehealth
services.
(d) Reduction or Elimination of Copayments.--The Secretary shall
reduce or eliminate, as the Secretary considers appropriate, copayments
or cost shares for covered beneficiaries in connection with the receipt
of telehealth services under the purchased care component of the
TRICARE program.
(e) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report describing the full range of
telehealth services to be available in the direct care and
purchased care components of the military health system and the
copayments and cost shares, if any, associated with those
services.
(B) Reimbursement plan.--The report required under
subparagraph (A) shall include a plan to develop standardized
payment methods to reimburse health care providers for
telehealth services provided to covered beneficiaries in the
purchased care component of the TRICARE program, as required
under subsection (c).
(2) Final report.--
(A) In general.--Not later than three years after the date
on which the Secretary begins incorporating, throughout the
direct care and purchased care components of the military
health system, the use of telehealth services as required under
subsection (a), the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report describing the impact made by the use of telehealth
services, including mobile health applications, to carry out
the actions specified in subparagraphs (A) through (F) of
subsection (a)(1).
(B) Elements.--The report required under subparagraph (A)
shall include an assessment of the following:
(i) The satisfaction of covered beneficiaries with
telehealth services furnished by the Department of Defense.
(ii) The satisfaction of health care providers in
providing telehealth services furnished by the Department.
(iii) The effect of telehealth services furnished by
the Department on the following:

(I) The ability of covered beneficiaries to access
health care services in the direct care and purchased
care components of the military health system.
(II) The frequency of use of telehealth services by
covered beneficiaries.
(III) The productivity of health care providers
providing care furnished by the Department.
(IV) The reduction, if any, in the use by covered
beneficiaries of health care services in military
treatment facilities or medical facilities in the
private sector.
(V) The number and types of appointments for the
receipt of telehealth services furnished by the
Department.
(VI) The savings, if any, realized by the
Department by furnishing telehealth services to covered
beneficiaries.

(f) Regulations.--
(1) Interim final rule.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall prescribe an
interim final rule to implement this section.
(2) Final rule.--Not later than 180 days after prescribing the
interim final rule under paragraph (1) and considering public
comments with respect to such interim final rule, the Secretary
shall prescribe a final rule to implement this section.
(3) Objectives.--The regulations prescribed under paragraphs
(1) and (2) shall accomplish the objectives set forth in subsection
(a) and ensure quality of care, patient safety, and the integrity
of the TRICARE program.
(g) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 719. 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
to provide vaccines to covered beneficiaries through a State
vaccination program may not exceed the amount that the
Department would reimburse an entity under the TRICARE program
for providing vaccines to the number of covered beneficiaries
who were involved in the applicable State vaccination program.
(b) Definitions.--In this section:
(1) Covered beneficiary; tricare program.--The terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given those
terms in section 1072 of title 10, United States Code.
(2) State vaccination program.--The term ``State vaccination
program'' means a vaccination program that provides vaccinations to
individuals in a State and is carried out by an entity (including
an agency of the State) within the State.

Subtitle C--Health Care Administration

SEC. 721. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) Limited Authority for Conversion.--
(1) Authority.--Chapter 49 of title 10, United States Code, is
amended by inserting after section 976 the following new section:
``Sec. 977. Conversion of military medical and dental positions to
civilian medical and dental positions: limitation
``(a) Process.--The Secretary of Defense, in collaboration with the
Secretaries of the military departments, shall establish a process to
define the military medical and dental personnel requirements necessary
to meet operational medical force readiness requirements.
``(b) Requirements Relating to Conversion.--A military medical or
dental position within the Department of Defense may be converted to a
civilian medical or dental position if the Secretary determines that
the position is not necessary to meet operational medical force
readiness requirements, as determined pursuant to subsection (a).
``(c) Grade or Level Converted.--In carrying out a conversion under
subsection (b), the Secretary of Defense--
``(1) shall convert the applicable military position to a
civilian position with a level of compensation commensurate with
the skills and experience necessary to carry out the duties of such
civilian position; and
``(2) may not place any limitation on the grade or level to
which the military position is so converted.
``(d) Definitions.--In this section:
``(1) The term `military medical or dental position' means a
position for the performance of health care functions within the
armed forces held by a member of the armed forces.
``(2) The term `civilian medical or dental position' means a
position for the performance of health care functions within the
Department of Defense held by an employee of the Department or of a
contractor of the Department.
``(3) The term `conversion', with respect to a military medical
or dental position, means a change of the position to a civilian
medical or dental position, effective as of the date of the manning
authorization document of the military department making the change
(through a change in designation from military to civilian in the
document, the elimination of the listing of the position as a
military position in the document, or through any other means
indicating the change in the document or otherwise).''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 49 of such title is amended by inserting after the item
relating to section 976 the following new item:

``977. Conversion of military medical and dental positions to civilian
medical and dental positions: limitation.''.

(3) Effective date of conversion authority.--The Secretary of
Defense may not carry out section 977(b) of title 10, United States
Code, as added by paragraph (1), until the date that is 180 days
after the date on which the Secretary submits the report under
subsection (b).
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
that includes the following:
(1) A description of the process established under section
977(a) of title 10, United States Code, as added by subsection (a),
to define the military medical and dental personnel requirements
necessary to meet operational medical force readiness requirements.
(2) A complete list, by position, of the military medical and
dental personnel requirements necessary to meet operational medical
force readiness requirements.
(c) Conforming Repeal.--Section 721 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
198; 10 U.S.C. 129c note) is repealed.
SEC. 722. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL
CARE FOR THE COAST GUARD.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 520. Prospective payment of funds necessary to provide medical
care
``(a) Prospective Payment Required.--In lieu of the reimbursement
required under section 1085 of title 10, the Secretary of Homeland
Security shall make a prospective payment to the Secretary of Defense
of an amount that represents the actuarial valuation of treatment or
care--
``(1) that the Department of Defense shall provide to members
of the Coast Guard, former members of the Coast Guard, and
dependents of such members and former members (other than former
members and dependents of former members who are a Medicare-
eligible beneficiary or for whom the payment for treatment or care
is made from the Medicare-Eligible Retiree Health Care Fund) at
facilities under the jurisdiction of the Department of Defense or a
military department; and
``(2) for which a reimbursement would otherwise be made under
section 1085.
``(b) Amount.--The amount of the prospective payment under
subsection (a) shall be--
``(1) in the case of treatment or care to be provided to
members of the Coast Guard and their dependents, derived from
amounts appropriated for the operating expenses of the Coast Guard;
``(2) in the case of treatment or care to be provided former
members of the Coast Guard and their dependents, derived from
amounts appropriated for retired pay;
``(3) determined under procedures established by the Secretary
of Defense;
``(4) paid during the fiscal year in which treatment or care is
provided; and
``(5) subject to adjustment or reconciliation as the
Secretaries determine appropriate during or promptly after such
fiscal year in cases in which the prospective payment is determined
excessive or insufficient based on the services actually provided.
``(c) No Prospective Payment When Service in Navy.--No prospective
payment shall be made under this section for any period during which
the Coast Guard operates as a service in the Navy.
``(d) Relationship to TRICARE.--This section shall not be construed
to require a payment for, or the prospective payment of an amount that
represents the value of, treatment or care provided under any TRICARE
program.''.
(b) Clerical Amendment.--The analysis for chapter 13 of title 14,
United States Code, is amended by adding at the end the following:

``520. Prospective payment of funds necessary to provide medical
care.''.

(c) Repeal.--Section 217 of the Coast Guard Authorization Act of
2016 (Public Law 114-120), as amended by section 3503, and the item
relating to that section in the table of contents in section 2 of such
Act, are repealed.
SEC. 723. REDUCTION OF ADMINISTRATIVE REQUIREMENTS RELATING TO
AUTOMATIC RENEWAL OF ENROLLMENTS IN TRICARE PRIME.
Section 1097a(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) An'' and inserting
``An''; and
(2) by striking paragraph (2).
SEC. 724. MODIFICATION OF AUTHORITY OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES TO INCLUDE UNDERGRADUATE AND
OTHER MEDICAL EDUCATION AND TRAINING PROGRAMS.
(a) In General.--Section 2112(a) of title 10, United States Code,
is amended to read as follows:
``(a)(1) There is established a Uniformed Services University of
the Health Sciences (in this chapter referred to as the `University')
with authority to grant appropriate certificates, certifications,
undergraduate degrees, and advanced degrees.
``(2) The University shall be so organized as to graduate not fewer
than 100 medical students annually.
``(3) The headquarters of the University shall be at a site or
sites selected by the Secretary of Defense within 25 miles of the
District of Columbia.''.
(b) Administration.--Section 2113 of such title is amended--
(1) in subsection (d)--
(A) in the first sentence, by striking ``located in or near
the District of Columbia'';
(B) in the third sentence, by striking ``in or near the
District of Columbia''; and
(C) by striking the fifth sentence; and
(2) in subsection (e)(3), by inserting after ``programs'' the
following: ``, including certificate, certification, and
undergraduate degree programs,''.
(c) Repeal of Expired Provision.--Section 2112a of such title is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Closure Prohibited.--
''.
SEC. 725. ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AUTHORIZED
STRENGTHS, AND INFRASTRUCTURE IN MILITARY HEALTH SYSTEM TO
MAINTAIN READINESS AND CORE COMPETENCIES OF HEALTH CARE
PROVIDERS.
(a) In General.--Except as provided by subsection (c), not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall implement measures to maintain the critical
wartime medical readiness skills and core competencies of health care
providers within the Armed Forces.
(b) Measures.--The measures under subsection (a) shall include
measures under which the Secretary ensures the following:
(1) Medical services provided through the military health
system at military medical treatment facilities--
(A) maintain the critical wartime medical readiness skills
and core competencies of health care providers within the Armed
Forces; and
(B) ensure the medical readiness of the Armed Forces.
(2) The authorized strengths for military and civilian
personnel throughout the military health system--
(A) maintain the critical wartime medical readiness skills
and core competencies of health care providers within the Armed
Forces; and
(B) ensure the medical readiness of the Armed Forces.
(3) The infrastructure in the military health system, including
infrastructure of military medical treatment facilities--
(A) maintains the critical wartime medical readiness skills
and core competencies of health care providers within the Armed
Forces; and
(B) ensures the medical readiness of the Armed Forces.
(4) Any covered beneficiary who may be affected by the measures
implemented under subsection (a) will be able to receive through
the purchased care component of the TRICARE program any medical
services that will not be available to such covered beneficiary at
a military medical treatment facility by reason of such measures.
(c) Exception.--The Secretary is not required to implement measures
under subsection (a)(1) with respect to military medical treatment
facilities located in a foreign country if the Secretary determines
that providing medical services in addition to the medical services
described in such subsection is necessary to ensure that covered
beneficiaries located in that foreign country have access to a similar
level of care available to covered beneficiaries located in the United
States.
(d) Definitions.--In this section:
(1) The term ``clinical and logistical capabilities'' means
those capabilities relating to the provision of health care that
are necessary to accomplish operational requirements, including--
(A) combat casualty care;
(B) medical response to and treatment of injuries sustained
from chemical, biological, radiological, nuclear, or explosive
incidents;
(C) diagnosis and treatment of infectious diseases;
(D) aerospace medicine;
(E) undersea medicine;
(F) diagnosis, treatment, and rehabilitation of specialized
medical conditions;
(G) diagnosis and treatment of diseases and injuries that
are not related to battle; and
(H) humanitarian assistance.
(2) The terms ``covered beneficiary'' and ``TRICARE program''
have the meanings given those terms in section 1072 of title 10,
United States Code.
(3) The term ``critical wartime medical readiness skills and
core competencies'' means those essential medical capabilities,
including clinical and logistical capabilities, that are--
(A) necessary to be maintained by health care providers
within the Armed Forces for national security purposes; and
(B) vital to the provision of effective and timely health
care during contingency operations.
SEC. 726. PROGRAM TO ELIMINATE VARIABILITY IN HEALTH OUTCOMES AND
IMPROVE QUALITY OF HEALTH CARE SERVICES DELIVERED IN MILITARY
MEDICAL TREATMENT FACILITIES.
(a) Program.--Beginning not later than January 1, 2018, the
Secretary of Defense shall implement a program--
(1) to establish best practices for the delivery of health care
services for certain diseases or conditions at military medical
treatment facilities, as selected by the Secretary;
(2) to incorporate such best practices into the daily
operations of military medical treatment facilities selected by the
Secretary for purposes of the program, with priority in selection
given to facilities that provide specialty care; and
(3) to eliminate variability in health outcomes and to improve
the quality of health care services delivered at military medical
treatment facilities selected by the Secretary for purposes of the
program.
(b) Use of Clinical Practice Guidelines.--In carrying out the
program under subsection (a), the Secretary shall develop, implement,
monitor, and update clinical practice guidelines reflecting the best
practices established under paragraph (1) of such subsection.
(c) Development.--In developing the clinical practice guidelines
under subsection (b), the Secretary shall ensure that such development
includes a baseline assessment of health care delivery and outcomes at
military medical treatment facilities to evaluate and determine
evidence-based best practices, within the direct care component of the
military health system and the private sector, for treating the
diseases or conditions selected by the Secretary under subsection
(a)(1).
(d) Implementation.--The Secretary shall implement the clinical
practice guidelines under subsection (b) in military medical treatment
facilities selected by the Secretary under subsection (a)(2) using
means determined appropriate by the Secretary, including by
communicating with the relevant health care providers of the evidence
upon which the guidelines are based and by providing education and
training on the most appropriate implementation of the guidelines.
(e) Monitoring.--The Secretary shall monitor the implementation of
the clinical practice guidelines under subsection (b) using appropriate
means, including by monitoring the results in clinical outcomes based
on specific metrics included as part of the guidelines.
(f) Updating.--The Secretary shall periodically update the clinical
practice guidelines under subsection (b) based on the results of
monitoring conducted under subsection (e) and by continuously assessing
evidence-based best practices within the direct care component of the
military health system and the private sector.
(g) Continuous Cycle.--The Secretary shall establish a continuous
cycle of carrying out subsections (c) through (f) with respect to the
clinical practice guidelines established under subsection (a).
SEC. 727. ACQUISITION STRATEGY FOR HEALTH CARE PROFESSIONAL
STAFFING SERVICES.
(a) Acquisition Strategy.--
(1) In general.--The Secretary of Defense shall develop and
carry out a performance-based, strategic sourcing acquisition
strategy with respect to entering into contracts for the services
of health care professional staff at military medical treatment
facilities located in a State.
(2) Elements.--The acquisition strategy under paragraph (1)
shall include the following:
(A) Except as provided by subparagraph (B), a requirement
that all the military medical treatment facilities that provide
direct care use contracts described under paragraph (1).
(B) A process for a military medical treatment facility to
obtain a waiver of the requirement under subparagraph (A) in
order to use an acquisition strategy not described in paragraph
(1).
(C) Identification of the responsibilities of the military
departments and the elements of the Department of Defense in
carrying out such strategy.
(D) Projection of the demand by covered beneficiaries for
health care services, including with respect to primary care
and expanded-hours urgent care services.
(E) Estimation of the workload gaps at military medical
treatment facilities for health care services, including with
respect to primary care and expanded-hours urgent care
services.
(F) Methods to analyze, using reliable and detailed data
covering the entire direct care component of the military
health system, the amount of funds expended on contracts for
the services of health care professional staff.
(G) Methods to identify opportunities to consolidate
requirements for such services and reduce cost.
(H) Methods to measure cost savings that are realized by
using such contracts instead of purchased care.
(I) Metrics to determine the effectiveness of such
strategy.
(J) Metrics to evaluate the success of the strategy in
achieving its objectives, including metrics to assess the
effects of the strategy on the timeliness of beneficiary access
to professional health care services in military medical
treatment facilities.
(K) Such other matters as the Secretary considers
appropriate.
(b) Report.--Not later than July 1, 2017, the Secretary shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the status of implementing the
acquisition strategy under paragraph (1) of subsection (a), including
how each element under subparagraphs (A) through (K) of paragraph (2)
of such subsection is being carried out.
(c) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``State'' means the several States and the
District of Columbia.
(d) Conforming Repeal.--Section 725 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 1091 note) is repealed.
SEC. 728. ADOPTION OF CORE QUALITY PERFORMANCE METRICS.
(a) Adoption.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall adopt, to the
extent appropriate, the core quality performance metrics agreed
upon by the Core Quality Measures Collaborative for use by the
military health system and in contracts awarded to carry out the
TRICARE program.
(2) Core measures.--The core quality performance metrics
described in paragraph (1) shall include the following sets:
(A) Accountable care organizations, patient centered
medical homes, and primary care.
(B) Cardiology.
(C) Gastroenterology.
(D) HIV and hepatitis C.
(E) Medical oncology.
(F) Obstetrics and gynecology.
(G) Orthopedics.
(H) Such other sets of core quality performance metrics
released by the Core Quality Measures Collaborative as the
Secretary considers appropriate.
(b) Publication.--
(1) Online availability.--Section 1073b of title 10, United
States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``Not later than'' and all that follows
through ``2016, the Secretary'' and inserting ``The
Secretary''; and
(ii) by adding at the end the following new sentence:
``Such data shall include the core quality performance
metrics adopted by the Secretary under section 728 of the
National Defense Authorization Act for Fiscal Year 2017.'';
and
(B) in the section heading, by inserting ``and publication
of certain data'' after ``reports''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 55 of title 10, United States Code, is amended by
striking the item relating to section 1073b and inserting the
following:

``1073b. Recurring reports and publication of certain data.''.

(c) Definitions.--In this section:
(1) The term ``Core Quality Measures Collaborative'' means the
collaboration between the Centers for Medicare & Medicaid Services,
major health insurance companies, national physician organizations,
and other entities to reach consensus on core performance measures
reported by health care providers.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 729. IMPROVEMENT OF HEALTH OUTCOMES AND CONTROL OF COSTS OF
HEALTH CARE UNDER TRICARE PROGRAM THROUGH PROGRAMS TO INVOLVE
COVERED BENEFICIARIES.
(a) Medical Intervention Incentive Program.--
(1) In general.--The Secretary of Defense shall establish a
program to incentivize covered beneficiaries to participate in
medical intervention programs established by the Secretary, such as
comprehensive disease management programs, that may include
lowering fees for enrollment in the TRICARE program by a certain
percentage or lowering copayment and cost-share amounts for health
care services during a particular year for covered beneficiaries
with chronic diseases or conditions described in paragraph (2) who
met participation milestones, as determined by the Secretary, in
the previous year in such medical intervention programs.
(2) Chronic diseases or conditions described.--Chronic diseases
or conditions described in this paragraph may include diabetes,
chronic obstructive pulmonary disease, asthma, congestive heart
failure, hypertension, history of stroke, coronary artery disease,
mood disorders, obesity, and such other diseases or conditions as
the Secretary determines appropriate.
(b) Lifestyle Intervention Incentive Program.--The Secretary shall
establish a program to incentivize lifestyle interventions for covered
beneficiaries, such as smoking cessation and weight reduction, that may
include lowering fees for enrollment in the TRICARE program by a
certain percentage or lowering copayment and cost share amounts for
health care services during a particular year for covered beneficiaries
who met participation milestones, as determined by the Secretary, in
the previous year with respect to such lifestyle interventions, such as
quitting smoking or achieving a lower body mass index by a certain
percentage.
(c) Healthy Lifestyle Maintenance Incentive Program.--The Secretary
shall establish a program to incentivize the maintenance of a healthy
lifestyle among covered beneficiaries, such as exercise and weight
maintenance, that may include lowering fees for enrollment in the
TRICARE program by a certain percentage or lowering copayment and cost-
share amounts for health care services during a particular year for
covered beneficiaries who met participation milestones, as determined
by the Secretary, in the previous year with respect to the maintenance
of a healthy lifestyle, such as maintaining smoking cessation or
maintaining a normal body mass index.
(d) Report.--
(1) In general.--Not later than January 1, 2020, the Secretary
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the implementation of the
programs established under subsections (a), (b), and (c).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A detailed description of the programs implemented
under subsections (a), (b), and (c).
(B) An assessment of the impact of such programs on--
(i) improving health outcomes for covered
beneficiaries; and
(ii) lowering per capita health care costs for the
Department of Defense.
(e) Regulations.--Not later than January 1, 2018, the Secretary
shall prescribe an interim final rule to carry out this section.
(f) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 730. ACCOUNTABILITY FOR THE PERFORMANCE OF THE MILITARY HEALTH
SYSTEM OF CERTAIN LEADERS WITHIN THE SYSTEM.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments, shall incorporate
into the annual performance review of each military and civilian leader
in the military health system, as determined by the Secretary of
Defense, measures of accountability for the performance of the military
health system described in subsection (b).
(b) Measures of Accountability for Performance.--The measures of
accountability for the performance of the military health system
incorporated into the annual performance review of an individual
pursuant to this section shall include measures to assess performance
and assure accountability for the following:
(1) Quality of care.
(2) Access of beneficiaries to care.
(3) Improvement in health outcomes for beneficiaries.
(4) Patient safety.
(5) Such other matters as the Secretary of Defense, in
consultation with the Secretaries of the military departments,
considers appropriate.
(c) Report on Implementation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the incorporation of measures of
accountability for the performance of the military health system
into the annual performance reviews of individuals as required by
this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comprehensive plan for the use of measures of
accountability for performance in annual performance reviews
pursuant to this section as a means of assessing and assuring
accountability for the performance of the military health
system.
(B) The identification of each leadership position in the
military health system determined under subsection (a) and a
description of the specific measures of accountability for
performance to be incorporated into the annual performance
reviews of each such position pursuant to this section.
SEC. 731. ESTABLISHMENT OF ADVISORY COMMITTEES FOR MILITARY
TREATMENT FACILITIES.
(a) In General.--The Secretary of Defense shall establish, under
such regulations as the Secretary may prescribe, an advisory committee
for each military treatment facility.
(b) Status of Certain Members of Advisory Committees.--A member of
an advisory committee established under subsection (a) who is not a
member of the Armed Forces on active duty or an employee of the Federal
Government shall, with the approval of the commanding officer or
director of the military treatment facility concerned, be treated as a
volunteer under section 1588 of title 10, United States Code, in
carrying out the duties of the member under this section.
(c) Duties.--Each advisory committee established under subsection
(a) for a military treatment facility shall provide to the commanding
officer or director of such facility advice on the administration and
activities of such facility as it relates to the experience of care for
beneficiaries at such facility.

Subtitle D--Reports and Other Matters

SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND AND REPORT ON IMPLEMENTATION OF INFORMATION TECHNOLOGY
CAPABILITIES.
(a) In General.--Section 1704(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), as amended by section 722 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) and section 723 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92), is further
amended by striking ``September 30, 2017'' and inserting ``September
30, 2018''.
(b) Report on Implementation of Information Technology
Capabilities.--Not later than March 30, 2017, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on plans to implement all information
technology capabilities required by the executive agreement entered
into under section 1701(a) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567) that remain
unimplemented as of the date of the report.
SEC. 742. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN ASSISTANTS
TO PROVIDE MENTAL HEALTH CARE TO MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense may conduct a pilot
program to assess the feasibility and advisability of expanding the use
by the Department of Defense of physician assistants specializing in
psychiatric medicine at medical facilities of the Department of Defense
in order to meet the increasing demand for mental health care providers
at such facilities through the use of a psychiatry fellowship program
for physician assistants.
(b) Report on Pilot Program.--
(1) In general.--If the Secretary conducts the pilot program
under this section, not later than 90 days after the date on which
the Secretary completes the conduct of the pilot program, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot
program.
(2) Elements.--The report submitted under paragraph (1) shall
include the following:
(A) A description of the implementation of the pilot
program, including a detailed description of the education and
training provided under the pilot program.
(B) An assessment of potential cost savings, if any, to the
Department of Defense resulting from the pilot program.
(C) A description of improvements, if any, to the access of
members of the Armed Forces to mental health care resulting
from the pilot program.
(D) A recommendation as to the feasibility and advisability
of extending or expanding the pilot program.
SEC. 743. PILOT PROGRAM FOR PRESCRIPTION DRUG ACQUISITION COST
PARITY IN THE TRICARE PHARMACY BENEFITS PROGRAM.
(a) Authority to Establish Pilot Program.--The Secretary of Defense
may conduct a pilot program to evaluate whether, in carrying out the
TRICARE pharmacy benefits program under section 1074g of title 10,
United States Code, extending additional discounts for prescription
drugs filled at retail pharmacies will maintain or reduce prescription
drug costs for the Department of Defense.
(b) Elements of Pilot Program.--In carrying out the pilot program
under subsection (a), the Secretary shall require that for prescription
medications, including non-generic maintenance medications, that are
dispensed to TRICARE beneficiaries that are not Medicare eligible,
through any TRICARE participating retail pharmacy, including small
business pharmacies, manufacturers shall pay rebates such that those
medications are available to the Department at the lowest rate
available. In addition to utilizing the authority under section
1074g(f) of title 10, United States Code, the Secretary shall have the
authority to enter into a blanket purchase agreement with prescription
drug manufacturers for supplemental discounts for prescription drugs
dispensed in the pilot to be paid in the form of manufacturer's
rebates.
(c) Consultation.--The Secretary shall develop the pilot program in
consultation with--
(1) the Secretaries of the military departments;
(2) the Chief of the Pharmacy Operations Division of the
Defense Health Agency; and
(3) stakeholders, including TRICARE beneficiaries and retail
pharmacies.
(d) Duration of Pilot Program.--If the Secretary carries out the
pilot program under subsection (a), the Secretary shall commence such
pilot program no later than October 1, 2017, and shall terminate such
program no later than September 30, 2018.
(e) Reports.--If the Secretary carries out the pilot program under
subsection (a), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
reports on the pilot program as follows:
(1) Not later than 90 days after the date of the enactment of
this Act, a report containing an implementation plan for the pilot
program.
(2) Not later than 180 days after the date on which the pilot
program commences, an interim report on the pilot program.
(3) Not later than 90 days after the date on which the pilot
program terminates, a final report describing the results of the
pilot program, including--
(A) any recommendations of the Secretary to expand such
program;
(B) an analysis of the changes in prescription drug costs
for the Department of Defense relating to the pilot program;
(C) an analysis of the impact on beneficiary access to
prescription drugs;
(D) a survey of beneficiary satisfaction with the pilot
program; and
(E) a summary of any fraud and abuse activities related to
the pilot and actions taken in response by the Department.
SEC. 744. PILOT PROGRAM ON DISPLAY OF WAIT TIMES AT URGENT CARE
CLINICS AND PHARMACIES OF MILITARY MEDICAL TREATMENT FACILITIES.
(a) Pilot Program Authorized.--Beginning not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program for the display of wait times in urgent
care clinics and pharmacies of military medical treatment facilities
selected under subsection (b).
(b) Selection of Facilities.--
(1) Categories.--The Secretary shall select not fewer than four
military medical treatment facilities from each of the following
categories to participate in the pilot program:
(A) Medical centers.
(B) Hospitals.
(C) Ambulatory care centers.
(2) OCONUS locations.--Of the military medical treatment
facilities selected under each category described in subparagraphs
(A) through (C) of paragraph (1), not fewer than one shall be
located outside of the continental United States.
(3) Contractor-operated facilities.--The Secretary may select
Government-owned, contractor-operated facilities among those
military medical treatment facilities selected under paragraph (1).
(c) Urgent Care Clinics.--
(1) Placement.--With respect to each military medical treatment
facility participating in the pilot program with an urgent care
clinic, the Secretary shall place in a conspicuous location at the
urgent care clinic an electronic sign that displays the current
average wait time determined under paragraph (2) for a patient to
be seen by a qualified medical professional.
(2) Determination.--In carrying out paragraph (1), every 30
minutes, the Secretary shall determine the average wait time to
display under such paragraph by calculating, for the four-hour
period preceding the calculation, the average length of time
beginning at the time of the arrival of a patient at the urgent
care clinic and ending at the time at which the patient is first
seen by a qualified medical professional.
(d) Pharmacies.--
(1) Placement.--With respect to each military medical treatment
facility participating in the pilot program with a pharmacy, the
Secretary shall place in a conspicuous location at the pharmacy an
electronic sign that displays the current average wait time to
receive a filled prescription for a pharmaceutical agent.
(2) Determination.--In carrying out paragraph (1), every 30
minutes, the Secretary shall determine the average wait time to
display under such paragraph by calculating, for the four-hour
period preceding the calculation, the average length of time
beginning at the time of submission by a patient of a prescription
for a pharmaceutical agent and ending at the time at which the
pharmacy dispenses the pharmaceutical agent to the patient.
(e) Duration.--The Secretary shall carry out the pilot program for
a period that is not more than two years.
(f) Report.--
(1) Submission.--Not later than 90 days after the completion of
the pilot program, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report on the pilot program.
(2) Elements.--The report under paragraph (1) shall include--
(A) the costs for displaying the wait times under
subsections (c) and (d);
(B) any changes in patient satisfaction;
(C) any changes in patient behavior with respect to using
urgent care and pharmacy services;
(D) any changes in pharmacy operations and productivity;
(E) a cost-benefit analysis of posting such wait times; and
(F) the feasibility of expanding the posting of wait times
in emergency departments in military medical treatment
facilities.
(g) Qualified Medical Professional Defined.--In this section, the
term ``qualified medical professional'' means a doctor of medicine, a
doctor of osteopathy, a physician assistant, or an advanced registered
nurse practitioner.
SEC. 745. REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING PRACTICES
AT MILITARY TREATMENT FACILITIES OF PHARMACEUTICAL AGENTS FOR
TREATMENT OF POST-TRAUMATIC STRESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a comprehensive review of the prescribing practices
at military treatment facilities of pharmaceutical agents for the
treatment of post-traumatic stress;
(2) implement a process or processes to monitor the prescribing
practices at military treatment facilities of pharmaceutical agents
that are discouraged from use under the VA/DOD Clinical Practice
Guideline for Management of Post-Traumatic Stress; and
(3) implement a plan to address any deviations from such
guideline in prescribing practices of pharmaceutical agents for
management of post-traumatic stress at such facilities.
(b) Pharmaceutical Agent Defined.--In this section, the term
``pharmaceutical agent'' has the meaning given that term in section
1074g(g) of title 10, United States Code.
SEC. 746. DEPARTMENT OF DEFENSE STUDY ON PREVENTING THE DIVERSION
OF OPIOID MEDICATIONS.
(a) Study.--The Secretary of Defense shall conduct a study on the
feasibility and effectiveness in preventing the diversion of opioid
medications of the following measures:
(1) Requiring that, in appropriate cases, opioid medications be
dispensed in vials using affordable technologies designed to
prevent access to the medications by anyone other than the intended
patient, such as a vial with a locking-cap closure mechanism.
(2) Providing education on the risks of opioid medications to
individuals for whom such medications are prescribed, and to their
families, with special consideration given to raising awareness
among adolescents on such risks.
(b) Briefing.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the results of the study conducted
under subsection (a).
(2) Elements.--The briefing under paragraph (1) shall include
an assessment of the cost effectiveness of the measures studied
under subsection (a).
SEC. 747. INCORPORATION INTO SURVEY BY DEPARTMENT OF DEFENSE OF
QUESTIONS ON EXPERIENCES OF MEMBERS OF THE ARMED FORCES WITH
FAMILY PLANNING SERVICES AND COUNSELING.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall initiate action to integrate into the
Health Related Behavior Survey of Active Duty Military Personnel
questions designed to obtain information on the experiences of members
of the Armed Forces--
(1) in accessing family planning services and counseling; and
(2) in using family planning methods, including information on
which method was preferred and whether deployment conditions
affected the decision on which family planning method or methods to
be used.
SEC. 748. ASSESSMENT OF TRANSITION TO TRICARE PROGRAM BY FAMILIES
OF MEMBERS OF RESERVE COMPONENTS CALLED TO ACTIVE DUTY AND
ELIMINATION OF CERTAIN CHARGES FOR SUCH FAMILIES.
(a) Assessment of Transition to TRICARE Program.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall complete an
assessment of the extent to which families of members of the
reserve components of the Armed Forces serving on active duty
pursuant to a call or order to active duty for a period of more
than 30 days experience difficulties in transitioning from health
care arrangements relied upon when the member is not in such an
active duty status to health care benefits under the TRICARE
program.
(2) Elements.--The assessment under paragraph (1) shall address
the following:
(A) The extent to which family members of members of the
reserve components of the Armed Forces are required to change
health care providers when they become eligible for health care
benefits under the TRICARE program.
(B) The extent to which health care providers in the
private sector with whom such family members have established
relationships when not covered under the TRICARE program are
providers who--
(i) are in a preferred provider network under the
TRICARE program;
(ii) are participating providers under the TRICARE
program; or
(iii) will agree to treat covered beneficiaries at a
rate not to exceed 115 percent of the maximum allowable
charge under the TRICARE program.
(C) The extent to which such family members encounter
difficulties associated with a change in health care claims
administration, health care authorizations, or other
administrative matters when transitioning to health care
benefits under the TRICARE program.
(D) Any particular reasons for, or circumstances that
explain, the conditions described in subparagraphs (A), (B),
and (C).
(E) The effects of the conditions described in
subparagraphs (A), (B), and (C) on the health care experience
of such family members.
(F) Recommendations for changes in policies and procedures
under the TRICARE program, or other administrative action by
the Secretary, to remedy or mitigate difficulties faced by such
family members in transitioning to health care benefits under
the TRICARE program.
(G) Recommendations for legislative action to remedy or
mitigate such difficulties.
(H) Such other matters as the Secretary determines relevant
to the assessment.
(3) Report.--
(A) In general.--Not later than 180 days after completing
the assessment under paragraph (1), the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report detailing the results of the
assessment.
(B) Analysis of recommendations.--The report required by
subparagraph (A) shall include an analysis of each
recommendation for legislative action addressed under paragraph
(2)(G), together with a cost estimate for implementing each
such action.
(b) Expansion of Authority To Eliminate Balance Billing.--Section
1079(h)(4)(C)(ii) of title 10, United States Code, is amended by
striking ``in support of a contingency operation under a provision of
law referred to in section 101(a)(13)(B) of this title''.
(c) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meanings given those
terms in section 1072 of title 10, United States Code.
SEC. 749. OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS OF
MILITARY DEPARTMENTS.
(a) Process.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish and
implement a process to provide oversight of the graduate medical
education programs of the military departments to ensure that such
programs fully support the operational medical force readiness
requirements for health care providers of the Armed Forces and the
medical readiness of the Armed Forces. The process shall include the
following:
(1) A process to review such programs to ensure, to the extent
practicable, that such programs are--
(A) conducted jointly among the military departments; and
(B) focused on, and related to, operational medical force
readiness requirements.
(2) A process to minimize duplicative programs relating to such
programs among the military departments.
(3) A process to ensure that--
(A) assignments of faculty, support staff, and students
within such programs are coordinated among the military
departments; and
(B) the Secretary optimizes resources by using military
medical treatment facilities as training platforms when and
where most appropriate.
(4) A process to review and, if necessary, restructure or
realign, such programs to sustain and improve operational medical
force readiness.
(b) Report.--Not later than 30 days after the date on which the
Secretary establishes the process under subsection (a), the Secretary
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that describes such process. The
report shall include a description of each graduate medical education
program of the military departments, categorized by the following:
(1) Programs that provide direct support to operational medical
force readiness.
(2) Programs that provide indirect support to operational
medical force readiness.
(3) Academic programs that provide other medical support.
(c) Comptroller General Review and Report.--
(1) Review.--The Comptroller General of the United States shall
conduct a review of the process established under subsection (a),
including with respect to each process described in paragraphs (1)
through (4) of such subsection.
(2) Report.--Not later than 180 days after the date on which
the Secretary submits the report under subsection (b), the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives the review
conducted under paragraph (1), including an assessment of the
elements of the process established under subsection (a).
SEC. 750. STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PILOTS.
(a) Study Required.--The Secretary of Defense shall carry out a
study of career helicopter and tiltrotor pilots to assess potential
links between the operation of helicopter and tiltrotor aircraft and
acute and chronic medical conditions experienced by such pilots.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A study of career helicopter and tiltrotor pilots compared
to a control population that--
(A) takes into account the amount of time such pilots
operated aircraft;
(B) examines the severity and rates of acute and chronic
injuries experienced by such pilots; and
(C) determines whether such pilots experience a higher
degree of acute and chronic medical conditions than the control
population.
(2) If a higher degree of acute and chronic medical conditions
is observed among such pilots, an explanation of--
(A) the specific causes of the conditions (such as whole
body vibration, seat and cockpit ergonomics, landing loads,
hard impacts, and pilot-worn gear); and
(B) any costs associated with treating the conditions if
the causes are not mitigated.
(3) A review of relevant scientific literature and prior
research.
(4) Such other information as the Secretary determines to be
appropriate.
(c) Duration.--The duration of the study under subsection (a) shall
be not more than two years.
(d) Report.--Not later than 30 days after the completion of the
study under subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study.
SEC. 751. COMPTROLLER GENERAL REPORTS ON HEALTH CARE DELIVERY AND
WASTE IN MILITARY HEALTH SYSTEM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and not less frequently than once each year
thereafter for four years, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report assessing the delivery of health care
in the military health system, with an emphasis on identifying
potential waste and inefficiency.
(b) Elements.--
(1) In general.--The reports submitted under subsection (a)
shall, within the direct and purchased care components of the
military health system, evaluate the following:
(A) Processes for ensuring that health care providers
adhere to clinical practice guidelines.
(B) Processes for reporting and resolving adverse medical
events.
(C) Processes for ensuring program integrity by identifying
and resolving medical fraud and waste.
(D) Processes for coordinating care within and between the
direct and purchased care components of the military health
system.
(E) Procedures for administering the TRICARE program.
(F) Processes for assessing and overseeing the efficiency
of clinical operations of military hospitals and clinics,
including access to care for covered beneficiaries at such
facilities.
(2) Additional information.--The reports submitted under
subsection (a) may include, if the Comptroller General considers
feasible--
(A) an estimate of the costs to the Department of Defense
relating to any waste or inefficiency identified in the report;
and
(B) such recommendations for action by the Secretary of
Defense as the Comptroller General considers appropriate,
including eliminating waste and inefficiency in the direct and
purchased care components of the military health system.
(c) Definitions.--In this section, the terms ``covered
beneficiary'' and ``TRICARE program'' have the meaning given those
terms in section 1072 of title 10, United States Code.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Subtitle B--Department of Defense Acquisition Agility

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

Subtitle D--Provisions Relating to Major Defense Acquisition Programs

Subtitle E--Provisions Relating to Acquisition Workforce

Subtitle F--Provisions Relating to Commercial Items

Subtitle G--Industrial Base Matters

Subtitle H--Other Matters

Subtitle A--Acquisition Policy and Management

SEC. 801. RAPID ACQUISITION AUTHORITY AMENDMENTS.
Section 806 of the Bob Stump National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) developed or procured under the rapid fielding or rapid
prototyping acquisition pathways under section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92;
10 U.S.C. 2302 note); and'';
(2) in subsection (b), by adding at the end the following new
paragraph:
``(3) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note).''; and
(3) in subsection (c)--
(A) in paragraph (2)(A)--
(i) by striking ``Whenever the Secretary'' and
inserting ``(i) Except as provided under clause (ii),
whenever the Secretary''; and
(ii) by adding at the end the following new clause:
``(ii) Clause (i) does not apply to acquisitions initiated in
the case of a determination by the Secretary that funds are
necessary to immediately initiate a project under the rapid
fielding or rapid prototyping acquisition pathways under section
804 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note) if the designated 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, Logistics, and
Technology.--Section 3016(b)(5)(B) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``In the event
of a vacancy in the position of Assistant Secretary of the Army for
Acquisition, Logistics, and Technology, the Principal Military Deputy
may serve as Acting Assistant Secretary for a period of not more than
one year.''.
(b) Assistant Secretary of the Navy for Research, Development, and
Acquisition.--Section 5016(b)(4)(B) of such title is amended by adding
at the end the following new sentence: ``In the event of a vacancy in
the position of Assistant Secretary of the Navy for Research,
Development, and Acquisition, the Principal Military Deputy may serve
as Acting Assistant Secretary for a period of not more than one
year.''.
(c) Assistant Secretary of the Air Force for Acquisition.--Section
8016(b)(4)(B) of such title is amended by adding at the end the
following new sentence: ``In the event of a vacancy in the position of
Assistant Secretary of the Air Force for Acquisition, the Principal
Military Deputy may serve as Acting Assistant Secretary for a period of
not more than one year.''.
SEC. 803. MODERNIZATION OF SERVICES ACQUISITION.
(a) Review of Services Acquisition Categories.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall review and, if necessary, revise Department of Defense
Instruction 5000.74, dated January 5, 2016 (in this section referred to
as the ``Acquisition of Services Instruction''), and other guidance
pertaining to the acquisition of services. In conducting the review,
the Secretary shall examine--
(1) how the acquisition community should consider the changing
nature of the technology and professional services markets,
particularly the convergence of hardware and services; and
(2) the services acquisition portfolio groups referenced in the
Acquisition of Services Instruction and other guidance in order to
ensure the portfolio groups are fully reflective of changes to the
technology and professional services market.
(b) Guidance Regarding Training and Development of the Acquisition
Workforce.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue
guidance addressing the training and development of the Department
of Defense workforce engaged in the procurement of services,
including those personnel not designated as members of the
acquisition workforce.
(2) Identification of training and professional development
opportunities and alternatives.--The guidance required under
paragraph (1) shall identify training and professional development
opportunities and alternatives, not limited to existing Department
of Defense institutions, that focus on and provide relevant
training and professional development in commercial business models
and contracting.
(3) Treatment of training and professional development.--Any
training and professional development provided pursuant to this
subsection outside Department of Defense institutions shall be
deemed to be equivalent to similar training certified or provided
by the Defense Acquisition University.
SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS.
(a) Funds Available for Account.--Section 2216(b)(1) of title 10,
United States Code, is amended by striking ``commencing''.
(b) Transfers to Account.--Section 2216(c) of such title is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``or the Secretary of Defense with respect
to Defense-wide appropriations accounts'' and inserting ``, or
the Secretary of Defense with respect to Defense-wide
appropriations accounts,''; and
(B) by striking ``that Secretary'' and inserting ``the
Secretary concerned'';
(2) in paragraph (1)(B)--
(A) by inserting after ``following funds'' the following:
``that have been appropriated for fiscal years after fiscal
year 2016 and are'';
(B) in clause (i)--
(i) by striking ``for procurement'' and inserting ``for
new obligations'';
(ii) by striking ``a particular procurement'' and
inserting ``an acquisition program''; and
(iii) by striking ``that procurement'' and inserting
``that program'';
(C) by striking clause (ii); and
(D) by redesignating clause (iii) as clause (ii);
(3) in paragraph (2)--
(A) by striking ``, other than funds referred to in
subparagraph (B)(iii) of such paragraph,''; and
(B) by striking ``if--'' and all that follows through ``(B)
the balance of funds'' and inserting ``if the balance of
funds'';
(4) in paragraph (3)--
(A) by striking ``credited to'' both places it appears and
inserting ``deposited in''; and
(B) by inserting ``and obligation'' after ``available for
transfer''; and
(5) by striking paragraph (4).
(c) Authorized Use of Funds.--Section 2216(d) of such title is
amended--
(1) in paragraph (1)--
(A) by striking ``commencing''; and
(B) by striking ``Secretary of Defense'' and inserting
``Secretary concerned'';
(2) in paragraph (2), by striking ``a procurement program'' and
inserting ``an acquisition program'';
(3) by amending paragraph (3) to read as follows:
``(3) For research, development, test, and evaluation, for
procurement, and for sustainment activities necessary for paying
costs of unforeseen contingencies that are approved by the
milestone decision authority concerned, that could prevent an
ongoing acquisition program from meeting critical schedule or
performance requirements.''; and
(4) by inserting at the end the following new paragraph:
``(4) For paying costs of changes to program requirements or
system configuration that are approved by the configuration
steering board for a major defense acquisition program.''.
(d) Limitations.--Section 2216(e) of such title is amended--
(1) in paragraph (1), by striking ``procurement program'' both
places it appears and inserting ``acquisition program''; and
(2) in paragraph (2), by striking ``authorized appropriations''
and inserting ``authorized appropriations, unless the procedures
for initiating a new start program are complied with''.
(e) Transfer of Funds.--Section 2216(f)(1) of such title is amended
by striking ``Secretary of Defense'' and inserting ``Secretary of a
military department, or the Secretary of Defense with respect to
Defense-wide appropriations accounts,''.
(f) Availability of Funds by Appropriation.--Section 2216(g) of
such title is amended--
(1) by striking ``in accordance with the provisions of
appropriations Acts''; and
(2) by adding at the end the following: ``Funds deposited in
the Defense Modernization Account shall remain available for
obligation until the end of the third fiscal year that follows the
fiscal year in which the amounts are deposited in the account.''.
(g) Secretary to Act Through Comptroller.--Section 2216(h)(2) of
such title is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(2) by inserting before subparagraph (B), as so redesignated,
the following new subparagraph (A):
``(A) the establishment and management of subaccounts for
each of the military departments and Defense Agencies concerned
for the use of funds in the Defense Modernization Account,
consistent with each military department's or Defense Agency's
deposits in the Account;'';
(3) in subparagraph (C), as so redesignated, by inserting ``and
subaccounts'' after ``Account''; and
(4) in subparagraph (D), as so redesignated, by striking
``subsection (c)(1)(B)(iii)'' and inserting ``subsection
(c)(1)(B)(ii)''.
(h) Definitions.--Paragraph (1) of section 2216(i) of such title is
amended to read as follows:
``(1) The term `major defense acquisition program' has the
meaning given the term in section 2430(a) of this title.''.
(j) Expiration of Authority.--Section 2216(j)(1) of such title is
amended by striking ``terminates at the close of September 30, 2006''
and inserting ``terminates at the close of September 30, 2022''.

Subtitle B--Department of Defense Acquisition Agility

SEC. 805. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF MAJOR
WEAPON SYSTEMS.
(a) Modular Open System Approach.--
(1) In general.--Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 144A the
following new chapter:

``CHAPTER 144B--WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS

``Subchapter
Sec.
``I. Modular Open System Approach in Development of Weapon Systems 2446a

``II. Development, Prototyping, and Deployment of Weapon System
Components and Technology......................................... 2447a

``III. Cost, Schedule, and Performance of Major Defense
Acquisition Programs.............................................. 2448a

``SUBCHAPTER I--MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF WEAPON
SYSTEMS

``Sec.
``2446a. Requirement for modular open system approach in major defense
acquisition programs; definitions.
``2446b. Requirement to address modular open system approach in program
capabilities development and acquisition weapon system design.
``2446c. Requirements relating to availability of major system
interfaces and support for modular open system approach.

``Sec. 2446a. Requirement for modular open system approach in major
defense acquisition programs; definitions
``(a) Modular Open System Approach Requirement.--A major defense
acquisition program that receives Milestone A or Milestone B approval
after January 1, 2019, shall be designed and developed, to the maximum
extent practicable, with a modular open system approach to enable
incremental development and enhance competition, innovation, and
interoperability.
``(b) Definitions.--In this chapter:
``(1) The term `modular open system approach' means, with
respect to a major defense acquisition program, an integrated
business and technical strategy that--
``(A) employs a modular design that uses major system
interfaces between a major system platform and a major system
component, between major system components, or between major
system platforms;
``(B) is subjected to verification to ensure major system
interfaces comply with, if available and suitable, widely
supported and consensus-based standards;
``(C) uses a system architecture that allows severable
major system components at the appropriate level to be
incrementally added, removed, or replaced throughout the life
cycle of a major system platform to afford opportunities for
enhanced competition and innovation while yielding--
``(i) significant cost savings or avoidance;
``(ii) schedule reduction;
``(iii) opportunities for technical upgrades;
``(iv) increased interoperability, including system of
systems interoperability and mission integration; or
``(v) other benefits during the sustainment phase of a
major weapon system; and
``(D) complies with the technical data rights set forth in
section 2320 of this title.
``(2) The term `major system platform' means the highest level
structure of a major weapon system that is not physically mounted
or installed onto a higher level structure and on which a major
system component can be physically mounted or installed.
``(3) The term `major system component'--
``(A) means a high level subsystem or assembly, including
hardware, software, or an integrated assembly of both, that can
be mounted or installed on a major system platform through
well-defined major system interfaces; and
``(B) includes a subsystem or assembly that is likely to
have additional capability requirements, is likely to change
because of evolving technology or threat, is needed for
interoperability, facilitates incremental deployment of
capabilities, or is expected to be replaced by another major
system component.
``(4) The term `major system interface'--
``(A) means a shared boundary between a major system
platform and a major system component, between major system
components, or between major system platforms, defined by
various physical, logical, and functional characteristics, such
as electrical, mechanical, fluidic, optical, radio frequency,
data, networking, or software elements; and
``(B) is characterized clearly in terms of form, function,
and the content that flows across the interface in order to
enable technological innovation, incremental improvements,
integration, and interoperability.
``(5) The term `program capability document' means, with
respect to a major defense acquisition program, a document that
specifies capability requirements for the program, such as a
capability development document or a capability production
document.
``(6) The terms `program cost targets' and `fielding target'
have the meanings provided in section 2448a(a) of this title.
``(7) The term `major defense acquisition program' has the
meaning provided in section 2430 of this title.
``(8) The term `major weapon system' has the meaning provided
in section 2379(f) of this title.
``Sec. 2446b. Requirement to address modular open system approach in
program capabilities development and acquisition weapon system
design
``(a) Program Capability Document.--A program capability document
for a major defense acquisition program shall identify and
characterize--
``(1) the extent to which requirements for system performance
are likely to evolve during the life cycle of the system because of
evolving technology, threat, or interoperability needs; and
``(2) for requirements that are expected to evolve, the minimum
acceptable capability that is necessary for initial operating
capability of the major defense acquisition program.
``(b) Analysis of Alternatives.--The Director of Cost Assessment
and Performance Evaluation, in formulating study guidance for analyses
of alternatives for major defense acquisition programs and performing
such analyses under section 139a(d)(4) of this title, shall ensure that
any such analysis for a major defense acquisition program includes
consideration of evolutionary acquisition, prototyping, and a modular
open system approach.
``(c) Acquisition Strategy.--In the case of a major defense
acquisition program that uses a modular open system approach, the
acquisition strategy required under section 2431a of this title shall--
``(1) clearly describe the modular open system approach to be
used for the program;
``(2) differentiate between the major system platform and major
system components being developed under the program, as well as
major system components developed outside the program that will be
integrated into the major defense acquisition program;
``(3) clearly describe the evolution of major system components
that are anticipated to be added, removed, or replaced in
subsequent increments;
``(4) identify additional major system components that may be
added later in the life cycle of the major system platform;
``(5) clearly describe how intellectual property and related
issues, such as technical data deliverables, that are necessary to
support a modular open system approach, will be addressed; and
``(6) clearly describe the approach to systems integration and
systems-level configuration management to ensure mission and
information assurance.
``(d) Request for Proposals.--The milestone decision authority for
a major defense acquisition program that uses a modular open system
approach shall ensure that a request for proposals for the development
or production phases of the program shall describe the modular open
system approach and the minimum set of major system components that
must be included in the design of the major defense acquisition
program.
``(e) Milestone B.--A major defense acquisition program may not
receive Milestone B approval under section 2366b of this title until
the milestone decision authority determines in writing that--
``(1) in the case of a program that uses a modular open system
approach--
``(A) the program incorporates clearly defined major system
interfaces between the major system platform and major system
components, between major system components, and between major
system platforms;
``(B) such major system interfaces are consistent with the
widely supported and consensus-based standards that exist at
the time of the milestone decision, unless such standards are
unavailable or unsuitable for particular major system
interfaces; and
``(C) the Government has arranged to obtain appropriate and
necessary intellectual property rights with respect to such
major system interfaces upon completion of the development of
the major system platform; or
``(2) in the case of a program that does not use a modular open
system approach, that the use of a modular open system approach is
not practicable.
``Sec. 2446c. Requirements relating to availability of major system
interfaces and support for modular open system approach
``The Secretary of each military department shall--
``(1) coordinate with the other military departments, the
defense agencies, defense and other private sector entities,
national standards-setting organizations, and, when appropriate,
with elements of the intelligence community with respect to the
specification, identification, development, and maintenance of
major system interfaces and standards for use in major system
platforms, where practicable;
``(2) ensure that major system interfaces incorporate
commercial standards and other widely supported consensus-based
standards that are validated, published, and maintained by
recognized standards organizations to the maximum extent
practicable;
``(3) ensure that sufficient systems engineering and
development expertise and resources are available to support the
use of a modular open system approach in requirements development
and acquisition program planning;
``(4) ensure that necessary planning, programming, and
budgeting resources are provided to specify, identify, develop, and
sustain the modular open system approach, associated major system
interfaces, systems integration, and any additional program
activities necessary to sustain innovation and interoperability;
and
``(5) ensure that adequate training in the use of a modular
open system approach is provided to members of the requirements and
acquisition workforce.''.
(2) Clerical amendment.--The table of chapters for title 10,
United States Code, is amended by adding after the item relating to
chapter 144A the following new item:

``144B. Weapon Systems Development and Related Matters..........2446a''.

(3) Conforming amendment.--Section 2366b(a)(3) of such title is
amended--
(A) by striking ``and'' at the end of subparagraph (K); and
(B) by inserting after subparagraph (L) the following new
subparagraph:
``(M) the requirements of section 2446b(e) of this title
are met; and''.
(4) Effective date.--Subchapter I of chapter 144B of title 10,
United States Code, as added by paragraph (1), shall take effect on
January 1, 2017.
(b) Requirement to Include Modular Open System Approach in Selected
Acquisition Reports.--Section 2432(c)(1) of such title is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by redesignating subparagraph (G) as subparagraph (H); and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) for each major defense acquisition program that receives
Milestone B approval after January 1, 2019, a brief summary
description of the key elements of the modular open system approach
as defined in section 2446a of this title or, if a modular open
system approach was not used, the rationale for not using such an
approach; and''.
SEC. 806. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON SYSTEM
COMPONENTS OR TECHNOLOGY.
(a) Development, Prototyping, and Deployment of Weapon System
Components or Technology.--
(1) In general.--Chapter 144B of title 10, United States Code,
as added by section 805, is further amended by adding at the end
the following new subchapter:

``SUBCHAPTER II--DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON
SYSTEM COMPONENTS OR TECHNOLOGY

``Sec.
``2447a. Weapon system component or technology prototype projects:
display of budget information.
``2447b. Weapon system component or technology prototype projects:
oversight.
``2447c. Requirements and limitations for weapon system component or
technology prototype projects.
``2447d. Mechanisms to speed deployment of successful weapon system
component or technology prototypes.
``2447e. Definition of weapon system component.

``Sec. 2447a. Weapon system component or technology prototype projects:
display of budget information
``(a) Requirements for Budget Display.--In the defense budget
materials for any fiscal year after fiscal year 2017, the Secretary of
Defense shall, with respect to advanced component development and
prototype activities (within the research, development, test, and
evaluation budget), set forth the amounts requested for each of the
following:
``(1) Acquisition programs of record.
``(2) Development, prototyping, and experimentation of weapon
system components or other technologies, including those based on
commercial items and technologies, separate from acquisition
programs of record.
``(3) Other budget line items as determined by the Secretary of
Defense.
``(b) Additional Requirements.--For purposes of subsection (a)(2),
the amounts requested for development, prototyping, and experimentation
of weapon system components or other technologies shall be--
``(1) structured into either capability, weapon system
component, or technology portfolios that reflect the priority areas
for prototype projects; and
``(2) justified with general descriptions of the types of
capability areas and technologies being funded or expected to be
funded during the fiscal year concerned.
``(c) Definitions.--In this section, the terms `budget' and
`defense budget materials' have the meaning given those terms in
section 234 of this title.
``Sec. 2447b. Weapon system component or technology prototype projects:
oversight
``(a) Establishment.--The Secretary of each military department
shall establish an oversight board or identify a similar existing group
of senior advisors for managing prototype projects for weapon system
components and other technologies and subsystems, including the use of
funds for such projects, within the military department concerned.
``(b) Membership.--Each oversight board shall be comprised of
senior officials with--
``(1) expertise in requirements; research, development, test,
and evaluation; acquisition; sustainment; or other relevant areas
within the military department concerned;
``(2) awareness of technology development activities and
opportunities in the Department of Defense, industry, and other
sources; and
``(3) awareness of the component capability requirements of
major weapon systems, including scheduling and fielding goals for
such component capabilities.
``(c) Functions.--The functions of each oversight board are as
follows:
``(1) To issue a strategic plan every three years that
prioritizes the capability and weapon system component portfolio
areas for conducting prototype projects, based on assessments of--
``(A) high priority warfighter needs;
``(B) capability gaps or readiness issues with major weapon
systems;
``(C) opportunities to incrementally integrate new
components into major weapon systems based on commercial
technology or science and technology efforts that are expected
to be sufficiently mature to prototype within three years; and
``(D) opportunities to reduce operation and support costs
of major weapon systems.
``(2) To annually recommend funding levels for weapon system
component or technology development and prototype projects across
capability or weapon system component portfolios.
``(3) To annually recommend to the service acquisition
executive of the military department concerned specific weapon
system component or technology development and prototype projects,
subject to the requirements and limitations in section 2447c of
this title.
``(4) To ensure projects are managed by experts within the
Department of Defense who are knowledgeable in research,
development, test, and evaluation and who are aware of
opportunities for incremental deployment of component capabilities
and other technologies to major weapon systems or directly to
support warfighting capabilities.
``(5) To ensure projects are conducted in a manner that allows
for appropriate experimentation and technology risk.
``(6) To ensure projects have a plan for technology transition
of the prototype into a fielded system, program of record, or
operational use, as appropriate, upon successful achievement of
technical and project goals.
``(7) To ensure necessary technical, contracting, and financial
management resources are available to support each project.
``(8) To submit to the congressional defense committees a
semiannual notification that includes the following:
``(A) each weapon system component or technology prototype
project initiated during the preceding six months, including an
explanation of each project and its required funding.
``(B) the results achieved from weapon system component
prototype and technology projects completed and tested during
the preceding six months.
``Sec. 2447c. Requirements and limitations for weapon system component
or technology prototype projects
``(a) Limitation on Prototype Project Duration.--A prototype
project shall be completed within two years of its initiation.
``(b) Merit-based Selection Process.--A prototype project shall be
selected by the service acquisition executive of the military
department concerned through a merit-based selection process that
identifies the most promising, innovative, and cost-effective
prototypes that address one or more of the elements set forth in
subsection (c)(1) of section 2447b of this title and are expected to be
successfully demonstrated in a relevant environment.
``(c) Type of Transaction.--Prototype projects shall be funded
through contracts, cooperative agreements, or other transactions.
``(d) Funding Limit.--(1) Each prototype project may not exceed a
total amount of $10,000,000 (based on fiscal year 2017 constant
dollars), unless--
``(A) the Secretary of the military department, or the
Secretary's designee, approves a larger amount of funding for the
project, not to exceed $50,000,000; and
``(B) the Secretary, or the Secretary's designee, submits to
the congressional defense committees, within 30 days after approval
of such funding for the project, a notification that includes--
``(i) the project;
``(ii) expected funding for the project; and
``(iii) a statement of the anticipated outcome of the
project.
``(2) The Secretary of Defense may adjust the amounts (and the base
fiscal year) provided in paragraph (1) on the basis of Department of
Defense escalation rates.
``(e) Related Prototype Authorities.--Prototype projects that
exceed the duration and funding limits established in this section
shall be pursued under the rapid prototyping process established by
section 804 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note). In addition, nothing in
this subchapter shall affect the authority to carry out prototype
projects under section 2371b or any other section of this title related
to prototyping.
``Sec. 2447d. Mechanisms to speed deployment of successful weapon
system component or technology prototypes
``(a) Selection of Prototype Project for Production and Rapid
Fielding.--A weapon system component or technology prototype project
may be selected by the service acquisition executive of the military
department concerned for a follow-on production contract or other
transaction without the use of competitive procedures, notwithstanding
the requirements of section 2304 of this title, if--
``(1) the follow-on production project addresses a high
priority warfighter need or reduces the costs of a weapon system;
``(2) competitive procedures were used for the selection of
parties for participation in the original prototype project;
``(3) the participants in the original prototype project
successfully completed the requirements of the project; and
``(4) a prototype of the system to be procured was demonstrated
in a relevant environment.
``(b) Special Transfer Authority.--(1) The Secretary of a military
department may, as specified in advance by appropriations Acts,
transfer funds that remain available for obligation in procurement
appropriation accounts of the military department to fund the low-rate
initial production of the rapid fielding project until required funding
for full-rate production can be submitted and approved through the
regular budget process of the Department of Defense.
``(2) The funds transferred under this subsection to fund the low-
rate initial production of a rapid fielding project shall be for a
period not to exceed two years, the amount for such period may not
exceed $50,000,000, and the special transfer authority provided in this
subsection may not be used more than once to fund procurement of a
particular new or upgraded system.
``(3) The special transfer authority provided in this subsection is
in addition to any other transfer authority available to the Department
of Defense.
``(c) Notification to Congress.--Within 30 days after the service
acquisition executive of a military department selects a weapon system
component or technology project for a follow-on production contract or
other transaction, the service acquisition executive shall notify the
congressional defense committees of the selection and provide a brief
description of the rapid fielding project.
``Sec. 2447e. Definition of weapon system component
``In this subchapter, the term `weapon system component' has the
meaning given the term `major system component' in section 2446a of
this title.''.
(2) Effective date.--Subchapter II of chapter 144B of title 10,
United States Code, as added by paragraph (1), shall take effect on
January 1, 2017.
(b) Addition to Requirements Needed Before Milestone A Approval.--
Section 2366a(b) of such title is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following new
paragraph (8):
``(8) that, with respect to a program initiated after January
1, 2019, technology shall be developed in the program (after
Milestone A approval) only if the milestone decision authority
determines with a high degree of confidence that such development
will not delay the fielding target of the program, or, if the
milestone decision authority does not make such determination for a
major system component being developed under the program, the
milestone decision authority ensures that the technology related to
the major system component shall be sufficiently matured and
demonstrated in a relevant environment (after Milestone A approval)
separate from the program using the prototyping authorities in
subchapter II of chapter 144B of this title or other authorities,
as appropriate, and have an effective plan for adoption or
insertion by the relevant program; and''.
SEC. 807. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Cost, Schedule, and Performance of Major Defense Acquisition
Programs.--
(1) In general.--Chapter 144B of title 10, United States Code,
as added by section 805, is amended by adding at the end the
following new subchapter:

``SUBCHAPTER III--COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE
ACQUISITION PROGRAMS

``Sec.
``2448a. Program cost, fielding, and performance goals in planning major
defense acquisition programs.
``2448b. Independent technical risk assessments.

``Sec. 2448a. Program cost, fielding, and performance goals in planning
major defense acquisition programs
``(a) Program Cost and Fielding Targets.--(1) Before funds are
obligated for technology development, systems development, or
production of a major defense acquisition program, the Secretary of
Defense shall ensure, by establishing the goals described in paragraph
(2), that the milestone decision authority for the major defense
acquisition program approves a program that will--
``(A) be affordable;
``(B) incorporate program planning that anticipates the
evolution of capabilities to meet changing threats, technology
insertion, and interoperability; and
``(C) be fielded when needed.
``(2) The goals described in this paragraph are goals for--
``(A) the procurement unit cost and sustainment cost (referred
to in this section as the `program cost targets');
``(B) the date for initial operational capability (referred to
in this section as the `fielding target'); and
``(C) technology maturation, prototyping, and a modular open
system approach to evolve system capabilities and improve
interoperability.
``(b) Delegation.--The responsibilities of the Secretary of Defense
in subsection (a) may be delegated only to the Deputy Secretary of
Defense.
``(c) Definitions.--In this section:
``(1) The term `procurement unit cost' has the meaning provided
in section 2432(a)(2) of this title.
``(2) The term `initial capabilities document' has the meaning
provided in section 2366a(d)(2) of this title.
``Sec. 2448b. Independent technical risk assessments
``(a) In General.--With respect to a major defense acquisition
program, the Secretary of Defense shall ensure that an independent
technical risk assessment is conducted--
``(1) before any decision to grant Milestone A approval for the
program pursuant to section 2366a of this title, that identifies
critical technologies and manufacturing processes that need to be
matured; and
``(2) before any decision to grant Milestone B approval for the
program pursuant to section 2366b of this title, any decision to
enter into low-rate initial production or full-rate production, or
at any other time considered appropriate by the Secretary, that
includes the identification of any critical technologies or
manufacturing processes that have not been successfully
demonstrated in a relevant environment.
``(b) Categorization of Technical Risk Levels.--The Secretary shall
issue guidance and a framework for categorizing the degree of technical
and manufacturing risk in a major defense acquisition program.''.
(2) Effective date.--Subchapter III of chapter 144B of title
10, United States Code, as added by paragraph (1), shall apply with
respect to major defense acquisition programs that reach Milestone
A after October 1, 2017.
(b) Modification of Milestone Decision Authority.--Effective
January 1, 2017, subsection (d) of section 2430 of title 10, United
States Code, as added by section 825(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
907), is amended--
(1) in paragraph (2)(A), by inserting ``subject to paragraph
(5),'' before ``the Secretary determines''; and
(2) by adding at the end the following new paragraph:
``(5) The authority of the Secretary of Defense to designate an
alternative milestone decision authority for a program with respect to
which the Secretary determines that the program is addressing a joint
requirement, as set forth in paragraph (2)(A), shall apply only for a
major defense acquisition program that reaches Milestone A after
October 1, 2016, and before October 1, 2019.''.
(c) Adherence to Requirements in Major Defense Acquisition
Programs.--Section 2547 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Adherence to Requirements in Major Defense Acquisition
Programs.--The Secretary of the military department concerned shall
ensure that the program capability document supporting a Milestone B or
subsequent decision for a major defense acquisition program may not be
approved until the chief of the armed force concerned determines in
writing that the requirements in the document are necessary and
realistic in relation to the program cost and fielding targets
established under section 2448a(a) of this title.''; and
(3) by adding at the end of subsection (d), as so redesignated,
the following new paragraph:
``(3) The term `program capability document' has the meaning
provided in section 2446a(b)(5) of this title.''.
(d) Amendment Relating to Determination Required Before Milestone A
Approval.--Section 2366a(b)(4) of title 10, United States Code, is
amended by inserting after ``areas of risk'' the following: ``,
including risks determined by the identification of critical
technologies required under section 2448b(a)(1) of this title or any
other risk assessment''.
(e) Amendment Relating to Certification Required Before Milestone B
Approval.--Section 2366b(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``assessment by the Assistant
Secretary'' and all that follows through ``Test and Evaluation''
and inserting ``technical risk assessment conducted under section
2448b of this title''; and
(2) in paragraph (3), as amended by section 805(a)(3)(B)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by redesignating subparagraphs (D) through (M) as
subparagraphs (E) through (N), respectively; and
(C) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) the estimated procurement unit cost for the program
and the estimated date for initial operational capability for
the baseline description for the program (established under
section 2435) do not exceed the program cost and fielding
targets established under section 2448a(a) of this title, or,
if such estimated cost is higher than the program cost targets
or if such estimated date is later than the fielding target,
the program cost targets have been increased or the fielding
target has been delayed by the Secretary of Defense after a
request for such increase or delay by the milestone decision
authority;''.
SEC. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Milestone A Report.--
(1) In general.--Section 2366a(c) of title 10, United States
Code, is amended to read as follows:
``(c) Submissions to Congress on Milestone A.--
``(1) Brief summary report.--Not later than 15 days after
granting Milestone A approval for a major defense acquisition
program, the milestone decision authority for the program shall
provide to the congressional defense committees and, in the case of
intelligence or intelligence-related activities, the congressional
intelligence committees a brief summary report that contains the
following elements:
``(A) The program cost and fielding targets established by
the Secretary of Defense under section 2448a(a) of this title.
``(B) The estimated cost and schedule for the program
established by the military department concerned, including--
``(i) the dollar values estimated for the program
acquisition unit cost and total life-cycle cost; and
``(ii) the planned dates for each program milestone and
initial operational capability.
``(C) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this title, and
any independent estimated schedule for the program, including--
``(i) as assessment of the major contributors to the
program acquisition unit cost and total life-cycle cost;
and
``(ii) the planned dates for each program milestone and
initial operational capability.
``(D) A summary of the technical or manufacturing risks
associated with the program, as determined by the military
department concerned, including identification of any critical
technologies or manufacturing processes that need to be
matured.
``(E) A summary of the independent technical risk
assessment conducted or approved under section 2448b of this
title, including identification of any critical technologies or
manufacturing processes that need to be matured.
``(F) A summary of any sufficiency review conducted by the
Director of Cost Assessment and Program Evaluation of the
analysis of alternatives performed for the program (as referred
to in section 2366a(b)(6) of this title).
``(G) Any other information the milestone decision
authority considers relevant.
``(2) Additional information.--(A) At the request of any of the
congressional defense committees or, in the case of intelligence or
intelligence-related activities, the congressional intelligence
committees, the milestone decision authority shall submit to the
committee an explanation of the basis for a determination made
under subsection (b) with respect to a major defense acquisition
program, together with a copy of the written determination, or
further information or underlying documentation for the information
in a brief summary report submitted under paragraph (1), including
the independent cost and schedule estimates and the independent
technical risk assessments referred to in that paragraph.
``(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.''.
(2) Definitions.--Section 2366a(d) of such title is amended by
adding at the end the following new paragraphs:
``(8) The term `fielding target' has the meaning given that
term in section 2448a(a) of this title.
``(9) The term `major system component' has the meaning given
that term in section 2446a(b)(3) of this title.
``(10) The term `congressional intelligence committees' has the
meaning given that term in section 437(c) of this title.''.
(b) Milestone B Report.--
(1) In general.--Section 2366b(c) of title 10, United States
Code, is amended to read as follows:
``(c) Submissions to Congress on Milestone B.--
``(1) Brief summary report.--Not later than 15 days after
granting Milestone B approval for a major defense acquisition
program, the milestone decision authority for the program shall
provide to the congressional defense committees and, in the case of
intelligence or intelligence-related activities, the congressional
intelligence committees a brief summary report that contains the
following elements:
``(A) The program cost and fielding targets established by
the Secretary of Defense under section 2448a(a) of this title.
``(B) The estimated cost and schedule for the program
established by the military department concerned, including--
``(i) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and
total life-cycle cost; and
``(ii) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
``(C) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this title, and
any independent estimated schedule for the program, including--
``(i) the dollar values and ranges estimated for the
program acquisition unit cost, average procurement unit
cost, and total life-cycle cost; and
``(ii) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
``(D) A summary of the technical and manufacturing risks
associated with the program, as determined by the military
department concerned, including identification of any critical
technologies or manufacturing processes that have not been
successfully demonstrated in a relevant environment.
``(E) A summary of the independent technical risk
assessment conducted or approved under section 2448b of this
title, including identification of any critical technologies or
manufacturing processes that have not been successfully
demonstrated in a relevant environment.
``(F) A statement of whether a modular open system approach
is being used for the program.
``(G) Any other information the milestone decision
authority considers relevant.
``(2) Certifications and determinations.--(A) The
certifications and determination under subsection (a) with respect
to a major defense acquisition program shall be submitted to the
congressional defense committees with the first Selected
Acquisition Report submitted under section 2432 of this title after
completion of the certification.
``(B) The milestone decision authority shall retain records of
the basis for the certifications and determination under paragraphs
(1), (2), and (3) of subsection (a).
``(3) Additional information.--(A) At the request of any of the
congressional defense committees or, in the case of intelligence or
intelligence-related activities, the congressional intelligence
committees, the milestone decision authority shall submit to the
committee an explanation of the basis for the certifications and
determination under paragraphs (1), (2), and (3) of subsection (a)
with respect to a major defense acquisition program or further
information or underlying documentation for the information in a
brief summary report submitted under paragraph (1), including the
independent cost and schedule estimates and the independent
technical risk assessments referred to in that paragraph.
``(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.''.
(2) Definitions.--Section 2366b(g) of such title is amended by
adding at the end the following new paragraphs:
``(6) The term `fielding target' has the meaning given that
term in section 2448a(a) of this title.
``(7) The term `major system component' has the meaning given
that term in section 2446a(b)(3) of this title.
``(8) The term `congressional intelligence committees' has the
meaning given that term in section 437(c) of this title.''.
(c) Milestone C Report.--
(1) In general.--Chapter 139 of such title is amended by
inserting after section 2366b the following new section:
``Sec. 2366c. Major defense acquisition programs: submissions to
Congress on Milestone C
``(a) Brief Summary Report.--Not later than 15 days after granting
Milestone C approval for a major defense acquisition program, the
milestone decision authority for the program shall provide to the
congressional defense committees and, in the case of intelligence or
intelligence-related activities, the congressional intelligence
committees a brief summary report that contains the following:
``(1) The estimated cost and schedule for the program
established by the military department concerned, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and total
life-cycle cost; and
``(B) the planned dates for initial operational test and
evaluation and initial operational capability.
``(2) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this title, and any
independent estimated schedule for the program, including--
``(A) the dollar values estimated for the program
acquisition unit cost, average procurement unit cost, and total
life-cycle cost; and
``(B) the planned dates for initial operational test and
evaluation and initial operational capability.
``(3) A summary of any production, manufacturing, and fielding
risks associated with the program.
``(b) Additional Information.--At the request of any of the
congressional defense committees or, in the case of intelligence or
intelligence-related activities, the congressional intelligence
committees, the milestone decision authority shall submit to the
committee further information or underlying documentation for the
information in a brief summary report submitted under subsection (a),
including the independent cost and schedule estimates and the
independent technical risk assessments referred to in that subsection.
``(c) Congressional Intelligence Committees Defined.--In this
section, the term `congressional intelligence committees' has the
meaning given that term in section 437(c) of this title.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2366b the following new item:

``2366c. Major defense acquisition programs: submissions to Congress on
Milestone C.''.
SEC. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS.
(a) Rights Relating to Item or Process Developed Exclusively at
Private Expense.--Subsection (a)(2)(C)(iii) of section 2320 of title
10, United States Code, is amended by inserting after ``or process
data'' the following: ``, including such data pertaining to a major
system component''.
(b) Rights Relating to Interface or Major System Interface.--
Subsection (a)(2) of section 2320 of such title is further amended--
(1) by redesignating subparagraphs (F) and (G) as subparagraphs
(H) and (I), respectively;
(2) in subparagraph (B), by striking ``Except as provided in
subparagraphs (C) and (D),'' and inserting ``Except as provided in
subparagraphs (C), (D), and (G),'';
(3) in subparagraph (D)(i)(II), by striking ``is necessary''
and inserting ``is a release, disclosure, or use of technical data
pertaining to an interface between an item or process and other
items or processes necessary'';
(4) in subparagraph (E)--
(A) by striking ``In the case'' and inserting ``Except as
provided in subparagraphs (F) and (G), in the case''; and
(B) by striking ``negotiations). The United States shall
have'' and all that follows through ``such negotiated rights
shall'' and inserting the following: ``negotiations) and shall
be based on negotiations between the United States and the
contractor, except in any case in which the Secretary of
Defense determines, on the basis of criteria established in the
regulations, that negotiations would not be practicable. The
establishment of such rights shall''; and
(5) by inserting after subparagraph (E) the following new
subparagraphs (F) and (G):
``(F) Interfaces developed with mixed funding.--Notwithstanding
subparagraph (E), the United States shall have government purpose
rights in technical data pertaining to an interface between an item
or process and other items or processes that was developed in part
with Federal funds and in part at private expense, except in any
case in which the Secretary of Defense determines, on the basis of
criteria established in the regulations, that negotiation of
different rights in such technical data would be in the best
interest of the United States.
``(G) Major system interfaces developed exclusively at private
expense or with mixed funding.--Notwithstanding subparagraphs (B)
and (E), the United States shall have government purpose rights in
technical data pertaining to a major system interface developed
exclusively at private expense or in part with Federal funds and in
part at private expense and used in a modular open system approach
pursuant to section 2446a of this title, except in any case in
which the Secretary of Defense determines that negotiation of
different rights in such technical data would be in the best
interest of the United States. Such major system interface shall be
identified in the contract solicitation and the contract. For
technical data pertaining to a major system interface developed
exclusively at private expense for which the United States asserts
government purpose rights, the Secretary of Defense shall negotiate
with the contractor the appropriate and reasonable compensation for
such technical data.''.
(c) Amendment Relating to Deferred Ordering.--Subsection (b)(9) of
section 2320 of such title is amended--
(1) by striking ``at any time'' and inserting ``, until the
date occurring six years after acceptance of the last item (other
than technical data) under a contract or the date of contract
termination, whichever is later,'';
(2) by striking ``or utilized in the performance of a
contract'' and inserting ``in the performance of the contract'';
and
(3) by striking clause (ii) of subparagraph (B) and inserting
the following:
``(ii) is described in subparagraphs (D)(i)(II), (F),
and (G) of subsection (a)(2); and''.
(d) Definitions.--Section 2320 of such title is further amended--
(1) in subsection (f), by inserting ``Covered Government
Support Contractor Defined.--'' before ``In this section''; and
(2) by adding at the end the following new subsection:
``(g) Additional Definitions.--In this section, the terms `major
system component', `major system interface', and `modular open system
approach' have the meanings provided in section 2446a of this title.''.
(e) Amendments to Add Certain Headings for Readability.--Section
2320(a) of such title is further amended--
(1) in subparagraph (A) of paragraph (2), by inserting after
``(A)'' the following: ``Development exclusively with federal
funds.--'';
(2) in subparagraph (B) of such paragraph, by inserting after
``(B)'' the following: ``Development exclusively at private
expense.--'';
(3) in subparagraph (C) of such paragraph, by inserting after
``(C)'' the following: ``Exception to subparagraph (b).--'';
(4) in subparagraph (D) of such paragraph, by inserting after
``(D)'' the following: ``Exception to subparagraph (b).--''; and
(5) in subparagraph (E) of such paragraph, by inserting after
``(E)'' the following: ``Development with mixed funding.--''.
(f) Government-industry Advisory Panel Amendments.--Section 813(b)
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 892) is amended--
(1) by adding at the end of paragraph (1) the following: ``The
panel shall develop recommendations for changes to sections 2320
and 2321 of title 10, United States Code, and the regulations
implementing such sections.'';
(2) in paragraph (3)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) Ensuring that the Department of Defense and
Department of Defense contractors have the technical data
rights necessary to support the modular open system approach
requirement set forth in section 2446a of title 10, United
States Code, taking into consideration the distinct
characteristics of major system platforms, major system
interfaces, and major system components developed exclusively
with Federal funds, exclusively at private expense, and with a
combination of Federal funds and private expense.''; and
(3) by amending paragraph (4) to read as follows:
``(4) Final report.--Not later than February 1, 2017, the
advisory panel shall submit its final report and recommendations to
the Secretary of Defense and the congressional defense committees.
Not later than 60 days after receiving the report, the Secretary
shall submit any comments or recommendations to the congressional
defense committees.''.

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRACTUAL
ACTIONS.
Section 2326 of title 10, United States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(B) by inserting ``(1)'' before ``The head''; and
(C) by adding at the end the following new paragraph:
``(2) If a contractor submits a qualifying proposal to definitize
an undefinitized contractual action and the contracting officer for
such action definitizes the contract after the end of the 180-day
period beginning on the date on which the contractor submitted the
qualifying proposal, the head of the agency concerned shall ensure that
the profit allowed on the contract accurately reflects the cost risk of
the contractor as such risk existed on the date the contractor
submitted the qualifying proposal.'';
(2) by redesignating subsections (f) and (g) as subsections (h)
and (i), respectively;
(3) by inserting after subsection (e) the following new
subsections:
``(f) Time Limit.--No undefinitized contractual action may extend
beyond 90 days without a written determination by the Secretary of the
military department concerned, the head of the Defense Agency
concerned, the commander of the combatant command concerned, or the
Under Secretary of Defense for Acquisition, Technology, and Logistics
(as applicable) that it is in the best interests of the military
department, the Defense Agency, the combatant command, or the
Department of Defense, respectively, to continue the action.
``(g) Foreign Military Contracts.--(1) Except as provided in
paragraph (2), a contracting officer of the Department of Defense may
not enter into an undefinitized contractual action for a foreign
military sale unless the contractual action provides for agreement upon
contractual terms, specifications, and price by the end of the 180-day
period described in subsection (b)(1)(A).
``(2) The requirement under paragraph (1) may be waived in
accordance with subsection (b)(4).''; and
(4) in subsection (i), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (A), (B), and (C), respectively; and
(B) in paragraph (2), by striking ``complete and meaningful
audits'' and all that follows through the period and inserting
``a meaningful audit of the information contained in the
proposal.''.
SEC. 812. AMENDMENTS RELATING TO INVENTORY AND TRACKING OF
PURCHASES OF SERVICES.
(a) Increased Threshold.--Subsection (a) of section 2330a of title
10, United States Code, is amended by striking ``in excess of the
simplified acquisition threshold'' and inserting ``in excess of
$3,000,000''.
(b) Specification of Services.--Subsection (a) of such section is
further amended by striking the period at the end and inserting the
following: ``, for services in the following service acquisition
portfolio groups:
``(1) Logistics management services.
``(2) Equipment related services.
``(3) Knowledge-based services.
``(4) Electronics and communications services.''.
(c) Inventory Summary.--Subsection (c) of such section is amended--
(1) by striking ``(c) Inventory.--'' and inserting ``(c)
Inventory Summary.--''; and
(2) in paragraph (1), by striking ``submit to Congress an
annual inventory'' and all that follows through ``for or on
behalf'' and inserting ``prepare an annual inventory, and submit to
Congress a summary of the inventory, of activities performed during
the preceding fiscal year pursuant to staff augmentation contracts
on behalf''.
(d) Elimination of Certain Requirements.--Such section is further
amended--
(1) by striking subsections (d), (g), and (h); and
(2) by redesignating subsections (e), (f), (i), and (j) as
subsections (d), (e), (g), and (h), respectively.
(e) Specification of Services to Be Reviewed.--Subsection (d), as
so redesignated, of such section, is amended in paragraph (1) by
inserting after ``responsible'' the following: ``, with particular
focus and attention on the following categories of high-risk product
service codes (also referred to as Federal supply codes):
``(A) Special studies or analysis that is not research and
development.
``(B) Information technology and telecommunications.
``(C) Support, including professional, administrative, and
management.''.
(f) Comptroller General Report.--Such section is further amended by
inserting after subsection (e), as so redesignated, the following new
subsection (f):
``(f) Comptroller General Report.--Not later than March 31, 2018,
the Comptroller General of the United States shall submit to the
congressional defense committees a report on the status of the data
collection required in subsection (a) and an assessment of the efforts
by the Department of Defense to implement subsection (e).''.
(g) Definitions.--Subsection (h), as so redesignated, of such
section is amended by adding at the end the following new paragraphs:
``(6) The term `service acquisition portfolio groups' means the
groups identified in Department of Defense Instruction 5000.74,
Defense Acquisition of Services (January 5, 2016) or successor
guidance.
``(7) The term `staff augmentation contracts' means services
contracts for personnel who are physically present in a Government
work space on a full-time or permanent part-time basis, for the
purpose of advising on, providing support to, or assisting a
Government agency in the performance of the agency's missions,
including authorized personal services contracts (as that term is
defined in section 2330a(g)(5) of this title).''.
SEC. 813. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE
SELECTION PROCESS.
(a) Statement of Policy.--It shall be the policy of the Department
of Defense to avoid using lowest price technically acceptable source
selection criteria in circumstances that would deny the Department the
benefits of cost and technical tradeoffs in the source selection
process.
(b) Revision of Defense Federal Acquisition Regulation
Supplement.--Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall revise the Defense Federal
Acquisition Regulation Supplement to require that, for solicitations
issued on or after the date that is 120 days after the date of the
enactment of this Act, lowest price technically acceptable source
selection criteria are used only in situations in which--
(1) the Department of Defense is able to comprehensively and
clearly describe the minimum requirements expressed in terms of
performance objectives, measures, and standards that will be used
to determine acceptability of offers;
(2) the Department of Defense would realize no, or minimal,
value from a contract proposal exceeding the minimum technical or
performance requirements set forth in the request for proposal;
(3) the proposed technical approaches will require no, or
minimal, subjective judgment by the source selection authority as
to the desirability of one offeror's proposal versus a competing
proposal;
(4) the source selection authority has a high degree of
confidence that a review of technical proposals of offerors other
than the lowest bidder would not result in the identification of
factors that could provide value or benefit to the Department;
(5) the contracting officer has included a justification for
the use of a lowest price technically acceptable evaluation
methodology in the contract file; and
(6) the Department of Defense has determined that the lowest
price reflects full life-cycle costs, including for operations and
support.
(c) Avoidance of Use of Lowest Price Technically Acceptable Source
Selection Criteria in Certain Procurements.--To the maximum extent
practicable, the use of lowest price technically acceptable source
selection criteria shall be avoided in the case of a procurement that
is predominately for the acquisition of--
(1) information technology services, cybersecurity services,
systems engineering and technical assistance services, advanced
electronic testing, audit or audit readiness services, or other
knowledge-based professional services;
(2) personal protective equipment; or
(3) knowledge-based training or logistics services in
contingency operations or other operations outside the United
States, including in Afghanistan or Iraq.
(d) Reporting.--Not later than December 1, 2017, and annually
thereafter for three years, the Comptroller General of the United
States shall submit to the congressional defense committees a report on
the number of instances in which lowest price technically acceptable
source selection criteria is used for a contract exceeding $10,000,000,
including an explanation of how the situations listed in subsection (b)
were considered in making a determination to use lowest price
technically acceptable source selection criteria.
SEC. 814. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT.
(a) Limitation.--Not later than 90 days after the date of the
enactment of this Act, the Defense Federal Acquisition Regulation
Supplement shall be revised--
(1) to prohibit the use by the Department of Defense of reverse
auctions or lowest price technically acceptable contracting methods
for the procurement of personal protective equipment if the level
of quality or failure of the item could result in combat
casualties; and
(2) to establish a preference for the use of best value
contracting methods for the procurement of such equipment.
(b) Conforming Amendment.--Section 884 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
948; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 815. AMENDMENTS RELATED TO DETECTION AND AVOIDANCE OF
COUNTERFEIT ELECTRONIC PARTS.
Section 818 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112-81; 10 U.S.C. 2302 note) is amended--
(1) in paragraph (3) of subsection (c)--
(A) by striking the heading and inserting ``Suppliers
meeting anticounterfeiting requirements.--'';
(B) in subparagraph (A)(i), by striking ``trusted suppliers
in accordance with regulations issued pursuant to subparagraph
(C) or (D) who'' and inserting ``suppliers that meet
anticounterfeiting requirements in accordance with regulations
issued pursuant to subparagraph (C) or (D) and that'';
(C) in subparagraphs (A)(ii) and (A)(iii), by striking
``trusted suppliers'' each place it appears and inserting
``suppliers that meet anticounterfeiting requirements'';
(D) in subparagraph (C), by striking ``as trusted suppliers
those'' and inserting ``suppliers'';
(E) in subparagraph (D) in the matter preceding clause (i),
by striking ``trusted suppliers'' and inserting ``suppliers
that meet anticounterfeiting requirements''; and
(F) in subparagraphs (D)(i) and (D)(iii), by striking
``trusted'' each place it appears; and
(2) in subsection (e)(2)(A)(v), by striking ``use of trusted
suppliers'' and inserting ``the use of suppliers that meet
applicable anticounterfeiting requirements''.
SEC. 816. AMENDMENTS TO SPECIAL EMERGENCY PROCUREMENT AUTHORITY.
Section 1903(a) of title 41, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding after paragraph (2) the following new paragraphs:
``(3) in support of a request from the Secretary of State or
the Administrator of the United States Agency for International
Development to facilitate the provision of international disaster
assistance pursuant to chapter 9 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292 et seq.); or
``(4) in support of an emergency or major disaster (as those
terms are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)).''.
SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR FOOTWEAR
FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES UPON THEIR
INITIAL ENTRY INTO THE ARMED FORCES.
Section 418 of title 37, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) In the case of athletic footwear needed by members of the
Army, Navy, Air Force, or Marine Corps upon their initial entry into
the armed forces, the Secretary of Defense shall furnish such footwear
directly to the members instead of providing a cash allowance to the
members for the purchase of such footwear.
``(2) In procuring athletic footwear to comply with paragraph (1),
the Secretary of Defense shall--
``(A) procure athletic footwear that complies with the
requirements of section 2533a of title 10, without regard to the
applicability of any simplified acquisition threshold under chapter
137 of title 10 (or any other provision of law); and
``(B) procure additional athletic footwear, for two years
following the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017, that is necessary to
provide a member described in paragraph (1) with sufficient choices
in athletic shoes so as to minimize the incidence of athletic
injuries and potential unnecessary harm and risk to the safety and
well-being of members in initial entry training.
``(3) This subsection does not prohibit the provision of a cash
allowance to a member described in paragraph (1) for the purchase of
athletic footwear if such footwear--
``(A) is medically required to meet unique physiological needs
of the member; and
``(B) cannot be met with athletic footwear that complies with
the requirements of this subsection.''.
SEC. 818. EXTENSION OF AUTHORITY FOR ENHANCED TRANSFER OF
TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE LABORATORIES.
Section 801(e) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 804; 10 U.S.C. 2514 note) is
amended by striking ``2017'' and inserting ``2021''.
SEC. 819. MODIFIED NOTIFICATION REQUIREMENT FOR EXERCISE OF WAIVER
AUTHORITY TO ACQUIRE VITAL NATIONAL SECURITY CAPABILITIES.
Subsection (d) of section 806 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is
amended to read as follows:
``(d) Notification Requirement.--Not later than 10 days after
exercising the waiver authority under subsection (a), the Secretary of
Defense shall provide a written notification to Congress providing the
details of the waiver and the expected benefits it provides to the
Department of Defense.''.
SEC. 820. DEFENSE COST ACCOUNTING STANDARDS.
(a) Amendments to the Cost Accounting Standards Board.--
(1) In general.--Section 1501 of title 41, United States Code,
is amended--
(A) in subsection (b)(1)(B)(ii), by inserting ``and, if
possible, is a representative of a public accounting firm''
after ``systems'';
(B) by redesignating subsections (c) through (f) as
subsections (f) through (i), respectively;
(C) by inserting after subsection (b) the following new
subsections:
``(c) Duties.--The Board shall--
``(1) ensure that the cost accounting standards used by Federal
contractors rely, to the maximum extent practicable, on commercial
standards and accounting practices and systems;
``(2) within one year after the date of enactment of this
subsection, and on an ongoing basis thereafter, review any cost
accounting standards established under section 1502 of this title
and conform such standards, where practicable, to Generally
Accepted Accounting Principles; and
``(3) annually review disputes involving such standards brought
to the boards established in section 7105 of this title or Federal
courts, and consider whether greater clarity in such standards
could avoid such disputes.
``(d) Meetings.--The Board shall meet not less than once each
quarter and shall publish in the Federal Register notice of each
meeting and its agenda before such meeting is held.
``(e) Report.--The Board shall annually submit a report to the
congressional defense committees, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate describing the
actions taken during the prior year--
``(1) to conform the cost accounting standards established
under section 1502 of this title with Generally Accepted Accounting
Principles; and
``(2) to minimize the burden on contractors while protecting
the interests of the Federal Government.''; and
(D) by amending subsection (f) (as so redesignated) to read
as follows:
``(f) Senior Staff.--The Administrator, after consultation with the
Board--
``(1) without regard to the provisions of title 5 governing
appointments in the competitive service--
``(A) shall appoint an executive secretary; and
``(B) may appoint, or detail pursuant to section 3341 of
title 5, two additional staff members; and
``(2) may pay those employees without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5 relating
to classification and General Schedule pay rates, except that those
employees may not receive pay in excess of the maximum rate of
basic pay payable for level IV of the Executive Schedule.''.
(2) Value of contracts eligible for waiver.--Section
1502(b)(3)(A) of title 41, United States Code, is amended by
striking ``$15,000,000'' and inserting ``$100,000,000''.
(3) Conforming amendments.--Section 1501(i) of title 41, United
States Code (as redesignated by paragraph (1)), is amended--
(A) in paragraph (1), by striking ``subsection (e)(1)'' and
inserting ``subsection (h)(1)''; and
(B) in paragraph (3), by striking ``subsection (e)(2)'' and
inserting ``subsection (h)(2)''.
(b) Defense Cost Accounting Standards Board.--
(1) In general.--Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 190. Defense Cost Accounting Standards Board
``(a) Organization.--The Defense Cost Accounting Standards Board is
an independent board in the Office of the Secretary of Defense.
``(b) Membership.--(1) The Board consists of seven members. One
member is the Chief Financial Officer of the Department of Defense or a
designee of the Chief Financial Officer, who serves as Chairman. The
other six members, all of whom shall have experience in contract
pricing, finance, or cost accounting, are as follows:
``(A) Three representatives of the Department of Defense
appointed by the Secretary of Defense; and
``(B) Three individuals from the private sector, each of whom
is appointed by the Secretary of Defense, and--
``(i) one of whom is a representative of a nontraditional
defense contractor (as defined in section 2302(9) of this
title); and
``(ii) one of whom is a representative from a public
accounting firm.
``(2) A member appointed under paragraph (1)(A) may not continue to
serve after ceasing to be an officer or employee of the Department of
Defense.
``(c) Duties of the Chairman.--The Chief Financial Officer of the
Department of Defense, after consultation with the Defense Cost
Accounting Standards Board, shall prescribe rules and procedures
governing actions of the Board under this section.
``(d) Duties.--The Defense Cost Accounting Standards Board--
``(1) shall review cost accounting standards established under
section 1502 of title 41 and recommend changes to such cost
accounting standards to the Cost Accounting Standards Board
established under section 1501 of such title;
``(2) has exclusive authority, with respect to the Department
of Defense, to implement such cost accounting standards to achieve
uniformity and consistency in the standards governing measurement,
assignment, and allocation of costs to contracts with the
Department of Defense; and
``(3) shall develop standards to ensure that commercial
operations performed by Government employees at the Department of
Defense adhere to cost accounting standards (based on cost
accounting standards established under section 1502 of title 41 or
Generally Accepted Accounting Principles) that inform managerial
decisionmaking.
``(e) Compensation.--(1) Members of the Defense Cost Accounting
Standards Board who are officers or employees of the Department of
Defense shall not receive additional compensation for services but
shall continue to be compensated by the Department of Defense.
``(2) Each member of the Board appointed from the private sector
shall receive compensation at a rate not to exceed the daily equivalent
of the rate for level IV of the Executive Schedule for each day
(including travel time) in which the member is engaged in the actual
performance of duties vested in the Board.
``(3) While serving away from home or regular place of business,
Board members and other individuals serving on an intermittent basis
shall be allowed travel expenses in accordance with section 5703 of
title 5.
``(f) Auditing Requirements.--(1) Notwithstanding any other
provision of law, contractors with the Department of Defense may
present, and the Defense Contract Audit Agency shall accept without
performing additional audits, a summary of audit findings prepared by a
commercial auditor if--
``(A) the auditor previously performed an audit of the
allowability, measurement, assignment to accounting periods, and
allocation of indirect costs of the contractor; and
``(B) such audit was performed using relevant commercial
accounting standards (such as Generally Accepted Accounting
Principles) and relevant commercial auditing standards established
by the commercial auditing industry for the relevant accounting
period.
``(2) The Defense Contract Audit Agency may audit direct costs of
Department of Defense cost contracts and shall rely on commercial
audits of indirect costs without performing additional audits, except
that in the case of companies or business units that have a
predominance of cost-type contracts as a percentage of sales, the
Defense Contract Audit Agency may audit both direct and indirect
costs.''.
(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.''.

(c) Report.--Not later than December 31, 2019, the Comptroller
General of the United States shall submit to the congressional defense
committees a report on the adequacy of the method used by the Cost
Accounting Standards Board established under section 1501 of title 41,
United States Code, to apply cost accounting standards to indirect and
fixed price incentive contracts.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2018.
SEC. 821. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO
DEPARTMENT OF DEFENSE PROCUREMENTS.
(a) Increased Micro-purchase Threshold.--Chapter 137 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2338. Micro-purchase threshold
``Notwithstanding subsection (a) of section 1902 of title 41, the
micro-purchase threshold for the Department of Defense for purposes of
such section is $5,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``2338. Micro-purchase threshold.''.
SEC. 822. ENHANCED COMPETITION REQUIREMENTS.
Section 2306a of title 10, United States Code, is amended--
(1) in subsection (a)(1)(A), by inserting ``that is only
expected to receive one bid'' after ``entered into using procedures
other than sealed-bid procedures''; and
(2) in subsection (b)--
(A) in paragraph (1)(A)(i), by striking ``price
competition'' and inserting ``competition that results in at
least two or more responsive and viable competing bids''; and
(B) by adding at the end the following new paragraph:
``(6) Determination by prime contractor.--A prime contractor
required to submit certified cost or pricing data under subsection
(a) with respect to a prime contract shall be responsible for
determining whether a subcontract under such contract qualifies for
an exception under paragraph (1)(A) from such requirement.''.
SEC. 823. REVISION TO EFFECTIVE DATE OF SENIOR EXECUTIVE BENCHMARK
COMPENSATION FOR ALLOWABLE COST LIMITATIONS.
(a) Repeal of Retroactive Applicability.--Section 803(c) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended by striking
``amendments made by'' and all that follows and inserting ``amendments
made by this section shall apply with respect to costs of compensation
incurred after January 1, 2012, under contracts entered into on or
after December 31, 2011.''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect as of December 31, 2011, and shall apply as if included in the
National Defense Authorization Act for Fiscal Year 2012 as enacted.
SEC. 824. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOPMENT COSTS
ON CERTAIN CONTRACTS.
(a) Independent Research and Development Costs: Allowable Costs.--
(1) In general.--Section 2372 of title 10, United States Code,
is amended to read as follows:
``Sec. 2372. Independent research and development costs: allowable
costs
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations governing the payment by the Department of Defense of
expenses incurred by contractors for independent research and
development costs. Such regulations shall provide that expenses
incurred for independent research and development shall be reported
independently from other allowable indirect costs.
``(b) Costs Treated as Fair and Reasonable, and Allowable,
Expenses.--The regulations prescribed under subsection (a) shall
provide that independent research and development costs shall be
considered a fair and reasonable, and allowable, indirect expense on
Department of Defense contracts.
``(c) Additional Controls.--Subject to subsection (d), the
regulations prescribed under subsection (a) may include the following
provisions:
``(1) Controls on the reimbursement of costs to the contractor
for expenses incurred for independent research and development to
ensure that such costs were incurred for independent research and
development.
``(2) Implementation of regular methods for transmission--
``(A) from the Department of Defense to contractors, in a
reasonable manner, of timely and comprehensive information
regarding planned or expected needs of the Department of
Defense for future technology and advanced capability; and
``(B) from contractors to the Department of Defense, in a
reasonable manner, of information regarding progress by the
contractor on the independent research and development programs
of the contractor.
``(d) Limitations on Regulations.--Regulations prescribed under
subsection (a) may not include provisions that would infringe on the
independence of a contractor to choose which technologies to pursue in
its independent research and development program if the chief executive
officer of the contractor determines that expenditures will advance the
needs of the Department of Defense for future technology and advanced
capability as transmitted pursuant to subsection (c)(3)(A).
``(e) Effective Date.--The regulations prescribed under subsection
(a) shall apply to indirect costs incurred on or after October 1,
2017.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 139 is amended by striking the item relating to section
2372 and inserting the following new item:

``2372. Independent research and development costs: allowable costs''.

(b) Bid and Proposal Costs: Allowable Costs.--
(1) In general.--Chapter 139 of title 10, United States Code,
is amended by inserting after section 2372 the following new
section:
``Sec. 2372a. Bid and proposal costs: allowable costs
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations governing the payment by the Department of Defense of
expenses incurred by contractors for bid and proposal costs. Such
regulations shall provide that expenses incurred for bid and proposal
costs shall be reported independently from other allowable indirect
costs.
``(b) Costs Allowable as Indirect Expenses.--The regulations
prescribed under subsection (a) shall provide that bid and proposal
costs shall be allowable as indirect expenses on covered contracts, as
defined in section 2324(l) of this title, to the extent that those
costs are allocable, reasonable, and not otherwise unallowable by law
or under the Federal Acquisition Regulation.
``(c) Goal for Reimbursable Bid and Proposal Costs.--The Secretary
shall establish a goal each fiscal year limiting the amount of
reimbursable bid and proposal costs paid by the Department of Defense
to an amount equal to not more than one percent of the total aggregate
industry sales to the Department of Defense. To achieve such goal, the
Secretary may not limit the payment of allowable bid and proposal costs
for the covered year.
``(d) Panel.--(1) If the Department of Defense exceeds the goal
established under subsection (c) for a fiscal year, within 180 days
after exceeding the goal, the Secretary shall establish an advisory
panel. The panel shall be supported by the Defense Acquisition
University and the National Defense University, including
administrative support.
``(2) The panel shall be composed of nine individuals who are
recognized experts in acquisition and procurement policy appointed by
the Secretary. In making such appointments, the Secretary shall ensure
that the members of the panel reflect diverse experiences in the public
and private sector.
``(3) The panel shall review laws, regulations, and practices that
contribute to the expenses incurred by contractors for bids and
proposals in the fiscal year concerned and recommend changes to such
laws, regulations, and practices that may reduce expenses incurred by
contractors for bids and proposals.
``(4)(A) Not later than six months after the establishment of the
panel, the panel shall submit to the Secretary and the congressional
defense committees an interim report on the findings of the panel.
``(B) Not later than one year after the establishment of the
panel, the panel shall submit to the Secretary and the
congressional defense committees a final report on the findings of
the panel.
``(5) The panel shall terminate on the day the panel submits the
final report under paragraph (4)(B).
``(6) The Secretary of Defense may use amounts available in the
Department of Defense Acquisition Workforce Development Fund
established under section 1705 of this title to support the activities
of the panel established under this subsection.
``(e) Effective Date.--The regulations prescribed under subsection
(a) shall apply to indirect costs incurred on or after October 1,
2017.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 139 of such title is amended by inserting the following
new item:

``2372a. Bid and proposal costs: allowable costs''.

(c) Report on Elements Contributing to Expenses Incurred by
Contractors for Bids and Proposals.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with an independent entity to study the laws, regulations,
and practices relating to expenses incurred by contractors for bids
and proposals.
(2) Report.--Not later than 180 days after receipt of the
contract required by paragraph (1), the independent entity shall
submit to the Department of Defense and the congressional defense
committees a report on the laws, regulations, or practices relating
to expenses incurred by contractors for bids and recommendations
for changes to such laws, regulations, or practices that may reduce
expenses incurred by contractors for bids and proposals.
(d) Defense Contract Audit Agency: Annual Report.--
(1) In general.--Subsection (a) of section 2313a of title 10,
United States Code, is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively; and
(B) by inserting after paragraph (3) the following new
paragraphs:
``(3) a summary, set forth separately by dollar amount and
percentage, of indirect costs for independent research and
development incurred by contractors in the previous fiscal year;
``(4) a summary, set forth separately by dollar amount and
percentage, of indirect costs for bid and proposal costs incurred
by contractors in the previous fiscal year;''.
(2) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2018.
SEC. 825. EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE TO THE
GOVERNMENT AS A FACTOR IN THE EVALUATION OF PROPOSALS FOR CERTAIN
MULTIPLE-AWARD TASK OR DELIVERY ORDER CONTRACTS.
(a) Exception to Requirement to Include Cost or Price as Factor.--
Section 2305(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``(except as provided in
subparagraph (C))'' after ``shall''; and
(B) in clause (ii), by inserting ``(except as provided in
subparagraph (C))'' after ``shall''; and
(2) by adding at the end the following new subparagraphs:
``(C) If the head of an agency issues a solicitation for
multiple task or delivery order contracts under section
2304a(d)(1)(B) of this title for the same or similar services and
intends to make a contract award to each qualifying offeror--
``(i) cost or price to the Federal Government need not, at
the Government's discretion, be considered under clause (ii) of
subparagraph (A) as an evaluation factor for the contract
award; and
``(ii) if, pursuant to clause (i), cost or price to the
Federal Government is not considered as an evaluation factor
for the contract award--
``(I) the disclosure requirement of clause (iii) of
subparagraph (A) shall not apply; and
``(II) cost or price to the Federal Government shall be
considered in conjunction with the issuance pursuant to
section 2304c(b) of this title of a task or delivery order
under any contract resulting from the solicitation.
``(D) In subparagraph (C), the term `qualifying offeror' means
an offeror that--
``(i) is determined to be a responsible source;
``(ii) submits a proposal that conforms to the requirements
of the solicitation; and
``(iii) the contracting officer has no reason to believe
would likely offer other than fair and reasonable pricing.
``(E) Subparagraph (C) shall not apply to multiple task or
delivery order contracts if the solicitation provides for sole
source task or delivery order contracts pursuant to section 8(a) of
the Small Business Act (15 U.S.C. 637(a)).''.
(b) Amendment to Procedures Relating to Orders Under Multiple-award
Contracts.--Section 2304c(b) of title 10, United States Code, is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) the task or delivery order satisfies one of the
exceptions in section 2304(c) of this title to the requirement to
use competitive procedures.''.
SEC. 826. EXTENSION OF PROGRAM FOR COMPREHENSIVE SMALL BUSINESS
CONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2027''.
SEC. 827. TREATMENT OF SIDE-BY-SIDE TESTING OF CERTAIN EQUIPMENT,
MUNITIONS, AND TECHNOLOGIES MANUFACTURED AND DEVELOPED UNDER
COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS AS USE OF
COMPETITIVE PROCEDURES.
Section 2350a(g) of title 10, United States Code, is amended by
inserting after paragraph (2) the following new paragraph:
``(3) The use of side-by-side testing under this subsection may be
considered to be the use of competitive procedures for purposes of
chapter 137 of this title, when procuring items within 5 years after an
initial determination that the items have been successfully tested and
found to satisfy United States military requirements or to correct
operational deficiencies.''.
SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMENDMENTS.
(a) Expansion of Scope To Include Systems-of-systems and
Functions.--Paragraph (2) of subsection (a) of section 2359b of title
10, United States Code, is amended by striking ``or system'' and all
that follows through the end of the paragraph and inserting the
following: ``system, or system-of-systems level of an existing
Department of Defense acquisition program, or to address any broader
functional challenge to Department of Defense missions that may not
fall within an acquisition program, that would result in improvements
in performance, affordability, manufacturability, or operational
capability of that acquisition program or function.''.
(b) Treatment of Challenge Proposal Procedures as Use of
Competitive Procedures.--Such section is further amended--
(1) by redesignating subsections (j) and (k) as subsections (k)
and (l), respectively; and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Treatment of Use of Certain Procedures as Use of Competitive
Procedures.--The use of general solicitation competitive procedures
established under subsection (c) shall be considered to be the use of
competitive procedures for purposes of chapter 137 of this title.''.
(c) Extension of Sunset for Pilot Program for Programs Other Than
Major Defense Acquisition Programs.--Such section is further amended in
paragraph (5) of subsection (l), as redesignated by subsection (b)(1)
of this subsection, by striking ``2016'' and inserting ``2021''.
(d) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)(3), by inserting ``or functions'' after
``acquisition programs'';
(2) in subsection (c)(4)(A)--
(A) by striking ``and'' at the end of clause (i);
(B) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) any functional challenges of importance to Department
of Defense missions.'';
(3) in subsection (c)(5), by adding at the end the following
new subparagraph:
``(D) Whether the challenge proposal is likely to result in
improvements to any functional challenges of importance to
Department of Defense missions, and whether the proposal could
be implemented rapidly, at an acceptable cost, and without
unacceptable disruption to such missions.''; and
(4) in subsection (c)(5)(B) and in subsection (e)(1), by
striking ``or system'' and inserting ``system, or system-of-
systems''.
SEC. 829. 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 the service
acquisition executive of the military department concerned, the
head of the Defense Agency concerned, the commander of the
combatant command concerned, or the Under Secretary of Defense for
Acquisition, Technology, and Logistics (as applicable).
(2) Covered contracts.--A contract described in this paragraph
is--
(A) a cost-type contract in excess of $50,000,000, in the
case of a contract entered into on or after October 1, 2018,
and before October 1, 2019; and
(B) a cost-type contract in excess of $25,000,000, in the
case of a contract entered into on or after October 1, 2019.
SEC. 830. REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR FOREIGN
MILITARY SALES.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations to require the use of firm fixed-price contracts for
foreign military sales.
(b) Exceptions.--The regulations prescribed pursuant to subsection
(a) shall include exceptions that may be exercised if the foreign
country that is the counterparty to a foreign military sale--
(1) has established in writing a preference for a different
contract type; or
(2) requests in writing that a different contract type be used
for a specific foreign military sale.
(c) Waiver Authority.--The regulations prescribed pursuant to
subsection (a) shall include a waiver that may be exercised by the
Secretary of Defense or his designee if the Secretary or his designee
determines on a case-by-case basis that a different contract type is in
the best interest of the United States and American taxpayers.
(d) Pilot Program for Acceleration of Foreign Military Sales.--
(1) In general.--The Secretary of Defense shall establish a
pilot program to reform and accelerate the contracting and pricing
processes associated with full rate production of major weapon
systems for no more than 10 foreign military sales contracts by--
(A) basing price reasonableness determinations on actual
cost and pricing data for purchases of the same product for the
Department of Defense; and
(B) reducing the cost and pricing data to be submitted in
accordance with section 2306a of title 10, United States Code.
(2) Expiration of authority.--Authority for the pilot program
under this subsection expires on January 1, 2020.
SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAYMENTS.
(a) In General.--Section 2307(b) of title 10, United States Code,
is amended--
(1) in the subsection heading, by inserting ``Preference for''
before ``Performance-based'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(3) by striking ``Wherever practicable, payment under
subsection (a) shall be made'' and inserting ``(1) Whenever
practicable, payments under subsection (a) shall be made using
performance-based payments''; and
(4) by adding at the end the following new paragraphs:
``(2) Performance-based payments shall not be conditioned upon
costs incurred in contract performance but on the achievement of
performance outcomes listed in paragraph (1).
``(3) The Secretary of Defense shall ensure that nontraditional
defense contractors and other private sector companies are eligible for
performance-based payments, consistent with best commercial practices.
``(4)(A) In order to receive performance-based payments, a
contractor's accounting system shall be in compliance with Generally
Accepted Accounting Principles, and there shall be no requirement for a
contractor to develop Government-unique accounting systems or practices
as a prerequisite for agreeing to receive performance-based payments.
``(B) Nothing in this section shall be construed to grant the
Defense Contract Audit Agency the authority to audit compliance with
Generally Accepted Accounting Principles.''.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Federal Acquisition Regulation Supplement to
conform with section 2307(b) of title 10, United States Code, as
amended by subsection (a).
SEC. 832. CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS AND IMPROVE
MISSION PERFORMANCE.
Not later than 180 days after the date of the enactment of this
Act, the Defense Acquisition University shall develop and implement a
training program for Department of Defense acquisition personnel on
fixed-priced incentive fee contracts, public-private partnerships,
performance-based contracting, and other authorities in law and
regulation designed to give incentives to contractors to achieve long-
term savings and improve administrative practices and mission
performance.
SEC. 833. SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVISIONS.
(a) Sunsets.--
(1) Plantations and farms: operation, maintenance, and
improvement.--Section 2421 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Sunset.--The authority under this section shall terminate on
September 30, 2018.''.
(2) Requirement to establish cost, performance, and schedule
goals for major defense acquisition programs and each phase of
related acquisition cycles.--Section 2220 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(c) Sunset.--The authority under this section shall terminate on
September 30, 2018.''.
(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 ``the investment unit cost
threshold in effect under section 2245a of this title'' and
inserting ``$250,000''.
(2) Information technology purchases: tracking and
management.--
(A) In general.--Section 2225 of title 10, United States
Code, is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by striking
the item relating to section 2225.
(C) Conforming amendments.--
(i) Section 812 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-393;
114 Stat. 1654A-213; 10 U.S.C. 2225 note) is amended by
striking subsections (b) and (c).
(ii) Section 2330a(j) of title 10, United States Code,
is amended--

(I) by striking paragraph (2);
(II) by redesignating paragraphs (3), (4), and (5)
as paragraphs (2), (3), and (4), respectively; and
(III) by adding at the end the following new
paragraphs:

``(5) Simplified acquisition threshold.--The term `simplified
acquisition threshold' has the meaning given the term in section
134 of title 41.
``(6) Small business act definitions.--
``(A) The term `small business concern' has the meaning
given such term under section 3 of the Small Business Act (15
U.S.C. 632).
``(B) The terms `small business concern owned and
controlled by socially and economically disadvantaged
individuals' and `small business concern owned and controlled
by women' have the meanings given such terms, respectively, in
section 8(d)(3) of the Small Business Act (15 U.S.C.
637(d)(3)).''.
(iii) Section 222(d) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
10 U.S.C. 2358 note) is amended by striking ``as defined in
section 2225(f)(3)'' and inserting ``as defined in section
2330a(j)''.
(3) Procurement of copier paper containing specified
percentages of post-consumer recycled content.--
(A) In general.--Section 2378 of title 10, United States
Code, is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 140 of such title 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) Section 2302c of title 10, United States Code, is
repealed.
(ii) Section 2301 of title 41, United States Code, is
amended by adding at the end the following new subsection:
``(f) Inapplicability to Department of Defense.--In this section,
the term `executive agency' does not include the Department of
Defense.''.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by striking
the item relating to section 2302c.
SEC. 834. FLEXIBILITY IN CONTRACTING AWARD PROGRAM.
(a) Establishment of Award Program.--The Secretary of Defense shall
create an award to recognize those acquisition programs and
professionals that make the best use of the flexibilities and
authorities granted by the Federal Acquisition Regulation and
Department of Defense Instruction 5000.02 (Operation of the Defense
Acquisition System).
(b) Purpose of Award.--The award established under subsection (a)
shall recognize outstanding performers whose approach to program
management emphasizes innovation and local adaptation, including the
use of--
(1) simplified acquisition procedures;
(2) inherent flexibilities within the Federal Acquisition
Regulation;
(3) commercial contracting approaches;
(4) public-private partnership agreements and practices;
(5) cost-sharing arrangements;
(6) innovative contractor incentive practices; and
(7) other innovative implementations of acquisition
flexibilities.
SEC. 835. PROTECTION OF TASK ORDER COMPETITION.
(a) Amendment to Value of Authorized Task Order Protests.--Section
2304c(e)(1)(B) of title 10, United States Code, is amended by striking
``$10,000,000'' and inserting ``$25,000,000''.
(b) Repeal of Effective Date.--Section 4106(f) of title 41, United
States Code, is amended by striking paragraph (3).
SEC. 836. CONTRACT CLOSEOUT AUTHORITY.
(a) Authority.--The Secretary of Defense may close out a contract
or group of contracts as described in subsection (b) through the
issuance of one or more modifications to such contracts without
completing a reconciliation audit or other corrective action. To
accomplish closeout of such contracts--
(1) remaining contract balances may be offset with balances in
other contract line items within a contract regardless of the year
or type of appropriation obligated to fund each contract line item
and regardless of whether the appropriation for such contract line
item has closed; and
(2) remaining contract balances may be offset with balances on
other contracts regardless of the year or type of appropriation
obligated to fund each contract and regardless of whether the
appropriation has closed.
(b) Covered Contracts.--This section covers any contract or group
of contracts between the Department of Defense and a defense
contractor, each one of which--
(1) was entered into prior to fiscal year 2000;
(2) has no further supplies or services deliverables due under
the terms and conditions of the contract; and
(3) is determined by the Secretary of Defense to be not
otherwise reconcilable because--
(A) the records have been destroyed or lost; or
(B) the records are available but the Secretary of Defense
has determined that the time or effort required to determine
the exact amount owed to the United States Government or amount
owed to the contractor is disproportionate to the amount at
issue.
(c) Negotiated Settlement Authority.--Any contract or group of
contracts covered by this section may be closed out through a
negotiated settlement with the contractor.
(d) Waiver Authority.--
(1) In general.--The Secretary of Defense is authorized to
waive any provision of acquisition law or regulation to carry out
the authority under subsection (a).
(2) Notification requirement.--The Secretary of Defense shall
notify the congressional defense committees not later than 10 days
after exercising the authority under subsection (d). The notice
shall include an identification of each provision of law or
regulation waived.
(e) Adjustment and Closure of Records.--After closeout of any
contract described in subsection (b) using the authority under this
section, the payment or accounting offices concerned may adjust and
close any open finance and accounting records relating to the contract.
(f) No Liability.--No liability shall attach to any accounting,
certifying, or payment official, or any contracting officer, for any
adjustments or closeout made pursuant to the authority under this
section.
(g) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of the authority under this section.
SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS.
(a) Authority.--The Secretary of the Navy may close out contracts
described in subsection (b) through the issuance of one or more
modifications to such contracts without completing further
reconciliation audits or corrective actions other than those described
in this section. To accomplish closeout of such contracts--
(1) remaining contract balances may be offset with balances in
other contract line items within a contract regardless of the year
or type of appropriation obligated to fund each contract line item
and regardless of whether the appropriation for such contract line
item has closed; and
(2) remaining contract balances may be offset with balances on
other contracts regardless of the year or type of appropriation
obligated to fund each contract and regardless of whether the
appropriation has closed.
(b) Contracts Covered.--The contracts covered by this section are a
group of contracts that are with one contractor and identified by the
Secretary, each one of which is a contract--
(1) to design, construct, repair, or support the construction
or repair of Navy submarines that--
(A) was entered into between fiscal years 1974 and 1998;
and
(B) has no further supply or services deliverables due
under the terms and conditions of the contract;
(2) with respect to which the Secretary of the Navy has
established the total final contract value; and
(3) with respect to which the Secretary of the Navy has
determined that the final allowable cost may have a negative or
positive unliquidated obligation balance for which it would be
difficult to determine the year or type of appropriation because--
(A) the records for the contract have been destroyed or
lost; or
(B) the records for the contract are available but the
contracting officer, in collaboration with the certifying
official, has determined that a discrepancy is of such a
minimal value that the time and effort required to determine
the cause of an out-of-balance condition is disproportionate to
the amount of the discrepancy.
(c) Closeout Terms.--The contracts described in subsection (b) may
be closed out--
(1) upon receipt of $581,803 from the contractor to be
deposited into the Treasury as miscellaneous receipts;
(2) without seeking further amounts from the contractor; and
(3) without payment to the contractor of any amounts that may
be due under any such contracts.
(d) Waiver Authority.--
(1) In general.--The Secretary of the Navy is authorized to
waive any provision of acquisition law or regulation to carry out
the authority under subsection (a).
(2) Notification requirement.--The Secretary of the Navy shall
notify the congressional defense committees not later than 10 days
after exercising the authority under paragraph (1). The notice
shall include an identification of each provision of law or
regulation waived.
(e) Adjustment and Closure of Records.--After closeout of any
contract described in subsection (b) using the authority under this
section, the payment or accounting offices concerned may adjust and
close any open finance and accounting records relating to the contract.
(f) No Liability.--No liability shall attach to any accounting,
certifying, or payment official or contracting officer for any
adjustments or closeout made pursuant to the authority under this
section.
(g) Expiration of Authority.--The authority under this section
shall expire upon receipt of the funds identified in subsection (c)(1).

Subtitle D--Provisions Relating to Major Defense Acquisition Programs

SEC. 841. CHANGE IN DATE OF SUBMISSION TO CONGRESS OF SELECTED
ACQUISITION REPORTS.
Section 2432(f) of title 10, United States Code, is amended by
striking ``45'' the first place it occurs and inserting ``30''.
SEC. 842. AMENDMENTS RELATING TO INDEPENDENT COST ESTIMATION AND
COST ANALYSIS.
(a) Amendments.--Section 2334 of title 10, United States Code, is
amended--
(1) in subsection (a)(3), by striking ``selection of confidence
levels'' both places it appears and inserting ``discussion of
risk'';
(2) in subsection (a)(6)--
(A) by inserting ``or approve'' after ``conduct'';
(B) by striking ``major defense acquisition programs'' and
all that follows through ``Authority--'' and inserting ``all
major defense acquisition programs and major subprograms--'';
and
(C) in subparagraph (B), by striking ``or upon the
request'' and all that follows through the semicolon at the end
and inserting ``, upon the request of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, or upon the
request of the milestone decision authority'';
(3) by redesignating subsections (b), (c), (d), (e), and (f) as
subsections (c), (d), (e), (f), and (h), respectively;
(4) by inserting after subsection (a) the following new
subsection (b):
``(b) Independent Cost Estimate Required Before Approval.--(1) A
milestone decision authority may not approve entering a milestone phase
of a major defense acquisition program or major subprogram unless an
independent cost estimate has been conducted or approved by the
Director of Cost Assessment and Program Evaluation and considered by
the milestone decision authority that--
``(A) for the technology maturation and risk reduction phase,
includes the identification and sensitivity analysis of key cost
drivers that may affect life-cycle costs of the program or
subprogram; and
``(B) for the engineering and manufacturing development phase,
or production and deployment phase, includes a cost estimate of the
full life-cycle cost of the program or subprogram.
``(2) The regulations governing the content and submission of
independent cost estimates required by subsection (a) shall require
that the independent cost estimate of the full life-cycle cost of a
program or subprogram include--
``(A) all costs of development, procurement, military
construction, operations and support, and trained manpower to
operate, maintain, and support the program or subprogram upon full
operational deployment, without regard to funding source or
management control; and
``(B) an analysis to support decisionmaking that identifies and
evaluates alternative courses of action that may reduce cost and
risk, and result in more affordable programs and less costly
systems.'';
(5) in subsection (d), as so redesignated, in paragraph (3), by
striking ``confidence level'' and inserting ``discussion of risk'';
(6) in subsection (e), as so redesignated--
(A) by amending the subsection heading to read as follows:
``Discussion of Risk in Cost Estimates.--'';
(B) by amending paragraph (1) to read as follows:
``(1) issue guidance requiring a discussion of risk, the
potential impacts of risk on program costs, and approaches to
mitigate risk in cost estimates for major defense acquisition
programs and major subprograms;'';
(C) in paragraph (2)--
(i) by striking ``such confidence level provides'' and
inserting ``cost estimates are developed, to the extent
practicable, based on historical actual cost information
that is based on demonstrated contractor and Government
performance and that such estimates provide''; and
(ii) by inserting ``or subprogram'' after ``the
program''; and
(D) in paragraph (3), by striking ``disclosure required by
paragraph (1)'' and inserting ``information required in the
guidance under paragraph (1)''; and
(7) by inserting after subsection (f), as so redesignated, the
following new subsection:
``(g) Guidelines and Collection of Cost Data.--(1) The Director of
Cost Assessment and Program Evaluation shall, in consultation with the
Under Secretary of Defense for Acquisition, Technology, and Logistics,
develop policies, procedures, guidance, and a collection method to
ensure that quality acquisition cost data are collected to facilitate
cost estimation and comparison across acquisition programs.
``(2) The program manager and contracting officer for each
acquisition program in an amount greater than $100,000,000, in
consultation with the cost estimating component of the relevant
military department or Defense Agency, shall ensure that cost data are
collected in accordance with the requirements of paragraph (1).
``(3) The requirement under paragraph (1) may be waived only by the
Director of Cost Assessment and Program Evaluation.''.
(b) Conforming Amendments to Add Subprograms.--Section 2334 of such
title is further amended--
(1) in subsection (a)(2), by inserting ``or major subprogram''
before ``under chapter 144'';
(2) in paragraphs (3), (4), and (5) of subsection (a) and in
subsection (c)(1) (as redesignated by subsection (a) of this
section), by striking ``major defense acquisition programs and
major automated information system programs'' and inserting ``major
defense acquisition programs and major subprograms'' each place it
appears;
(3) in paragraphs (1) and (2) of subsection (d) (as so
redesignated), and in subsection (f)(4) (as so redesignated), by
striking ``major defense acquisition program or major automated
information system program'' and inserting ``major defense
acquisition program or major subprogram'' each place it appears;
(4) in subsection (d)(4) (as so redesignated), by inserting
before the period ``or major subprogram'';
(5) in subsection (e)(3)(B) (as so redesignated), by inserting
``or major subprogram'' after ``major defense acquisition
program''; and
(6) in subsection (f)(3) (as so redesignated), by striking
``major defense acquisition program and major automated information
system program'' and inserting ``major defense acquisition program
and major subprogram''.
(c) Repeal.--Chapter 144 of such title is amended--
(1) by striking section 2434; and
(2) in the table of sections at the beginning of such chapter,
by striking the item relating to such section.
SEC. 843. REVISIONS TO MILESTONE B DETERMINATIONS.
Section 2366b(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``acquisition cost in''
and all that follows through the semicolon, and inserting ``life-
cycle cost;''; and
(2) in subparagraph (D), by striking ``funding is'' and all
that follows through ``made,'' and inserting ``funding is expected
to be available to execute the product development and production
plan for the program,''.
SEC. 844. REVIEW AND REPORT ON SUSTAINMENT PLANNING IN THE
ACQUISITION PROCESS.
(a) Requirement for Review.--The Secretary of Defense shall conduct
a review of the extent to which sustainment matters are considered in
decisions related to the requirements, research and development,
acquisition, cost estimating, and programming and budgeting processes
for major defense acquisition programs. The review shall include the
following:
(1) A determination of whether information related to the
operation and sustainment of major defense acquisition programs,
including cost data and intellectual property requirements, is
available to inform decisions made during those processes.
(2) If such information exists, an evaluation of the
completeness, timeliness, quality, and suitability of the
information for aiding in decisions made during those processes.
(3) A determination of whether information related to the
operation and sustainment of existing major weapon systems is used
to forecast the operation and sustainment needs of major weapon
systems proposed for or under development.
(4) A description of the potential benefits from improved
completeness, timeliness, quality, and suitability of data on
operation and support costs and increased consideration of such
data.
(5) Recommendations for improving access to, analyses of, and
consideration of operation and support cost data.
(6) An assessment of product support strategies for major
weapon systems required by section 2337 of title 10, United States
Code, or other similar life-cycle sustainment strategies, including
an evaluation of--
(A) the stage at which such strategies are developed during
the life of a major weapon system;
(B) the content and completeness of such strategies,
including whether such strategies address--
(i) all aspects of total life-cycle management of a
major weapon system, including product support, logistics,
product support engineering, supply chain integration,
maintenance, and software sustainment; and
(ii) the capabilities, capacity, and resource
constraints of the organic industrial base and the materiel
commands of the military department concerned;
(C) the extent to which such strategies or their elements
are or should be incorporated into the acquisition strategy
required by section 2431a of title 10, United States Code;
(D) the extent to which such strategies influence the
planning for major defense acquisition programs; and
(E) the extent to which such strategies influence decisions
related to the life-cycle management and product support of
major weapon systems.
(7) An assessment of how effectively the military departments
consider sustainment matters at key decision points for acquisition
and life-cycle management in accordance with the requirements of
sections 2431a, 2366a, 2366b, and 2337 of title 10, United States
Code, and section 832 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2430 note).
(8) Recommendations for improving the consideration of
sustainment during the requirements, acquisition, cost estimating,
programming and budgeting processes.
(9) An assessment of whether research and development efforts
and adoption of commercial technologies is prioritized to reduce
sustainment costs.
(10) An assessment of whether alternate financing methods,
including share-in-savings approaches, public-private partnerships,
and energy savings performance contracts, could be used to
encourage the development and adoption of technologies and
practices that will reduce sustainment costs.
(11) An assessment of private sector best practices in
assessing and reducing sustainment costs for complex systems.
(b) Agreement With Independent Entity.--Not later than 60 days
after the date of the enactment of this Act, the Secretary shall enter
into an agreement with an independent entity with appropriate expertise
to conduct the review required by subsection (a). The Secretary shall
ensure that the independent entity has access to all data, information,
and personnel required, and is funded, to satisfactorily complete the
review required by subsection (a). The agreement also shall require the
entity to provide to the Secretary a report on the findings of the
entity.
(c) Briefing.--Not later than April 1, 2017, the Secretary shall
provide a briefing to the Committees on Armed Services of the Senate
and House of Representatives on the preliminary findings of the
independent entity.
(d) Submission to Congress.--Not later than August 1, 2017, the
Secretary shall submit to the congressional defense committees a copy
of the report of the independent entity, along with comments on the
report, proposed revisions or clarifications to laws related to
lifecycle management or sustainment planning for major weapon systems,
and a description of any actions the Secretary may take to revise or
clarify regulations and practices related to life-cycle management or
sustainment planning for major weapon systems.
SEC. 845. REVISION TO DISTRIBUTION OF ANNUAL REPORT ON OPERATIONAL
TEST AND EVALUATION.
Section 139(h) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``the Secretaries of the military
departments,'' after ``Logistics,''; and
(B) by striking ``10 days'' and all that follows through
``title 31'' and inserting ``January 31 of each year, through
January 31, 2021''; and
(2) in paragraph (5), by inserting after ``Secretary'' the
following: ``of Defense and the Secretaries of the military
departments''.
SEC. 846. REPEAL OF MAJOR AUTOMATED INFORMATION SYSTEMS PROVISIONS.
Effective September 30, 2017--
(1) chapter 144A of title 10, United States Code, is repealed;
(2) the tables of chapters at the beginning of subtitle A of
such title, and at the beginning of part IV of subtitle A, are
amended by striking the item relating to chapter 144A; and
(3) section 2334(a)(2) of title 10, United States Code, is
amended by striking ``or a major automated information system under
chapter 144A of this title''.
SEC. 847. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISITION
PROGRAM.
(a) In General.--Section 2430 of title 10, United States Code, is
amended in subsection (a)--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) by striking ``In this chapter'' and inserting ``(1) Except
as provided under paragraph (2), in this chapter''; and
(3) by adding at the end the following new paragraph:
``(2) In this chapter, the term `major defense acquisition program'
does not include an acquisition program or project that is carried out
using the rapid fielding or rapid prototyping acquisition pathway under
section 804 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note).''.
(b) Annual Reporting.--The Secretary of Defense shall include in
each comprehensive annual Selected Acquisition Report submitted under
section 2432 of title 10, United States Code, a listing of all programs
or projects being developed or procured under the exceptions to the
definition of major defense acquisition program set forth in paragraph
(2) of section 2430(a) of United States Code, as added by subsection
(a)(1)(C) of this section.
SEC. 848. ACQUISITION STRATEGY.
Section 2431a of title 10, United States Code, is amended--
(1) in subsection (b), by inserting ``, or the milestone
decision authority, when the milestone decision authority is the
service acquisition executive of the military department that is
managing the program,'' after ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, or the milestone
decision authority, when the milestone decision authority is
the service acquisition executive of the military department
that is managing the program,'' after ``the Under Secretary'';
and
(B) in paragraph (2)(C), by striking ``, in accordance with
section 2431b of this title''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``(1) Subject to the
authority, direction, and control of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, the'' and
inserting ``The''; and
(B) in paragraph (2), by inserting ``because of a change
described in paragraph (1)(F)'' after ``for a program or
system''.
SEC. 849. IMPROVED LIFE-CYCLE COST CONTROL.
(a) Modified Guidance for Rapid Fielding Pathway.--Section
804(c)(3) of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note) is amended--
(1) in subparagraph (C), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (D), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) a process for identifying and exploiting
opportunities to use the rapid fielding pathway to reduce total
ownership costs.''.
(b) Life-cycle Cost Management.--Section 805(2) of such Act (Public
Law 114-92; 10 U.S.C. 2302 note) is amended by inserting ``life-cycle
cost management,'' after ``budgeting,''.
(c) Sustainment Reviews.--
(1) In general.--Chapter 144 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2441. Sustainment reviews
``(a) In General.--The Secretary of each military department shall
conduct a sustainment review of each major weapon system not later than
five years after declaration of initial operational capability of a
major defense acquisition program and throughout the life cycle of the
weapon system to assess the product support strategy, performance, and
operation and support costs of the weapon system. For any review after
the first one, the Secretary concerned shall use availability and
reliability thresholds and cost estimates as the basis for the
circumstances that prompt such a review. The results of the sustainment
review shall be documented in a memorandum by the relevant decision
authority.
``(b) Elements.--At a minimum, the review required under subsection
(a) shall include the following elements:
``(1) An independent cost estimate for the remainder of the
life cycle of the program.
``(2) A comparison of actual costs to the amount of funds
budgeted and appropriated in the previous five years, and if
funding shortfalls exist, an explanation of the implications on
equipment availability.
``(3) A comparison between the assumed and achieved system
reliabilities.
``(4) An analysis of the most cost-effective source of repairs
and maintenance.
``(5) An evaluation of the cost of consumables and depot-level
repairables.
``(6) An evaluation of the costs of information technology,
networks, computer hardware, and software maintenance and upgrades.
``(7) As applicable, an assessment of the actual fuel
efficiencies compared to the projected fuel efficiencies as
demonstrated in tests or operations.
``(8) As applicable, a comparison of actual manpower
requirements to previous estimates.
``(9) An analysis of whether accurate and complete data are
being reported in the cost systems of the military department
concerned, and if deficiencies exist, a plan to update the data and
ensure accurate and complete data are submitted in the future.
``(c) Coordination.--The review required under subsection (a) shall
be conducted in coordination with the requirements of section 2337 of
this title and section 832 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 2430 note).''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``2441. Sustainment reviews.''.

(d) Commercial Operational and Support Savings Initiative.--
(1) In general.--The Secretary of Defense may establish a
commercial operational and support savings initiative to improve
readiness and reduce operations and support costs by inserting
existing commercial items or technology into military legacy
systems through the rapid development of prototypes and fielding of
production items based on current commercial technology.
(2) Program priority.--The commercial operational and support
savings initiative shall fund programs that--
(A) reduce the costs of owning and operating a military
system, including the costs of personnel, consumables, goods
and services, and sustaining the support and investment
associated with the peacetime operation of a weapon system;
(B) take advantage of the commercial sector's technological
innovations by inserting commercial technology into fielded
weapon systems; and
(C) emphasize prototyping and experimentation with new
technologies and concepts of operations.
(3) Funding phases.--
(A) In general.--Projects funded under the commercial
operational and support savings initiative shall consist of two
phases, Phase I and Phase II.
(B) Phase i.--(i) Funds made available during Phase I shall
be used to perform the non-recurring engineering, testing, and
qualification that are typically needed to adapt a commercial
item or technology for use in a military system.
(ii) Phase I shall include--
(I) establishment of cost and performance metrics to
evaluate project success;
(II) establishment of a transition plan and agreement
with a military department or Defense Agency for adoption
and sustainment of the technology or system; and
(III) the development, fabrication, and delivery of a
demonstrated prototype to a military department for
installation into a fielded Department of Defense system.
(iii) Programs shall be terminated if no agreement is
established within two years of project initiation.
(iv) The Office of the Secretary of Defense may provide up
to 50 percent of Phase I funding for a project. The military
department or Defense Agency concerned may provide the
remainder of Phase I funding, which may be provided out of
operation and maintenance funding.
(v) Phase I funding shall not exceed three years.
(vi) Phase I projects shall be selected based on a merit-
based process using criteria to be established by the Secretary
of Defense.
(C) Phase ii.--(i) Phase II shall include the purchase of
limited production quantities of the prototype kits and
transition to a program of record for continued sustainment.
(ii) Phase II awards may be made without competition if
general solicitation competitive procedures were used for the
selection of parties for participation in a Phase I project.
(iii) Phase II awards may be made as firm fixed-price
awards.
(4) Treatment as competitive procedures.--The use of a merit-
based process for selection of projects under the commercial
operational and support savings initiative shall be considered to
be the use of competitive procedures for purposes of chapter 137 of
title 10, United States Code.
SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF ITEMS
DELIVERED UNDER MAJOR DEFENSE ACQUISITION PROGRAMS AS MAJOR
SUBPROGRAMS FOR PURPOSES OF ACQUISITION REPORTING.
Section 2430a(1)(B) of title 10, United States Code, is amended by
striking ``major defense acquisition program to purchase satellites
requires the delivery of satellites in two or more increments or
blocks'' and inserting ``major defense acquisition program requires the
delivery of two or more increments or blocks''.
SEC. 851. REPORTING OF SMALL BUSINESS PARTICIPATION ON DEPARTMENT
OF DEFENSE PROGRAMS.
(a) Report Requirement.--Not later than March 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report covering the following matters for the preceding
fiscal year:
(1) For each prime contract goal established by section
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)), the
total value and percentage of prime contracts awarded by the
Department of Defense and attributed to each prime contract goal
for prime contracts awarded for major defense acquisition programs.
(2) For each subcontract goal established by section
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)), the
total value and percentage of first tier subcontract awards
attributed to each subcontract goal for subcontracts awarded in
support of prime contracts awarded by the Department of Defense for
major defense acquisition programs.
(3) For the prime contract and subcontract goals negotiated
with the Department of Defense pursuant to section 15(g)(2) of the
Small Business Act (15 U.S.C. 644(g)(2))--
(A) the information reported by the Department of Defense
to the Small Business Administration pursuant to section
15(h)(1) of the Small Business Act (15 U.S.C. 644(h)(1)); and
(B) the information required by subparagraph (A) calculated
after excluding--
(i) contracts awarded pursuant to chapter 85 of title
41, United States Code (popularly referred to as the
Javits-Wagner-O'Day Act);
(ii) contracts awarded to the American Institute in
Taiwan;
(iii) contracts awarded and performed outside of the
United States;
(iv) acquisition on behalf of foreign governments,
entities, or international organizations; and
(v) contracts for major defense acquisition programs.
(b) Sunset.--The requirement to submit a report under subsection
(a) shall not apply after the Secretary submits the report covering
fiscal year 2020.
SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISITION OF
TACTICAL MISSILES AND MUNITIONS GREATER THAN QUANTITY SPECIFIED
IN LAW.
Section 2308(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``The head'';
(2) by inserting ``, except as provided in paragraph (2),''
after ``but''; and
(3) by adding at the end the following new paragraph:
``(2) A notification is not required under paragraph (1) if the end
item being acquired in a higher quantity is an end item under a
tactical missile program or a munitions program.''.
SEC. 853. 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 subsection (a) shall at a
minimum provide for the acquisition of units from three discrete
programs from two of the military departments.
(c) Documentation.--Each contract awarded under subsection (a)
shall include the documentation required to be provided for a multiyear
contract proposal under section 2306b(i) of title 10.
(d) Definitions.--In this section:
(1) The term ``high rate'' means total annual production across
the multiple defense programs of more than 200 end-items per year.
(2) The term ``common facilities'' means production facilities
operating within the same general and allowable rate structure.
(e) Sunset.--No new contracts may be awarded under the authority of
this section after September 30, 2021.
SEC. 854. KEY PERFORMANCE PARAMETER REDUCTION PILOT PROGRAM.
(a) In General.--The Secretary of Defense may carry out a pilot
program under which the Secretary may identify at least one acquisition
program in each military department for reduction of the total number
of key performance parameters established for the program, for purposes
of determining whether operational and programmatic outcomes of the
program are improved by such reduction.
(b) Limitation on Key Performance Parameters.--Any acquisition
program identified for the pilot program carried out under subsection
(a) shall establish no more than three key performance parameters, each
of which shall describe a program-specific performance attribute. Any
key performance parameters for such a program that are required by
statute shall be treated as key system attributes.
SEC. 855. MISSION INTEGRATION MANAGEMENT.
(a) In General.--The Secretary of Defense shall establish mission
integration management activities for each mission area specified in
subsection (b).
(b) Covered Mission Areas.--The mission areas specified in this
subsection are mission areas that involve multiple Armed Forces and
multiple programs and, at a minimum, include the following:
(1) Close air support.
(2) Air defense and offensive and defensive counter-air.
(3) Interdiction.
(4) Intelligence, surveillance, and reconnaissance.
(5) Any other overlapping mission area of significance, as
jointly designated by the Deputy Secretary of Defense and the Vice
Chairman of the Joint Chiefs of Staff for purposes of this
subsection.
(c) Qualifications.--Mission integration management activities
shall be performed by qualified personnel from the acquisition and
operational communities.
(d) Responsibilities.--The mission integration management
activities for a mission area under this section shall include--
(1) development of technical infrastructure for engineering,
analysis, and test, including data, modeling, analytic tools, and
simulations;
(2) the conduct of tests, demonstrations, exercises, and
focused experiments for compelling challenges and opportunities;
(3) overseeing the implementation of section 2446c of title 10,
United States Code;
(4) sponsoring and overseeing research on and development of
(including tests and demonstrations) automated tools for composing
systems of systems on demand;
(5) developing mission-based inputs for the requirements
process, assessment of concepts, prototypes, design options,
budgeting and resource allocation, and program and portfolio
management; and
(6) coordinating with commanders of the combatant commands on
the development of concepts of operation and operational plans.
(e) Scope.--The mission integration management activities for a
mission area under this subsection shall extend to the supporting
elements for the mission area, such as communications, command and
control, electronic warfare, and intelligence.
(f) Funding.--There is authorized to be made available annually
such amounts as the Secretary of Defense determines appropriate from
the Rapid Prototyping Fund established under section 804(d) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2302 note) for mission integration management
activities listed in subsection (d).
(g) Strategy.--The Secretary of Defense shall submit to the
congressional defense committees, at the same time as the budget for
the Department of Defense for fiscal year 2018 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, a strategy
for mission integration management, including a resourcing strategy for
mission integration managers to carry out the responsibilities
specified in this section.

Subtitle E--Provisions Relating to Acquisition Workforce

SEC. 861. PROJECT MANAGEMENT.
(a) Deputy Director for Management.--
(1) Additional functions.--Section 503 of title 31, United
States Code, is amended by adding at the end the following:
``(c) Program and Project Management.--
``(1) Requirement.--Subject to the direction and approval of
the Director, the Deputy Director for Management or a designee
shall--
``(A) adopt governmentwide standards, policies, and
guidelines for program and project management for executive
agencies;
``(B) oversee implementation of program and project
management for the standards, policies, and guidelines
established under subparagraph (A);
``(C) chair the Program Management Policy Council
established under section 1126(b);
``(D) establish standards and policies for executive
agencies, consistent with widely accepted standards for program
and project management planning and delivery;
``(E) engage with the private sector to identify best
practices in program and project management that would improve
Federal program and project management;
``(F) conduct portfolio reviews to address programs
identified as high risk by the Government Accountability
Office;
``(G) not less than annually, conduct portfolio reviews of
agency programs in coordination with Project Management
Improvement Officers designated under section 1126(a)(1) to
assess the quality and effectiveness of program management; and
``(H) establish a 5-year strategic plan for program and
project management.
``(2) Application to department of defense.--Paragraph (1)
shall not apply to the Department of Defense to the extent that the
provisions of that paragraph are substantially similar to or
duplicative of--
``(A) the provisions of chapter 87 of title 10; or
``(B) policy, guidance, or instruction of the Department
related to program management.''.
(2) 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. For
purposes of paragraph (1), the Under Secretary of Defense for
Acquisition, Technology, and Logistics (or a designee of the Under
Secretary) shall be considered the Program Management Improvement
Officer.
``(b) Program Management Policy Council.--
``(1) Establishment.--There is established in the Office of
Management and Budget a council to be known as the `Program
Management Policy Council' (in this subsection referred to as the
`Council').
``(2) Purpose and functions.--The Council shall act as the
principal interagency forum for improving agency practices related
to program and project management. The Council shall--
``(A) advise and assist the Deputy Director for Management
of the Office of Management and Budget;
``(B) review programs identified as high risk by the
Government Accountability Office and make recommendations for
actions to be taken by the Deputy Director for Management of
the Office of Management and Budget or a designee;
``(C) discuss topics of importance to the workforce,
including--
``(i) career development and workforce development
needs;
``(ii) policy to support continuous improvement in
program and project management; and
``(iii) major challenges across agencies in managing
programs;
``(D) advise on the development and applicability of
standards governmentwide for program management transparency;
and
``(E) review the information published on the website of
the Office of Management and Budget pursuant to section 1122.
``(3) Membership.--
``(A) Composition.--The Council shall be composed of the
following members:
``(i) Five members from the Office of Management and
Budget as follows:

``(I) The Deputy Director for Management.
``(II) The Administrator of the Office of
Electronic Government.
``(III) The Administrator of Federal Procurement
Policy.
``(IV) The Controller of the Office of Federal
Financial Management.
``(V) The Director of the Office of Performance and
Personnel Management.

``(ii) The Program Management Improvement Officer from
each agency described in section 901(b).
``(iii) Any other full-time or permanent part-time
officer or employee of the Federal Government or member of
the Armed Forces designated by the Chairperson.
``(B) Chairperson and vice chairperson.--
``(i) In general.--The Deputy Director for Management
of the Office of Management and Budget shall be the
Chairperson of the Council. A Vice Chairperson shall be
elected by the members and shall serve a term of not more
than 1 year.
``(ii) Duties.--The Chairperson shall preside at the
meetings of the Council, determine the agenda of the
Council, direct the work of the Council, and establish and
direct subgroups of the Council as appropriate.
``(4) Meetings.--The Council shall meet not less than twice per
fiscal year and may meet at the call of the Chairperson or a
majority of the members of the Council.
``(5) Support.--The head of each agency with a Project
Management Improvement Officer serving on the Council shall provide
administrative support to the Council, as appropriate, at the
request of the Chairperson.''.
(2) Report required.--Not later than 1 year after the date of
the enactment of this Act, the Director of the Office of Management
and Budget, in consultation with each Program Management
Improvement Officer designated under section 1126(a)(1) of title
31, United States Code, shall submit to Congress a report
containing the strategy developed under section 1126(a)(2)(B) of
such title, as added by paragraph (1).
(c) Program and Project Management Personnel Standards.--
(1) Definition.--In this subsection, the term ``agency'' means
each agency described in section 901(b) of title 31, United States
Code, other than the Department of Defense.
(2) Regulations required.--Not later than 180 days after the
date on which the standards, policies, and guidelines are issued
under section 503(c) of title 31, United States Code, as added by
subsection (a)(1), the Director of the Office of Personnel
Management, in consultation with the Director of the Office of
Management and Budget, shall issue regulations that--
(A) identify key skills and competencies needed for a
program and project manager in an agency;
(B) establish a new job series, or update and improve an
existing job series, for program and project management within
an agency; and
(C) establish a new career path for program and project
managers within an agency.
(d) GAO Report on Effectiveness of Policies on Program and Project
Management.--Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall issue, in
conjunction with the high risk list of the Government Accountability
Office, a report examining the effectiveness of the following on
improving Federal program and project management:
(1) The standards, policies, and guidelines for program and
project management issued under section 503(c) of title 31, United
States Code, as added by subsection (a)(1).
(2) The 5-year strategic plan established under section
503(c)(1)(H) of title 31, United States Code, as added by
subsection (a)(1).
(3) Program Management Improvement Officers designated under
section 1126(a)(1) of title 31, United States Code, as added by
subsection (b)(1).
(4) The Program Management Policy Council established under
section 1126(b)(1) of title 31, United States Code, as added by
subsection (b)(1).
SEC. 862. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PROGRAM
MANAGERS FOR PROGRAM DEFINITION AND PROGRAM EXECUTION PERIODS.
(a) Program Definition Period.--Section 826(e) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) is
amended by striking ``The Secretary may waive'' and inserting ``The
service acquisition executive, in the case of a major defense
acquisition program of a military department, or the Under Secretary of
Defense for Acquisition, Technology, and Logistics, in the case of a
Defense-wide or Defense Agency major defense acquisition program, may
waive''.
(b) Program Execution Period.--Section 827(e) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) is
amended by striking ``The immediate supervisor of a program manager for
a major defense acquisition program may waive'' and inserting ``The
service acquisition executive, in the case of a major defense
acquisition program of a military department, or the Under Secretary of
Defense for Acquisition, Technology, and Logistics, in the case of a
Defense-wide or Defense Agency major defense acquisition program, may
waive''.
SEC. 863. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT FUND MAY BE USED; ADVISORY PANEL
AMENDMENTS.
(a) In General.--Section 1705 of title 10, United States Code, is
amended--
(1) in subsection (e)--
(A) in paragraph (1), by inserting ``and to develop
acquisition tools and methodologies, and undertake research and
development activities, leading to acquisition policies and
practices that will improve the efficiency and effectiveness of
defense acquisition efforts'' after ``workforce of the
Department''; and
(B) in paragraph (4), by striking ``other than for the
purpose of'' and all that follows through the period at the end
and inserting ``other than for the purposes of--
``(A) providing advanced training to Department of Defense
employees;
``(B) developing acquisition tools and methodologies and
performing research on acquisition policies and best practices
that will improve the efficiency and effectiveness of defense
acquisition efforts; and
``(C) supporting human capital and talent management of the
acquisition workforce, including benchmarking studies,
assessments, and requirements planning.''; and
(2) in subsection (f), by striking ``Each report shall
include'' and all that follows through the period at the end of
paragraph (5).
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (d)(2)(C), by striking ``in each'' and
inserting ``in such'';
(2) in subsection (f)--
(A) by striking ``Not later than 120 days after the end of
each fiscal year'' and inserting ``Not later than February 1
each year''; and
(B) by striking ``such fiscal year'' the first place it
appears and inserting ``the preceding fiscal year''; and
(3) in subsection (g)(1)--
(A) by striking ``of of'' and inserting ``of''; and
(B) by striking ``, as defined in subsection (h),''.
(c) Limitation on Availability of Funds for Certain Purposes.--Of
the amounts authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017, not more than $35,000,000 may be
obligated or expended for the purposes set forth in subparagraphs (B)
and (C) of section 1705(e)(4) of title 10, United States Code, as added
by subsection (a).
(d) Amendments to Advisory Panel on Streamlining and Codifying
Acquisition Regulations.--Section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
889) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Establishment.--The Secretary of Defense shall establish an
independent advisory panel on streamlining acquisition regulations. The
panel shall be supported by the Defense Acquisition University and the
National Defense University, including administrative support.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``and analysis'' and
inserting ``, analysis, and logistics support''; and
(B) by adding at the end the following new paragraph:
``(3) Authorities.--The panel shall have the authorities
provided in section 3161 of title 5, United States Code.''.
SEC. 864. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND DETERMINATION ADJUSTMENT.
(a) Credit to Rapid Prototyping Fund.--Notwithstanding section
1705(d)(2)(B) of title 10, United States Code, of the funds credited to
the Department of Defense Acquisition Workforce Development Fund in
fiscal year 2017 pursuant to such section, $225,000,000 shall be
transferred to the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note). Of the $225,000,000 so
transferred, $75,000,000 shall be credited to each of the military
department-specific funds established under section 804(d)(2) of such
Act (as added by section 897 of this Act).
(b) Technical and Conforming Amendments.--Section 804(d)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2302 note) is amended--
(1) in the first sentence, by inserting a comma after ``may be
available'';
(2) at the end of the first sentence, by inserting before the
period the following: ``and other purposes specified in law''; and
(3) in the last sentence, by striking ``shall consist of'' and
all that follows through ``this Act.'' and inserting the following:
``shall consist of--
``(i) amounts appropriated to the Fund;
``(ii) amounts credited to the Fund pursuant to section
828 of this Act; and
``(iii) any other amounts appropriated to, credited to,
or transferred to the Fund.''.
SEC. 865. LIMITATIONS ON FUNDS USED FOR STAFF AUGMENTATION
CONTRACTS AT MANAGEMENT HEADQUARTERS OF THE DEPARTMENT OF DEFENSE
AND THE MILITARY DEPARTMENTS.
(a) Limitations.--
(1) For fiscal years 2017 and 2018.--The total amount obligated
by the Department of Defense for fiscal year 2017 or 2018 for
contract services for staff augmentation contracts at management
headquarters of the Department and the military departments may not
exceed an amount equal to the aggregate amount expended by the
Department for contract services for staff augmentation contracts
at management headquarters of the Department and the military
departments in fiscal year 2016 adjusted for net transfers from
funding for overseas contingency operations (in this subsection
referred to as the ``fiscal year 2016 staff augmentation contracts
funding amount'').
(2) For fiscal years 2018 through 2022.--The total amount
obligated by the Department for any fiscal year after fiscal year
2018 and before fiscal year 2023 for contract services for staff
augmentation contracts at management headquarters of the Department
and the military departments may not exceed an amount equal to 75
percent of the fiscal year 2016 staff augmentation contracts
funding amount.
(b) Definitions.--In this section:
(1) The term ``contract services'' has the meaning given that
term in section 235 of title 10, United States Code.
(2) The term ``staff augmentation contracts'' means services
contracts for personnel who are physically present in a Government
work space on a full-time or permanent part-time basis, for the
purpose of advising on, providing support to, or assisting a
Government agency in the performance of the agency's missions,
including authorized personal services contracts (as that term is
defined in section 2330a(g)(5) of title 10, United States Code).
SEC. 866. SENIOR MILITARY ACQUISITION ADVISORS IN THE DEFENSE
ACQUISITION CORPS.
(a) Positions.--
(1) In general.--Subchapter II of chapter 87 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 1725. Senior Military Acquisition Advisors
``(a) Position.--
``(1) In general.--The Secretary of Defense may establish in
the Defense Acquisition Corps a position to be known as `Senior
Military Acquisition Advisor'.
``(2) Appointment.--A Senior Military Acquisition Advisor shall
be appointed by the President, by and with the advice and consent
of the Senate.
``(3) Scope of position.--An officer who is appointed as a
Senior Military Acquisition Advisor--
``(A) shall serve as an advisor to, and provide senior
level acquisition expertise to, the service acquisition
executive of that officer's military department in accordance
with this section; and
``(B) shall be assigned as an adjunct professor at the
Defense Acquisition University.
``(b) Continuation on Active Duty.--An officer who is appointed as
a Senior Military Acquisition Advisor may continue on active duty while
serving in such position without regard to any mandatory retirement
date that would otherwise be applicable to that officer by reason of
years of service or age. An officer who is continued on active duty
pursuant to this section is not eligible for consideration for
selection for promotion.
``(c) Retired Grade.--Upon retirement, an officer who is a Senior
Military Acquisition Advisor may, in the discretion of the President,
be retired in the grade of brigadier general or rear admiral (lower
half) if--
``(1) the officer has served as a Senior Military Acquisition
Advisor for a period of not less than three years; and
``(2) the officer's service as a Senior Military Acquisition
Advisor has been distinguished.
``(d) Selection and Tenure.--
``(1) In general.--Selection of an officer for recommendation
for appointment as a Senior Military Acquisition Advisor shall be
made competitively, and shall be based upon demonstrated experience
and expertise in acquisition.
``(2) Officers eligible.--Officers shall be selected for
recommendation for appointment as Senior Military Acquisition
Advisors from among officers of the Defense Acquisition Corps who
are serving in the grade of colonel or, in the case of the Navy,
captain, and who have at least 12 years of acquisition 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. 867. AUTHORITY OF THE SECRETARY OF DEFENSE UNDER THE
ACQUISITION DEMONSTRATION PROJECT.
(a) Amendment.--Section 1762(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The Secretary of Defense shall exercise the authorities
granted to the Office of Personnel Management under section 4703 of
title 5 for purposes of the demonstration project authorized under
this section.''.
(b) Effective Date.--Paragraph (4) of section 1762(b) of title 10,
United States Code, as added by subsection (a), shall take effect on
the first day of the first month beginning 60 days after the date of
the enactment of this Act.

Subtitle F--Provisions Relating to Commercial Items

SEC. 871. MARKET RESEARCH FOR DETERMINATION OF PRICE REASONABLENESS
IN ACQUISITION OF COMMERCIAL ITEMS.
Section 2377 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e), and in
that subsection by striking ``subsection (c)'' and inserting
``subsections (c) and (d)''; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Market Research for Price Analysis.--The Secretary of Defense
shall ensure that procurement officials in the Department of Defense
conduct or obtain market research to support the determination of the
reasonableness of price for commercial items contained in any bid or
offer submitted in response to an agency solicitation. To the extent
necessary to support such market research, the procurement official for
the solicitation--
``(1) in the case of items acquired under section 2379 of this
title, shall use information submitted under subsection (d) of that
section; and
``(2) in the case of other items, may require the offeror to
submit relevant information.''.
SEC. 872. VALUE ANALYSIS FOR THE DETERMINATION OF PRICE
REASONABLENESS.
Subsection 2379(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An offeror may submit information or analysis relating to the
value of a commercial item to aid in the determination of the
reasonableness of the price of such item. A contracting officer may
consider such information or analysis in addition to the information
submitted pursuant to paragraphs (1)(A) and (1)(B).''.
SEC. 873. CLARIFICATION OF REQUIREMENTS RELATING TO COMMERCIAL ITEM
DETERMINATIONS.
Paragraphs (1) and (2) of section 2380 of title 10, United States
Code, are amended to read as follows:
``(1) establish and maintain a centralized capability with
necessary expertise and resources to provide assistance to the
military departments and Defense Agencies in making commercial item
determinations, conducting market research, and performing analysis
of price reasonableness for the purposes of procurements by the
Department of Defense; and
``(2) provide to officials of the Department of Defense access
to previous Department of Defense commercial item determinations,
market research, and analysis used to determine the reasonableness
of price for the purposes of procurements by the Department of
Defense.''.
SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO THE
ACQUISITION OF COMMERCIAL ITEMS AND COMMERCIALLY AVAILABLE OFF-
THE-SHELF ITEMS.
(a) Amendment to Title 10, United States Code.--Section 2375 of
title 10, United States Code, is amended to read as follows:
``Sec. 2375. Relationship of commercial item provisions to other
provisions of law
``(a) Applicability of Government-wide Statutes.--(1) No contract
for the procurement of a commercial item entered into by the head of an
agency shall be subject to any law properly listed in the Federal
Acquisition Regulation pursuant to section 1906(b) of title 41.
``(2) No subcontract under a contract for the procurement of a
commercial item entered into by the head of an agency shall be subject
to any law properly listed in the Federal Acquisition Regulation
pursuant to section 1906(c) of title 41.
``(3) No contract for the procurement of a commercially available
off-the-shelf item entered into by the head of an agency shall be
subject to any law properly listed in the Federal Acquisition
Regulation pursuant to section 1907 of title 41.
``(b) Applicability of Defense-unique Statutes to Contracts for
Commercial Items.--(1) The Defense Federal Acquisition Regulation
Supplement shall include a list of defense-unique provisions of law and
of contract clause requirements based on government-wide acquisition
regulations, policies, or executive orders not expressly authorized in
law that are inapplicable to contracts for the procurement of
commercial items. A provision of law or contract clause requirement
properly included on the list pursuant to paragraph (2) does not apply
to purchases of commercial items by the Department of Defense. This
section does not render a provision of law or contract clause
requirement not included on the list inapplicable to contracts for the
procurement of commercial items.
``(2) A provision of law or contract clause requirement described
in subsection (e) that is enacted after January 1, 2015, shall be
included on the list of inapplicable provisions of law and contract
clause requirements required by paragraph (1) unless the Under
Secretary of Defense for Acquisition, Technology, and Logistics makes a
written determination that it would not be in the best interest of the
Department of Defense to exempt contracts for the procurement of
commercial items from the applicability of the provision or contract
clause requirement.
``(c) Applicability of Defense-unique Statutes to Subcontracts for
Commercial Items.--(1) The Defense Federal Acquisition Regulation
Supplement shall include a list of provisions of law and of contract
clause requirements based on government-wide acquisition regulations,
policies, or executive orders not expressly authorized in law that are
inapplicable to subcontracts under a Department of Defense contract or
subcontract for the procurement of commercial items. A provision of law
or contract clause requirement properly included on the list pursuant
to paragraph (2) does not apply to those subcontracts. This section
does not render a provision of law or contract clause requirement not
included on the list inapplicable to subcontracts under a contract for
the procurement of commercial items.
``(2) A provision of law or contract clause requirement described
in subsection (e) shall be included on the list of inapplicable
provisions of law and contract clause requirements required by
paragraph (1) unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics makes a written determination that it would
not be in the best interest of the Department of Defense to exempt
subcontracts under a contract for the procurement of commercial items
from the applicability of the provision or contract clause requirement.
``(3) In this subsection, the term `subcontract' includes a
transfer of commercial items between divisions, subsidiaries, or
affiliates of a contractor or subcontractor. The term does not include
agreements entered into by a contractor for the supply of commodities
that are intended for use in the performance of multiple contracts with
the Department of Defense and other parties and are not identifiable to
any particular contract.
``(4) This subsection does not authorize the waiver of the
applicability of any provision of law or contract clause requirement
with respect to any first-tier subcontract under a contract with a
prime contractor reselling or distributing commercial items of another
contractor without adding value.
``(d) Applicability of Defense-unique Statutes to Contracts for
Commercially Available, Off-the-shelf Items.--(1) The Defense Federal
Acquisition Regulation Supplement shall include a list of provisions of
law and of contract clause requirements based on government-wide
acquisition regulations, policies, or executive orders not expressly
authorized in law that are inapplicable to contracts for the
procurement of commercially available off-the-shelf items. A provision
of law or contract clause requirement properly included on the list
pursuant to paragraph (2) does not apply to Department of Defense
contracts for the procurement of commercially available off-the-shelf
items. This section does not render a provision of law or contract
clause requirement not included on the list inapplicable to contracts
for the procurement of commercially available off-the-shelf items.
``(2) A provision of law or contract clause requirement described
in subsection (e) shall be included on the list of inapplicable
provisions of law and contract clause requirements required by
paragraph (1) unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics makes a written determination that it would
not be in the best interest of the Department of Defense to exempt
contracts for the procurement of commercially available off-the-shelf
items from the applicability of the provision or contract clause
requirement.
``(e) Covered Provision of Law or Contract Clause Requirement.--A
provision of law or contract clause requirement referred to in
subsections (b)(2), (c)(2), and (d)(2) is a provision of law or
contract clause requirement that the Under Secretary of Defense for
Acquisition, Technology, and Logistics determines sets forth policies,
procedures, requirements, or restrictions for the procurement of
property or services by the Federal Government, except for a provision
of law or contract clause requirement that--
``(1) provides for criminal or civil penalties;
``(2) requires that certain articles be bought from American
sources pursuant to section 2533a of this title, or requires that
strategic materials critical to national security be bought from
American sources pursuant to section 2533b of this title; or
``(3) specifically refers to this section and provides that,
notwithstanding this section, it shall be applicable to contracts
for the procurement of commercial items.''.
(b) Changes to Defense Federal Acquisition Regulation Supplement.--
(1) In general.--To the maximum extent practicable, the Under
Secretary of Defense for Acquisition, Technology, and Logistics
shall ensure that--
(A) the Defense Federal Acquisition Regulation Supplement
does not require the inclusion of contract clauses in contracts
for the procurement of commercial items or contracts for the
procurement of commercially available off-the-shelf items,
unless such clauses are--
(i) required to implement provisions of law or
executive orders applicable to such contracts; or
(ii) determined to be consistent with standard
commercial practice; and
(B) the flow-down of contract clauses to subcontracts under
contracts for the procurement of commercial items or
commercially available off-the-shelf items is prohibited unless
such flow-down is required to implement provisions of law or
executive orders applicable to such subcontracts.
(2) Subcontracts.--In this subsection, the term ``subcontract''
includes a transfer of commercial items between divisions,
subsidiaries, or affiliates of a contractor or subcontractor. The
term does not include agreements entered into by a contractor for
the supply of commodities that are intended for use in the
performance of multiple contracts with the Department of Defense
and other parties and are not identifiable to any particular
contract.
SEC. 875. USE OF COMMERCIAL OR NON-GOVERNMENT STANDARDS IN LIEU OF
MILITARY SPECIFICATIONS AND STANDARDS.
(a) In General.--The Secretary of Defense shall ensure that the
Department of Defense uses commercial or non-Government specifications
and standards in lieu of military specifications and standards,
including for procuring new systems, major modifications, upgrades to
current systems, non-developmental and commercial items, and programs
in all acquisition categories, unless no practical alternative exists
to meet user needs. If it is not practicable to use a commercial or
non-Government standard, a Government-unique specification may be used.
(b) Limited Use of Military Specifications.--
(1) In general.--Military specifications shall be used in
procurements only to define an exact design solution when there is
no acceptable commercial or non-Government standard or when the use
of a commercial or non-Government standard is not cost effective.
(2) Waiver.--A waiver for the use of military specifications in
accordance with paragraph (1) shall be approved by either the
appropriate milestone decision authority, the appropriate service
acquisition executive, or the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
(c) Revision to DFARS.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall revise the Defense Federal
Acquisition Regulation Supplement to encourage contractors to propose
commercial or non-Government standards and industry-wide practices that
meet the intent of the military specifications and standards.
(d) Development of Non-government Standards.--The Under Secretary
for Acquisition, Technology, and Logistics shall form partnerships with
appropriate industry associations to develop commercial or non-
Government standards for replacement of military specifications and
standards where practicable.
(e) Education, Training, and Guidance.--The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall ensure that
training, education, and guidance programs throughout the Department
are revised to incorporate specifications and standards reform.
(f) Licenses.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall negotiate licenses for standards to be
used across the Department of Defense and shall maintain an inventory
of such licenses that is accessible to other Department of Defense
organizations.
SEC. 876. PREFERENCE FOR COMMERCIAL SERVICES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall revise the guidance issued pursuant to
section 855 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2377 note) to provide that--
(1) the head of an agency may not enter into a contract in
excess of $10,000,000 for facilities-related services, knowledge-
based services (except engineering services), construction
services, medical services, or transportation services that are not
commercial services unless the service acquisition executive of the
military department concerned, the head of the Defense Agency
concerned, the commander of the combatant command concerned, or the
Under Secretary of Defense for Acquisition, Technology, and
Logistics (as applicable) determines in writing that no commercial
services are suitable to meet the agency's needs as provided in
section 2377(c)(2) of title 10, United States Code; and
(2) the head of an agency may not enter into a contract in an
amount above the simplified acquisition threshold and below
$10,000,000 for facilities-related services, knowledge-based
services (except engineering services), construction services,
medical services, or transportation services that are not
commercial services unless the contracting officer determines in
writing that no commercial services are suitable to meet the
agency's needs as provided in section 2377(c)(2) of such title.
SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CONTRACTORS AS
COMMERCIAL ITEMS.
(a) In General.--Chapter 140 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2380B. Treatment of commingled items purchased by contractors as
commercial items
``Notwithstanding 2376(1) of this title, items valued at less than
$10,000 that are purchased by a contractor for use in the performance
of multiple contracts with the Department of Defense and other parties
and are not identifiable to any particular contract shall be treated as
a commercial item for purposed of this chapter.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 2380A the
following new item:

``2380B. Treatment of items purchased prior to release of prime contract
requests for proposals as commercial items.''.
SEC. 878. TREATMENT OF SERVICES PROVIDED BY NONTRADITIONAL
CONTRACTORS AS COMMERCIAL ITEMS.
(a) In General.--Section 2380A of title 10, United States Code, is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) Goods and Services Provided by Nontraditional Defense
Contractors.--Notwithstanding''; and
(2) by adding at the end the following new subsection:
``(b) Services Provided by Certain Nontraditional Contractors.--
Notwithstanding section 2376(1) of this title, services provided by a
business unit that is a nontraditional defense contractor (as that term
is defined in section 2302(9) of this title) shall be treated as
commercial items for purposes of this chapter, to the extent that such
services use the same pool of employees as used for commercial
customers and are priced using methodology similar to methodology used
for commercial pricing.''.
(b) Conforming Amendments.--
(1) Section heading.--Section 2380A of title 10, United States
Code, as amended by subsection (a), is further amended by striking
the section heading and inserting the following:
``Sec. 2380a. Treatment of certain items as commercial items''.
(2) Table of sections.--The table of sections at the beginning
of chapter 140 of title 10, United States Code, is amended by
striking the item relating to section 2380A and inserting the
following new item:

``2380a. Treatment of certain items as commercial items.''.
SEC. 879. DEFENSE PILOT PROGRAM FOR AUTHORITY TO ACQUIRE INNOVATIVE
COMMERCIAL ITEMS, TECHNOLOGIES, AND SERVICES USING GENERAL
SOLICITATION COMPETITIVE PROCEDURES.
(a) Authority.--The Secretary of Defense and the Secretaries of the
military departments may carry out a pilot program, to be known as the
``defense commercial solutions opening pilot program'', under which the
Secretary may acquire innovative commercial items, technologies, and
services through a competitive selection of proposals resulting from a
general solicitation and the peer review of such proposals.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the pilot program under
subsection (a) shall be considered to be use of competitive procedures
for purposes of chapter 137 of title 10, United States Code.
(c) Limitations.--
(1) In general.--The Secretary may not enter into a contract or
agreement under the pilot program for an amount in excess of
$100,000,000 without a written determination from the Under
Secretary for Acquisition, Logistics, and Technology or the
relevant service acquisition executive of the efficacy of the
effort to meet mission needs of the Department of Defense or the
relevant military department.
(2) Fixed-price requirement.--Contracts or agreements entered
into under the program shall be fixed-price, including fixed-price
incentive fee contracts.
(3) Treatment as commercial items.--Notwithstanding section
2376(1) of title 10, United States Code, items, technologies, and
services acquired under the pilot program shall be treated as
commercial items.
(d) Guidance.--Not later than six months after the date of the
enactment of this Act, the Secretary shall issue guidance for the
implementation of the pilot program under this section within the
Department of Defense. Such guidance shall be issued in consultation
with the Director of the Office of Management and Budget and shall be
posted for access by the public.
(e) Congressional Notification Required.--
(1) In general.--Not later than 45 days after the award of a
contract for an amount exceeding $100,000,000 using the authority
in subsection (a), the Secretary of Defense shall notify the
congressional defense committees of such award.
(2) Elements.--Notice of an award under paragraph (1) shall
include the following:
(A) Description of the innovative commercial item,
technology, or service acquired.
(B) Description of the requirement, capability gap, or
potential technological advancement with respect to which the
innovative commercial item, technology, or service acquired
provides a solution or a potential new capability.
(C) Amount of the contract awarded.
(D) Identification of contractor awarded the contract.
(f) Definition.--In this section, the term ``innovative'' means--
(1) any technology, process, or method, including research and
development, that is new as of the date of submission of a
proposal; or
(2) any application that is new as of the date of submission of
a proposal of a technology, process, or method existing as of such
date.
(g) Sunset.--The authority to enter into contracts under the pilot
program shall expire on September 30, 2022.
SEC. 880. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE
COMMERCIAL ITEMS USING GENERAL SOLICITATION COMPETITIVE
PROCEDURES.
(a) Authority.--
(1) In general.--The head of an agency may carry out a pilot
program, to be known as a ``commercial solutions opening pilot
program'', under which innovative commercial items may be acquired
through a competitive selection of proposals resulting from a
general solicitation and the peer review of such proposals.
(2) Head of an agency.--In this section, the term ``head of an
agency'' means the following:
(A) The Secretary of Homeland Security.
(B) The Administrator of General Services.
(3) Applicability of section.--This section applies to the
following agencies:
(A) The Department of Homeland Security.
(B) The General Services Administration.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the pilot program under
subsection (a) shall be considered, in the case of the Department of
Homeland Security and the General Services Administration, to be use of
competitive procedures for purposes of division C of title 41, United
States Code (as defined in section 152 of such title).
(c) Limitation.--The head of an agency may not enter into a
contract under the pilot program for an amount in excess of
$10,000,000.
(d) Guidance.--The head of an agency shall issue guidance for the
implementation of the pilot program under this section within that
agency. Such guidance shall be issued in consultation with the Office
of Management and Budget and shall be posted for access by the public.
(e) Report Required.--
(1) In general.--Not later than three years after the date of
the enactment of this Act, the head of an agency shall submit to
the congressional committees specified in paragraph (3) a report on
the activities the agency carried out under the pilot program.
(2) Elements of report.--Each report under this subsection
shall include the following:
(A) An assessment of the impact of the pilot program on
competition.
(B) A comparison of acquisition timelines for--
(i) procurements made using the pilot program; and
(ii) procurements made using other competitive
procedures that do not use general solicitations.
(C) A recommendation on whether the authority for the pilot
program should be made permanent.
(3) Specified congressional committees.--The congressional
committees specified in this paragraph are the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives.
(f) Innovative Defined.--In this section, the term ``innovative''
means--
(1) any new technology, process, or method, including research
and development; or
(2) any new application of an existing technology, process, or
method.
(g) Termination.--The authority to enter into a contract under a
pilot program under this section terminates on September 30, 2022.

Subtitle G--Industrial Base Matters

SEC. 881. GREATER INTEGRATION OF THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Plan Required.--Not later than January 1, 2018, the Secretary
of Defense shall develop a plan to reduce the barriers to the seamless
integration between the persons and organizations that comprise the
national technology and industrial base (as defined in section 2500 of
title 10, United States Code). The plan shall include at a minimum the
following elements:
(1) A description of the various components of the national
technology and industrial base, including government entities,
universities, nonprofit research entities, nontraditional and
commercial item contractors, and private contractors that conduct
commercial and military research, produce commercial items that
could be used by the Department of Defense, and produce items
designated and controlled under section 38 of the Arms Export
Control Act (also known as the ``United States Munitions List'').
(2) Identification of the barriers to the seamless integration
of the transfer of knowledge, goods, and services among the persons
and organizations of the national technology and industrial base.
(3) Identification of current authorities that could contribute
to further integration of the persons and organizations of the
national technology and industrial base, and a plan to maximize the
use of those authorities.
(4) Identification of changes in export control rules,
procedures, and laws that would enhance the civil-military
integration policy objectives set forth in section 2501(b) of title
10, United States Code, for the national technology and industrial
base to increase the access of the Armed Forces to commercial
products, services, and research and create incentives necessary
for nontraditional and commercial item contractors, universities,
and nonprofit research entities to modify commercial products or
services to meet Department of Defense requirements.
(5) Recommendations for increasing integration of the national
technology and industrial base that supplies defense articles to
the Armed Forces and enhancing allied interoperability of forces
through changes to the text or the implementation of--
(A) section 126.5 of title 22, Code of Federal Regulations
(relating to exemptions that are applicable to Canada under the
International Traffic in Arms Regulations);
(B) the Treaty Between the Government of the United States
of America and the Government of Australia Concerning Defense
Trade Cooperation, done at Sydney on September 5, 2007;
(C) the Treaty Between the Government of the United States
of America and the Government of the United Kingdom of Great
Britain and Northern Ireland Concerning Defense Trade
Cooperation, done at Washington and London on June 21 and 26,
2007; and
(D) any other agreements among the countries comprising the
national technology and industrial base.
(b) Amendment to Definition of National Technology and Industrial
Base.--Section 2500(1) of title 10, United States Code, is amended by
inserting ``, the United Kingdom of Great Britain and Northern Ireland,
Australia,'' after ``United States''.
(c) Reporting Requirement.--The Secretary of Defense shall report
on the progress of implementing the plan in subsection (a) in the
report required under section 2504 of title 10, United States Code.
SEC. 882. INTEGRATION OF CIVIL AND MILITARY ROLES IN ATTAINING
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE OBJECTIVES.
Section 2501(b) of title 10, United States Code, is amended by
striking ``It is the policy of Congress that the United States attain''
and inserting ``The Secretary of Defense shall ensure that the United
States attains''.
SEC. 883. PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR
WEAPON SYSTEMS CONTRACTORS.
(a) Authority.--The Secretary of Defense may carry out a six-year
pilot program under which the Secretary may make available storage and
distribution services support to a contractor in support of the
performance by the contractor of a contract for the production,
modification, maintenance, or repair of a weapon system that is entered
into by the Department of Defense.
(b) Support Contracts.--
(1) In general.--Any storage and distribution services to be
provided under the pilot program under this section to a contractor
in support of the performance of a contract described in subsection
(a) shall be provided under a separate contract that is entered
into by the Director of the Defense Logistics Agency with that
contractor. The requirements of section 2208(h) of title 10, United
States Code, and the regulations prescribed pursuant to such
section shall apply to any such separate support contract between
the Director of the Defense Logistics Agency and the contractor.
(2) Limitation.--Not more than five support contracts between
the Director and the contractor may be awarded under the pilot
program.
(c) Scope of Support and Services.--The storage and distribution
support services that may be provided under this section in support of
the performance of a contract described in subsection (a) are storage
and distribution of materiel and repair parts necessary for the
performance of that contract.
(d) Regulations.--Before exercising the authority under the pilot
program under this section, the Secretary of Defense shall prescribe in
regulations such requirements, conditions, and restrictions as the
Secretary determines appropriate to ensure that storage and
distribution services are provided under the pilot program only when it
is in the best interests of the United States to do so. The regulations
shall include, at a minimum, the following:
(1) A requirement for the solicitation of offers for a contract
described in subsection (a), for which storage and distribution
services are to be made available under the pilot program,
including--
(A) a statement that the storage and distribution services
are to be made available under the authority of the pilot
program under this section to any contractor awarded the
contract, but only on a basis that does not require acceptance
of the support and services; and
(B) a description of the range of the storage and
distribution services that are to be made available to the
contractor.
(2) A requirement for the rates charged a contractor for
storage and distribution services provided to a contractor under
the pilot program to reflect the full cost to the United States of
the resources used in providing the support and services, including
the costs of resources used, but not paid for, by the Department of
Defense.
(3) With respect to a contract described in subsection (a) that
is being performed for a department or agency outside the
Department of Defense, a prohibition, in accordance with applicable
contracting procedures, on the imposition of any charge on that
department or agency for any effort of Department of Defense
personnel or the contractor to correct deficiencies in the
performance of such contract.
(4) A prohibition on the imposition of any charge on a
contractor for any effort of the contractor to correct a deficiency
in the performance of storage and distribution services provided to
the contractor under this section.
(5) A requirement that storage and distribution services
provided under the pilot program may not interfere with the mission
of the Defense Logistics Agency or of any military department
involved with the pilot program.
(6) A requirement that any support contract for storage and
distribution services entered into under the pilot program shall
include a clause to indemnify the Government against any failure by
the contractor to perform the support contract, and to remain
responsible for performance of the primary contract.
(e) Relationship to Treaty Obligations.--The Secretary shall ensure
that the exercise of authority under the pilot program under this
section does not conflict with any obligation of the United States
under any treaty or other international agreement.
(f) Reports.--
(1) Secretary of defense.--Not later than the end of the fourth
year of operation of the pilot program, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report describing--
(A) the cost effectiveness for both the Government and
industry of the pilot program; and
(B) how support contracts under the pilot program affected
meeting the requirements of primary contracts.
(2) Comptroller general.--Not later than the end of the fifth
year of operation of the pilot program, the Comptroller General of
the United States shall review the report of the Secretary under
paragraph (1) for sufficiency and provide such recommendations in a
report to the Committees on Armed Services of the Senate and House
of Representatives as the Comptroller General considers
appropriate.
(g) Sunset.--The authority to enter into contracts under the pilot
program shall expire six years after the date of the enactment of this
Act. Any contracts entered into before such date shall continue in
effect according to their terms.
SEC. 884. NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION
PROTOTYPING PROGRAM.
(a) In General.--The Secretary of Defense shall conduct a pilot
program for nontraditional defense contractors and small business
concerns to design, develop, and demonstrate innovative prototype
military platforms of significant scope for the purpose of
demonstrating new capabilities that could provide alternatives to
existing acquisition programs and assets. The Secretary shall establish
the pilot program within the Departments of the Army, Navy, and Air
Force, the Missile Defense Agency, and the United States Special
Operations Command.
(b) Funding.--There is authorized to be made available $250,000,000
from the Rapid Prototyping Fund established under section 804(d) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2302 note) to carry out the pilot program.
(c) Plan.--
(1) In general.--The Secretary of Defense shall submit to the
congressional defense committees, concurrent with the budget for
the Department of Defense for fiscal year 2018, as submitted to
Congress pursuant to section 1105 of title 31, United States Code,
a plan to fund and carry out the pilot program in future years.
(2) Elements.--The plan submitted under paragraph (1) shall
consider maximizing use of--
(A) broad agency announcements or other merit-based
selection procedures;
(B) the Department of Defense Acquisition Challenge Program
authorized under section 2359b of title 10, United States Code;
(C) the foreign comparative test program;
(D) projects carried out under the Rapid Innovation Program
of the Department of Defense or pursuant to a Phase III
agreement (as defined in section 9(r)(2) of the Small Business
Act (15 U.S.C. 638(r)(2))); and
(E) streamlined procedures for acquisition provided under
section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) and
procedures for alternative acquisition pathways established
under section 805 of such Act (10 U.S.C. 2302 note).
(d) Programs To Be Included.--As part of the pilot program, the
Secretary of Defense shall allocate up to $50,000,000 on a fixed price
contractual basis for fiscal year 2017 or pursuant to the plan
submitted under subsection (c) for demonstrations of the following
capabilities:
(1) Swarming of multiple unmanned air vehicles.
(2) Unmanned, modular fixed-wing aircraft that can be rapidly
adapted to multiple missions and serve as a fifth generation
weapons augmentation platform.
(3) Vertical takeoff and landing tiltrotor aircraft.
(4) Integration of a directed energy weapon on an air, sea, or
ground platform.
(5) Swarming of multiple unmanned underwater vehicles.
(6) Commercial small synthetic aperture radar (SAR) satellites
with on-board machine learning for automated, real-time feature
extraction and predictive analytics.
(7) Active protection system to defend against rocket-propelled
grenades and anti-tank missiles.
(8) Defense against hypersonic weapons, including sensors.
(9) Other systems as designated by the Secretary.
(e) Definitions.--In this section:
(1) Nontraditional defense contractor.--The term
``nontraditional defense contractor'' has the meaning given the
term in section 2302(9) of title 10, United States Code.
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the Small
Business Act (15 U.S.C. 632).
(f) Sunset.--The authority under this section expires at the close
of September 30, 2026.

Subtitle H--Other Matters

SEC. 885. REPORT ON BID PROTESTS.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with an independent research entity that is a not-for-profit
entity or a federally funded research and development center with
appropriate expertise and analytical capability to carry out a
comprehensive study on the prevalence and impact of bid protests on
Department of Defense acquisitions, including protests filed with
contracting agencies, the Government Accountability Office, and the
Court of Federal Claims.
(b) Elements.--The report required by subsection (a) shall cover
Department of Defense contracts and include, at a minimum, the
following elements:
(1) For employees of the Department, including the contracting
officers, program executive officers, and program managers, the
extent and manner in which the bid protest system affects or is
perceived to affect--
(A) the development of a procurement to avoid protests
rather than improve acquisition;
(B) the quality or quantity of pre-proposal discussions,
discussions of proposals, or post-award debriefings;
(C) the decision to use lowest price technically acceptable
procurement methods;
(D) the decision to make multiple awards or encourage
teaming;
(E) the ability to meet an operational or mission need or
address important requirements;
(F) the decision to use sole source award methods; and
(G) the decision to exercise options on existing contracts.
(2) With respect to a company bidding on contracts or task or
delivery orders, the extent and manner in which the bid protest
system affects or is perceived to affect--
(A) the decision to offer a bid or proposal on single award
or multiple award contracts when the company is the incumbent
contractor;
(B) the decision to offer a bid or proposal on single award
or multiple award contracts when the company is not the
incumbent contractor;
(C) the ability to engage in pre-proposal discussions,
discussions of proposals, or post -award debriefings;
(D) the decision to participate in a team or joint venture;
and
(E) the decision to file a protest with the agency
concerned, the Government Accountability Office, or the Court
of Federal Claims.
(3) A description of trends in the number of bid protests filed
with agencies, the Government Accountability Office, and Federal
courts, the effectiveness of each forum for contracts and task or
delivery orders, and the rate of such bid protests compared to
contract obligations and the number of contracts.
(4) An analysis of bid protests filed by incumbent contractors,
including--
(A) the rate at which such protesters are awarded bridge
contracts or contract extensions over the period that the
protest remains unresolved; and
(B) an assessment of the cost and schedule impact of
successful and unsuccessful bid protests filed by incumbent
contractors on contracts for services with a value in excess of
$100,000,000.
(5) A comparison of the number of protests, the values of
contested orders or contracts, and the outcome of protests for--
(A) awards of contracts compared to awards of task or
delivery orders;
(B) contracts or orders primarily for products, compared to
contracts or orders primarily for services;
(C) protests filed pre-award to challenge the solicitation
compared to those filed post-award;
(D) contracts or awards with single protestors compared to
multiple protestors; and
(E) contracts with single awards compared to multiple award
contracts.
(6) An analysis of the number and disposition of protests filed
with the contracting agency.
(7) A description of trends in the number of bid protests filed
as a percentage of contracts and as a percentage of task or
delivery orders awarded during the same period of time, overall and
set forth separately by the value of the contract or order, as
follows:
(A) Contracts valued in excess of $3,000,000,000.
(B) Contracts valued between $500,000,000 and
$3,000,000,000.
(C) Contracts valued between $50,000,000 and $500,000,000.
(D) Contracts valued between $10,000,000 and $50,000,000.
(E) Contracts valued under $10,000,000.
(8) An assessment of the cost and schedule impact of successful
and unsuccessful bid protests filed on contracts valued in excess
of $3,000,000,000.
(9) An analysis of how often protestors are awarded the
contract that was the subject of the bid protest.
(10) A summary of the results of protests in which the
contracting agencies took unilateral corrective action, including--
(A) at what point in the bid protest process the agency
agreed to take corrective action;
(B) the average time for remedial action to be completed;
and
(C) a determination regarding--
(i) whether or to what extent the decision to take the
corrective action was a result of a determination by the
agency that there had been a probable violation of law or
regulation; or
(ii) whether or to what extent such corrective action
was a result of some other factor.
(11) A description of the time it takes agencies to implement
corrective actions after a ruling or decision, and the percentage
of those corrective actions that are subsequently protested,
including the outcome of any subsequent protest.
(12) An analysis of those contracts with respect to which a
company files a protest (referred to as the ``initial protest'')
and later files another protest (referred to as the ``subsequent
protest''), analyzed by the forum of the initial protest and the
subsequent protest, including any difference in the outcome,
between the forums.
(13) An analysis of the effect of the quantity and quality of
debriefings on the frequency of bid protests.
(14) An analysis of the time spent at each phase of the
procurement process attempting to prevent a protest, addressing a
protest, or taking corrective action in response to a protest,
including the efficacy of any actions attempted to prevent the
occurrence of a protest.
(c) Briefing.--Not later than March 1, 2017, the Secretary, or his
designee, shall brief the Committees on Armed Services of the Senate
and House of Representatives on interim findings of the independent
entity.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the independent entity that conducts the study
under subsection (a) shall provide to the Secretary of Defense and the
congressional defense committees a report on the results of the study,
along with any related recommendations.
SEC. 886. REVIEW AND REPORT ON INDEFINITE DELIVERY CONTRACTS.
(a) Report.--The Comptroller General of the United States shall
deliver, not later than March 31, 2018, a report to Congress on the use
by the Department of Defense of indefinite delivery contracts entered
into during fiscal years 2015, 2016, and 2017.
(b) Elements.--The report under subsection (a) shall address, at a
minimum, the following:
(1) A review of Department of Defense policies for entering
into and using indefinite delivery contracts, including
requirements for competition, as well as the guidance, if any, on
the appropriate number of vendors that should receive multiple
award indefinite delivery contracts.
(2) The number and value of all indefinite delivery contracts
entered into by the Department of Defense, including the number and
value of such contracts entered into with a single vendor.
(3) An assessment of the number and value of indefinite
delivery contracts entered into by the Department of Defense that
included competition between multiple vendors.
(4) Selected case studies of indefinite delivery contracts,
including an assessment of whether any such contracts may have
limited future opportunities for competition for the services or
items required.
(5) Recommendations for potential changes to current law or
Department of Defense acquisition regulations or guidance to
promote competition with respect to indefinite delivery contracts.
SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVISIONS.
(a) Review Required.--The Secretary of Defense shall conduct a
review of contractual flow-down provisions related to major defense
acquisition programs on contractors and suppliers, including small
businesses, contractors for commercial items, nontraditional defense
contractors, universities, and not-for-profit research institutions.
The review shall--
(1) identify the flow-down provisions that exist in the Federal
Acquisition Regulation and the Defense Federal Acquisition
Regulation Supplement;
(2) identify the flow-down provisions that are critical for
national security;
(3) examine the extent to which clauses in contracts with the
Department of Defense are being applied inappropriately in
subcontracts under the contracts;
(4) assess the applicability of flow-down provisions for the
purchase of commodity items that are acquired in bulk for multiple
acquisition programs;
(5) determine the unnecessary costs or burdens, if any, of
flow-down provisions on the supply chain;
(6) determine the effect, if any, of flow-down provisions on
the participation rate of small businesses, contractors for
commercial items, nontraditional defense contractors, universities,
and not-for-profit research organizations in defense acquisition
efforts; and
(7) determine the effect, if any, of flow-down provisions on
Department of Defense access to advanced research and technology
capabilities available in the private sector.
(b) Contract.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into a
contract with an independent entity with appropriate expertise to
conduct the review required by subsection (a).
(c) Report.--Not later than August 1, 2017, the Secretary shall
submit to the congressional defense committees a report on the findings
of the independent entity, along with a description of any actions that
the Secretary proposes to address the findings of the independent
entity.
SEC. 888. REQUIREMENT AND REVIEW RELATING TO USE OF BRAND NAMES OR
BRAND-NAME OR EQUIVALENT DESCRIPTIONS IN SOLICITATIONS.
(a) Requirement.--The Secretary of Defense shall ensure that
competition in Department of Defense contracts is not limited through
the use of specifying brand names or brand-name or equivalent
descriptions, or proprietary specifications or standards, in
solicitations unless a justification for such specification is provided
and approved in accordance with section 2304(f) of title 10, United
States Code.
(b) Review of Anti-competitive Specifications in Information
Technology Acquisitions.--
(1) Review required.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall conduct a review of
the policy, guidance, regulations, and training related to
specifications included in information technology acquisitions to
ensure current policies eliminate the unjustified use of
potentially anti-competitive specifications. In conducting the
review, the Under Secretary shall examine the use of brand names or
proprietary specifications or standards in solicitations for
procurements of goods and services, as well as the current
acquisition training curriculum related to those areas.
(2) Briefing required.--Not later than 270 days after the date
of the enactment of this Act, the Under Secretary shall provide a
briefing to the Committees on Armed Services of the Senate and
House of Representatives on the results of the review required by
paragraph (1).
(3) Additional guidance.--Not later than one year after the
date of the enactment of this Act, the Under Secretary shall revise
policies, guidance, and training to incorporate such
recommendations as the Under Secretary considers appropriate from
the review required by paragraph (1).
SEC. 889. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR SUSTAINING
BID PROTESTS IN ANNUAL GOVERNMENT ACCOUNTABILITY OFFICE REPORTS
TO CONGRESS.
The Comptroller General of the United States shall include in the
annual report to Congress on the Government Accountability Office each
year a list of the most common grounds for sustaining protests relating
to bids for contracts during such year.
SEC. 890. STUDY AND REPORT ON CONTRACTS AWARDED TO MINORITY-OWNED
AND WOMEN-OWNED BUSINESSES.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the number and types of contracts for the
procurement of goods or services for the Department of Defense awarded
to minority-owned and women-owned businesses during fiscal years 2010
through 2015. In conducting the study, the Comptroller General shall
identify minority-owned businesses according to the categories
identified in the Federal Procurement Data System (described in section
1122(a)(4)(A) of title 41, United States Code).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the congressional
defense committees a report on the results of the study under
subsection (a).
SEC. 891. AUTHORITY TO PROVIDE REIMBURSABLE AUDITING SERVICES TO
CERTAIN NON-DEFENSE AGENCIES.
Section 893(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2313 note) is amended--
(1) in paragraph (1), by inserting ``except as provided in
paragraph (2),'' after ``this Act,''; and
(2) by amending paragraph (2) to read as follows:
``(2) Exception for national nuclear security administration.--
Notwithstanding paragraph (1), the Defense Contract Audit Agency
may provide audit support on a reimbursable basis for the National
Nuclear Security Administration.''.
SEC. 892. SELECTION OF SERVICE PROVIDERS FOR AUDITING SERVICES AND
AUDIT READINESS SERVICES.
The Department of Defense shall select service providers for
auditing services and audit readiness services based on the best value
to the Department, as determined by the resource sponsor for an
auditing contract, rather than based on the lowest price technically
acceptable service provider.
SEC. 893. AMENDMENTS TO CONTRACTOR BUSINESS SYSTEM REQUIREMENTS.
(a) Business System Requirements.--Section 893 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 10 U.S.C. 2302 note) is amended in subsection (b)(1), by
striking ``system requirements'' and inserting ``clear and specific
business system requirements that are identified and made publicly
available''.
(b) Third-party Independent Auditor Reviews.--Section 893 of such
Act is further amended--
(1) by redesignating subsections (c), (d), (e), (f), and (g) as
subsections (d), (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Review by Third-party Independent Auditors.--The review
process for contractor business systems pursuant to subsection (b)(2)
shall--
``(1) if a registered public accounting firm attests to the
internal control assessment of a contractor, pursuant to section
404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), allow
the contractor, subject to paragraph (3), to submit certified
documentation from such registered public accounting firm that the
contractor business systems of the contractor meet the business
system requirements referred to in subsection (b)(1) and to thereby
eliminate the need for further review of the contractor business
systems by the Secretary of Defense;
``(2) limit the review, subject to paragraph (3), of the
contractor business systems of a contractor that is not a covered
contractor to confirming that the contractor uses the same
contractor business system for its Government and commercial work
and that the outputs of the contractor business system based on
statistical sampling are reasonable; and
``(3) allow a milestone decision authority to require a review
of a contractor business system of a contractor that submits
documentation pursuant to paragraph (1) or that is not a covered
contractor after determining in writing that such a review is
necessary to appropriately manage contractual risk.''.
(c) Amendment to Definition of Covered Contractor.--Section 893 of
such Act is further amended in subsection (g), as so redesignated, by
striking ``means a contractor'' and all that follows and inserting
``means a contractor that has covered contracts with the United States
Government accounting for greater than 1 percent of its total gross
revenue, except that the term does not include any contractor that is
exempt, under section 1502 of title 41, United States Code, or
regulations implementing that section, from using full cost accounting
standards established in that section.''.
(d) Repeal of Obsolete Deadline.--Section 893 of such Act is
further amended in subsection (a) by striking ``Not later than 270 days
after the date of the enactment of this Act, the'' and inserting
``The''.
SEC. 894. 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. 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 and auditing officials are provided guidance and
training on the flexible use and tailoring of authorities under the
pilot program to maximize efficiency and effectiveness.''.
SEC. 897. RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPARTMENTS.
Section 804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note), as amended by
section 864 of this Act, is further amended--
(1) in the subsection heading, by striking ``Fund'' and
inserting ``Funds'';
(2) in paragraph (1), by striking ``In general.--The
Secretary'' and inserting the following: ``Department of defense
rapid prototyping fund.--
``(A) In general.--The Secretary'';
(3) by redesignating paragraphs (2) and (3) as subparagraphs
(B) and (C), respectively, and moving such subparagraphs, as so
redesignated, two ems to the right;
(4) in subparagraph (B), as redesignated by paragraph (3), by
striking ``this subsection'' and inserting ``this paragraph''; and
(5) by inserting after paragraph (1) the following new
paragraph:
``(2) Rapid prototyping funds for the military departments.--
The Secretary of each military department may establish a military
department-specific fund (and, in the case of the Secretary of the
Navy, including the Marine Corps) to provide funds, in addition to
other funds that may be available to the military department
concerned, for acquisition programs under the rapid fielding and
prototyping pathways established pursuant to this section. Each
military department-specific fund shall consist of amounts
appropriated or credited to the fund.''.
SEC. 898. ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE AND
ABILITYONE CONTRACTING OVERSIGHT, ACCOUNTABILITY, AND INTEGRITY;
DEFENSE ACQUISITION UNIVERSITY TRAINING.
(a) Establishment of Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability, and Integrity.--
(1) In general.--The Secretary of Defense shall establish a
panel to be known as the ``Panel on Department of Defense and
AbilityOne Contracting Oversight, Accountability, and Integrity''
(hereafter in this section referred to as the ``Panel''). The Panel
shall be supported by the Defense Acquisition University,
established under section 1746 of title 10, United States Code, and
the National Defense University, including administrative support.
(2) Composition.--The Panel shall be composed of the following:
(A) A representative of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, who shall be the
chairman of the Panel.
(B) A representative from the AbilityOne Commission.
(C) A representative of the service acquisition executive
of each military department and Defense Agency (as such terms
are defined, respectively, in section 101 of title 10, United
States Code).
(D) A representative of the Under Secretary of Defense
(Comptroller).
(E) A representative of the Inspector General of the
Department of Defense and the AbilityOne Commission.
(F) A representative from each of the Army Audit Agency,
the Navy Audit Service, the Air Force Audit Agency, and the
Defense Contract Audit Agency.
(G) The President of the Defense Acquisition University, or
a designated representative.
(H) One or more subject matter experts on veterans
employment from a veterans service organization.
(I) A representative of the Commission Directorate of
Veteran Employment of the AbilityOne Commission whose duties
include maximizing opportunities to employ significantly
disabled veterans in accordance with the regulations of the
AbilityOne Commission.
(J) One or more representatives from the Department of
Justice who are subject matter experts on compliance with
disability rights laws applicable to contracts of the
Department of Defense and the AbilityOne Commission.
(K) One or more representatives from the Department of
Justice who are subject matter experts on Department of Defense
contracts, Federal Prison Industries, and the requirements of
the Javits-Wagner-O'Day Act.
(L) Such other representatives as may be determined
appropriate by the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(b) Meetings.--The Panel shall meet as determined necessary by the
chairman of the Panel, but not less often than once every three months.
(c) Duties.--The Panel shall--
(1) review the status of and progress relating to the
implementation of the recommendations of report number DODIG-2016-
097 of the Inspector General of the Department of Defense titled
``DoD Generally Provided Effective Oversight of AbilityOne
Contracts'', published on June 17, 2016;
(2) recommend actions the Department of Defense and the
AbilityOne Commission may take to eliminate waste, fraud, and abuse
with respect to contracts of the Department of Defense and the
AbilityOne Commission;
(3) recommend actions the Department of Defense and the
AbilityOne Commission may take to ensure opportunities for the
employment of significantly disabled veterans and the blind and
other severely disabled individuals;
(4) recommend changes to law, regulations, and policy that the
Panel determines necessary to eliminate vulnerability to waste,
fraud, and abuse with respect to the performance of contracts of
the Department of Defense;
(5) recommend criteria for veterans with disabilities to be
eligible for employment opportunities through the programs of the
AbilityOne Commission that considers the definitions of disability
used by the Secretary of Veterans Affairs and the AbilityOne
Commission;
(6) recommend ways the Department of Defense and the AbilityOne
Commission may explore opportunities for competition among
qualified nonprofit agencies or central nonprofit agencies and
ensure an equitable selection and allocation of work to qualified
nonprofit agencies;
(7) recommend changes to business practices, information
systems, and training necessary to ensure that--
(A) the AbilityOne Commission complies with regulatory
requirements related to the establishment and maintenence of
the procurement list established pursuant to section 8503 of
title 41, United States Code; and
(B) the Department of Defense complies with the statutory
and regulatory requirements for use of such procurement list;
and
(8) any other duties determined necessary by the Secretary of
Defense.
(d) Consultation.--To carry out the duties described in subsection
(c), the Panel may consult or contract with other executive agencies
and with experts from qualified nonprofit agencies or central nonprofit
agencies on--
(1) compliance with disability rights laws applicable to
contracts of the Department of Defense and the AbilityOne
Commission;
(2) employment of significantly disabled veterans; and
(3) vocational rehabilitation.
(e) Authority.--To carry out the duties described in subsection
(c), the Panel may request documentation or other information needed
from the AbilityOne Commission, central nonprofit agencies, and
qualified nonprofit agencies.
(f) Panel Recommendations and Milestone Dates.--
(1) Milestone dates for implementing recommendations.--After
consulting with central nonprofit agencies and qualified nonprofit
agencies, the Panel shall suggest milestone dates for the
implementation of the recommendations made under subsection (c) and
shall notify the congressional defense committees, the Committee on
Oversight and Government Reform of the House of Representatives,
the Committee on Homeland Security and Governmental Affairs of the
Senate, qualified nonprofit agencies, and central nonprofit
agencies of such dates.
(2) Notification of implementation of recommendations.--After
the establishment of milestone dates under paragraph (1), the Panel
may review the activities, including contracts, of the AbilityOne
Commission, the central nonprofit agencies, and the relevant
qualified nonprofit agencies to determine if the recommendations
made under subsection (c) are being substantially implemented in
good faith by the AbilityOne Commission or such agencies. If the
Panel determines that the AbilityOne Commission or any such agency
is not implementing the recommendations, the Panel shall notify the
Secretary of Defense, the congressional defense committees, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(g) Remedies.--
(1) In general.--Upon receiving notification under subsection
(f)(2) and subject to the limitation in paragraph (2), the
Secretary of Defense may take one of the following actions:
(A) With respect to a notification relating to the
AbilityOne Commission, the Secretary may suspend compliance
with the requirement to procure a product or service in section
8504 of title 41, United States Code, until the date on which
the Secretary notifies Congress, in writing, that the
AbilityOne Commission is substantially implementing the
recommendations made under subsection (c).
(B) With respect to a notification relating to a qualified
nonprofit agency, the Secretary may terminate a contract with
such agency that is in existence on the date of receipt of such
notification, or elect to not enter into a contract with such
agency after such date, until the date on which the AbilityOne
Commission certifies to the Secretary that such agency is
substantially implementing the recommendations made under
subsection (c).
(C) With respect to a notification relating to a central
nonprofit agency, the Secretary may include a term in a
contract entered into after the date of receipt of such
notification with a qualified nonprofit agency that is under
such central nonprofit agency that states that such qualified
nonprofit agency shall not pay a fee to such central nonprofit
agency until the date on which the AbilityOne Commission
certifies to the Secretary that such central nonprofit agency
is substantially implementing the recommendations made under
subsection (c).
(2) Limitation.--If the Secretary of Defense takes any of the
actions described in paragraph (1), the Secretary shall coordinate
with the AbilityOne Commission or the relevant central nonprofit
agency, as appropriate, to fully implement the recommendations made
under subsection (c). On the date on which such recommendations are
fully implemented, the Secretary shall notify Congress, in writing,
and the Secretary's authority under paragraph (1) shall terminate.
(h) Progress Reports.--
(1) Consultation on recommendations.--Before submitting the
progress report required under paragraph (2), the Panel shall
consult with the AbilityOne Commission on draft recommendations
made pursuant to subsection (c). The Panel shall include any
recommendations of the AbilityOne Commission in the progress report
submitted under paragraph (2).
(2) Progress report.--Not later than 180 days after the date of
the enactment of this Act, the Panel shall submit to the Secretary
of Defense, the Chairman of the AbilityOne Commission, the
congressional defense committees, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a progress report on the activities of the Panel.
(i) Annual Report.--
(1) Consultation on report.--Before submitting the annual
report required under paragraph (2), the Panel shall consult with
the AbilityOne Commission on the contents of the report. The Panel
shall include any recommendations of the AbilityOne Commission in
the report submitted under paragraph (2).
(2) Report.--Not later than September 30, 2017, and annually
thereafter for the next three years, the Panel shall submit to the
Secretary of Defense, the Chairman of the AbilityOne Commission,
the congressional defense committees, the Committee on Oversight
and Government Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes--
(A) a summary of findings and recommendations for the year
covered by the report;
(B) a summary of the progress of the relevant qualified
nonprofit agencies or central nonprofit agencies in
implementing recommendations of the previous year's report, if
applicable;
(C) an examination of the current structure of the
AbilityOne Commission to eliminate waste, fraud, and abuse and
to ensure contracting integrity and accountability for any
violations of law or regulations;
(D) recommendations for any changes to the acquisition and
contracting practices of the Department of Defense and the
AbilityOne Commission to improve the delivery of goods and
services to the Department of Defense; and
(E) recommendations for administrative safeguards to ensure
the Department of Defense and the AbilityOne Commission are in
compliance with the requirements of the Javits-Wagner-O'Day
Act, Federal civil rights law, and regulations and policy
related to the performance of contracts of the Department of
Defense with qualified nonprofit agencies and the contracts of
the AbilityOne Commission with central nonprofit agencies.
(j) Sunset.--The Panel shall terminate on the date of submission of
the last annual report required under subsection (i).
(k) Inapplicability of FACA.--The requirements of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel
established pursuant to subsection (a).
(l) Defense Acquisition University Training.--
(1) In general.--The Secretary of Defense shall establish a
training program at the Defense Acquisition University established
under section 1746 of title 10, United States Code. Such training
shall include--
(A) information about--
(i) the mission of the AbilityOne Commission;
(ii) the employment of significantly disabled veterans
through contracts from the procurement list maintained by
the AbilityOne Commission;
(iii) reasonable accommodations and accessibility
requirements for the blind and other severely disabled
individuals; and
(iv) Executive orders and other subjects related to the
blind and other severely disabled individuals, as
determined by the Secretary of Defense; and
(B) procurement, acquisition, program management, and other
training specific to procuring goods and services for the
Department of Defense pursuant to the Javits-Wagner-O'Day Act.
(2) Acquisition workforce assignment.--Members of the
acquisition workforce (as defined in section 101 of title 10,
United States Code) who have participated in the training described
in paragraph (1) are eligible for a detail to the AbilityOne
Commission.
(3) Abilityone commission assignment.--Career employees of the
AbilityOne Commission may participate in the training program
described in paragraph (1) on a non-reimbursable basis for up to
three years and on a non-reimbursable or reimbursable basis
thereafter.
(4) Funding.--Amounts from the Department of Defense
Acquisition Workforce Development Fund established under section
1705 of title 10, United States Code, are authorized for use for
the detail of members of the acquisition workforce to the
AbilityOne Commission.
(m) Definitions.--In this section:
(1) The term ``AbilityOne Commission'' means the Committee for
Purchase From People Who Are Blind or Severely Disabled established
under section 8502 of title 41, United States Code.
(2) The terms ``blind'', ``qualified nonprofit agency for the
blind'', ``qualified nonprofit agency for other severely
disabled'', and ``severely disabled individual'' have the meanings
given such terms under section 8501 of such title.
(3) The term ``central nonprofit agency'' means a central
nonprofit agency designated under section 8503(c) of such title.
(4) The term ``executive agency'' has the meaning given such
term in section 133 of such title.
(5) The term ``Javits-Wagner-O'Day Act'' means chapter 85 of
such title.
(6) The term ``qualified nonprofit agency'' means--
(A) a qualified nonprofit agency for the blind; or
(B) a qualified nonprofit agency for other severely
disabled.
(7) The term ``significantly disabled veteran'' means a veteran
(as defined in section 101 of title 38, United States Code) who is
a severely disabled individual.
SEC. 899. COAST GUARD MAJOR ACQUISITION PROGRAMS.
(a) Functions of Chief Acquisition Officer.--Section 56(c) of title
14, United States Code, is amended by striking ``and'' after the
semicolon at the end of paragraph (8), striking the period at the end
of paragraph (9) and inserting ``; and'', and adding at the end the
following:
``(10)(A) keeping the Commandant informed of the progress of
major acquisition programs (as that term is defined in section
581);
``(B) informing the Commandant on a continuing basis of any
developments on such programs that may require new or revisited
trade-offs among cost, schedule, technical feasibility, and
performance, including--
``(i) significant cost growth or schedule slippage; and
``(ii) requirements creep (as that term is defined in
section 2547(c)(1) of title 10); and
``(C) ensuring that the views of the Commandant regarding such
programs on cost, schedule, technical feasibility, and performance
trade-offs are strongly considered by program managers and program
executive officers in all phases of the acquisition process.''.
(b) Customer Service Mission of Directorate.--
(1) In general.--Chapter 15 of title 14, United States Code, is
amended--
(A) in section 561(b)--
(i) in paragraph (1), by striking ``; and'' and
inserting a semicolon;
(ii) in paragraph (2), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(3) to meet the needs of customers of major acquisition
programs in the most cost-effective manner practicable.'';
(B) in section 562, by repealing subsection (b) and
redesignating subsections (c), (d), (f), and (g) as subsections
(b), (c), (d), and (e), respectively;
(C) in section 563, by striking ``Not later than 180 days
after the date of enactment of the Coast Guard Authorization
Act of 2010, the Commandant shall commence implementation of''
and inserting ``The Commandant shall maintain'';
(D) by adding at the end of section 564 the following:
``(c) Acquisition of Unmanned Aerial Systems.--
``(1) In general.--During any fiscal year for which funds are
appropriated for the design or construction of the Offshore Patrol
Cutter, the Commandant--
``(A) may not award a contract for design of an unmanned
aerial system for use by the Coast Guard; and
``(B) may acquire an unmanned aerial system only--
``(i) if such a system has been acquired by, or has
been used by, the Department of Defense or the Department
of Homeland Security, or a component thereof, before the
date on which the Commandant acquires the system; and
``(ii) through an agreement with such a department or
component, unless the unmanned aerial system can be
obtained at less cost through independent contract action.
``(2) Limitations on application.--
``(A) Small unmanned aerial systems.--The limitations in
paragraph (1)(B) do not apply to any small unmanned aerial
system that consists of--
``(i) an unmanned aircraft weighing less than 55 pounds
on takeoff, including all components and equipment on board
or otherwise attached to the aircraft; and
``(ii) associated elements (including communication
links and the components that control such aircraft) that
are required for the safe and efficient operation of such
aircraft.
``(B) Previously funded systems.--The limitations in
paragraph (1) do not apply to the design or acquisition of an
unmanned aerial system for which funds for research,
development, test, and evaluation have been received from the
Department of Defense or the Department of Homeland Security'';
(E) in subchapter II, by adding at the end the following:
``Sec. 578. Role of Vice Commandant in major acquisition programs
``The Vice Commandant--
``(1) shall represent the customer of a major acquisition
program with regard to trade-offs made among cost, schedule,
technical feasibility, and performance with respect to such
program; and
``(2) shall advise the Commandant in decisions regarding the
balancing of resources against priorities, and associated trade-
offs referred to in paragraph (1), on behalf of the customer of a
major acquisition program.
``Sec. 579. Extension of major acquisition program contracts
``(a) In General.--Notwithstanding section 564(a)(2) of this title
and section 2304 of title 10, and subject to subsections (b) and (c) of
this section, the Secretary may acquire additional units procured under
a Coast Guard major acquisition program contract, by extension of such
contract without competition, if the Director of the Cost Analysis
Division of the Department of Homeland Security determines that the
costs that would be saved through award of a new contract in accordance
with such sections would not exceed the costs of such an award.
``(b) Limitation on Number of Additional Units.--The number of
additional units acquired under a contract extension under this section
may not exceed the number of additional units for which such
determination is made.
``(c) Determination of Costs Upon Request.--The Director of the
Cost Analysis Division of the Department of Homeland Security shall, at
the request of the Secretary, determine for purposes of this section--
``(1) the costs that would be saved through award of a new
major acquisition program contract in accordance with section
564(a)(2) for the acquisition of a number of additional units
specified by the Secretary; and
``(2) the costs of such award, including the costs that would
be incurred due to acquisition schedule delays and asset design
changes associated with such award.
``(d) Number of Extensions.--A contract may be extended under this
section more than once.''; and
(F) in section 581--
(i) by redesignating paragraphs (7) through (10) as
paragraphs (9) through (12), respectively, and by
redesignating paragraphs (3) through (6) as paragraphs (4)
through (7), respectively;
(ii) by inserting after paragraph (2) the following:
``(3) Customer of a major acquisition program.--The term
`customer of a major acquisition program' means the operating field
unit of the Coast Guard that will field the system or systems
acquired under a major acquisition program.''; and
(iii) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Major acquisition program.--The term `major acquisition
program' means an ongoing acquisition undertaken by the Coast Guard
with a life-cycle cost estimate greater than or equal to
$300,000,000.''.
(2) Clerical amendment.--The analysis at the beginning of such
chapter is amended by adding at the end of the items relating to
subchapter II the following:

``578. Role of Vice Commandant in major acquisition programs.
``579. Extension of major acquisition program contracts.''.

(c) Review Required.--
(1) Requirement.--The Commandant of the Coast Guard shall
conduct a review of--
(A) the authorities provided to the Commandant in chapter
15 of title 14, United States Code, and other relevant statutes
and regulations related to Coast Guard acquisitions, including
developing recommendations to ensure that the Commandant plays
an appropriate role in the development of requirements,
acquisition processes, and the associated budget practices;
(B) implementation of the strategy prepared in accordance
with section 562(b)(2) of title 14, United States Code, as in
effect before the enactment of the National Defense
Authorization Act for Fiscal Year 2017; and
(C) acquisition policies, directives, and regulations of
the Coast Guard to ensure such policies, directives, and
regulations establish a customer-oriented acquisition system.
(2) Report.--Not later than March 1, 2017, the Commandant shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing, at a minimum,
the following:
(A) The recommendations developed by the Commandant under
paragraph (1) and other results of the review conducted under
such paragraph.
(B) The actions the Commandant is taking, if any, within
the Commandant's existing authority to implement such
recommendations.
(3) Modification of policies, directives, and regulations.--Not
later than one year after the date of the enactment of this Act,
the Commandant of the Coast Guard shall modify the acquisition
policies, directives, and regulations of the Coast Guard as
necessary to ensure the development and implementation of a
customer-oriented acquisition system, pursuant to the review under
paragraph (1)(C).
(d) Analysis of Using Multiyear Contracting.--
(1) In general.--No later than one year after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate an analysis of the use of multiyear contracting, including
procurement authority provided under section 2306b of title 10,
United States Code, and authority similar to that granted to the
Navy under section 121(b) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648) and
section 150 of the Continuing Appropriations Act, 2011 (Public Law
111-242; 124 Stat. 3519), to acquire any combination of at least
five--
(A) Fast Response Cutters, beginning with hull 43; and
(B) Offshore Patrol Cutters, beginning with hull 5.
(2) Contents.--The analysis under paragraph (1) shall include
the costs and benefits of using multiyear contracting, the impact
of multiyear contracting on delivery timelines, and whether the
acquisitions examined would meet the tests for the use of multiyear
procurement authorities.
SEC. 899A. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED
IN AFRICA IN SUPPORT OF CERTAIN ACTIVITIES.
(a) In General.--Except as provided in subsection (c), in the case
of a product or service to be acquired in support of covered activities
in a covered African country for which the Secretary of Defense makes a
determination described in subsection (b), the Secretary may conduct a
procurement in which--
(1) competition is limited to products or services from the
host nation;
(2) a preference is provided for products or services from the
host nation; or
(3) a preference is provided for products or services from a
covered African country, other than the host nation.
(b) Determination.--
(1) In general.--A determination described in this subsection
is a determination by the Secretary of any of the following:
(A) That the product or service concerned is to be used
only in support of covered activities.
(B) That it is in the national security interests of the
United States to limit competition or provide a preference as
described in subsection (a) because such limitation or
preference is necessary--
(i) to reduce overall United States transportation
costs and risks in shipping products in support of
operations, exercises, theater security cooperation
activities, and other missions in the African region;
(ii) to reduce delivery times in support of covered
activities; or
(iii) to promote regional security and stability in
Africa.
(C) That the product or service is of equivalent quality to
a product or service that would have otherwise been acquired
without such limitation or preference.
(2) Requirement for effectiveness of any particular
determination.--A determination under paragraph (1) shall not be
effective for purposes of a limitation or preference under
subsection (a) unless the Secretary also determines that--
(A) the limitation or preference will not adversely
affect--
(i) United States military operations or stability
operations in the African region; or
(ii) the United States industrial base; and
(B) in the case of air transportation, an air carrier
holding a certificate under section 41102 of title 49, United
States Code, is not reasonably available to provide the air
transportation.
(c) Inapplicability of Authority to Procurement of Items on
Abilityone Procurement Catalog.--The authority under subsection (a) may
not be used for the procurement of any good that is contained in the
procurement list described in section 8503(a) of title 41, United
States Code, if such good can be produced and delivered by a qualified
non profit agency for the blind or a nonprofit agency for other
severely disabled in a timely fashion to support mission requirements.
(d) Report on Use of Authority.--Not later than December 31, 2017,
the Secretary shall submit to the congressional defense committees a
report on the use of the authority in subsection (a). The report shall
include, but not be limited to, the following:
(1) The number of determinations made by the Secretary pursuant
to subsection (b).
(2) A list of the countries providing products or services as a
result of determinations made pursuant to subsection (b).
(3) A description of the products and services acquired using
the authority.
(4) The extent to which the use of the authority has met the
one or more of the objectives specified in clause (i), (ii), or
(iii) of subsection (b)(1)(B).
(5) Such recommendations for improvements to the authority as
the Secretary considers appropriate.
(6) Such other matters as the Secretary considers appropriate.
(e) Definitions.--In this section:
(1) Covered activities.--The term ``covered activities'' means
Department of Defense activities in the African region or a
regional neighbor.
(2) Covered african country.--The term ``covered African
country'' means a country in Africa that has signed a long-term
agreement with the United States related to the basing or
operational needs of the United States Armed Forces.
(3) Host nation.--The term ``host nation'' means a nation that
allows the Armed Forces and supplies of the United States to be
located on, to operate in, or to be transported through its
territory.
(4) Product or service of a covered african country.--The term
``product or service of a covered African country'' means the
following:
(A) A product from a covered African country that is wholly
grown, mined, manufactured, or produced in the covered African
country.
(B) A service from a covered African country that is
performed by a person or entity that--
(i) is properly licensed or registered by appropriate
authorities of the covered African country; and
(ii) as determined by the Chief of Mission concerned--

(I) is operating primarily in the covered African
country; or
(II) is making a significant contribution to the
economy of the covered African country through payment
of taxes or use of products, materials, or labor that
are primarily grown, mined, manufactured, produced, or
sourced from the covered African country.

(f) Conforming Amendment.--Section 1263 of the National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3581) is repealed.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Office of the Secretary of Defense and Related Matters

Subtitle B--Organization and Management of the Department of Defense
Generally

Subtitle C--Joint Chiefs of Staff and Combatant Command Matters

Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements

Subtitle E--Strategies, Reports, and Related Matters

Subtitle F--Other Matters

Subtitle A--Office of the Secretary of Defense and Related Matters

SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE.
(a) Under Secretary of Defense for Research and Engineering.--
(1) In general.--Effective on February 1, 2018, chapter 4 of
title 10, United States Code, is amended by striking section 133
and inserting the following new section:
``Sec. 133a. Under Secretary of Defense for Research and Engineering
``(a) Under Secretary of Defense.--There is an Under Secretary of
Defense for Research and Engineering, appointed from civilian life by
the President, by and with the advice and consent of the Senate. The
Under Secretary shall be appointed from among persons who have an
extensive technology, science, or engineering background and experience
with managing complex or advanced technological programs. A person may
not be appointed as Under Secretary within seven years after relief
from active duty as a commissioned officer of a regular component of an
armed force.
``(b) Duties and Powers.--Subject to the authority, direction, and
control of the Secretary of Defense, the Under Secretary shall perform
such duties and exercise such powers as the Secretary may prescribe,
including--
``(1) serving as the chief technology officer of the Department
of Defense with the mission of advancing technology and innovation
for the armed forces (and the Department);
``(2) establishing policies on, and supervising, all defense
research and engineering, technology development, technology
transition, prototyping, experimentation, and developmental testing
activities and programs, including the allocation of resources for
defense research and engineering, and unifying defense research and
engineering efforts across the Department; and
``(3) serving as the principal advisor to the Secretary on all
research, engineering, and technology development activities and
programs in the Department.
``(c) Precedence in Department of Defense.--
``(1) Precedence in matters of responsibility.--With regard to
all matters for which the Under Secretary has responsibility by the
direction of the Secretary of Defense or by law, the Under
Secretary takes precedence in the Department of Defense after the
Secretary and the Deputy Secretary of Defense.
``(2) Precedence in other matters.--With regard to all matters
other than the matters for which the Under Secretary has
responsibility by the direction of the Secretary or by law, the
Under Secretary takes precedence in the Department of Defense after
the Secretary, the Deputy Secretary, and the Secretaries of the
military departments.''.
(2) Service of incumbent usd for atl in position.--The
individual serving as Under Secretary of Defense for Acquisition,
Technology, and Logistics under section 133 of title 10, United
States Code, as of February 1, 2018, may continue to serve as Under
Secretary of Defense for Research and Engineering commencing as of
that date, without further appointment under section 133a of such
title, as added by paragraph (1).
(b) Under Secretary of Defense for Acquisition and Sustainment.--
Effective on February 1, 2018, chapter 4 of title 10, United States
Code, is further amended by inserting after section 133a, as added by
subsection (a), the following new section:
``Sec. 133b. Under Secretary of Defense for Acquisition and Sustainment
``(a) Under Secretary of Defense.--There is an Under Secretary of
Defense for Acquisition and Sustainment, appointed from civilian life
by the President, by and with the advice and consent of the Senate. The
Under Secretary shall be appointed from among persons who have an
extensive system development, engineering, production, or management
background and experience with managing complex programs. A person may
not be appointed as Under Secretary within seven years after relief
from active duty as a commissioned officer of a regular component of an
armed force.
``(b) Duties and Powers.--Subject to the authority, direction, and
control of the Secretary of Defense, the Under Secretary shall perform
such duties and exercise such powers as the Secretary may prescribe,
including--
``(1) serving as the chief acquisition and sustainment officer
of the Department of Defense with the mission of delivering and
sustaining timely, cost-effective capabilities for the armed forces
(and the Department);
``(2) establishing policies on, and supervising, all elements
of the Department relating to acquisition (including system design,
development, and production, and procurement of goods and services)
and sustainment (including logistics, maintenance, and materiel
readiness);
``(3) establishing policies for access to, and maintenance of,
the defense industrial base and materials critical to national
security, and policies on contract administration;
``(4) serving as--
``(A) the principal advisor to the Secretary on acquisition
and sustainment in the Department;
``(B) the senior procurement executive for the Department
for the purposes of section 1702(c) of title 41; and
``(C) the Defense Acquisition Executive for purposes of
regulations and procedures of the Department providing for a
Defense Acquisition Executive;
``(5) overseeing the modernization of nuclear forces and the
development of capabilities to counter weapons of mass destruction,
and serving as the chairman of the Nuclear Weapons Council and the
co-chairman of the Council on Oversight of the National Leadership
Command, Control, and Communications System;
``(6) the authority to direct the Secretaries of the military
departments and the heads of all other elements of the Department
with regard to matters for which the Under Secretary has
responsibility, except that the Under Secretary shall exercise
supervisory authority over service acquisition programs for which
the service acquisition executive is the milestone decision
authority; and
``(7) to the extent directed by the Secretary, exercising
overall supervision of all personnel (civilian and military) in the
Office of the Secretary of Defense with regard to matters for which
the Under Secretary has responsibility, unless otherwise provided
by law.
``(c) Precedence in Department of Defense.--
``(1) Precedence in matters of responsibility.--With regard to
all matters for which the Under Secretary has responsibility by the
direction of the Secretary of Defense or by law, the Under
Secretary takes precedence in the Department of Defense after the
Secretary, the Deputy Secretary of Defense, and the Under Secretary
of Defense for Research and Engineering.
``(2) Precedence in other matters.--With regard to all matters
other than the matters for which the Under Secretary has
responsibility by the direction of the Secretary or by law, the
Under Secretary takes precedence in the Department of Defense after
the Secretary, the Deputy Secretary, the Under Secretary of Defense
for Research and Engineering, and the Secretaries of the military
departments.''.
(c) Chief Management Officer.--
(1) In general.--Effective on February 1, 2018, there is a
Chief Management Officer of the Department of Defense.
(2) Appointment.--The Chief Management Officer shall be
appointed from civilian life by the President, by and with the
advice and consent of the Senate. The Chief Management Officer
shall be appointed from among persons who have an extensive
management or business background and experience with managing
large or complex organizations. A person may not be appointed as
Chief Management Officer within seven years after relief from
active duty as a commissioned officer of a regular component of an
Armed Force.
(3) Duties and powers.--Subject to the authority, direction,
and control of the Secretary of Defense, the Chief Management
Officer shall perform such duties and exercise such powers as the
Secretary may prescribe, including--
(A) serving as the chief management officer of the
Department of Defense with the mission of managing the business
operations of the Department;
(B) establishing policies on, and supervising, all business
operations of the Department, including business
transformation, business planning and processes, performance
management, and business information technology management and
improvement activities and programs, including the allocation
of resources for business operations, and unifying business
management efforts across the Department;
(C) serving as the principal advisor to the Secretary on
all business operations activities and programs in the
Department; and
(D) the authority to direct the Secretaries of the military
departments and the heads of all other elements of the
Department with regard to matters for which the Chief
Management Officer has responsibility.
(4) Conforming amendments.--Effective on February 1, 2018,
section 132 of title 10, United States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(d) Repeal of Pending Authority To Establish Under Secretary of
Defense for Business Management and Information.--Subsection (a) of
section 901 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3462) is repealed.
(e) Repeal of Certain ASD and Director Positions.--Chapter 4 of
title 10, United States Code, is further amended--
(1) in section 138(b)--
(A) by striking paragraphs (6), (7), (8), and (9); and
(B) by redesignating paragraph (10) as paragraph (6); and
(2) by striking sections 139b and 139c.
(f) Office of the Secretary of Defense.--Effective on February 1,
2018, section 131(b)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by striking subparagraph (A) and inserting the following
new subparagraphs:
``(A) The Under Secretary of Defense for Research and
Engineering.
``(B) The Under Secretary of Defense for Acquisition and
Sustainment.''.
(g) Table of Section Amendments.--
(1) Table of sections effective on enactment.--The table of
sections at the beginning of chapter 4 of title 10, United States
Code, is amended by striking the items relating to sections 139b
and 139c.
(2) Table of sections effective on delayed effective date.--
Effective on February 1, 2018, the table of sections at the
beginning of chapter 4 of such title is further amended by striking
the item relating to section 133 and inserting the following new
items:

``133a. Under Secretary of Defense for Research and Engineering.
``133b. Under Secretary of Defense for Acquisition and Sustainment.''.

(h) Executive Schedule Level II.--Effective on February 1, 2018,
section 5313 of title 5, United States Code, is amended by striking the
item relating to the Under Secretary of Defense for Acquisition,
Technology, and Logistics and inserting the following new items:
``Under Secretary of Defense for Research and Engineering.
``Under Secretary of Defense for Acquisition and
Sustainment.''.
(i) Review Required.--
(1) In general.--The Secretary of Defense shall conduct a
review and identify a recommended organizational and management
structure for the Department of Defense that implements the
organizational policy guidance expressed in this section and the
amendments made by this section.
(2) Elements.--The review and recommendations shall address,
but not be limited to, the following:
(A) The organizational and management structure of the
Department including the disposition of leadership positions,
subordinate organizations, and defined relationships across
such leadership positions and organizations.
(B) The recommended disposition within the Office of the
Secretary of Defense of the various Assistant Secretaries of
Defense, Deputy Assistant Secretaries of Defense, and Directors
affected by the organizational policy guidance.
(C) The specific delineation of roles, responsibilities,
and authorities, as directed by the Secretary, for the
organizational and management structure covered by subparagraph
(A).
(j) Reports.--
(1) Interim report.--Not later than March 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees an interim report on the review and recommended
organizational and management structure for the Department of
Defense as required by subsection (i).
(2) Final report.--Not later than August 1, 2017, the Secretary
shall submit to the congressional defense committees a final report
on the review and recommended organizational and management
structure, including--
(A) a proposed implementation plan for how the Department
would implement its recommendations;
(B) recommendations for revisions to appointments and
qualifications, duties and powers, and precedent in the
Department;
(C) recommendations for such legislative and administrative
action, including conforming and other amendments to law, as
the Secretary considers appropriate to implement the plan; and
(D) any other matters that the Secretary considers
appropriate.
SEC. 902. RESPONSIBILITIES AND REPORTING OF THE CHIEF INFORMATION
OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 142(b)(1) of title 10, United States Code,
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(E) exercises authority, direction, and control over the
Defense Information Systems Agency, or any successor organization;
``(F) has the responsibilities for policy, oversight, guidance,
and coordination for all Department of Defense matters related to
electromagnetic spectrum, including coordination with other Federal
and industry agencies, coordination for classified programs, and in
coordination with the Under Secretary for Personnel and Readiness,
policies related to spectrum management workforce;
``(G) has the responsibilities for policy, oversight, guidance,
and coordination for nuclear command and control systems;
``(H) has the responsibilities for policy, oversight, and
guidance for matters related to precision navigation and timing;
and
``(I) has the responsibilities for policy, oversight, and
guidance for the architecture and programs related to the
networking and cyber defense architecture of the Department.''.
(b) Direct Reporting.--Section 151(b)(5) of such title is amended
by inserting before the period at the end the following: ``, who
reports directly to the Secretary and Deputy Secretary without
intervening authority''.
SEC. 903. MAXIMUM NUMBER OF PERSONNEL IN THE OFFICE OF THE
SECRETARY OF DEFENSE AND OTHER DEPARTMENT OF DEFENSE HEADQUARTERS
OFFICES.
(a) Office of the Secretary of Defense.--Section 143(b) of title
10, United States Code, is amended by striking ``and civilian
personnel'' and inserting ``, civilian, and detailed personnel''.
(b) Joint Staff.--
(1) In general.--Section 155 of such title is amended by adding
at the end the following new subsection:
``(h) Personnel Limitations.--(1) The total number of members of
the armed forces and civilian employees assigned or detailed to
permanent duty for the Joint Staff may not exceed 2,069.
``(2) Not more than 1,500 members of the armed forces on the
active-duty list may be assigned or detailed to permanent duty for the
Joint Staff.
``(3) The limitations in paragraphs (1) and (2) do not apply in
time of war.
``(4) Each limitation in paragraphs (1) and (2) may be exceeded by
a number equal to 15 percent of such limitation in time of national
emergency.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on December 31, 2019.
(c) Office of the Secretary of the Army.--Section 3014(f) of such
title is amended--
(1) in paragraph (4), by striking ``time of war'' and all that
follows and inserting ``time of war.''; and
(2) by adding at the end the following new paragraph:
``(5) Each limitation in paragraphs (1) and (2) may be exceeded by
a number equal to 15 percent of such limitation in time of national
emergency.''.
(d) Office of the Secretary of the Navy.--Section 5014(f) of such
title is amended--
(1) in paragraph (4), by striking ``time of war'' and all that
follows and inserting ``time of war.''; and
(2) by adding at the end the following new paragraph:
``(5) Each limitation in paragraphs (1) and (2) may be exceeded by
a number equal to 15 percent of such limitation in time of national
emergency.''.
(e) Office of the Secretary of the Air Force.--Section 8014(f) of
such title is amended--
(1) in paragraph (4), by striking ``time of war'' and all that
follows and inserting ``time of war.''; and
(2) by adding at the end the following new paragraph:
``(5) Each limitation in paragraphs (1) and (2) may be exceeded by
a number equal to 15 percent of such limitation in time of national
emergency.''.
SEC. 904. REPEAL OF FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE
COMMITTEE.
(a) Repeal.--Section 185 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by striking the item relating to
section 185.

Subtitle B--Organization and Management of the Department of Defense
Generally

SEC. 911. ORGANIZATIONAL STRATEGY FOR THE DEPARTMENT OF DEFENSE.
(a) Organizational Strategy Required.--
(1) In general.--Not later than September 1, 2017, the
Secretary of Defense shall formulate and issue to the Department of
Defense an organizational strategy for the Department that--
(A) identifies the critical objectives and other
organizational outputs for the Department that span multiple
functional boundaries and would benefit from the use of cross-
functional teams under this section to ensure collaboration and
integration across organizations within the Department;
(B) improves the manner in which the Department integrates
the expertise and capacities of the functional components of
the Department for effective and efficient achievement of such
objectives and outputs;
(C) improves the management of relationships and processes
involving the Office of the Secretary of Defense, the Joint
Staff, the combatant commands, the military departments, and
the Defense Agencies with regard to such objectives and
outputs;
(D) improves the ability of the Department to work
effectively in interagency processes with regard to such
objectives and outputs in order to better serve the President;
and
(E) achieves an organizational structure that enhances
performance with regard to such objectives and outputs.
(2) Elements.--The strategy shall provide for the following:
(A) The appropriate use of cross-functional teams to manage
critical objectives and outputs of the Department described in
paragraph (1)(A).
(B) The furtherance and advancement of a collaborative,
team-oriented, results-driven, and innovative culture within
the Department that fosters an open debate of ideas and
alternative courses of action, and supports cross-functional
teaming and integration.
(b) Actions in Support of Strategy.--
(1) Study.--The Department of Defense shall conduct a study of
the following in order to determine how best to implement effective
cross-functional teams in the Department to achieve the strategic
objectives of the Secretary of Defense:
(A) Lessons learned, as reflected in academic literature,
business and management school case studies, and the work of
leading management consultant firms, on the successful and
failed application of cross-functional teams in the private
sector and government, and on the cultural factors necessary to
support effective cross-functional teams.
(B) The historical and current use by the Department of
cross-functional working groups, integrated process teams,
councils, and committees, and the reasons why such entities
have or have not achieved high levels of teamwork or
effectiveness.
(2) Conduct of study.--The study required by paragraph (1)
shall be conducted by an independent organization with widely
acknowledged expertise in modern organizational management and
teaming selected by the Secretary for purposes of the study.
(3) Schedule.--The Secretary shall award any necessary contract
for the study required by paragraph (1) pursuant to paragraph (2)
by not later than March 15, 2017, and shall provide the results of
the study to the congressional defense committees by not later than
July 15, 2017.
(c) Cross-functional Teams.--In support of the strategy required by
subsection (a):
(1) In general.--The Secretary of Defense shall establish
cross-functional teams to address critical objectives and outputs
for such teams as are determined to be appropriate in accordance
with the organizational strategy issued under subsection (a), with
initial teams established by not later than September 30, 2017.
(2) Purposes.--The purposes of cross-functional teams
established pursuant to this subsection shall be, as determined
appropriate by the Secretary--
(A) to provide for effective collaboration and integration
across organizational and functional boundaries in the
Department of Defense;
(B) to develop, at the direction of the Secretary,
recommendations for comprehensive and fully integrated
policies, strategies, plans, and resourcing decisions;
(C) to make decisions on cross-functional issues, to the
extent authorized by the Secretary and within parameters
established by the Secretary; and
(D) to provide oversight for and, as directed by the
Secretary, supervise the implementation of approved policies,
strategies, plans, and resourcing decisions approved by the
Secretary.
(3) Guidance on teams.--Not later than September 30, 2017, the
Secretary shall issue guidance--
(A) addressing the role, authorities, reporting
relationships, resourcing, manning, training, and operations of
cross-functional teams established pursuant to this subsection;
(B) delineating decision-making authority of such teams;
(C) providing that the leaders of functional components of
the Department that provide personnel to such teams respect and
respond to team needs and activities; and
(D) emphasizing that personnel selected for assignment to
such teams shall faithfully represent the views and expertise
of their functional components while contributing to the best
of their ability to the success of the team concerned.
(4) Participants.--In establishing a cross-functional team
pursuant to this subsection, the Secretary shall consider personnel
from the Office of the Secretary of Defense, the Joint Staff, the
military departments, and the Defense Agencies in all functional
areas that the Secretary considers appropriate.
(5) Team personnel.--For each cross-functional team established
by the Secretary pursuant to this subsection, the Secretary shall--
(A) assign as leader of such team a senior qualified and
experienced individual, who shall report directly to the
Secretary regarding the activities of such team;
(B) delegate to the team leader designated pursuant to
subparagraph (A) authority to select members of such team from
among civilian employees of the Department and members of the
Armed Forces in any grade who are recommended for membership on
such team by the head of a functional component of the
Department within the Office of the Secretary of Defense, the
Joint Staff, and the military departments, by the commander of
a combatant command, or by the director of a Defense Agency;
(C) provide the team leader with necessary full time
support from team members, and the means to co-locate team
members;
(D) ensure that team members and all leaders in functional
organizations that are in the supervisory chain for personnel
serving on such team receive training in elements of successful
cross-functional teams, including teamwork, collaboration,
conflict resolution, and appropriately representing the views
and expertise of their functional components; and
(E) ensure that the congressional defense committees are
provided information on the progress and results of such team
upon request.
(6) Team strategies and decision-making authority.--
(A) In general.--The Secretary shall ensure that the
objectives of each cross-functional team established pursuant
to this subsection are clearly established in writing, through
a memorandum, statement, charter, or similar document.
(B) Metrics.--To improve team performance and
accountability, the Secretary shall task each team, as
appropriate, to establish a strategy to achieve the objectives
specified by the Secretary, metrics for evaluation of the
achievement of such objectives by such team, and the alignment
of individual and team goals for the achievement of such
objectives by such team.
(C) Delegation of authority.--The Secretary may delegate to
a team any decision-making authority that, and shall delegate
such authority as, the Secretary considers appropriate to
permit such team to achieve the objectives established by the
Secretary.
(7) Review of teams.--Not later than 18 months after the date
on which the first cross-functional team is established pursuant to
this subsection, the Secretary shall complete an analysis, with
support from external experts in organizational and management
sciences, of the successes and failures of teams established
pursuant to this subsection, and determine how to apply the lessons
learned from that analysis.
(8) Report on establishment.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall submit
to Congress a report on the establishment of cross-functional teams
under this subsection, including descriptions from the leaders of
teams established prior to the date on which this report is
submitted of the manner in which the teams were designed and how
they functioned.
(d) Directive on Collaborative Culture and Behavior.--The guidance
issued by the Secretary of Defense pursuant to subsection (c)(3) shall
also--
(1) articulate the shared purposes, values, and principles for
the operation of the Office of the Secretary of Defense that are
required to promote a team-oriented, collaborative, results-driven
culture within the Office to support the primary objectives of the
Department of Defense;
(2) ensure that collaboration across functional and
organizational boundaries is an important factor in the performance
review of leaders of cross-functional teams established pursuant to
subsection (c), members of teams, and other appropriate leaders of
the Department; and
(3) identify key practices that senior leaders of the
Department should follow with regard to leadership, organizational
practice, collaboration, and the functioning of cross-functional
teams, and the types of personnel behavior that senior leaders
should encourage and discourage.
(e) Streamlining of Organizational Structure and Processes of
OSD.--Not later than 18 months after the date of the enactment of this
Act, the Secretary of Defense shall take such actions as the Secretary
considers appropriate to streamline the organizational structure and
processes of the Office of the Secretary of Defense in order to
increase spans of control, achieve a reduction in layers of management,
eliminate unnecessary duplication between the Office and the Joint
Staff, and reduce the time required to complete standard processes and
activities.
(f) Training for Individuals Nominated for Appointment for OSD
Positions Confirmed by the Senate.--
(1) In general.--Within three months of the appointment of an
individual to a position in the Office of the Secretary of Defense
appointable by and with the advice and consent of the Senate, the
individual shall complete a course of instruction in leadership,
modern organizational practice, collaboration, and the operation of
teams described in subsection (c).
(2) Waiver.--The President may waive the requirement in
paragraph (1) with respect to an individual if the Secretary
determines in writing that the individual possesses, through
training and experience, the skill and knowledge otherwise to be
provided through a course of instruction as described in that
paragraph.
(g) Comptroller General of the United States Assessments.--
(1) Biannual report on assessments.--Not later than six months
after the date of the enactment of this Act, and every six months
thereafter through December 31, 2019, the Comptroller General of
the United States shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report setting
forth a comprehensive assessment of the actions taken under this
section during the six-month period ending on the date of such
report and cumulatively since the date of the enactment of this
Act.
(2) Assessment team.--The Comptroller General may establish
within the Government Accountability Office a team of analysts to
assist the Comptroller General in the performance assessments
required by this subsection.
SEC. 912. POLICY, ORGANIZATION, AND MANAGEMENT GOALS AND PRIORITIES
OF THE SECRETARY OF DEFENSE FOR THE DEPARTMENT OF DEFENSE.
(a) In General.--A Secretary of Defense serving in that position
pursuant to an appointment to that position after January 20, 2017,
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives, not later than each of the deadlines
specified in subsection (b), a report on the policy, organization, and
management goals and priorities of the Secretary for the Department of
Defense. Each report shall include, current as of the date of such
report, an identification of the following:
(1) Policy goals and priorities, including specific and
measurable performance and implementation targets.
(2) Organization and management goals and priorities, including
specific and measurable performance and implementation targets that
address, but are not limited to, the following:
(A) The elimination or consolidation of any unnecessary or
redundant functions within the Department.
(B) Force management and shaping, including recommendations
for such legislative action as is required to meet force
management and shaping goals and priorities.
(C) The delayering or reorganization of headquarters
organizations across the Department.
(3) Any other goals or priorities for the Department the
Secretary considers appropriate.
(b) Deadlines.--The deadlines for the submittal of reports under
subsection (a) are April 1, 2017, and February 1 of each year
thereafter though 2022.
(c) Briefings Satisfy Later Reporting Requirements.--Any report
required under subsection (a) after the initial report may be provided
in the form of a briefing.
SEC. 913. SECRETARY OF DEFENSE DELIVERY UNIT.
(a) In General.--The Secretary of Defense serving in that position
as of March 1, 2017, may establish within the Office of the Secretary
of Defense a unit of personnel that shall be responsible for providing
expertise and support throughout the Department of Defense in an effort
to improve the implementation of policies and priorities across the
Department. The unit may be known as the ``delivery unit''.
(b) Composition.--The unit established pursuant to subsection (a)
shall consist of not more than 30 individuals selected by the Secretary
primarily from among individuals outside the Government who have
significant experience and expertise in management consulting,
organizational architecture, relationship management, or data
analytics.
(c) Duties.--The unit established pursuant to subsection (a) shall
have the duties as follows:
(1) To advise the Secretary on improving the implementation and
delivery of policies and priorities of the Department, including
making recommendations on establishing performance or
implementation targets, assisting in the development of delivery
plans to achieve targets, and monitoring and measuring progress.
(2) To work across organizations, missions, and functions of
the Department in order to identify obstacles to improving the
implementation of policies and priorities of the Department,
including organization, culture, and incentives, and to recommend
options to the Secretary for addressing such obstacles.
(d) Sunset.--The unit established pursuant to subsection (a) shall
sunset on January 31, 2021.
SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.
Section 129a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Performance of Civilian Functions by Military Personnel.--(1)
Functions performed by civilian personnel should not be performed by
military personnel except--
``(A) if the Secretary of the military department concerned
determines in writing based on mission requirements that the
performance of such functions by military personnel, including a
permanent conversion of such functions to performance by military
personnel, is cost-effective or required by a mission; or
``(B) if the performance of such functions by military
personnel is required to address critical staffing needs resulting
from a reduction in personnel or budgetary resources by reason of
an Act of Congress, in which case such functions may not be
performed by military personnel for a period in excess of one year.
``(2) In determining the workforce mix between civilian and
military personnel, the Secretary of a military department shall
reserve military personnel for the performance of the functions that,
in the estimation of the Secretary, are required to be performed by
military personnel in order to achieve national defense goals or in
order to enable the proper functioning of the military department. In
making workforce decisions, the Secretary shall account for the
relative budgetary impact of military versus civilian personnel in
determining the functions required to be performed by military
personnel.''.
SEC. 915. REPEAL OF REQUIREMENTS RELATING TO EFFICIENCIES PLAN FOR
THE CIVILIAN PERSONNEL WORKFORCE AND SERVICE CONTRACTOR WORKFORCE
OF THE DEPARTMENT OF DEFENSE.
Section 955 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1896; 10 U.S.C. 129a note) is
repealed.

Subtitle C--Joint Chiefs of Staff and Combatant Command Matters

SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COMMAND
MATTERS.
(a) Functions of Joint Chiefs of Staff.--
(1) Consultation by chairman.--Subsection (c)(1) of section 151
of title 10, United States Code, is amended by striking ``as he
considers appropriate'' and inserting ``as necessary''.
(2) Modification of advice and opinions of members other than
chairman.--Such section is further amended--
(A) in subsection (b)(2), by striking ``subsections (d) and
(e)'' and inserting ``subsection (d)'';
(B) in subsection (d)--
(i) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(ii) by inserting before paragraph (1), as redesignated
by clause (i), the following new paragraph (1):
``(1) After first informing the Secretary of Defense and the
Chairman, the members of the Joint Chiefs of Staff, individually or
collectively, in their capacity as military advisors, may provide
advice to the President, the National Security Council, the Homeland
Security Council, or the Secretary of Defense on a particular matter on
the judgment of the military member.''; and
(C) by striking subsection (e).
(b) Term and Reappointment of Chairman of the Joint Chiefs of
Staff.--
(1) In general.--Section 152(a) of title 10, United States
Code, is amended--
(A) in paragraph (1), by striking ``two years, beginning on
October 1 of odd-numbered years'' and all that follows and
inserting ``four years, beginning on October 1 of an odd-
numbered year. The limitation does not apply in time of war.'';
and
(B) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) The President may extend to eight years the combined period
of service of an officer as Chairman and Vice Chairman if the President
determines that such action is in the national interest. The limitation
in this paragraph does not apply in time of war.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on January 1, 2019, and shall apply to individuals
appointed as Chairman of the Joint Chiefs of Staff on or after that
date.
(c) Functions of Chairman of Joint Chiefs of Staff.--The text of
section 153 of title 10, United States Code, is amended to read as
follows:
``Subject to the authority, direction, and control of the President
and the Secretary of Defense, the Chairman of the Joint Chiefs of Staff
shall be responsible for the following
``(1) Strategic direction.--Assisting the President and the
Secretary in providing for the strategic direction of the armed
forces.
``(2) Strategic and contingency planning.--In matters relating
to strategic and contingency planning--
``(A) developing strategic frameworks and preparing
strategic plans, as required, to guide the use and employment
of military force and related activities across all geographic
regions and military functions and domains, and to sustain
military efforts over different durations of time, as
necessary;
``(B) advising the Secretary on the production of the
national defense strategy required by section 113(g) of this
title and the national security strategy required by section
108 of the National Security Act of 1947 (50 U.S.C. 3043);
``(C) preparing military analysis, options, and plans, as
the Chairman considers appropriate, to recommend to the
President and the Secretary;
``(D) providing for the preparation and review of
contingency plans which conform to policy guidance from the
President and the Secretary; and
``(E) preparing joint logistic and mobility plans to
support national defense strategies and recommending the
assignment of responsibilities to the armed forces in
accordance with such plans.
``(3) Global military integration.--In matters relating to
global military strategic and operational integration--
``(A) providing advice to the President and the Secretary
on ongoing military operations; and
``(B) advising the Secretary on the allocation and transfer
of forces among geographic and functional combatant commands,
as necessary, to address transregional, multi-domain, and
multifunctional threats.
``(4) Comprehensive joint readiness.--In matters relating to
comprehensive joint readiness--
``(A) evaluating the overall preparedness of the joint
force to perform the responsibilities of that force under
national defense strategies and to respond to significant
contingencies worldwide;
``(B) assessing the risks to United States missions,
strategies, and military personnel that stem from shortfalls in
military readiness across the armed forces, and developing risk
mitigation options;
``(C) advising the Secretary on critical deficiencies and
strengths in joint force capabilities (including manpower,
logistics, and mobility support) identified during the
preparation and review of national defense strategies and
contingency plans and assessing the effect of such deficiencies
and strengths on meeting national security objectives and
policy and on strategic plans;
``(D) advising the Secretary on the missions and functions
that are likely to require contractor or other external support
to meet national security objectives and policy and strategy,
and the risks associated with such support; and
``(E) establishing and maintaining, after consultation with
the commanders of the unified and specified combatant commands,
a uniform system of evaluating the preparedness of each such
command, and groups of commands collectively, to carry out
missions assigned to the command or commands.
``(5) Joint capability development.--In matters relating to
joint capability development--
``(A) identifying new joint military capabilities based on
advances in technology and concepts of operation needed to
maintain the technological and operational superiority of the
armed forces, and recommending investments and experiments in
such capabilities to the Secretary;
``(B) performing military net assessments of the joint
capabilities of the armed forces of the United States and its
allies in comparison with the capabilities of potential
adversaries;
``(C) advising the Secretary under section 163(b)(2) of
this title on the priorities of the requirements identified by
the commanders of the unified and specified combatant commands;
``(D) advising the Secretary on the extent to which the
program recommendations and budget proposals of the military
departments and other components of the Department of Defense
for a fiscal year conform with the priorities established in
national defense strategies and with the priorities established
for the requirements of the unified and specified combatant
commands;
``(E) advising the Secretary on new and alternative joint
military capabilities, and alternative program recommendations
and budget proposals, within projected resource levels and
guidance provided by the Secretary, in order to achieve greater
conformance with the priorities referred to in subparagraph
(D);
``(F) assessing joint military capabilities and
identifying, approving, and prioritizing gaps in such
capabilities to meet national defense strategies, pursuant to
section 181 of this title; and
``(G) recommending to the Secretary appropriate trade-offs
among life-cycle cost, schedule, performance, and procurement
quantity objectives in the acquisition of materiel and
equipment to support the strategic and contingency plans
required by this paragraph in the most effective and efficient
manner.
``(6) Joint force development activities.--In matters relating
to joint force development activities--
``(A) developing doctrine for the joint employment of the
armed forces;
``(B) formulating policies and technical standards, and
executing actions, for the joint training of the armed forces;
``(C) formulating policies for coordinating the military
education of members of the armed forces;
``(D) formulating policies for concept development and
experimentation for the joint employment of the armed forces;
``(E) formulating policies for gathering, developing, and
disseminating joint lessons learned for the armed forces; and
``(F) advising the Secretary on development of joint
command, control, communications, and cybercapability,
including integration and interoperability of such capability,
through requirements, integrated architectures, data standards,
and assessments.
``(7) Other matters.--In other matters--
``(A) recommending to the Secretary, in accordance with
section 166 of this title, a budget proposal for activities of
each unified and specified combatant command;
``(B) providing for representation of the United States on
the Military Staff Committee of the United Nations in
accordance with the Charter of the United Nations; and
``(C) performing such other duties as may be prescribed by
law or by the President or the Secretary.''.
(d) Vice Chairman of the Joint Chiefs of Staff Matters.--
(1) Term of service.--Paragraph (3) of section 154(a) of title
10, United States Code, is amended by striking ``for a term of two
years'' and all that follows and inserting ``for a single term of
four years, beginning on October 1 of an odd-numbered year, except
that the term may not begin in the same year as the term of a
Chairman. In time of war, there is no limit on the number of
reappointments.''.
(2) Ineligibility for service as chairman or any other position
in the armed forces.--Such section is further amended by adding at
the end the following new paragraph:
``(4)(A) The Vice Chairman shall not be eligible for promotion to
the position of Chairman or any other position in the armed forces.
``(B) The President may waive subparagraph (A) if the President
determines such action is necessary in the national interest.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2021, and shall apply to
individuals appointed as Vice Chairman of the Joint Chiefs of Staff
on or after that date.
(e) Commanders of the Combatant Commands.--Section 164 of title 10,
United States Code, is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(3) Among the full range of command responsibilities specified in
subsection (c) and as provided for in section 161 of this title, the
primary duties of the commander of a combatant command shall be as
follows:
``(A) To produce plans for the employment of the armed forces
to execute national defense strategies and respond to significant
military contingencies.
``(B) To take actions, as necessary, to deter conflict.
``(C) To command United States armed forces as directed by the
Secretary and approved by the President.''; and
(2) by adding at the end the following new subsection:
``(h) Support to Chairman of the Joint Chiefs of Staff.--The
commander of a combatant command shall provide such information to the
Chairman of the Joint Chiefs of Staff as may be necessary for the
Chairman to perform the duties of the Chairman under section 153 of
this title.''.
SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR MANAGEMENT
OF SPECIAL OPERATIONS FORCES AND SPECIAL OPERATIONS.
(a) Responsibility of Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.--Section 138(b)(4) of title 10,
United States Code, is amended by adding at the end the following new
sentence: ``Subject to the authority, direction, and control of the
Secretary of Defense, the Assistant Secretary shall do the following:
``(A) Exercise authority, direction, and control of all
special-operations peculiar administrative matters relating to the
organization, training, and equipping of special operations forces.
``(B) Assist the Secretary and the Under Secretary of Defense
for Policy in the development and supervision of policy, program
planning and execution, and allocation and use of resources for the
activities of the Department of Defense for the following:
``(i) Irregular warfare, combating terrorism, and the
special operations activities specified by section 167(k) of
this title.
``(ii) Integrating the functional activities of the
headquarters of the Department to most efficiently and
effectively provide for required special operations forces and
capabilities.
``(iii) Such other matters as may be specified by the
Secretary and the Under Secretary.''.
(b) Special Operations Policy and Oversight Council.--
(1) In general.--Chapter 4 of title 10, United States Code, as
amended by section 901(e)(2) of this Act, is further amended by
inserting after section 139a the following new section:
``Sec. 139b. Special Operations Policy and Oversight Council
``(a) In General.--In order to fulfill the responsibilities
specified in section 138(b)(4) of this title, the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict, or the
designee of the Assistant Secretary, shall establish and lead a team to
be known as the `Special Operations Policy and Oversight Council' (in
this section referred to as the `Council').
``(b) Purpose.--The purpose of the Council is to integrate the
functional activities of the headquarters of the Department of Defense
in order to most efficiently and effectively provide for special
operations forces and capabilities. In fulfilling this purpose, the
Council shall develop and continuously improve policy, joint processes,
and procedures that facilitate the development, acquisition,
integration, employment, and sustainment of special operations forces
and capabilities.
``(c) Membership.--The Council shall include the following:
``(1) The Assistant Secretary, who shall act as leader of the
Council.
``(2) Appropriate senior representatives of each of the
following:
``(A) The Under Secretary of Defense for Research and
Engineering.
``(B) The Under Secretary of Defense for Management and
Support.
``(C) The Under Secretary of Defense (Comptroller).
``(D) The Under Secretary of Defense for Personnel and
Readiness.
``(E) The Under Secretary of Defense for Intelligence.
``(F) The General Counsel of the Department of Defense.
``(G) The other Assistant Secretaries of Defense under the
Under Secretary of Defense for Policy.
``(H) The military departments.
``(I) The Joint Staff.
``(J) The United States Special Operations Command.
``(K) Such other officials or Agencies, elements, or
components of the Department of Defense as the Secretary of
Defense considers appropriate
``(d) Operation.--The Council shall operate continuously.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 4 of such title, as amended by section 901(g)(1) of this
Act, is further amended by inserting after the item relating to
section 139a the following new item:

``139b. Special Operations Policy and Oversight Council.''.

(c) US Special Operations Command Matters.--
(1) Authority of commander.--Subsection (e)(2) of section 167
of title 10, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by striking
``The commander'' and inserting ``Subject to the authority,
direction, and control of the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict, the
commander''; and
(B) by striking subparagraph (J) and inserting the
following new subparagraph (J):
``(J) Monitoring the promotions of special operations forces
and coordinating with the military departments regarding the
assignment, retention, training, professional military education,
and special and incentive pays of special operations forces.''.
(2) Administrative chain of command.--Such section is further
amended--
(A) by redesignating subsections (f) through (k) as
subsections (g), through (l), respectively; and
(B) by inserting after subsection (e) the following new
subsection (f):
``(f) Administrative Chain of Command.--(1) Unless otherwise
directed by the President, the administrative chain of command to the
special operations command runs--
``(A) from the President to the Secretary of Defense;
``(B) from the Secretary of Defense to the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict; and
``(C) from the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict to the commander of the
special operations command.
``(2) For purposes of this subsection, administrative chain of
command refers to the exercise of authority, direction and control with
respect to the special operations-peculiar administration and support
of the special operations command, including the readiness and
organization of special operations forces, resources and equipment, and
civilian personnel. It does not refer to the exercise of authority,
direction, and control of operational matters that are subject to the
operational chain of command of the commanders of combatant commands or
the exercise of authority, direction, and control of personnel,
resources, equipment, and other matters that are not special
operations-peculiar that are the purview of the armed forces.''.
SEC. 923. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR CYBER
OPERATIONS.
(a) Establishment of Cyber Command.--Chapter 6 of title 10, United
States Code, is amended by inserting after section 167a the following
new section:
``Sec. 167b. Unified combatant command for cyber operations
``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through the
Secretary of Defense, shall establish under section 161 of this title a
unified combatant command for cyber operations forces (hereinafter in
this section referred to as the `cyber command'). The principal
function of the command is to prepare cyber operations forces to carry
out assigned missions.
``(b) Assignment of Forces.--Unless otherwise directed by the
Secretary of Defense, all active and reserve cyber operations forces of
the armed forces stationed in the United States shall be assigned to
the cyber command.
``(c) Grade of Commander.--The commander of the cyber command shall
hold the grade of general or, in the case of an officer of the Navy,
admiral while serving in that position, without vacating that officer's
permanent grade. The commander of such command shall be appointed to
that grade by the President, by and with the advice and consent of the
Senate, for service in that position.
``(d) Command of Activity or Mission.--(1) Unless otherwise
directed by the President or the Secretary of Defense, a cyber
operations activity or mission shall be conducted under the command of
the commander of the unified combatant command in whose geographic area
the activity or mission is to be conducted.
``(2) The commander of the cyber command shall exercise command of
a selected cyber operations mission if directed to do so by the
President or the Secretary of Defense.
``(e) Authority of Combatant Commander.--(1) In addition to the
authority prescribed in section 164(c) of this title, the commander of
the cyber command shall be responsible for, and shall have the
authority to conduct, all affairs of such command relating to cyber
operations activities.
``(2)(A) Subject to the authority, direction, and control of the
Principal Cyber Advisor, the commander of such command shall be
responsible for, and shall have the authority to conduct, the following
functions relating to cyber operations activities (whether or not
relating to the cyber command):
``(i) Developing strategy, doctrine, and tactics.
``(ii) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for cyber operations
forces and for other forces assigned to the cyber command.
``(iii) Exercising authority, direction, and control over the
expenditure of funds--
``(I) for forces assigned directly to the cyber command;
and
``(II) for cyber operations forces assigned to unified
combatant commands other than the cyber command, with respect
to all matters covered by section 807 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 114-92; 129
Stat. 886; 10 U.S.C. 2224 note) and, with respect to a matter
not covered by such section, to the extent directed by the
Secretary of Defense.
``(iv) Training and certification of assigned joint forces.
``(v) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(vi) Validating requirements.
``(vii) Establishing priorities for requirements.
``(viii) Ensuring the interoperability of equipment and forces.
``(ix) Formulating and submitting requirements for intelligence
support.
``(x) Monitoring the promotion of cyber operation forces and
coordinating with the military departments regarding the
assignment, retention, training, professional military education,
and special and incentive pays of cyber operation forces.
``(B) The authority, direction, and control exercised by the
Principal Cyber Advisor for purposes of this section is authority,
direction, and control with respect to the administration and support
of the cyber command, including readiness and organization of cyber
operations forces, cyber operations-peculiar equipment and resources,
and civilian personnel.
``(C) Nothing in this section shall be construed as providing the
Principal Cyber Advisor authority, direction, and control of
operational matters that are subject to the operational chain of
command of the combatant commands or the exercise of authority,
direction, and control of personnel, resources, equipment, and other
matters that are not cyber-operations peculiar and that are in the
purview of the armed forces.
``(3) The commander of the cyber command shall be responsible for--
``(A) ensuring the combat readiness of forces assigned to the
cyber command; and
``(B) monitoring the preparedness to carry out assigned
missions of cyber forces assigned to unified combatant commands
other than the cyber command.
``(C) The staff of the commander shall include an inspector
general who shall conduct internal audits and inspections of
purchasing and contracting actions through the cyber operations
command and such other inspector general functions as may be
assigned.
``(f) Intelligence and Special Activities.--This section does not
constitute authority to conduct any activity which, if carried out as
an intelligence activity by the Department of Defense, would require a
notice to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 6 of such title is amended by inserting after the item relating
to section 167a the following new item:

``167b. Unified combatant command for cyber operations.''.
SEC. 924. ASSIGNED FORCES OF THE COMBATANT COMMANDS.
Section 162(a) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Except as provided in paragraph (2)'' and
inserting ``As directed by the Secretary of Defense'';
(B) by striking ``all forces'' and inserting ``specified
forces''; and
(C) by striking the second sentence;
(2) by striking paragraph (2) and inserting the following new
paragraph (2):
``(2) A force not assigned to a combatant command or to the United
States element of the North American Aerospace Defense Command under
paragraph (1) shall remain assigned to the military department
concerned for carrying out the responsibilities of the Secretary of the
military department concerned as specified in section 3013, 5013, or
8013 of this title, as applicable.''; and
(3) in paragraph (4)--
(A) by striking ``operating with the geographic area'' and
(B) by striking ``assigned to, and''.
SEC. 925. MODIFICATIONS TO THE REQUIREMENTS PROCESS.
(a) In General.--The text of section 181 of title 10, United States
Code, is amended to read as follows:
``(a) In General.--There is a Joint Requirements Oversight Council
in the Department of Defense.
``(b) Mission.--In addition to other matters assigned to it by the
President or Secretary of Defense, the Joint Requirements Oversight
Council shall assist the Chairman of the Joint Chiefs of Staff in--
``(1) assessing joint military capabilities, and identifying,
approving, and prioritizing gaps in such capabilities, to meet
applicable requirements in the national defense strategy under
section 118 of this title;
``(2) reviewing and validating whether a capability proposed by
an armed force, Defense Agency, or other entity of the Department
of Defense fulfills a gap in joint military capabilities;
``(3) developing recommendations, in consultation with the
advisors to the Council under subsection (d), for program cost and
fielding targets pursuant to section 2448a of this title that--
``(A) require a level of resources that is consistent with
the level of priority assigned to the associated capability
gap; and
``(B) have an estimated period of time for the delivery of
an initial operational capability that is consistent with the
urgency of the associated capability gap;
``(4) establishing and approving joint performance requirements
that--
``(A) ensure interoperability, where appropriate, between
and among joint military capabilities; and
``(B) are necessary, as designated by the Chairman of the
Joint Chiefs of Staff, to fulfill capability gaps of more than
one armed force, Defense Agency, or other entity of the
Department;
``(5) reviewing performance requirements for any existing or
proposed capability that the Chairman of the Joint Chiefs of Staff
determines should be reviewed by the Council;
``(6) identifying new joint military capabilities based on
advances in technology and concepts of operation; and
``(7) identifying alternatives to any acquisition program that
meets approved joint military capability requirements for the
purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2) of this
title.
``(c) Composition.--
``(1) In general.--The Joint Requirements Oversight Council is
composed of the following:
``(A) The Vice Chairman of the Joint Chiefs of Staff, who
is the Chair of the Council and is the principal adviser to the
Chairman of the Joint Chiefs of Staff for making
recommendations about joint military capabilities or joint
performance requirements.
``(B) An Army officer in the grade of general.
``(C) A Navy officer in the grade of admiral.
``(D) An Air Force officer in the grade of general.
``(E) A Marine Corps officer in the grade of general.
``(2) Selection of members.--Members of the Council under
subparagraphs (B), (C), (D), and (E) of paragraph (1) shall be
selected by the Chairman of the Joint Chiefs of Staff, after
consultation with the Secretary of Defense, from officers in the
grade of general or admiral, as the case may be, who are
recommended for selection by the Secretary of the military
department concerned.
``(3) Recommendations.--In making any recommendation to the
Chairman of the Joint Chiefs of Staff as described in paragraph
(1)(A), the Vice Chairman of the Joint Chiefs of Staff shall
provide the Chairman any dissenting view of members of the Council
under paragraph (1) with respect to such recommendation.
``(d) Advisors.--
``(1) In general.--The following officials of the Department of
Defense shall serve as advisors to the Joint Requirements Oversight
Council on matters within their authority and expertise:
``(A) The Under Secretary of Defense for Policy.
``(B) The Under Secretary of Defense for Intelligence.
``(C) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(D) The Under Secretary of Defense (Comptroller).
``(E) The Director of Cost Assessment and Program
Evaluation.
``(F) The Director of Operational Test and Evaluation.
``(G) The commander of a combatant command when matters
related to the area of responsibility or functions of that
command are under consideration by the Council.
``(2) Input from combatant commands.--The Council shall seek
and consider input from the commanders of the combatant commands in
carrying out its mission under paragraphs (1) and (2) of subsection
(b).
``(3) Input from chiefs of staff.--The Council shall seek, and
strongly consider, the views of the Chiefs of Staff of the armed
forces, in their roles as customers of the acquisition system, on
matters pertaining to a capability proposed by an armed force,
Defense Agency, or other entity of the Department of Defense under
subsection (b)(2) and joint performance requirements pursuant to
subsection (b)(3).
``(e) Performance Requirements as Responsibility of Armed Forces.--
The Chief of Staff of an armed force is responsible for all performance
requirements for that armed force and, except for performance
requirements specified in subsections (b)(4) and (b)(5), such
performance requirements do not need to be validated by the Joint
Requirements Oversight Council.
``(f) Analytic Support.--The Secretary of Defense shall ensure that
analytical organizations within the Department of Defense, such as the
Office of Cost Assessment and Program Evaluation, provide resources and
expertise in operations research, systems analysis, and cost estimation
to the Joint Requirements Oversight Council to assist the Council in
performing the mission in subsection (b).
``(g) Availability of Oversight Information to Congressional
Defense Committees.--The Secretary of Defense shall ensure that, in the
case of a recommendation by the Chairman of the Joint Chiefs of Staff
to the Secretary that is approved by the Secretary, oversight
information with respect to such recommendation that is produced as a
result of the activities of the Joint Requirements Oversight Council is
made available in a timely fashion to the congressional defense
committees.
``(h) Definitions.--In this section:
``(1) The term `joint military capabilities' means the
collective capabilities across the joint force, including both
joint and force-specific capabilities, that are available to
conduct military operations.
``(2) The term `performance requirement' means a performance
attribute of a particular system considered critical or essential
to the development of an effective military capability.
``(3) The term `joint performance requirement' means a
performance requirement that is critical or essential to ensure
interoperability or fulfill a capability gap of more than one armed
force, Defense Agency, or other entity of the Department of
Defense, or impacts the joint force in other ways such as
logistics.
``(4) The term `oversight information' means information and
materials comprising analysis and justification that are prepared
to support a recommendation that is made to, and approved by, the
Secretary of Defense.''.
(b) Program Cost and Field Targets.--The Secretary of Defense shall
establish a process to develop program cost and fielding targets
pursuant to section 2448a of title 10, United States Code, that--
(1) is co-chaired by the Deputy Secretary of Defense and the
Vice Chairman of the Joint Chiefs of Staff;
(2) is supported by--
(A) the Joint Staff, to provide expertise on joint military
capabilities, capability gaps, and performance requirements;
(B) the Office of Cost Assessment and Program Evaluation,
to provide expertise in resource allocation, operations
research, systems analysis, and cost estimation; and
(C) other Department of Defense organizations determined
appropriate by the Secretary; and
(3) ensures that appropriate trade-offs are made among life-
cycle cost, schedule, and performance objectives and procurement
quantity objectives.
SEC. 926. REVIEW OF COMBATANT COMMAND ORGANIZATION.
(a) Reviews Required.--
(1) In general.--The entities specified in paragraph (2) shall
each conduct a review of the organizational structures of the
combatant commands, and shall develop recommendations for improving
the overall effectiveness of the combatant commands, and addressing
threats that span multiple regions, functions, and domains.
(2) Entities.--The entities specified in this paragraph are the
following:
(A) The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff.
(B) An independent entity with appropriate expertise,
selected by the Secretary and with which the Secretary shall
enter into a contract by not later than 30 days after the date
of the enactment of this Act.
(b) Elements.--Each review under subsection (a) shall include an
examination of the following:
(1) The evolution of combatant command mission requirements and
the ability of combatant commands to satisfy those mission
requirements.
(2) The evolution of the organizational structures,
compositions, and sizes of the combatant commands, and how such
factors may have contributed to combatant command performance in
satisfying mission requirements, planning, and maintaining force
readiness.
(3) The resources of combatant commands, including the degree
to which combatant command force requirements are resourced.
(4) The benefits, drawbacks, and resource implications of
eliminating or consolidating combatant commands, or of altering the
relationships among combatant commands and their component command
organizations or the command and control structures of the
combatant commands.
(5) Organizational structures of the combatant commands,
including Joint Task Forces or task-organized forces operating
below the combatant command level, and the benefits, drawbacks, and
resource implications of alternative organizational structures.
(c) Report.--Not later than September 30, 2017, the Secretary shall
submit to the congressional defense committees a report on the findings
and recommendations of each review required by subsection (a).

Subtitle D--Organization and Management of Other Department of Defense
Offices and Elements

SEC. 931. QUALIFICATIONS FOR APPOINTMENT OF THE SECRETARIES OF THE
MILITARY DEPARTMENTS.
(a) Secretary of the Army.--Section 3013(a)(1) of title 10, United
States Code, is amended by inserting after the first sentence the
following new sentence: ``The Secretary shall, to the greatest extent
practicable, be appointed from among persons most highly qualified for
the position by reason of background and experience, including persons
with appropriate management or leadership experience.''.
(b) Secretary of the Navy.--Section 5013(a)(1) of such title is
amended by inserting after the first sentence the following new
sentence: ``The Secretary shall, to the greatest extent practicable, be
appointed from among persons most highly qualified for the position by
reason of background and experience, including persons with appropriate
management or leadership experience.''.
(c) Secretary of the Air Force.--Section 8013(a)(1) of such title
is amended by inserting after the first sentence the following new
sentence: ``The Secretary shall, to the greatest extent practicable, be
appointed from among persons most highly qualified for the position by
reason of background and experience, including persons with appropriate
management or leadership experience.''.
SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR THE CHIEF
OF THE NATIONAL GUARD BUREAU.
Section 10508 of title 10, United States Code, is amended--
(1) by inserting ``(a) Manpower Requirements of National Guard
Bureau.--'' before ``The manpower requirements''; and
(2) by adding at the end the following new subsection:
``(b) Personnel for Functions of National Guard Bureau.--
``(1) In general.--The Chief of the National Guard Bureau may
program for, appoint, employ, administer, detail, and assign
persons under sections 2103, 2105, and 3101 of title 5, or section
328 of title 32, within the National Guard Bureau and the National
Guard of each State, the Commonwealth of Puerto Rico, the District
of Columbia, Guam, and the Virgin Islands to execute the functions
of the National Guard Bureau and the missions of the National
Guard, and missions as assigned by the Chief of the National Guard
Bureau.
``(2) Administration through adjutants general.--The Chief of
the National Guard Bureau may designate the adjutants general
referred to in section 314 of title 32 to appoint, employ, and
administer the National Guard employees authorized by this
subsection.
``(3) Administrative actions.--Notwithstanding the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
and under regulations prescribed by the Chief of the National Guard
Bureau, all personnel actions or conditions of employment,
including adverse actions under title 5, pertaining to a person
appointed, employed, or administered by an adjutant general under
this subsection shall be accomplished by the adjutant general of
the jurisdiction concerned. For purposes of any administrative
complaint, grievance, claim, or action arising from, or relating
to, such a personnel action or condition of employment:
``(A) The adjutant general of the jurisdiction concerned
shall be considered the head of the agency and the National
Guard of the jurisdiction concerned shall be considered the
employing agency of the individual and the sole defendant or
respondent in any administrative action.
``(B) The National Guard of the jurisdiction concerned
shall defend any administrative complaint, grievance, claim, or
action, and shall promptly implement all aspects of any final
administrative order, judgment, or decision.
``(C) In any civil action or proceeding brought in any
court arising from an action under this section, the United
States shall be the sole defendant or respondent.
``(D) The Attorney General of the United States shall
defend the United States in actions arising under this section
described in subparagraph (C).
``(E) Any settlement, judgment, or costs arising from an
action described in subparagraph (A) or (C) shall be paid from
appropriated funds allocated to the National Guard of the
jurisdiction concerned.''.
SEC. 933. REORGANIZATION AND REDESIGNATION OF OFFICE OF FAMILY
POLICY AND OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH
SPECIAL NEEDS.
(a) Office of Family Policy.--
(1) Redesignation as office of military family readiness
policy.--Section 1781(a) of title 10, United States Code, is
amended--
(A) by striking ``Office of Family Policy'' and inserting
``Office of Military Family Readiness Policy''; and
(B) by striking ``Director of Family Policy'' and inserting
``Director of Military Family Readiness Policy''.
(2) Inclusion of director on military family readiness
council.--Subsection (b)(1)(E) of section 1781a of such title is
amended by striking ``Office of Community Support for Military
Families with Special Needs'' and inserting ``Office of Military
Family Readiness Policy''.
(3) Conforming amendment.--Section 131(b)(8)(G) of such title
is amended by striking ``Director of Family Policy'' and inserting
``Director of Military Family Readiness Policy''.
(4) Heading and clerical amendments.--
(A) Section heading.--The heading of section 1781 of such
title is amended to read as follows:
``Sec. 1781. 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. 934. REDESIGNATION OF ASSISTANT SECRETARY OF THE AIR FORCE FOR
ACQUISITION AS ASSISTANT SECRETARY OF THE AIR FORCE FOR
ACQUISITION, TECHNOLOGY, AND LOGISTICS.
(a) Redesignation.--Section 8016(b)(4)(A) of title 10, United
States Code, is amended--
(1) by striking ``Assistant Secretary of the Air Force for
Acquisition'' and inserting ``Assistant Secretary of the Air Force
for Acquisition, Technology, and Logistics''; and
(2) by inserting ``, technology, and logistics'' after
``acquisition''.
(b) References.--Any reference to the Assistant Secretary of the
Air Force for Acquisition in any law, regulation, map, document,
record, or other paper of the United States shall be deemed to be a
reference to the Assistant Secretary of the Air Force for Acquisition,
Technology, and Logistics.

Subtitle E--Strategies, Reports, and Related Matters

SEC. 941. NATIONAL DEFENSE STRATEGY.
(a) National Defense Strategy.--Subsection (g) of section 113 of
title 10, United States Code, is amended to read as follows:
``(g)(1)(A) Except as provided in subparagraph (E), in January
every four years, and intermittently otherwise as may be appropriate,
the Secretary of Defense shall provide to the Secretaries of the
military departments, the Chiefs of Staff of the armed forces, the
commanders of the unified and specified combatant commands, and the
heads of all Defense Agencies and Field Activities of the Department of
Defense and other elements of the Department specified in paragraphs
(1) through (10) of section 111(b) of this title, and to the
congressional defense committees, a defense strategy. Each strategy
shall be known as the `national defense strategy', and shall support
the most recent national security strategy report of the President
under section 108 of the National Security Act of 1947 (50 U.S.C.
3043).
``(B) Each national defense strategy shall including the following:
``(i) The priority missions of the Department of Defense, and
the assumed force planning scenarios and constructs.
``(ii) The assumed strategic environment, including the most
critical and enduring threats to the national security of the
United States and its allies posed by state or non-state actors,
and the strategies that the Department will employ to counter such
threats and provide for the national defense.
``(iii) A strategic framework prescribed by the Secretary that
guides how the Department will prioritize among the threats
described in clause (ii) and the missions specified pursuant to
clause (i), how the Department will allocate and mitigate the
resulting risks, and how the Department will make resource
investments.
``(iv) The roles and missions of the armed forces to carry out
the missions described in clause (i), and the assumed roles and
capabilities provided by other United States Government agencies
and by allies and international partners.
``(v) The force size and shape, force posture, defense
capabilities, force readiness, infrastructure, organization,
personnel, technological innovation, and other elements of the
defense program necessary to support such strategy.
``(vi) The major investments in defense capabilities, force
structure, force readiness, force posture, and technological
innovation that the Department will make over the following five-
year period in accordance with the strategic framework described in
clause (iii).
``(C) The Secretary shall seek the military advice and assistance
of the Chairman of the Joint Chiefs of Staff in preparing each national
defense strategy required by this subsection.
``(D) Each national defense strategy under this subsection shall be
presented to the congressional defense committees in classified form
with an unclassified summary.
``(E) In a year following an election for President, which election
results in the appointment by the President of a new Secretary of
Defense, the Secretary shall present the national defense strategy
required by this subsection as soon as possible after appointment by
and with the advice and consent of the Senate.
``(F) In February of each year in which the Secretary does not
submit a new defense strategy as required by paragraph (A), the
Secretary shall submit to the congressional defense committees an
assessment of the current national defense strategy, including an
assessment of the implementation of the strategy by the Department and
an assessment whether the strategy requires revision as a result of
changes in assumptions, policy, or other factors.
``(2) In implementing a national defense strategy under paragraph
(1), the Secretary, with the advice and assistance of the Chairman of
the Joint Chiefs of Staff, shall provide annually to the Secretaries of
the military departments, the Chiefs of Staff of the armed forces, the
commanders of the unified and specified combatant commands, and the
heads of all Defense Agencies and Field Activities of the Department
and other elements of the Department specified in paragraphs (1)
through (10) of section 111(b) of this title, written policy guidance
for the preparation and review of the program recommendations and
budget proposals of their respective components to guide the
development of forces. Such guidance shall include--
``(A) the national security interests and objectives;
``(B) the priority military missions of the Department,
including the assumed force planning scenarios and constructs;
``(C) the force size and shape, force posture, defense
capabilities, force readiness, infrastructure, organization,
personnel, technological innovation, and other elements of the
defense program necessary to support the strategy;
``(D) the resource levels projected to be available for the
period of time for which such recommendations and proposals are to
be effective; and
``(E) a discussion of any changes in the defense strategy and
assumptions underpinning the strategy, as required by paragraph
(1).
``(3) In implementing the guidance under paragraph (2), the
Secretary, with the approval of the President and after consultation
with the Chairman of the Joint Chiefs of Staff, shall provide, every
two years or more frequently as needed, to the Chairman written policy
guidance for the preparation and review of contingency plans, including
plans for providing support to civil authorities in an incident of
national significance or a catastrophic incident, for homeland defense,
and for military support to civil authorities. Such guidance shall
include guidance on the employment of forces, including specific force
levels and specific supporting resource levels projected to be
available for the period of time for which such plans are to be
effective.
``(4) Not later than February 15 in any calendar year in which any
written guidance is required pursuant to paragraph (2) or (3), the
Secretary shall provide to the congressional defense committees a
detailed classified briefing summarizing such guidance developed
pursuant to such paragraphs.''.
(b) Conforming Repeal.--
(1) In general.--Section 118 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 2 of such title is amended by striking the item relating
to section 118.
SEC. 942. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR THE
UNITED STATES.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission on the National Defense Strategy for the
United States'' (in this section referred to as the ``Commission'').
The purpose of the Commission is to examine and make recommendations
with respect to the national defense strategy for the United States.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12 members
appointed as follows:
(A) Three members appointed by the chair of the Committee
on Armed Services of the House of Representatives.
(B) Three members appointed by the ranking minority member
of the Committee on Armed Services of the House of
Representatives.
(C) Three members appointed by the chair of the Committee
on Armed Services of the Senate.
(D) Three members appointed by the ranking minority member
of the Committee on Armed Services of the Senate.
(2) Chair; vice chair.--
(A) Chair.--The chair of the Committee on Armed Services of
the House of Representative and the chair of the Committee on
Armed Services of the Senate shall jointly designate one member
of the Commission to serve as chair of the Commission.
(B) Vice chair.--The ranking minority member of the
Committee on Armed Services of the House of Representative and
the ranking minority member of the Committee on Armed Services
of the Senate shall jointly designate one member of the
Commission to serve as vice chair of the Commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The Commission shall review the current national
defense strategy of the United States, including the assumptions,
missions, force posture and structure, and strategic and military
risks associated with the strategy.
(2) Assessment and recommendations.--The Commission shall
conduct a comprehensive assessment of the strategic environment,
the threats to the United States, the size and shape of the force,
the readiness of the force, the posture and capabilities of the
force, the allocation of resources, and strategic and military
risks in order to provide recommendations on the national defense
strategy for the United States.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the Commission
shall receive the full and timely cooperation of the Secretary of
Defense in providing the Commission with analysis, briefings, and
other information necessary for the fulfillment of its
responsibilities.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as a
liaison officer between the Department and the Commission.
(e) Report.--
(1) Final report.--Not later than December 1, 2017, the
Commission shall submit to the President, the Secretary of Defense,
the Committee on Armed Services of the House of Representatives,
and the Committee on Armed Services of the Senate a report on the
Commission's findings, conclusions, and recommendations. The report
shall address, but not be limited to, each of the following:
(A) The strategic environment, including threats to the
United States and the potential for conflicts arising from such
threats, security challenges, and the national security
interests of the United States.
(B) The military missions for which the Department of
Defense should prepare and the force planning construct.
(C) The roles and missions of the Armed Forces to carry out
those missions and the roles and capabilities provided by other
United States Government agencies and by allies and
international partners.
(D) The force planning construct, size and shape, posture
and capabilities, readiness, infrastructure, organization,
personnel, and other elements of the defense program necessary
to support the strategy.
(E) The resources necessary to support the strategy,
including budget recommendations.
(F) The risks associated with the strategy, including the
relationships and tradeoffs between missions, risks, and
resources.
(2) Interim briefing.--Not later than June 1, 2017, the
Commission shall provide to the Committee on Armed Services of the
House of Representatives, and the Committee on Armed Services of
the Senate a briefing on the status of its review and assessment,
and include a discussion of any interim recommendations.
(3) Form.--The report submitted to Congress under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(f) Funding.--Of the amounts authorized to be appropriated by to
this Act for the Department of Defense, $5,000,000 is available to fund
the activities of the Commission.
(g) Termination.--The Commission shall terminate 6 months after the
date on which it submits the report required by subsection (e).
SEC. 943. REFORM OF THE NATIONAL MILITARY STRATEGY.
(a) In General.--Paragraph (1) of section 153(b) of title 10,
United States Code, is amended to read as follows:
``(1) National military strategy.--(A) The Chairman shall
determine each even-numbered year whether to prepare a new National
Military Strategy in accordance with this paragraph or to update a
strategy previously prepared in accordance with this paragraph. The
Chairman shall provide such National Military Strategy or update to
the Secretary of Defense in time for transmittal to Congress
pursuant to paragraph (3), including in time for inclusion in the
report of the Secretary of Defense, if any, under paragraph (4).
``(B) Each National Military Strategy (or update) under this
paragraph shall be based on a comprehensive review conducted by the
Chairman in conjunction with the other members of the Joint Chiefs
of Staff and the commanders of the unified and specified combatant
commands. Each update shall address only those parts of the most
recent National Military Strategy for which the Chairman
determines, on the basis of the review, that a modification is
needed.
``(C) Each National Military Strategy (or update) submitted
under this paragraph shall describe how the military will support
the objectives of the United States as articulated in--
``(i) the most recent National Security Strategy prescribed
by the President pursuant to section 108 of the National
Security Act of 1947 (50 U.S.C. 3043);
``(ii) the most recent annual report of the Secretary of
Defense submitted to the President and Congress pursuant to
section 113 of this title;
``(iii) the most recent national defense strategy presented
by the Secretary of Defense pursuant to section 113 of this
title;
``(iv) the most recent policy guidance provided by the
Secretary of Defense pursuant to section 113(g) of this title;
and
``(v) any other national security or defense strategic
guidance issued by the President or the Secretary of Defense.
``(D) At a minimum, each National Military Strategy (or update)
submitted under this paragraph shall--
``(i) assess the strategic environment, threats,
opportunities, and challenges that affect the national security
of the United States;
``(ii) assess military ends, ways, and means to support the
objectives referred to in subparagraph (C);
``(iii) provide the framework for the assessment by the
Chairman of military strategic and operational risks, and for
the development of risk mitigation options;
``(iv) develop military options to address threats and
opportunities;
``(v) assess joint force capabilities, capacities, and
resources; and
``(vi) establish military guidance for the development of
the joint force and the total force building on guidance by the
President and the Secretary of Defense as referred to in
subparagraph (C).''.
(b) Modification to Risk Assessment.--Paragraph (2) of such section
is amended--
(1) in the third sentence of subparagraph (A), by striking ``of
the report'' and inserting ``in the report''; and
(2) in subparagraph (B)--
(A) by inserting ``(or update)'' after ``National Military
Strategy'' each place it appears;
(B) in clause (ii), by striking ``strategic risks to United
States interests'' and all that follows and inserting
``military strategic and operational risks to United States
interests and the military strategic and operational risks in
executing the National Military Strategy (or update).'';
(C) in clause (iii), by striking ``distinguishing between
the concepts of probability and consequences'';
(D) in clause (iv)(II), by striking ``most''; and
(E) in clause (v), by striking ``or support of--'' and all
the follows and inserting ``of external support, as
appropriate.''.
(c) Form.--Paragraph (3) of such section is amended by adding at
the end the following new subparagraph:
``(C) The National Military Strategy (or update) and Risk
Assessment submitted under this subsection shall be classified in
form, but shall include an unclassified summary.''.
SEC. 944. FORM OF ANNUAL NATIONAL SECURITY STRATEGY REPORT.
Section 108(c) of the National Security Act of 1947 (50 U.S.C.
3043(c)) is amended by striking ``in both a classified form and an
unclassified form'' and inserting ``to Congress in classified form, but
may include an unclassified summary''.
SEC. 945. MODIFICATION TO INDEPENDENT STUDY OF NATIONAL SECURITY
STRATEGY FORMULATION PROCESS.
Section 1064(b)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 989) is amended--
(1) in subparagraph (D), by inserting ``, including Congress,''
after ``Federal Government''; and
(2) by adding at the end the following new subparagraph:
``(E) The capabilities and limitations of the Department of
Defense workforce responsible for conducting strategic
planning, including recommendations for improving the workforce
through training, education, and career management.''.

Subtitle F--Other Matters

SEC. 951. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DEFENSE
PERSONNEL AND INNOVATION INITIATIVES.
(a) Enhancement of Security Programs Generally.--
(1) Personnel background and security plan required.--The
Secretary of Defense shall develop an implementation plan for the
Defense Security Service to conduct, after October 1, 2017,
background investigations for personnel of the Department of
Defense whose investigations are adjudicated by the Consolidated
Adjudication Facility of the Department. The Secretary shall submit
the implementation plan to the congressional defense committees by
not later than August 1, 2017.
(2) Plan for potential transfer of investigative personnel to
department of defense.--Not later than October 1, 2017, the
Secretary and the Director of the Office of Personnel Management
shall develop a plan to transfer Government investigative personnel
and contracted resources to the Department in proportion to the
background and security investigative workload that would be
assumed by the Department if the plan required by paragraph (1)
were implemented.
(3) Report.--Not later than August 1, 2017, the Secretary shall
submit to the congressional defense committees a report on the
number of full-time equivalent employees of the management
headquarters of the Department that would be required by the
Defense Security Service to carry out the plan developed under
paragraph (1).
(4) Collection, storage, and retention of information by
insider threat programs.--In order to enable detection and
mitigation of potential insider threats, the Secretary shall ensure
that insider threat programs of the Department collect, store, and
retain information from the following:
(A) Personnel security.
(B) Physical security.
(C) Information security.
(D) Law enforcement.
(E) Counterintelligence.
(F) User activity monitoring.
(G) Information assurance.
(H) Such other data sources as the Secretary considers
necessary and appropriate.
(b) Elements of System.--
(1) In general.--In developing a system for the performance of
background investigations for personnel in carrying out subsection
(a), the Secretary shall--
(A) conduct a review of security clearance business
processes and, to the extent practicable, modify such processes
to maximize compatibility with the security clearance
information technology architecture to minimize the need for
customization of the system;
(B) conduct business process mapping of the business
processes described in subparagraph (A);
(C) use spiral development and incremental acquisition
practices to rapidly deploy the system, including through the
use of prototyping and open architecture principles;
(D) establish a process to identify and limit interfaces
with legacy systems and to limit customization of any
commercial information technology tools used;
(E) establish automated processes for measuring the
performance goals of the system;
(F) incorporate capabilities for the continuous monitoring
of network security and the mitigation of insider threats to
the system;
(G) institute a program to collect and maintain data and
metrics on the background investigation process; and
(H) establish a council (to be known as the ``Department of
Defense Background Investigations Rate Council'') to advise and
advocate for rate efficiencies for background clearance
investigation rates, and to negotiate rates for background
investigation services provided to outsides entities and
agencies when requested.
(2) Completion date.--The Secretary shall complete the
development and implementation of the system described in paragraph
(1) by not later than September 30, 2019.
(c) Establishment of Enhanced Security Program to Support
Department of Defense Innovation Initiative.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a personnel
security program, and take such other actions as the Secretary
considers appropriate, to support the Innovation Initiative of the
Department to better leverage commercial technology.
(2) Policies and procedures.--In establishing the program
required by paragraph (1), the Secretary shall develop policies and
procedures to rapidly and inexpensively investigate and adjudicate
security clearances for personnel from commercial companies with
innovative technologies and solutions to enable such companies to
receive relevant threat reporting and to propose solutions for a
broader set of Department requirements.
(3) Access to classified information.--The Secretary shall
ensure that access to classified information under the program
required by paragraph (1) is not contingent on a company already
being under contract with the Department.
(4) Award of security clearances.--The Secretary may award
secret clearances under the program required by paragraph (1) for
limited purposes and periods relating to the acquisition or
modification of capabilities and services.
(d) Updated Guidance and Review of Policies.--
(1) Review of applicable laws.--The Secretary shall review
laws, regulations, and executive orders relating to the maintenance
of personnel security clearance information by the Federal
Government, including the investigation timeline metrics
established in the Intelligence Reform and Prevention of Terrorism
Act of 2004 (Public Law 108-458). The review should also identify
recommendations to eliminate duplicative or outdated authorities in
current executive orders, regulations and guidance. Not later than
90 days after the date of the enactment of this Act, the Secretary
shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing that includes--
(A) the results of the review; and
(B) recommendations, if any, for consolidating and
clarifying laws, regulations, and executive orders relating to
the maintenance of personnel security clearance information by
the Federal Government.
(2) Reciprocity directive.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall coordinate
with the Security Executive Agent, in consultation with the
Suitability Executive Agent, to issue an updated reciprocity
directive that accounts for security policy changes associated with
new position designation regulations under section 1400 of title 5,
Code of Federal Regulations, new continuous evaluation policies,
and new Federal investigative standards.
(3) Implementation directives.--The Secretary, working with the
Security Executive Agent and the Suitability Executive Agent, shall
jointly develop and issue directives on--
(A) completing the implementation of the National Security
Sensitive Position designations required by section 1400 of
title 5, Code of Federal Regulations; and
(B) aligning to the maximum practical extent the
investigative and adjudicative standards and criteria for
positions requiring access to classified information and
national security sensitive positions not requiring access to
classified information to ensure effective and efficient
reciprocity and consistent designation of like-positions across
the Federal Government.
(e) Waiver of Certain Deadlines.--For each of fiscal years 2017
through 2019, the Secretary may waive any background investigation
timeline specified in the Intelligence Reform and Prevention of
Terrorism Act of 2004 if the Secretary submits to the appropriate
committees of Congress a written notification on the waiver not later
than 30 days before the beginning of the fiscal year concerned.
(f) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' has the
meaning given that term in section 3001(a)(8) of the Intelligence
Reform and Prevention of Terrorism Act of 2004 (50 U.S.C.
3341(a)(8)).
(2) The term ``business process mapping'' has the meaning given
that term in section 2222(i) of title 10, United States Code.
(3) The term ``insider threat'' means, with respect to the
Department, a threat presented by a person who--
(A) has, or once had, authorized access to information, a
facility, a network, a person, or a resource of the Department;
and
(B) wittingly, or unwittingly, commits--
(i) an act in contravention of law or policy that
resulted in, or might result in, harm through the loss or
degradation of government or company information,
resources, or capabilities; or
(ii) a destructive act, which may include physical harm
to another in the workplace.
SEC. 952. MODIFICATION OF AUTHORITY OF THE SECRETARY OF DEFENSE
RELATING TO PROTECTION OF THE PENTAGON RESERVATION AND OTHER
DEPARTMENT OF DEFENSE FACILITIES IN THE NATIONAL CAPITAL REGION.
(a) Law Enforcement Authority.--Subsection (b) of section 2674 of
title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking the matter in such subsection preceding such
paragraph and inserting the following:
``(b)(1) The Secretary shall protect the buildings, grounds, and
property located in the National Capital Region that are occupied by,
or under the jurisdiction, custody, or control of, the Department of
Defense, and the persons on that property.
``(2) The Secretary may designate military or civilian personnel to
perform law enforcement functions and military, civilian, or contract
personnel to perform security functions for such buildings, grounds,
property, and persons, including, with regard to civilian personnel
designated under this section, duty in areas outside the property
referred to in paragraph (1) to the extent necessary to protect that
property and persons on that property. Subject to the authorization of
the Secretary, any such military or civilian personnel so designated
may exercise the authorities listed in paragraphs (1) through (5) of
section 2672(c) of this title.
``(3) The powers granted under paragraph (2) to military and
civilian personnel designated under that paragraph shall be exercised
in accordance with guidelines prescribed by the Secretary and approved
by the Attorney General.
``(4) Nothing in this subsection shall be construed to--
``(A) preclude or limit the authority of any Defense Criminal
Investigative Organization or any other Federal law enforcement
agency;
``(B) restrict the authority of the Secretary of Homeland
Security under the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) or the authority of the Administrator of General Services,
including the authority to promulgate regulations affecting
property under the custody and control of that Secretary or the
Administrator, respectively;
``(C) expand or limit section 21 of the Internal Security Act
of 1950 (50 U.S.C. 797);
``(D) affect chapter 47 of this title (the Uniform Code of
Military Justice);
``(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. 953. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR MEMBERS
OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES
LISTED AS MISSING.
(a) Limitation of Defense POW/MIA Accounting Agency to Missing
Persons From Past Conflicts.--Section 1501(a) of title 10, United
States Code, is amended--
(1) in paragraph (1)(A), by inserting ``from past conflicts''
after ``matters relating to missing persons'';
(2) in paragraph (2)--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), (D), (E), and
(F) as subparagraphs (A), (B), (C), (D), and (E), respectively;
and
(C) by inserting ``from past conflicts'' after ``missing
persons'' each place it appears;
(3) in paragraph (4)--
(A) by striking ``for personal recovery (including search,
rescue, escape, and evasion) and''; and
(B) by inserting ``from past conflicts'' after ``missing
persons''; and
(4) by striking paragraph (5).
(b) Action Upon Discovery or Receipt of Information.--Section
1505(c) of such title is amended by striking ``designated Agency
Director'' in paragraphs (1), (2), and (3) and inserting ``Secretary of
Defense''.
(c) Definition of ``Accounted for''.--Section 1513(3)(B) of such
title is amended by inserting ``to the extent practicable'' after ``are
recovered''.
SEC. 954. MODIFICATIONS TO CORROSION REPORT.
(a) Modifications to Report to Congress.--Section 2228(e)(1) of
title 10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
after ``2009'' the following: ``and ending with the budget for
fiscal year 2022'';
(2) by amending subparagraph (B) to read as follows:
``(B) The estimated composite return on investment achieved by
implementing the strategy, and documented in the assessments by the
Department of Defense of completed corrosion projects and
activities.'';
(3) by amending subparagraph (D) to read as follows:
``(D) If the full amount of funding requirements is not
requested in the budget, the reasons for not including the full
amount and a description of the impact on readiness, logistics, and
safety of not fully funding required corrosion prevention and
mitigation activities.''; and
(4) in subparagraph (F), by striking ``pilot''.
(b) Report to Director of Corrosion Policy and Oversight.--Section
2228(e)(2) of such title is amended--
(1) by inserting ``(A)'' before ``Each report'';
(2) by striking ``a copy of'' and all that follows through the
period and inserting ``a summary of the most recent report required
by subparagraph (B).''; and
(3) by adding at the end the following new subparagraph:
``(B) Not later than December 31 of each year, through December 31,
2020, the corrosion control and prevention executive of a military
department shall submit to the Director of Corrosion Policy and
Oversight a report containing recommendations pertaining to the
corrosion control and prevention program of the military department.
Such report shall include recommendations for the funding levels
necessary for the executive to carry out the duties of the executive
under this section. The report required under this subparagraph shall--
``(i) provide a summary of key accomplishments, goals, and
objectives of the corrosion control and prevention program of the
military department; and
``(ii) include the performance measures used to ensure that the
corrosion control and prevention program achieved the goals and
objectives described in clause (i).''.
(c) Conforming Repeal.--Section 903(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2228
note) is amended by striking paragraph (5).

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Subtitle B--Counterdrug Activities

Subtitle C--Naval Vessels and Shipyards

Subtitle D--Counterterrorism

Subtitle E--Miscellaneous Authorities and Limitations

Subtitle F--Studies and Reports

Subtitle G--Other Matters

Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2017
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $4,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. REPORT ON AUDITABLE FINANCIAL STATEMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report ranking all military departments and Defense
Agencies in order of how advanced they are in achieving auditable
financial statements as required by law. The report should not include
information otherwise available in other reports to Congress.
SEC. 1003. INCREASED USE OF COMMERCIAL DATA INTEGRATION AND ANALYSIS
PRODUCTS FOR THE PURPOSE OF PREPARING FINANCIAL STATEMENT AUDITS.
(a) Deployment of Data Analytics Capabilities.--The Secretary of
Defense shall use competitive procedures under chapter 137 of title 10,
United States Code, to procure or develop, as soon as practicable,
technologies or services, including those based on commercially
available information technologies and services to improve data
collection and analyses to support preparation of auditable financial
statements for the Department of Defense.
(b) Use of Funding and Resources.--The Secretary of Defense may use
science and technology funding, prototypes, and test and evaluation
resources as appropriate in support of this deployment.
(c) Report on Performance.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation
with the Chief Financial Officer and the Chief Management Officer of
the Department of Defense, shall submit to the congressional defense
committees a report on the capabilities procured pursuant to subsection
(a), including the results of using such capabilities in connection
with auditing a financial statement of the Department of Defense.
SEC. 1004. SENSE OF CONGRESS ON SEQUESTRATION.
It is the sense of the Congress that--
(1) the fiscal challenges of the Federal Government are a top
priority for Congress, and sequestration--non-strategic, across-
the-board budget cuts--remains an unreasonable and inadequate
budgeting tool to address the deficits and debt of the Federal
Government;
(2) budget caps imposed by the Budget Control Act of 2011
(Public Law 112-25) impose unacceptable limitations on the budget
and increase risk to the national security of the United States;
and
(3) the budget caps imposed by the Budget Control Act of 2011
must be modified or eliminated through a bipartisan legislative
agreement.
SEC. 1005. REQUIREMENT TO TRANSFER FUNDS FROM DEPARTMENT OF DEFENSE
ACQUISITION WORKFORCE DEVELOPMENT FUND TO THE TREASURY.
(a) Transfer Required.--During fiscal year 2017, the Secretary of
Defense shall transfer, from amounts available in the Department of
Defense Acquisition Workforce Development Fund from amounts credited to
the Fund pursuant to section 1705(d)(2) of title 10, United States
Code, $475,000,000 to the Secretary of the Treasury for deposit in the
general fund of the Treasury.
(b) Additional Authority.--The transfer authority provided by this
section is in addition to any other transfer authority contained in
this Act.

Subtitle B--Counterdrug Activities

SEC. 1011. CODIFICATION AND MODIFICATION OF AUTHORITY TO PROVIDE
SUPPORT FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO COUNTER
TRANSNATIONAL ORGANIZED CRIME OF CIVILIAN LAW ENFORCEMENT AGENCIES.
(a) Codification and Modification.--
(1) In general.--Chapter 18 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 384. Support for counterdrug activities and activities to
counter transnational organized crime
``(a) Support to Other Agencies.--The Secretary of Defense may
provide support for the counterdrug activities or activities to counter
transnational organized crime of any other department or agency of the
Federal Government or of any State, local, tribal, or foreign law
enforcement agency for any of the purposes set forth in subsection (b)
or (c), as applicable, if--
``(1) in the case of support described in subsection (b), such
support is requested--
``(A) by the official who has responsibility for the
counterdrug activities or activities to counter transnational
organized crime of the department or agency of the Federal
Government, in the case of support for other departments or
agencies of the Federal Government; or
``(B) by the appropriate official of a State, local, or
tribal government, in the case of support for State, local, or
tribal law enforcement agencies; or
``(2) in the case of support described in subsection (c), such
support is requested by an appropriate official of a department or
agency of the Federal Government, in coordination with the
Secretary of State, that has counterdrug responsibilities or
responsibilities for countering transnational organized crime.
``(b) Types of Support for Agencies of United States.--The purposes
for which the Secretary may provide support under subsection (a) for
other departments or agencies of the Federal Government or a State,
local, or tribal law enforcement agencies, are the following:
``(1) The maintenance and repair of equipment that has been
made available to any department or agency of the Federal
Government or to any State, local, or tribal government by the
Department of Defense for the purposes of--
``(A) preserving the potential future utility of such
equipment for the Department of Defense; and
``(B) upgrading such equipment to ensure compatibility of
that equipment with other equipment used by the Department.
``(2) The maintenance, repair, or upgrading of equipment
(including computer software), other than equipment referred to in
paragraph (1) for the purpose of--
``(A) ensuring that the equipment being maintained or
repaired is compatible with equipment used by the Department of
Defense; and
``(B) upgrading such equipment to ensure the compatibility
of that equipment with equipment used by the Department.
``(3) The transportation of personnel of the United States and
foreign countries (including per diem expenses associated with such
transportation), and the transportation of supplies and equipment,
for the purpose of facilitating counterdrug activities or
activities to counter transnational organized crime within or
outside the United States.
``(4) The establishment (including an unspecified minor
military construction project) and operation of bases of operations
or training facilities for the purpose of facilitating counterdrug
activities or activities to counter transnational organized crime
of the Department of Defense or any Federal, State, local, or
tribal law enforcement agency within or outside the United States.
``(5) Counterdrug or counter-transnational organized crime
related training of law enforcement personnel of the Federal
Government, of State, local, and tribal governments, including
associated support expenses for trainees and the provision of
materials necessary to carry out such training.
``(6) The detection, monitoring, and communication of the
movement of--
``(A) air and sea traffic within 25 miles of and outside
the geographic boundaries of the United States; and
``(B) surface traffic outside the geographic boundary of
the United States and within the United States not to exceed 25
miles of the boundary if the initial detection occurred outside
of the boundary.
``(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across international
boundaries of the United States.
``(8) Establishment of command, control, communications, and
computer networks for improved integration of law enforcement,
active military, and National Guard activities.
``(9) The provision of linguist and intelligence analysis
services.
``(10) Aerial and ground reconnaissance.
``(c) Types of Support for Foreign Law Enforcement Agencies.--
``(1) Purposes.--The purposes for which the Secretary may
provide support under subsection (a) for foreign law enforcement
agencies are the following:
``(A) The transportation of personnel of the United States
and foreign countries (including per diem expenses associated
with such transportation), and the transportation of supplies
and equipment, for the purpose of facilitating counterdrug
activities or activities to counter transnational organized
crime within or outside the United States.
``(B) The establishment (including small scale
construction) and operation of bases of operations or training
facilities for the purpose of facilitating counterdrug
activities or activities to counter transnational organized
crime of a foreign law enforcement agency outside the United
States.
``(C) The detection, monitoring, and communication of the
movement of--
``(i) air and sea traffic within 25 miles of and
outside the geographic boundaries of the United States; and
``(ii) surface traffic outside the geographic
boundaries of the United States.
``(D) Establishment of command, control, communications,
and computer networks for improved integration of United States
Federal and foreign law enforcement entities and United States
Armed Forces.
``(E) The provision of linguist and intelligence analysis
services.
``(F) Aerial and ground reconnaissance.
``(2) Coordination with secretary of state.--In providing
support for a purpose described in this subsection, the Secretary
shall coordinate with the Secretary of State.
``(d) Contract Authority.--In carrying out subsection (a), the
Secretary may acquire services or equipment by contract for support
provided under that subsection if the Department of Defense would
normally acquire such services or equipment by contract for the purpose
of conducting a similar activity for the Department.
``(e) Limited Waiver of Prohibition.--Notwithstanding section 376
of this title, the Secretary may provide support pursuant to subsection
(a) in any case in which the Secretary determines that the provision of
such support would adversely affect the military preparedness of the
United States in the short term if the Secretary determines that the
importance of providing such support outweighs such short-term adverse
effect.
``(f) Conduct of Training or Operation To Aid Civilian Agencies.--
In providing support pursuant to subsection (a), the Secretary may plan
and execute otherwise valid military training or operations (including
training exercises undertaken pursuant to section 1206(a) of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 103 Stat. 1564) for the purpose of aiding civilian
law enforcement agencies.
``(g) Relationship to Other Support Authorities.--
``(1) Additional authority.--The authority provided in this
section for the support of counterdrug activities or activities to
counter transnational organized crime by the Department of Defense
is in addition to, and except as provided in paragraph (2), not
subject to the other requirements of this chapter.
``(2) Exception.--Support under this section shall be subject
to the provisions of section 375 and, except as provided in
subsection (e), section 376 of this title.
``(h) Congressional Notification.--
``(1) In general.--Not less than 15 days before providing
support for an activity under subsection (a), the Secretary of
Defense shall submit to the appropriate committees of Congress a
written and electronic notice of the following:
``(A) In the case of support for a purpose described in
subsection (c)--
``(i) the country the capacity of which will be built
or enabled through the provision of such support;
``(ii) the budget, implementation timeline with
milestones, anticipated delivery schedule for support, and
completion date for the purpose or project for which
support is provided;
``(iii) the source and planned expenditure of funds
provided for the project or purpose;
``(iv) a description of the arrangements, if any, for
the sustainment of the project or purpose and the source of
funds to support sustainment of the capabilities and
performance outcomes achieved using such support, if
applicable;
``(v) a description of the objectives for the project
or purpose and evaluation framework to be used to develop
capability and performance metrics associated with
operational outcomes for the recipient;
``(vi) information, including the amount, type, and
purpose, about the support provided the country during the
three fiscal years preceding the fiscal year for which the
support covered by the notice is provided under this
section under--

``(I) this section;
``(II) section 23 of the Arms Export Control Act
(22 U.S.C. 2763);
``(III) peacekeeping operations;
``(IV) the International Narcotics Control and Law
Enforcement program under section 481 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291);
``(V) Nonproliferation, Anti-Terrorism, Demining,
and Related Programs;
``(VI) counterdrug activities authorized by section
1004 of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 374 note) and section 1033
of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85); or
``(VII) any other significant program, account, or
activity for the provision of security assistance that
the Secretary of Defense and the Secretary of State
consider appropriate;

``(vii) an evaluation of the capacity of the recipient
country to absorb the support provided; and
``(viii) an evaluation of the manner in which the
project or purpose for which the support is provided fits
into the theater security cooperation strategy of the
applicable geographic combatant command.
``(B) In the case of support for a purpose described in
subsection (b) or (c), a description of any small scale
construction project for which support is provided.
``(2) Coordination with secretary of state.--In providing
notice under this subsection for a purpose described in subsection
(c), the Secretary of Defense shall coordinate with the Secretary
of State.
``(i) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
``(B) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
``(2) The term `Indian tribe' means a Federally recognized
Indian tribe.
``(3) The term `small scale construction' means construction at
a cost not to exceed $750,000 for any project.
``(4) The term `tribal government' means the governing body of
an Indian tribe, the status of whose land is `Indian country' as
defined in section 1151 of title 18 or held in trust by the United
States for the benefit of the Indian tribe.
``(5) The term `tribal law enforcement agency' means the law
enforcement agency of a tribal government.
``(6) The term `transnational organized crime' means self-
perpetuating associations of individuals who operate
transnationally for the purpose of obtaining power, influence,
monetary, or commercial gains, wholly or in part by illegal means,
while protecting their activities through a pattern of corruption
or violence or through a transnational organization structure and
the exploitation of transnational commerce or communication
mechanisms.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 18 of such title is amended by adding at the end the
following new item:

``384. Support for counterdrug activities and activities to counter
transnational organized crime.''.

(b) Repeal of Superseded Authority.--Section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) is
repealed.
SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA AND PROGRAM
STRUCTURES OF NATIONAL GUARD COUNTERDRUG SCHOOLS.
(a) In General.--Section 901 of the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469; 32 U.S.C. 112
note) is amended--
(1) by redesignating subsections (e) through (g) as subsections
(f) through (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Curriculum Review.--The Secretary of Defense shall review the
curriculum and program structure of each school established under this
section.''.
(b) Technical Amendment.--Subsection (d)(1) of such section is
amended by striking ``section 112(b) of that title 32'' and inserting
``section 112(b) of title 32''.
SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 962), is further
amended--
(1) in subsection (a)(1), by striking ``2017'' and inserting
``2019''; and
(2) in subsection (c), by striking ``2017'' and inserting
``2019''.
SEC. 1014. ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF
MILITARY TRAINING BETWEEN DEPARTMENT OF HOMELAND SECURITY AND
DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Homeland Security shall ensure
that the information needs of the Department of Homeland Security
relating to civilian law enforcement activities in proximity to the
international borders of the United States are identified and
communicated to the Secretary of Defense for the purposes of the
planning and executing of military training by the Department of
Defense.
(b) Formal Mechanism of Notification.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Defense, shall establish a
formal mechanism through which the information needs of the
Department of Homeland Security relating to civilian law
enforcement activities in proximity to the international borders of
the United States are identified and communicated to the Secretary
of Defense for the purposes of the planning and executing military
training by the Department of Defense.
(2) Dissemination to the armed forces.--To the extent
practicable, the Secretary of Defense shall ensure that such
information needs are disseminated to the Armed Forces in a timely
manner so the Armed Forces may take into account the information
needs of civilian law enforcement when planning and executing
training in accordance with section 371 of title 10, United States
Code.
(3) Coordination of training.--To the maximum extent
practicable, the Secretary of Defense shall ensure that the
planning and execution of training described in paragraph (2) is
coordinated with the Department of Homeland Security.
(c) Sharing of Certain Information.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Homeland
Security and the Secretary of Defense shall jointly formulate guidance
to ensure that the information relevant to civilian law enforcement
matters that is collected by the Armed Forces during the normal course
of military training or operations in proximity to the international
borders of the United States is provided promptly to relevant officials
in accordance with section 371 of title 10, United States Code.
(d) Annual Reports.--
(1) Department of defense report.--
(A) In general.--Not later than March 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees, the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on any assistance
provided by the Department of Defense to the border security
mission of the Department of Homeland Security at the
international borders of the United States during the fiscal
year preceding the fiscal year during which the report is
submitted.
(B) Elements.--Each report submitted under subparagraph (A)
shall include each of the following:
(i) A description of the military training and
operational activities of each military component
leveraged, pursuant to section 371 of title 10, United
States Code, to support the border security mission of the
Department of Homeland Security at the southern border of
the United States.
(ii) For each activity described in clause (i), each of
the following, identified by component:

(I) The Department of Homeland Security information
need that was supported.
(II) The military training or operational activity
leveraged to provide support.
(III) The duration of the support.
(IV) The cost of the support.

(iii) A description of any Department of Defense
activities provided in response to a request for assistance
from the Department of Homeland Security.
(iv) For each activity described in clause (iii)--

(I) The stated rationale of the Department of
Homeland Security for requesting assistance from the
Department of Defense.
(II) The capability provided by the Department of
Defense.
(III) The duration of the assistance provided by
the capability.
(IV) The statutory authority under which the
assistance was provided.
(V) The cost of the assistance provided.
(VI) Whether the Department of Defense was
reimbursed by the Department of Homeland Security for
the assistance provided.
(VII) In the case of assistance for which the
Department of Defense was not reimbursed, the
justification for non-reimbursement.

(v) A description of any Department of Defense excess
property provided to U. S. Customs and Border Protection.
(vi) The status of the implementation of this section.
(vii) A description of any other activity the Secretary
of Defense determines relevant.
(2) Department of homeland security report.--Not later than
March 31 of each year, the Secretary of Homeland Security shall
submit to the congressional defense committees, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on--
(A) any activities of the Department of Homeland Security
to reduce, mitigate, or eliminate the demand for Department of
Defense support at the international borders of the United
States; and
(B) the status of implementation of this section.
(3) Termination.--The requirement to submit a report under
paragraph (1) or (2) shall terminate on January 31, 2020.

Subtitle C--Naval Vessels and Shipyards

SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO OVERHAUL,
REPAIR, OR MAINTENANCE OF NAVAL VESSELS.
Section 7299a(c)(4) of title 10, United States Code, is amended by
striking ``six months'' and inserting ``10 months''.
SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING CONTRACTS.
(a) Warranty Requirements.--
(1) In general.--Chapter 633 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7318. Warranty requirements for shipbuilding contracts
``(a) Requirement.--A contracting officer for a contract for new
construction for which funds are expended from the Shipbuilding and
Conversion, Navy account shall require, as a condition of the contract,
that the work performed under the contract is covered by a warranty for
a period of at least one year.
``(b) Waiver.--If the contracting officer for a contract covered by
the requirement under subsection (a) determines that a limited
liability of warranted work is in the best interest of the Government,
the contracting officer may agree to limit the liability of the work
performed under the contract to a level that the contracting officer
determines is sufficient to protect the interests of the Government and
in keeping with historical levels of warranted work on similar
vessels.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:

``7318. Warranty requirements for shipbuilding contracts.''.

(b) Effective Date.--Section 7318 of title 10, United States Code,
as added by subsection (a), shall take effect on the later of the
following dates:
(1) The date of the enactment of the National Defense
Authorization for Fiscal Year 2018.
(2) September 30, 2017.
SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND.
(a) Authority for Multiyear Procurement of Critical Components to
Support Continuous Production of the Common Missile Compartment.--
Section 2218a of title 10, United States Code, is amended--
(1) by redesignating subsections (i) and (j) as subsections (j)
and (k), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Authority for Multiyear Procurement of Critical Components to
Support Continuous Production of the Common Missile Compartment.--(1)
To implement the continuous production of the common missile
compartment, the Secretary of the Navy may use funds deposited in the
Fund, in conjunction with funds appropriated for the procurement of
other nuclear-powered vessels, to enter into one or more multiyear
contracts (including economic ordering quantity contracts), for the
procurement of critical contractor-furnished and Government-furnished
components for the common missile compartments of national sea-based
deterrence vessels. The authority under this subsection extends to the
procurement of equivalent critical parts, components, systems, and
subsystems common with and required for other nuclear-powered vessels.
``(2) In each annual budget request submitted to Congress, the
Secretary shall clearly identify funds requested for the common missile
compartment and the individual ships and programs for which such funds
are requested.
``(3) Any contract entered into pursuant to paragraph (1) shall
provide that any obligation of the United States to make a payment
under the contract is subject to the availability of appropriations for
that purpose and that the total liability to the Government for the
termination of the contract shall be limited to the total amount of
funding obligated for the contract as of the date of the
termination.''.
(b) Definition of National Sea-based Deterrence Vessel.--Subsection
(k)(2) of such section, as redesignated by subsection (b), is amended--
(1) by striking ``any vessel'' and inserting ``any submersible
vessel constructed or purchased after fiscal year 2016 that is'';
and
(2) by inserting ``and'' before ``that carries''.
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF
TICONDEROGA-CLASS CRUISERS OR DOCK LANDING SHIPS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2017 may be obligated or expended--
(1) to retire, prepare to retire, or inactivate a cruiser or
dock landing ship; or
(2) to place more than six cruisers and one dock landing ship
in the modernization program under section 1026(a)(2) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3490).

Subtitle D--Counterterrorism

SEC. 1031. FREQUENCY OF COUNTERTERRORISM OPERATIONS BRIEFINGS.
(a) In General.--Subsection (a) of section 485 of title 10, United
States Code is amended by striking ``quarterly'' and inserting
``monthly''.
(b) Section Heading.--The section heading for such section is
amended by striking ``Quarterly'' and inserting ``Monthly''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title is amended by striking the item relating to
section 485 and inserting the following new item:

``485. Monthly counterterrorism operations briefings.''.
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUB, TO THE UNITED STATES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2017, to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
of Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to the Department of Defense may be used
during the period beginning on the date of the enactment of this Act
and ending on December 31, 2017, to construct or modify any facility in
the United States, its territories, or possessions to house any
individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense unless authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' has the meaning given
that term in section 1034(f)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 971; 10 U.S. C.
801 note).
SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE TO
CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2017, to transfer, release, or assist in the transfer or
release of any individual detained in the custody or under the control
of the Department of Defense at United States Naval Station, Guantanamo
Bay, Cuba, to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF FORCES AT OR
CLOSURE OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense for fiscal year 2017 may be
used--
(1) to close or abandon United States Naval Station, Guantanamo
Bay, Cuba;
(2) to relinquish control of Guantanamo Bay to the Republic of
Cuba; or
(3) to implement a material modification to the Treaty Between
the United States of America and Cuba signed at Washington, D.C. on
May 29, 1934, that constructively closes United States Naval
Station, Guantanamo Bay.
SEC. 1036. CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR SENSITIVE
MILITARY OPERATIONS.
(a) Timing of Notifications.--Subsection (a) of section 130f of
title 10, United States Code, is amended in the first sentence, by
inserting ``no later than 48 hours'' before ``following such
operation''.
(b) Procedures.--Subsection (b) of such section is amended--
(1) In paragraph (1), by adding at the end the following new
sentence: ``The Secretary shall promptly notify the congressional
defense committees in writing of any changes to such procedures at
least 14 days prior to the adoption of any such changes''; and
(2) by adding at the end the following new paragraph:
``(3) In the event of an unauthorized disclosure of a sensitive
military operation covered by this section, the Secretary shall ensure,
to the maximum extent practicable, that the congressional defense
committees are notified immediately of the sensitive military operation
concerned. The notification under this paragraph may be verbal or
written, but in the event of a verbal notification a written
notification shall be provided by not later than 48 hours after the
provision of the verbal notification.''.
(c) Briefing Requirements.--Such section is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) in subsection (c), by inserting before the period at the
end the following: ``, including Department of Defense support to
such operations conducted under the National Security Act of 1947
(50 U.S.C. 3001 et seq.)''.
(d) Definition of Sensitive Military Operation.--Subsection (d) of
such section is amended by striking ``means'' and all that follows and
inserting ``means the following:''
``(1) A lethal operation or capture operation--
``(A) conducted by the armed forces outside a declared
theater of active armed conflict; or
``(B) conducted by a foreign partner in coordination with
the armed forces that targets a specific individual or
individuals.
``(2) An operation conducted by the armed forces outside a
declared theater of active armed conflict in self-defense or in
defense of foreign partners, including during a cooperative
operation.''.
(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 inserting the following new item:

``130f. Notification requirements for sensitive military operations.''.

Subtitle E--Miscellaneous Authorities and Limitations

SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION BY THE DEPARTMENT OF
DEFENSE OF NON-DEPARTMENT OF DEFENSE PERSONNEL AND CARGO.
(a) Transportation of Allied and Civilian Personnel and Cargo.--
Subsection (c) of section 2649 of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking ``Personnel'' and
inserting ``and Civilian Personnel and Cargo'';
(2) by striking ``Until January 6, 2016, when'' and inserting
``When''; and
(3) by striking ``allied forces or civilians'', and inserting
``allied and civilian personnel and cargo''.
(b) Commercial Insurance.--Such section is further amended by
adding at the end the following new subsection:
``(d) Commercial Insurance.--The Secretary may enter into a
contract or other arrangement with one or more commercial providers to
make insurance products available to non-Department of Defense shippers
using the Defense Transportation System to insure against the loss or
damage of the shipper's cargo. Any such contract or arrangement shall
provide that--
``(1) any insurance premium is collected by the commercial
provider;
``(2) any claim for loss or damage is processed and paid by the
commercial provider;
``(3) the commercial provider agrees to hold the United States
harmless and waive any recourse against the United States for
amounts paid to an insured as a result of a claim; and
``(4) the contract between the commercial provider and the
insured shall contain a provision whereby the insured waives any
claim against the United States for loss or damage that is within
the scope of enumerated risks covered by the insurance product.''.
(c) Conforming Cross-reference Amendments.--Subsection (b) of such
section is amended by striking ``this section'' both places it appears
and inserting ``subsection (a)''.
SEC. 1042. REDUCTION IN MINIMUM NUMBER OF NAVY CARRIER AIR WINGS AND
CARRIER AIR WING HEADQUARTERS REQUIRED TO BE MAINTAINED.
(a) Codification and Reduction.--Section 5062 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e) The Secretary of the Navy shall ensure that--
``(1) the Navy maintains a minimum of 9 carrier air wings until
the earlier of--
``(A) the date on which additional operationally deployable
aircraft carriers can fully support a 10th carrier air wing; or
``(B) October 1, 2025;
``(2) after the earlier of the two dates referred to in
subparagraphs (A) and (B) of paragraph (1), the Navy maintains a
minimum of 10 carrier air wings; and
``(3) for each such carrier air wing, the Navy maintains a
dedicated and fully staffed headquarters.''.
(b) Repeal of Superseded Requirement.--Section 1093 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1606; 10 U.S.C. 5062 note) is repealed.
SEC. 1043. MODIFICATION TO SUPPORT FOR NON-FEDERAL DEVELOPMENT AND
TESTING OF MATERIAL FOR CHEMICAL AGENT DEFENSE.
Section 1034 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) is amended--
(1) in subsection (d)--
(A) by striking ``report on the use of the authority under
subsection (a)'' and all that follows and inserting ``report
that includes--''
``(A) a description of--
``(i) each use of the authority under subsection (a);
and
``(ii) for each such use, the specific material made
available and to whom it was made available; and
``(B) a description of--
``(i) any instance in which the Department of Defense
made available to a State, a unit of local government, or a
private entity any biological select agent or toxin for the
development or testing of any biodefense technology; and
``(ii) for each such instance, the specific material
made available and to whom it was made available.''; and
(B) by adding at the end the following new paragraph:
``(3) The requirement to submit a report under paragraph (1)
shall terminate on January 31, 2021.''; and
(2) in subsection (e), by striking ``this section'' and all
that follows and inserting ``this section:''
``(1) The terms `precursor', `protective purposes', and `toxic
chemical' have the meanings given those terms in the convention
referred to in subsection (c), in paragraph 2, paragraph 9(b), and
paragraph 1, respectively, of article II of that convention.
``(2) The term `biological select agent or toxin' means any
agent or toxin identified under any of the following:
``(A) Section 331.3 of title 7, Code of Federal
Regulations.
``(B) Section 121.3 or section 121.4 of title 9, Code of
Federal Regulations.
``(C) Section 73.3 or section 73.4 of title 42, Code of
Federal Regulations.''.
SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPERATIONS.
Section 1004 of the Bipartisan Budget Act of 2015 (Public Law 114-
74; 47 U.S.C. 921 note) is amended by adding at the end the following:
``(d) Protection of Certain Federal Spectrum Operations.--If the
report required by subsection (a) determines that reallocation and
auction of the spectrum described in the report would harm national
security by impacting existing terrestrial Federal spectrum operations
at the Nevada Test and Training Range, the Commission, in coordination
with the Secretary shall, prior to the auction described in subsection
(c)(1)(B), establish rules for licensees in such spectrum sufficient to
mitigate harmful interference to such operations.
``(e) Rule of Construction.--Nothing in this section shall be
construed to affect any requirement under section 1062(b) of the
National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921
note; Public Law 106-65).''.
SEC. 1045. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) Prohibitions.--Except as provided under subsection (b), none of
the funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the Navy may be obligated or
expended to--
(1) retire, prepare to retire, transfer, or place in storage
any AVENGER-class mine countermeasures ship or associated
equipment;
(2) retire, prepare to retire, transfer, or place in storage
any SEA DRAGON (MH-53) helicopter or associated equipment;
(3) make any reductions to manning levels with respect to any
AVENGER-class mine countermeasures ship; or
(4) make any reductions to manning levels with respect to any
SEA DRAGON (MH-53) helicopter squadron or detachment.
(b) Waiver.--The Secretary of the Navy may waive the limitations
under subsection (a) if the Secretary certifies to the congressional
defense committees that the Secretary has--
(1) identified a replacement capability and the necessary
quantity of such systems to meet all combatant commander mine
countermeasures operational requirements that are currently being
met by the AVENGER-class ships and SEA DRAGON helicopters to be
retired, transferred, or placed in storage;
(2) achieved initial operational capability of all systems
described in paragraph (1); and
(3) deployed a sufficient quantity of systems described in
paragraph (1) that have achieved initial operational capability to
continue to meet or exceed all combatant commander mine
countermeasures operational requirements currently being met by the
AVENGER-class ships and SEA DRAGON helicopters.
SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION TO
ISSUE NON-PREMIUM AVIATION INSURANCE.
Section 44310(b) of title 49, United States Code, is amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019''.
SEC. 1047. EVALUATION OF NAVY ALTERNATE COMBINATION COVER AND UNISEX
COMBINATION COVER.
(a) Mandatory Possession or Wear Date.--The Secretary of the Navy
shall change the mandatory possession or wear date of the alternate
combination cover or the unisex combination cover from October 31,
2016, to October 31, 2018.
(b) Evaluation and Report.--Not later than February 1, 2017, the
Secretary of the Navy shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the evaluation
of the Navy female service dress uniforms based on surveying a
representative group of female officer and enlisted service members.
Such evaluation shall include each of the following:
(1) An identification of the operational need addressed by the
alternate combination cover or the unisex combination cover.
(2) An assessment of the individual cost of service dress
uniform items to members of the Armed Forces as a percentage of
their monthly pay.
(3) The composition of each uniform item's wear test group.
(4) An identification of the costs to the Navy and to
individual members of the Armed Forces for uniform changes
identified in the Navy administrative message 236/15 dated October
9, 2015.
(5) The opinions of a representative group of female officer
and enlisted service members of the Navy active and reserve
components.
(6) Any other rationale the Secretary determines appropriate.
SEC. 1048. INDEPENDENT EVALUATION OF DEPARTMENT OF DEFENSE EXCESS
PROPERTY PROGRAM.
(a) In General.--The Secretary of Defense shall enter into an
agreement with a federally funded research and development center, or
another appropriate independent entity, with relevant expertise to
conduct an evaluation of the Department of Defense excess property
program under section 2576a of title 10, United States Code. Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall submit such evaluation to the congressional defense
committees.
(b) Elements of Evaluation.--The evaluation required under
paragraph (1) shall include each of the following:
(1) A review of the current listing of ``authorized'',
``controlled'', and ``prohibited'' items as defined by Executive
Order 13688 and by Department of Defense policy, guidance, and
instruction, as well as why each item is currently assigned to each
category.
(2) A review of the preferences and any associated
prioritization provided to Federal, State, and local law
enforcement agency requests for excess equipment to be used in
border security, counterdrug, and counterterrorism activities,
pursuant to section 2576a(a)(1)(A) of title 10 United States Code,
including the overall numbers and percentages of equipment provided
and used under these preferential categories.
(3) Whether the Department of Defense has bought a type of
equipment and declared as excess the same type of equipment during
the same year, and if so, how much such equipment.
(4) The type of information being collected by State
coordinators and the Defense Logistics Agency when a request for
equipment is made, and whether or not that information is
sufficient to demonstrate a need for the equipment requested by the
law enforcement agency making the request.
(5) The extent to which State coordinators and the Defense
Logistics Agency deny requests for equipment and the reasons for
such denials.
(6) The extent to which law enforcement agencies have been
suspended from participating in the program and the reasons for
such suspensions.
(7) Any other matters the Secretary determines appropriate.
SEC. 1049. WAIVER OF CERTAIN POLYGRAPH EXAMINATION REQUIREMENTS.
The Secretary of Homeland Security, acting through the Commissioner
of U.S. Customs and Border Protection, may waive the polygraph
examination requirement under section 3 of the Anti-Border Corruption
Act of 2010 (Public Law 111-376) for any applicant who--
(1) the Commissioner determines is suitable for employment;
(2) holds a current, active Top Secret clearance and is able to
access sensitive compartmented information;
(3) has a current single scope background investigation;
(4) was not granted any waivers to obtain the clearance; and
(5) is a veteran (as such term is defined in section 2108 or
2109a of title 5, United States Code).
SEC. 1050. USE OF TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TO
GAIN ACCESS AT DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Access to Installations for Credentialed Transportation
Workers.--During the period that the Secretary is developing and
fielding physical access standards, capabilities, processes, and
electronic access control systems, the Secretary shall, to the maximum
extent practicable, ensure that the Transportation Worker
Identification Credential (TWIC) shall be accepted as a valid
credential for unescorted access to Department of Defense installations
by transportation workers.
(b) Credentialed Transportation Workers With Secret Clearance.--
TWIC-carrying transportation workers who also have a current Secret
Level Clearance issued by the Department of Defense shall be considered
exempt from further vetting when seeking unescorted access at
Department of Defense facilities. Access security personnel shall
verify such person's security clearance in a timely manner and provide
them with unescorted access to complete their freight service.
SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF
CERTAIN LANDMINES AND BRIEFING ON DEVELOPMENT OF REPLACEMENT ANTI-
PERSONNEL LANDMINE MUNITIONS.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the Department of Defense may be
obligated or expended for the destruction of anti-personnel landmine
munitions before the date on which the Secretary of Defense submits the
report required by section 1058(c) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
986).
(b) Exception for Safety.--Subsection (a) shall not apply to any
anti-personnel landmine munitions that the Secretary determines are
unsafe or could pose a safety risk if not demilitarized or destroyed.
(c) Briefing Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the current
state of research and development into operational alternatives to
anti-personnel landmine munitions.
(2) Form of briefing.--The briefing required by paragraph (1)
may contain classified information.
(d) Anti-personnel Landmine Munitions Defined.--In this section,
the term ``anti-personnel landmine munitions'' includes anti-personnel
landmines and sub-munitions as defined by the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction, as determined by the
Secretary.
SEC. 1052. TRANSITION OF AIR FORCE TO OPERATION OF REMOTELY PILOTED
AIRCRAFT BY ENLISTED PERSONNEL.
(a) Transition Required.--The Secretary of the Air Force shall
transition the Air Force to an organizational model for all Air Force
remotely piloted aircraft that uses a significant number of enlisted
personnel as operators of such aircraft rather than officers only.
(b) Deadlines.--
(1) Regular component.--For the regular component of the Air
Force, the transition required by subsection (a) shall be completed
not later than September 30, 2020.
(2) Reserve components.--For the Air Force Reserve and Air
National Guard, the transition required by subsection (a) shall be
completed not later than September 30, 2023.
(c) Transition Matters.--The transition required by subsection (a)
shall account for the following:
(1) Training infrastructure for enlisted personnel operating
Air Force remotely piloted aircraft.
(2) Supervisory roles for officers and senior enlisted
personnel for enlisted personnel operating Air Force remotely
piloted aircraft.
(d) Reports.--
(1) Initial report.--Not later than March 1, 2017, the
Secretary of the Air Force shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
that sets forth a detailed description of the plan for the
transition required by subsection (a), including the following:
(A) The objectives of the transition.
(B) The timeline of the transition.
(C) The resources required to implement the transition.
(D) Recommendations for any legislation action required to
implement the transition.
(E) The assumptions used to complete the transition.
(F) Risks associated with implementing the transition.
(2) Reports on progress of implementation.--Not later than
March 1, 2018, and each March 1 thereafter until the transition
required by subsection (a) is completed, the Secretary shall submit
to the committees referred to in paragraph (1) a report on the
progress of the Air Force in implementing the plan required under
that paragraph and in achieving the transition required by
subsection (a).
SEC. 1053. PROHIBITION ON DIVESTMENT OF MARINE CORPS SEARCH AND RESCUE
UNITS.
None of the amounts authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the Navy or the
Marine Corps may be obligated or expended--
(1) to retire, prepare to retire, transfer, or place in storage
any Marine Corps Search and Rescue Unit (SRU) aircraft; or
(2) to make any change or revision to manning levels with
respect to any Marine Corps Search and Rescue Unit squadron.
SEC. 1054. SUPPORT FOR THE ASSOCIATE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY FOR MILITARY AFFAIRS.
(a) Selection of Associate Director.--The Associate Director of the
Central Intelligence Agency for Military Affairs shall be selected by
the Secretary of Defense, with the concurrence of the Director of the
Central Intelligence Agency, from among commissioned officers of the
Armed Forces who are general or flag officers.
(b) Support for Activities.--
(1) In general.--In order to improve the provision of support
to, and the receipt of support from, the Central Intelligence
Agency, and to improve deconfliction of the activities of the
Central Intelligence Agency and the Department of Defense, the
Secretary of Defense and the Under Secretary of Defense for
Intelligence shall ensure that the Associate Director of the
Central Intelligence Agency for Military Affairs has access to, and
support from, offices, agencies, and programs of the Department
necessary for the purposes of the Associate Director as follows:
(A) To facilitate and coordinate Department of Defense
support for the Central Intelligence Agency requested by the
Director of the Central Intelligence Agency and approved by the
Secretary, including oversight of Department of Defense
military and civilian personnel detailed or assigned to the
Central Intelligence Agency.
(B) To prioritize, communicate, and coordinate Department
of Defense requests for, and the provision of support to, the
Department of Defense from the Central Intelligence Agency,
including support requested by and provided to the commanders
of the combatant commands and subordinate task forces and
commands.
(2) Policies.--The Under Secretary shall develop and supervise
the implementation of policies to integrate and communicate
Department of Defense requirements and requests for support from
the Central Intelligence Agency that are coordinated by the
Associate Director pursuant to paragraph (1)(B).
SEC. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.
(a) Limitation.--The Secretary of Defense may provide defense
sensitive support to a non-Department of Defense Federal department or
agency only after the Secretary has determined that such support--
(1) is consistent with the mission and functions of the
Department of Defense; and
(2) does--
(A) not significantly interfere with the mission or
functions of the Department; or
(B) interfere with the mission and functions of the
Department of Defense but such support is in the national
security interest of the United States.
(b) Notice Required.--
(1) In general.--Except as provided in paragraph (3), before
providing defense sensitive support to a non-Department of Defense
Federal department or agency, the Secretary of Defense shall notify
the congressional defense committees, and, when the part of the
Department of Defense providing the sensitive support is a member
of the intelligence community, the congressional intelligence
committees of the Secretary's intent to provide such support.
(2) Contents.--Notice provided under paragraph (1) shall
include the following:
(A) A description of the support to be provided.
(B) A description of how the support is consistent with the
mission and functions of the Department.
(C) A description of how the support--
(i) does not significantly interfere with the mission
or functions of the Department; or
(ii) significantly interferes with the mission or
functions of the Department but is in the national security
interest of the United States.
(3) Time sensitive support.--In the event that the provision of
defense sensitive support is time-sensitive, the Secretary--
(A) may provide notification under paragraph (1) after
providing the support; and
(B) shall provide such notice as soon as practicable after
providing such support, but not later than 48 hours after
providing the support.
(c) Defense Sensitive Support Defined.--In this section, the term
``defense sensitive support'' means support provided by the Department
of Defense to a non-Department of Defense Federal department or agency
that requires special protection from disclosure.
SEC. 1056. PROHIBITION ON ENFORCEMENT OF MILITARY COMMISSION RULINGS
PREVENTING MEMBERS OF THE ARMED FORCES FROM CARRYING OUT OTHERWISE
LAWFUL DUTIES BASED ON MEMBER SEX.
(a) Prohibition.--No order, ruling, finding, or other determination
of a military commission may be construed or implemented to prohibit or
restrict a member of the Armed Forces from carrying out duties
otherwise lawfully assigned to such member to the extent that the basis
for such prohibition or restriction is the sex of such member.
(b) Applicability to Prior Orders, etc..--The prohibition or
restriction described in subsection (a) shall, upon motion, apply to
any order, ruling, finding, or other determination described in that
subsection that was issued before the date of the enactment of this Act
in a military commission and is still effective as of the date of such
motion.
(c) Military Commission Defined.--In this section, the term
``military commission'' means a military commission established under
chapter 47A of title 10, United States Code, and any military
commission otherwise established or convened by law.

Subtitle F--Studies and Reports

SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE
REPORTING REQUIREMENTS.
(a) Exceptions to Reports Termination Provision.--Section 1080 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to any
report required to be submitted to Congress by the Department of
Defense, or by any officer, official, component, or element of the
Department, pursuant to a provision of law specified in this section,
notwithstanding the enactment of the reporting requirement by an annual
national defense authorization Act or the inclusion of the report in
the list of reports prepared by the Secretary of Defense pursuant to
subsection (c) of such section 1080.
(b) Final Termination Date for Submittal of Exempted Reports.--
(1) In general.--Except as provided in paragraph (2), each
report required pursuant to a provision of law specified in this
section that is still required to be submitted to Congress as of
December 31, 2021, shall no longer be required to be submitted to
Congress after that date.
(2) Reports exempted from termination.--The termination dates
specified in paragraph (1) and section 1080 of the National Defense
Authorization Act for Fiscal Year 2016 do not apply to the
following:
(A) The submission of the reports on the National Military
Strategy and Risk Assessment under section 153(b)(3) of title
10, United States Code.
(B) The submission of the future-years defense program
(including associated annexes) under section 221 of title 10,
United States Code.
(C) The submission of the future-years mission budget for
the military programs of the Department of Defense under
section 221 of such title.
(D) The submission of audits of contracting compliance by
the Inspector General of the Department of Defense under
section 1601(b) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2533a note).
(c) Reports Required by Title 10, United States Code.--Subject to
subsection (b), subsection (a) applies to reporting requirements
contained in the following sections of title 10, United States Code:
(1) Section 113(i).
(2) Section 117(e).
(3) 118a(d).
(4) Section 119(a) and (b).
(5) Section 127b(f).
(6) Section 139(h).
(7) Section 139b(d).
(8) Sections 153(c).
(9) Section 171a(e) and (g)(2).
(10) Section 179(f).
(11) Section 196(d)(1), (d)(4), and (e)(3).
(12) Section 223a(a).
(13) Section 225(c)
(14) Section 229.
(15) Section 231.
(16) Section 231a.
(17) Section 238.
(18) Section 341(f) of title 10, United States Code, as amended
by section 1246 of this Act.
(19) Section 401(d).
(20) Section 407(d).
(21) Section 481a(c).
(22) Section 482(a).
(23) Section 488(c).
(24) Section 494(b).
(25) Section 526(j).
(26) Section 946(c) (Article 146 of the Uniform Code of
Military Justice).
(27) Section 981(c).
(28) Section 1116(d).
(29) Section 1566(c)(3).
(30) Section 1557(e).
(31) Section 1781a(e).
(32) Section 1781c(h).
(33) Section 2011(e).
(34) Section 2166(i).
(35) Section 2218(h).
(36) Section 2228(e).
(37) Section 2229(d).
(38) Section 2229a.
(39) Section 2249c(c).
(40) Section 2275.
(41) Section 2276(e).
(42) Section 2367(d).
(43) Section 2399(g).
(44) Section 2445b.
(45) Section 2464(d).
(46) Section 2466(d).
(47) Section 2504.
(48) Section 2561(c).
(49) Section 2684a(g).
(50) Section 2687a.
(51) Section 2711.
(52) Sections 2884(b) and (c).
(53) Section 2911(a) and (b)(3).
(54) Section 2925.
(55) Section 2926(c)(4).
(56) Section 4361(d)(4)(B).
(57) Section 4721(e).
(58) Section 6980(d)(4)(B).
(59) Section 7310(c).
(60) Section 9361(d)(4)(B).
(61) Section 10216(c).
(62) Section 10541.
(63) Section 10543.
(d) Reports Required by National Defense Authorization Act for
Fiscal Year 2015.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291):
(1) Section 546(d) (10 U.S.C. 1561 note).
(2) Section 1003 (10 U.S.C. 221 note).
(3) Section 1026(d) (128 Stat. 3490).
(4) Section 1055 (128 Stat. 3498).
(5) Section 1204(b) (10 U.S.C. 2249e note).
(6) Section 1205(e) (128 Stat. 3537).
(7) Section 1206(e) (10 U.S.C. 2282 note).
(8) Section 1211 (128 Stat. 3544).
(9) Section 1225 (128 Stat. 3550).
(10) Section 1235 (128 Stat. 3558).
(11) Section 1245 (128 Stat. 3566).
(12) Section 1253(b) (22 U.S.C. 2151 note).
(13) Section 1275(b) (128 Stat. 3591).
(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743).
(15) Section 1650 (128 Stat. 3653).
(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; 10 U.S.C.
2431 note).
(17) Section 2821(a)(3) (10 U.S.C. 2687 note).
(e) Reports Required by National Defense Authorization Act for
Fiscal Year 2014.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66):
(1) Section 704(e) (10 U.S.C. 1074 note).
(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note).
(3) Section 904(d)(2) (10 U.S.C. 111 note).
(4) Section 1205(f)(3) (32 U.S.C. 107 note).
(f) Reports Required by National Defense Authorization Act for
Fiscal Year 2013.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239):
(1) Section 524(c)(2) (10 U.S.C. 1222 note).
(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note).
(3) Section 1009 (126 Stat. 1906).
(4) Section 1023 (126 Stat. 1911).
(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101 note).
(g) Reports Required by National Defense Authorization Act for
Fiscal Year 2011.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383):
(1) Section 123 (10 U.S.C. 167 note).
(2) Section 1216(c) (124 Stat. 4392).
(3) Section 1217(i) (22 U.S.C. 7513 note).
(4) Section 1631(d) (10 U.S.C. 1561 note).
(h) Reports Required by National Defense Authorization Act for
Fiscal Year 2010.--Subject to subsection (b), subsection (a) applies to
reporting requirements contained in the following sections of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84):
(1) Section 711(d) (10 U.S.C. 1071 note).
(2) Section 1003(b) (10 U.S.C. 2222 note).
(3) Section 1244(d) (22 U.S.C. 1928 note).
(4) Section 1245 (123 Stat. 2542).
(5) Section 1806 (10 U.S.C. 948a note).
(i) Reports Required by Other Laws.--Subject to subsection (b),
subsection (a) applies to reporting requirements contained in the
following provisions of law:
(1) Sections 1412(i) and (j) of the National Defense
Authorization Act, 1986 (50 U.S.C. 1521), as amended by section
1421 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383).
(2) Section 1703 of the National Defense Authorization Act for
Fiscal Year 1994 (50 U.S.C. 1523).
(3) Section 717(c) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 1073 note).
(4) Section 234 of the National Defense Authorization Act for
Fiscal Year 1998 (50 U.S.C. 2367).
(5) Section 1309(c) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 113 note).
(6) Section 1237(b)(2) of the National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1701 note).
(7) Section 1202 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 113 note).
(8) Section 232(h)(2) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2431 note).
(9) Section 366(a)(5) and (c)(2) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314;
10 U.S.C. 113 note).
(10) Section 1208(f) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2086).
(11) Section 1208(d) of the National Defense Authorization Act
for 2006 (Public Law 109-163; 119 Stat. 3459).
(12) Section 1405(d) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 801 note).
(13) Section 122(f)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2104).
(14) Section 721 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2294).
(15) Section 1017(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 2631 note).
(16) Section 1517(f) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2443).
(17) Section 911(f)(2) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2271 note).
(18) Section 1034(d) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 309).
(19) Section 1107(d) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 358).
(20) Section 1233(f) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393).
(21) Section 1234(e) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394).
(22) Section 219(c) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 2358 note).
(23) Section 533(i) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2010 (Public Law 110-417).
(24) Section 1047(d)(2) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2010 (Public Law 110-417; 10
U.S.C. 2366b note).
(25) Section 1201(b)(1) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619).
(26) Section 1236 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1641).
(27) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c-
1(b)(3)).
(28) Section 1511(h) of the Armed Forces Retirement Home Act of
1991 (24 U.S.C. 411(h)).
(29) Section 901(f) of the Office of National Drug Control
Policy Reauthorization Act of 2006 (Public Law 109-469; 32 U.S.C.
112 note), as added by section 1008 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239).
(30) Section 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-5).
(31) Section 105A(b) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20308(b)), as added by section 586
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84).
(32) Section 112(f) of title 32, United States Code.
(33) Section 310b(i)(2) of title 37, United States Code.
(j) Conforming Amendment.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) is amended--
(1) by striking ``on the date that is two years after the date
of the enactment of this Act'' and inserting ``November 25, 2017'';
and
(2) by striking ``effective''.
(k) Report to Congress.--Not later than February 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes each of the following:
(1) A list of all reports that are required to be submitted to
Congress as of the date of the enactment of this Act that will no
longer be required to be submitted to Congress as of November 25,
2017.
(2) For each such report, a citation to the provision of law
under which the report is or was required to be submitted.
SEC. 1062. REPORTS ON PROGRAMS MANAGED UNDER ALTERNATIVE COMPENSATORY
CONTROL MEASURES IN THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 119a. 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. 1063. MATTERS FOR INCLUSION IN REPORT ON DESIGNATION OF COUNTRIES
FOR WHICH REWARDS MAY BE PAID UNDER DEPARTMENT OF DEFENSE REWARDS
PROGRAM.
Section 127b(h) of title 10, United States Code, is amended--
(1) in paragraph (2), by inserting ``and justification'' after
``reason''; and
(2) by amending paragraph (3) to read as follows:
``(3) An estimate of the amount or value of the rewards to be
paid as monetary payment or payment-in-kind under this section.''.
SEC. 1064. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE ARMED FORCES
AND THE COMBATANT COMMANDS AND ANNUAL REPORT ON COMBATANT COMMAND
REQUIREMENTS.
(a) Annual Reports Required.--
(1) In general.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 222 the following new section:
``Sec. 222a. Unfunded priorities of the armed forces and combatant
commands: annual report
``(a) Annual Report.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, each officer specified
in subsection (b) shall submit to the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, and to the congressional defense
committees, a report on the unfunded priorities of the armed force or
forces or combatant command under the jurisdiction or command of such
officer.
``(b) Officers.--The officers specified in this subsection are the
following:
``(1) The Chief of Staff of the Army.
``(2) The Chief of Naval Operations.
``(3) The Chief of Staff of the Air Force.
``(4) The Commandant of the Marine Corps.
``(5) The commanders of the combatant commands established
under section 161 of this title.
``(c) Elements.--
``(1) In general.--Each report under this subsection shall
specify, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable
operation and maintenance accounts.
``(2) Prioritization of priorities.--Each report shall present
the unfunded priorities covered by such report in order of urgency
of priority.
``(d) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31;
``(2) is necessary to fulfill a requirement associated with an
operational or contingency plan of a combatant command or other
validated requirement; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the officer submitting the
report required by subsection (a) in connection with the budget
if--
``(A) additional resources been available for the budget to
fund the program, activity, or mission requirement; or
``(B) the program, activity, or mission requirement has
emerged since the budget was formulated.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 9 of such title is amended by inserting after the item
relating to section 222 the following new item:

``222a. Unfunded priorities of the armed forces and combatant commands:
annual report.''.

(b) Repeal of Superseded Provision.--Section 1003 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 113-239; 126
Stat. 1903) is repealed.
(c) Submittal of Annual Report on Combatant Command Requirements.--
Section 153(c)(1) of title 10, United States Code, is amended by
striking ``At or about the time that the budget is submitted to
Congress for a fiscal year under section 1105(a) of title 31'' and
inserting ``Not later than 25 days after the date on which the budget
of the President for a fiscal year is submitted to Congress pursuant to
section 1105(a) of title 31''.
SEC. 1065. MANAGEMENT AND REVIEWS OF ELECTROMAGNETIC SPECTRUM.
(a) Management and Reviews.--
(1) In general.--Section 488 of title 10, United States Code,
is amended to read as follows:
``Sec. 488. Management and review of electromagnetic spectrum
``(a) Organization.--The Secretary of Defense shall--
``(1) ensure the effective organization and management of the
electromagnetic spectrum used by the Department of Defense; and
``(2) establish an enduring review and evaluation process
that--
``(A) considers all requirements relating to such spectrum;
and
``(B) ensures that all users of such spectrum, regardless
of the classification of such uses, are involved in the
decision-making process of the Department concerning the
potential sharing, reassigning, or reallocating of such
spectrum, or the relocation of the uses by the Department of
such spectrum.
``(b) Reports.--(1) From time to time as the Secretary and the
Chairman of the Joint Chiefs of Staff determine useful for the
effective oversight of the access by the Department to electromagnetic
spectrum, but not less frequently than every two years, the Secretary
and the Chairman shall jointly submit to the congressional defense
committees a report on national policy plans regarding implications for
such access in bands identified for study for potential reallocation,
or under consideration for potential reallocation, by the Policy and
Plans Steering Group established by the National Telecommunications and
Information Administration.
``(2) Each report under paragraph (1) shall address, with respect
to the electromagnetic spectrum used by the Department that is covered
by the report, the implications to the missions of the Department
resulting from sharing, reassigning, or reallocating the spectrum, or
relocating the uses by the Department of such spectrum, if the
Secretary and the Chairman jointly determine that such sharing,
reassigning, reallocating, or relocation--
``(A) would potentially create a loss of essential military
capability to the missions of the Department, as determined under
feasibility assessments to ensure comparable capability; or
``(B) would not likely be possible within the 10-year period
beginning on the date of the report.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 23 of such title is amended by striking the item
relating to section 488 and inserting the following new item:

``488. Management and review of electromagnetic spectrum.''.

(b) Issuance of Instruction or Directive.--The Secretary of Defense
shall--
(1) not later than 180 days after the date of the enactment of
this Act, issue a Department of Defense Instruction or a Department
of Defense Directive to carry out section 488(a) of title 10,
United States Code, as amended by subsection (a); and
(2) upon the date of the issuance of the instruction or
directive issued under paragraph (1), submit to the congressional
defense committees such instruction or directive.
(c) Initial Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly submit to the congressional defense
committees a report described in section 488(b) of title 10, United
States Code, as amended by subsection (a), with respect to--
(1) the plan by the National Telecommunications and Information
Administration titled ``Sixth Interim Progress Report on the Ten-
Year Plan and Timetable'' issued in June 2016; and
(2) the seventh such interim progress report issued (or to be
issued) by the National Telecommunications and Information
Administration.
SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMITTEES ON ARMED
SERVICES ON CERTAIN EXPENDITURES OF FUNDS BY DEFENSE INTELLIGENCE
AGENCY.
Section 105(c) of the National Security Act of 1947 (50 U.S.C.
3038(c)) is amended by inserting ``, the Committee on Armed Services of
the Senate, and the Committee on Armed Services of the House of
Representatives'' after ``committees'' each place it appears.
SEC. 1067. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL SELECT AGENT AND
TOXIN THEFT, LOSS, OR RELEASE INVOLVING THE DEPARTMENT OF DEFENSE.
(a) Notification Requirement.--Not later than 15 days after notice
of any theft, loss, or release of a biological select agent or toxin
involving the Department of Defense is provided to the Centers for
Disease Control and Prevention or the Animal and Plant Health
Inspection Service, as specified by section 331.19 of part 7 of the
Code of Federal Regulations, the Secretary of Defense shall provide to
the congressional defense committees notice of such theft, loss, or
release.
(b) Elements.--Notice of a theft, loss, or release of a biological
select agent or toxin under subsection (a) shall include each of the
following:
(1) The name of the agent or toxin and any identifying
information, including the strain or other relevant
characterization information.
(2) An estimate of the quantity of the agent or toxin stolen,
lost, or released.
(3) The location or facility from which the theft, loss, or
release occurred.
(4) In the case of a release, any hazards posed by the release
and the number of individuals potentially exposed to the agent or
toxin.
(5) Actions taken to respond to the theft, loss, or release.
SEC. 1068. REPORT ON SERVICE-PROVIDED SUPPORT AND ENABLING CAPABILITIES
TO UNITED STATES SPECIAL OPERATIONS FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a written report on service-common
support and enabling capabilities contributed from each of the military
services to special operations forces. Such report shall include each
of the following:
(1) A definition of the terms ``service-common'' and ``special
operations-peculiar''.
(2) A description of the factors and process used by the
Department of Defense to determine whether combat support, combat
service support, base operating support, and enabling capabilities
are service-common or special operations-peculiar.
(3) A detailed accounting of the resources allocated by each
military service to provide combat support, combat service support,
base operating support, and enabling capabilities for special
operations forces.
(4) An identification of any change in the level or type of
service-common support and enabling capabilities provided by each
of the military services to special operations forces in the
current fiscal year when compared to the preceding fiscal year,
including the rationale for any such change and any mitigating
actions.
(5) An assessment of the specific effects that the budget
request for the current fiscal year and any anticipated future
manpower and force structure changes are likely to have on the
ability of each of the military services to provide service-common
support and enabling capabilities to special operations forces.
(6) Any other matters the Secretary determines relevant.
(b) Annual Updates.--For each of fiscal years 2018 through 2020, at
the same time the Secretary of Defense submits to Congress the budget
request for such fiscal year, the Secretary shall submit to the
congressional defense committees an update to the report required under
subsection (a).
(c) Form of Report.--The report required under subsection (a) and
each update provided under subsection (b) shall be submitted in
unclassified form, but may contain a classified annex.
SEC. 1069. REPORT ON CITIZEN SECURITY RESPONSIBILITIES IN THE NORTHERN
TRIANGLE OF CENTRAL AMERICA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly prepare and submit to the appropriate congressional
committees a report on military units that have been assigned to
policing or citizen security responsibilities in Guatemala, Honduras,
and El Salvador.
(b) Matters to Be Included.--The report required by subsection (a)
shall include each of the following:
(1) The following information, as of the date of the enactment
of this Act, with respect to military units assigned to policing or
citizen security responsibilities in each of Guatemala, Honduras,
and El Salvador:
(A) The proportion of individuals in each such country's
military who participate in policing or citizen security
activities relative to the total number of individuals in that
country's military.
(B) Of the military units assigned to policing or citizen
security responsibilities, the types of units conducting police
activities.
(C) The role of the Department of Defense and the
Department of State in training individuals for purposes of
participation in such military units.
(D) The number of individuals who participated in such
military units who received training by the Department of
Defense, and the types of training they received.
(2) Any other information that the Secretary of Defense or the
Secretary of State determines to be necessary to help better
understand the relationships of the militaries of Guatemala,
Honduras, and El Salvador to public security in such countries.
(3) A description of the plan of the United States to assist
the militaries of Guatemala, Honduras, and El Salvador to carry out
their responsibilities in a manner that adheres to democratic
principles.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
(d) Public Availability.--The unclassified matter of the report
required by subsection (a) shall be posted on a publicly available
Internet website of the Department of Defense and a publicly available
Internet website of the Department of State.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
SEC. 1070. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.
(a) In General.--Not later than July 1, 2017, the Secretary of
Defense shall submit to the congressional defense committees a report
on the counterproliferation activities and programs of the Department
of Defense.
(b) Matters Included.--The report required under subsection (a)
shall include each of the following:
(1) A complete list and assessment of existing and proposed
capabilities and technologies for support of United States
nonproliferation policy and counterproliferation policy, with
regard to--
(A) interdiction;
(B) elimination;
(C) threat reduction cooperation;
(D) passive defenses;
(E) security cooperation and partner activities;
(F) offensive operations;
(G) active defenses; and
(H) weapons of mass destruction consequence management.
(2) For the existing and proposed capabilities and technologies
identified under paragraph (1), an identification of goals, a
description of ongoing efforts, and recommendations for further
enhancements.
(3) A complete description of requirements and priorities for
the development and deployment of highly effective capabilities and
technologies, including identifying areas for capability
enhancement and deficiencies in existing capabilities and
technologies.
(4) A comprehensive discussion of the near-term, mid-term, and
long-term programmatic options for meeting requirements and
eliminating deficiencies, including the annual funding requirements
and completion dates established for each such option.
(5) An outline of interagency activities and initiatives.
(6) Any other matters the Secretary considers appropriate.
(c) Forms of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 1071. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING SONAR
SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP MINEHUNTING CAPABILITIES.
(a) Report to Congress.--Not later than April 1, 2018, the
Secretary of the Navy shall submit to the congressional defense
committees a report that contains the findings of an assessment of all
operational minehunting Synthetic Aperture Sonar (hereinafter referred
to as ``SAS'') technologies suitable to meet the requirements for use
on the Littoral Combat Ship Mine Countermeasures Mission Package.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an explanation of the future acquisition strategy for the
minehunting mission package;
(2) specific details regarding the capabilities of all in-
production SAS systems available for integration into the Littoral
Combat Ship Mine Countermeasure Mission Package;
(3) an assessment of key performance parameters for the
Littoral Combat Ship Mine Countermeasures Mission Package with each
of the assessed SAS technologies; and
(4) a review of the Department of the Navy's efforts to
evaluate SAS technologies in operation with allied Navies for
future use on the Littoral Combat Ship Mine Countermeasures Mission
Package.
(c) System Testing.--The Secretary of the Navy is encouraged to
perform at-sea testing and experimentation of sonar systems in order to
provide data in support of the assessment required by subsection (a).
SEC. 1072. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED AT FORT BRAGG
AND POPE ARMY AIRFIELD AND AIR FORCE SUPPORT FOR SUCH JUMPS.
For the period beginning on January 31, 2017, and ending on January
31, 2018, the Secretary of the Air Force and the Secretary of the Army
shall jointly submit to the Committees on Armed Services of the House
of Representatives and the Senate quarterly reports on the parachute
drop requirements for the XVIII Airborne Corps, the 82nd Airborne
Division, and the United States Army Special Operations Command. Each
such report shall include, for the calendar quarter covered by the
report--
(1) the total parachute drop requirement, by month;
(2) the total parachute drops requested, by month;
(3) the total parachute drops for which the Secretary of the
Air Force entered into a contract, by month;
(4) the total parachute drops executed by non-Air Force
entities pursuant to contracts, by month;
(5) the total parachute drops executed by the Air Force, by
month;
(6) if the total parachute drop requirement was not fulfilled
for the quarter, the reasons why such requirement was not fulfilled
and the assessment of the Secretary of the Army of any effects on
Army readiness caused by the unfulfilled portion of the
requirement; and
(7) any other clarifying information, as appropriate, the
Secretaries determine the Committees would need to understand
important aspects of the Air Force implementing off-site airlift
support for XVIII Airborne Corps, the 82nd Airborne Division, and
the United States Army Special Operations Command, and the ability
of the Air Force to meet the training requirements of the Army and
the United States Special Operations Command.
SEC. 1073. STUDY ON MILITARY HELICOPTER NOISE.
(a) In General.--The Secretary of Defense, in coordination with the
Administrator of the Federal Aviation Administration, shall--
(1) conduct a study on the effects of military helicopter noise
on National Capital Region communities and individuals; and
(2) develop recommendations for the reduction of the effects of
military helicopter noise on individuals, structures, and property
values in the National Capital Region.
(b) Focus.--In conducting the study under subsection (a), the
Secretary and the Administrator shall focus on air traffic control,
airspace design, airspace management, and types of aircraft to address
helicopter noise problems and shall take into account the needs of law
enforcement, emergency, and military operations.
(c) Consideration of Views.--In conducting the study under
subsection (a), the Secretary shall consider the views of
representatives of--
(1) members of the Armed Forces;
(2) law enforcement agencies;
(3) community stakeholders, including residents and local
government officials; and
(4) organizations with an interest in reducing military
helicopter noise.
(d) Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study conducted under subsection (a).
(2) Availability to the public.--The Secretary shall make the
report required under paragraph (1) publicly available.
SEC. 1074. INDEPENDENT REVIEW OF UNITED STATES MILITARY STRATEGY AND
FORCE POSTURE IN THE UNITED STATES PACIFIC COMMAND AREA OF
RESPONSIBILITY.
(a) Independent Review.--
(1) In general.--In fiscal year 2018, the Secretary of Defense
shall commission an independent review of United States policy in
the Indo-Asia-Pacific region, with a focus on issues expected to be
critical during the ten-year period beginning on the date of such
review, including the national security interests and military
strategy of the United States in the Indo-Asia-Pacific region.
(2) Conduct of review.--The review conducted pursuant to
paragraph (1) shall be conducted by an independent organization
that has--
(A) recognized credentials and expertise in national
security and military affairs; and
(B) access to policy experts throughout the United States
and from the Indo-Asia-Pacific region.
(3) Elements.--Each review conducted pursuant to paragraph (1)
shall include the following elements:
(A) An assessment of the risks to United States national
security interests in the United States Pacific Command area of
responsibility during the ten-year period beginning on the date
of such review as a result of changes in the security
environment.
(B) An assessment of the current and planned United States
force posture adjustments with respect to the Indo-Asia-Pacific
region.
(C) An evaluation of any key capability gaps and shortfalls
of the United States in the Indo-Asia-Pacific region, including
undersea warfare (including submarines), naval and maritime,
ballistic missile defense, cyber, munitions, anti-access area
denial, land-force power projection, and intelligence,
surveillance, and reconnaissance capabilities.
(D) An analysis of the willingness and capacity of allies,
partners, and regional organizations to contribute to the
security and stability of the Indo-Asia-Pacific region,
including potential required adjustments to United States
military strategy based on that analysis.
(E) An evaluation of theater security cooperation efforts
of the United States Pacific Command in the context of current
and projected threats, and desired capabilities and priorities
of the United States and its allies and partners.
(F) An evaluation of the seams between United States
Pacific Command and adjacent geographic combatant commands,
including an appraisal of the Arctic ambitions of actors in the
Indo-Asia-Pacific region in the context of current and
projected capabilities, and recommendations to mitigate the
effects of those seams.
(G) The views of noted policy leaders and regional experts,
including military commanders, in the Indo-Asia-Pacific region.
(b) Report.--
(1) Submittal to secretary of defense.--Not later than 180 days
after commencing the review under subsection (a), the independent
organization conducting the review shall submit to the Secretary of
Defense a report containing the findings of the review. The report
shall be submitted in unclassified form, but may contain an
classified annex.
(2) Submittal to congress.--Not later than 90 days after the
date of receipt of a report required by paragraph (1), the
Secretary shall submit to the congressional defense committees the
report, together with any comments on the report that the Secretary
considers appropriate.
SEC. 1075. ASSESSMENT OF THE JOINT GROUND FORCES OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, the Chief of Staff of the Army,
and the Commandant of the Marine Corps, shall provide for and oversee
an assessment of the joint ground forces of the Armed Forces.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the assessment described in subsection (a). The report shall include
the following:
(1) A description of any gaps in the capabilities and
capacities of the joint ground forces that threaten the successful
execution of decisive operational maneuver by the joint ground
forces.
(2) Recommendations for actions to be taken to eliminate or
otherwise address such gaps in capabilities or capacities.
(3) An assessment by each of the Chief of Staff of the Army and
the Commandant of the Marine Corps of any specific gaps in the
capability and capacity of the Army and Marine Corps, respectively,
that threaten the successful execution of decisive operational
maneuver.

Subtitle G--Other Matters

SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) Section 130h is amended by striking ``subsection (a) and
(b)'' both places it appears and inserting ``subsections (a) and
(b)''.
(2) Section 187(a)(2)(C) is amended by striking ``Acquisition,
Logistics, and Technology'' and inserting ``Acquisition,
Technology, and Logistics''.
(3) Section 196(c)(1)(A)(ii) is amended by striking ``section
139(i)'' and inserting ``section 139(j)''.
(4) Subsection (b)(1)(B) of section 1415 is amended by adding a
period at the end of clause (ii).
(5) Section 1705(g)(1) is amended by striking ``of of'' and
inserting ``of''.
(6) Section 2222 is amended--
(A) in subsection (d)(1)(B), by inserting ``to'' before
``eliminate'';
(B) in subsection (g)(1)(E), by inserting ``the system''
before ``is in compliance''; and
(C) in subsection (i)(5), by striking ``program'' in the
heading.
(7) Subsection (d) of section 2431b is amended to read as
follows:
``(d) Definitions.--
``(1) Concurrency.--The term `concurrency' means, with respect
to an acquisition strategy, the combination or overlap of program
phases or activities.
``(2) Major defense acquisition program and major system.--The
terms `major defense acquisition program' and `major system' have
the meanings provided in section 2431a of this title.''.
(b) Amendments Related to Elimination of Title 50 Appendix.--
(1) Military selective service act citation changes.--
(A) Title 10, united states code.--Title 10, United States
Code, is amended as follows:
(i) Section 101(d)(6)(B)(v) is amended by striking
``(50 U.S.C. App. 460(b)(2))'' and inserting ``(50 U.S.C.
3809(b)(2))''.
(ii) Section 513(c) is amended--

(I) by striking ``(50 U.S.C. App. 451 et seq.)''
and inserting ``(50 U.S.C. 3801 et seq.)''; and
(II) by inserting ``(50 U.S.C. 3806(c)(2)(A))''
after ``of that Act''.

(iii) Section 523(b)(7) is amended by striking ``(50
U.S.C. App. 460(b)(2))'' and inserting ``(50 U.S.C.
3809(b)(2))''.
(iv) Section 651(a) is amended by striking ``(50'' and
all that follows through ``shall serve'' and inserting
``(50 U.S.C. 3806(d)(1))''.
(v) Section 671(c)(1) is amended by striking ``(50
U.S.C. App. 454(a))'' and inserting ``(50 U.S.C.
3803(a))''.
(vi) Section 1475(a)(5)(B) is amended by striking ``(50
U.S.C. App. 451 et seq.)'' and inserting ``(50 U.S.C. 3801
et seq.)''.
(vii) Section 12103 is amended--

(I) in subsections (b) and (d), by striking ``(50
U.S.C. App. 451 et seq.)'' both places it appears and
inserting ``(50 U.S.C. 3801 et seq.)''; and
(II) in subsection (d), by striking ``section
6(c)(2)(A)(ii) and (iii) of such Act'' and inserting
``clauses (ii) and (iii) of section 6(c)(2)(A) of such
Act (50 U.S.C. 3806(c)(2)(A))''.

(viii) Section 12104(a) is amended by striking ``(50
U.S.C. App. 451 et seq.)'' both places it appears and
inserting ``(50 U.S.C. 3801 et seq.)''.
(ix) Section 12208(a) is amended by striking ``(50
U.S.C. App. 451 et seq.)'' both places it appears and
inserting ``(50 U.S.C. 3801 et seq.)''.
(B) Title 37, united states code.--Section 209(a)(1) of
title 37, United States Code, is amended by striking ``(50
U.S.C. App. 456(d)(1))'' and inserting ``(50 U.S.C.
3806(d)(1))''.
(2) Servicemembers civil relief act citation changes.--Title
10, United States Code, is amended as follows:
(A) Section 987 is amended--
(i) in subsection (e)(2), by inserting ``(50 U.S.C.
3901 et seq.)'' before the semicolon; and
(ii) in subsection (g), by striking ``(50 U.S.C. App.
527)'' and inserting ``(50 U.S.C. 3937)''.
(B) Section 1408(b)(1)(D) is amended by striking ``(50
U.S.C. App. 501 et seq.)'' and inserting ``(50 U.S.C. 3901 et
seq.)''.
(3) Export administration act of 1979 citation changes.--Title
10, United States Code, is amended as follows:
(A) Section 130(a) is amended by striking ``(50 U.S.C. App.
2401-2420)'' and inserting ``(50 U.S.C. 4601 et seq.)''.
(B) Section 2249a(a)(1) is amended by striking ``(50 U.S.C.
App. 2405(j)(1)(A))'' and inserting ``(50 U.S.C.
4605(j)(1)(A))''.
(C) Section 2327 is amended--
(i) in subsection (a), by striking ``(50 U.S.C. App.
2405(j)(1)(A))'' and inserting ``(50 U.S.C.
4605(j)(1)(A))''; and
(ii) in subsection (b)(2), by striking ``(50 U.S.C.
App. 2405(j)(1)(A))'' and inserting ``(50 U.S.C.
4605(j)(1)(A))''.
(D) Section 2410i(a) is amended by striking ``(50 U.S.C.
App. 2402(5)(A))'' and inserting ``(50 U.S.C. 4602(5)(A))''.
(E) Section 7430(e) is amended by striking ``(50 U.S.C.
App. 2401 et seq.)'' and inserting ``(50 U.S.C. 4601 et
seq.)''.
(4) Defense production act of 1950 citation changes.--Title 10,
United States Code, is amended as follows:
(A) Section 139c is amended--
(i) in subsection (b)--

(I) in paragraph (11), by striking ``(50 U.S.C.
App. 2171)'' and inserting ``(50 U.S.C. 4567)''; and
(II) in paragraph (12)--

(aa) by striking ``(50 U.S.C. App. 2062(b))''
and inserting ``(50 U.S.C. 4502(b))''; and
(bb) by striking ``(50 U.S.C. App. 2061 et
seq.)'' and inserting ``(50 U.S.C. 4501 et seq.)'';
and
(ii) in subsection (c), by striking ``(50 U.S.C. App.
2170(k))'' and inserting ``(50 U.S.C. 4565(k))''.
(B) Section 2537(c) is amended by striking ``(50 U.S.C.
App. 2170(a))'' and inserting ``(50 U.S.C. 4565(a))''.
(C) Section 9511(6) is amended by striking ``(50 U.S.C.
App. 2071)'' and inserting ``(50 U.S.C. 4511)''.
(D) Section 9512(e) is amended by striking ``(50 U.S.C.
App. 2071)'' and inserting ``(50 U.S.C. 4511)''.
(5) Merchant ship sales act of 1946 citation changes.--Section
2218 of title 10, United States Code, is amended--
(A) in subsection (c)(1)(E), by striking ``(50 U.S.C. App.
1744)'' and inserting ``(50 U.S.C. 4405)''; and
(B) in subsection (k)(3)(B), by striking ``(50 U.S.C. App.
1744)'' and inserting ``(50 U.S.C. 4405)''.
(c) National Defense Authorization Act for Fiscal Year 2016.--
Effective as of November 25, 2015, and as if included therein as
enacted, the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) is amended as follows:
(1) Section 563(a) is amended by striking ``Section 5(c)(5)''
and inserting ``Section 5(c)(2)''.
(2) Section 804(d)(3) is amended by inserting ``within 5
business days after such transfer'' before the period at the end of
the first sentence.
(3) Section 809(e)(2)(A) is amended by striking ``repealed''
and inserting ``rescinded''.
(4) Section 883(a)(2) is amended by striking ``such chapter''
and inserting ``chapter 131 of such title''.
(5) Section 883 is amended by adding at the end the following
new subsection:
``(f) Conforming Amendments.--
``(1) Effective on the effective date specified in subsection
(a)(1) of section 901 of the Carl Levin and Howard P. `Buck' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3462; 10 U.S.C. 132a note), section 2222 of
title 10, United States Code, is amended--
``(A) by striking `Deputy Chief Management Officer of the
Department of Defense' each place it appears in subsections
(c)(2), (e)(1), (g)(2)(A), (g)(2)(B)(ii), and (i)(5)(B) and
inserting `Under Secretary of Defense for Business Management
and Information'; and
``(B) by striking `Deputy Chief Management Officer' in
subsection (f)(1) and inserting `Under Secretary of Defense for
Business Management and Information'.
``(2) The second paragraph (3) of section 901(k) of such Act
(Public Law 113-291; 128 Stat. 3468; 10 U.S.C. 2222 note) is
repealed.''.
(6) Section 1079(a) is amended to read as follows:
``(a) Annual Report on Prizes for Advanced Technology
Achievements.--Section 2374a of title 10, United States Code, is
amended--
``(1) by striking subsection (f); and
``(2) by redesignating subsection (g) as subsection (f).''.
(7) Section 1086(f)(11)(A) is amended by striking ``Not later
than\ one year'' and inserting ``Not later than one year''.
(d) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1082. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR EQUIPMENT,
SERVICES, AND SUPPLIES PROVIDED FOR HUMANITARIAN DEMINING ASSISTANCE.
Section 407(c)(3) of title 10, United States Code, is amended by
striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 1083. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT OF
TRANSACTIONS UNDER A CROSS-SERVICING AGREEMENT.
(a) Liquidation of Unpaid Credits.--Section 2345 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c)(1) Any credits of the United States accrued as a result of
the provision of logistic support, supplies, and services under the
authority of this subchapter that remain unliquidated more than 18
months after the date of delivery of the logistic support, supplies, or
services may, at the option of the Secretary of Defense, with the
concurrence of the Secretary of State, be liquidated by offsetting the
credits against any amount owed by the Department of Defense, pursuant
to a transaction or transactions concluded under the authority of this
subchapter, to the government or international organization to which
the logistic support, supplies, or services were provided by the United
States.
``(2) The amount of any credits offset pursuant to paragraph (1)
shall be credited as specified in section 2346 of this title as if it
were a receipt of the United States.''.
(b) Effective Date.--Subsection (c) of section 2345 of title 10,
United States Code, as added by subsection (a), shall apply with
respect to credits accrued by the United States that--
(1) were accrued prior to, and remain unpaid as of, the date of
the enactment of this Act; or
(2) are accrued after the date of the enactment of this Act.
SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGEMENT OF
MILITARY TECHNICIANS.
(a) Conversion of Certain Military Technician (dual Status)
Positions.--Subsection (a) of section 1053 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
981; 10 U.S.C. 10216 note) is amended--
(1) by striking paragraph (1) and inserting the following new
paragraph (1):
``(1) In general.--By not later than October 1, 2017, the
Secretary of Defense shall convert not fewer than 20 percent of all
military technician positions to positions filled by individuals
who are employed under section 3101 of title 5, United States Code,
or section 1601 of title 10, United States Code, and are not
military technicians. The positions to be converted are described
in paragraph (2).'';
(2) in paragraph (2), by striking ``in the report'' and all
that follows and inserting ``by the Army Reserve, the Air Force
Reserve, the National Guard Bureau, State adjutants general, and
the Secretary of Defense in the course of reviewing all military
technician positions for purposes of implementing this section.'';
and
(3) in paragraph (3), by striking ``may fill'' and inserting
``shall fill''.
(b) Conversion of Army Reserve, Air Force Reserve, and National
Guard Non-dual Status Positions.--Subsection (e) of section 10217 of
title 10, United States Code, is amended is amended to read as follows:
``(e) Conversion of Positions.--(1) No individual may be newly
hired or employed, or rehired or reemployed, as a non-dual status
technician for purposes of this section after September 30, 2017.
``(2) By not later than October 1, 2017, the Secretary of Defense
shall convert all non-dual status technicians to positions filled by
individuals who are employed under section 3101 of title 5 or section
1601 of this title and are not military technicians.
``(3) In the case of a position converted under paragraph (2) for
which there is an incumbent employee on October 1, 2017, the Secretary
shall fill that position, as converted, with the incumbent employee
without regard to any requirement concerning competition or competitive
hiring procedures.
``(4) Any individual newly hired or employed, or rehired or
employed, to a position required to be filled by reason of paragraph
(1) shall an individual employed in such position under section 3101 of
title 5 or section 1601 of this title.''.
(c) Report on Conversion of Military Technician Positions to
Personnel Performing Active Guard and Reserve Duty.--
(1) In general.--Not later than March 1, 2017, the Secretary of
Defense, shall in consultation with the Chief of the National Guard
Bureau, submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the feasibility and
advisability of converting any remaining military technicians (dual
status) to personnel performing active Guard and Reserve duty under
section 328 of title 32, United States Code, or other applicable
provisions of law. The report shall include the following:
(A) An analysis of the fully-burdened costs of the
conversion taking into account the new modernized military
retirement system.
(B) An assessment of the ratio of members of the Armed
Forces performing active Guard and Reserve duty and civilian
employees of the Department of Defense under title 5, United
States Code, required to best contribute to the readiness of
the National Guard and the Reserves.
(2) Active guard and reserve duty defined.--In this subsection,
the term ``active Guard and Reserve duty'' has the meaning given
that term in section 101(d)(6) of title 10, United States Code.
SEC. 1085. STREAMLINING OF THE NATIONAL SECURITY COUNCIL.
(a) In General.--Section 101 of the National Security Act of 1947
(50 U.S.C. 3021) is amended to read as follows:
``SEC. 101. NATIONAL SECURITY COUNCIL.
``(a) National Security Council.--There is a council known as the
National Security Council (in this section referred to as the
`Council').
``(b) Functions.--Consistent with the direction of the President,
the functions of the Council shall be to--
``(1) advise the President with respect to the integration of
domestic, foreign, and military policies relating to the national
security so as to enable the Armed Forces and the other departments
and agencies of the United States Government to cooperate more
effectively in matters involving the national security;
``(2) assess and appraise the objectives, commitments, and
risks of the United States in relation to the actual and potential
military power of the United States, and make recommendations
thereon to the President; and
``(3) make recommendations to the President concerning policies
on matters of common interest to the departments and agencies of
the United States Government concerned with the national security.
``(c) Membership.--
``(1) In general.--The Council consists of the President, the
Vice President, the Secretary of State, the Secretary of Defense,
the Secretary of Energy, and such other officers of the United
States Government as the President may designate.
``(2) Attendance and participation in meetings.--The President
may designate such other officers of the United States Government
as the President considers appropriate, including the Director of
National Intelligence, the Director of National Drug Control
Policy, and the Chairman of the Joint Chiefs of Staff, to attend
and participate in meetings of the Council.
``(d) Presiding Officers.--At meetings of the Council, the
President shall preside or, in the absence of the President, a member
of the Council designated by the President shall preside.
``(e) Staff.--
``(1) In general.--The Council shall have a staff headed by a
civilian executive secretary appointed by the President.
``(2) Staff.--Consistent with the direction of the President
and subject to paragraph (3), the executive secretary may, subject
to the civil service laws and chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, appoint and fix the
compensation of such personnel as may be necessary to perform such
duties as may be prescribed by the President in connection with
performance of the functions of the Council.
``(3) Number of professional staff.--The professional staff for
which this subsection provides shall not exceed 200 persons,
including persons employed by, assigned to, detailed to, under
contract to serve on, or otherwise serving or affiliated with the
staff. The limitation in this paragraph does not apply to personnel
serving substantially in support or administrative positions.
``(f) Special Advisor to the President on International Religious
Freedom.--It is the sense of Congress that there should be within the
staff of the Council a Special Adviser to the President on
International Religious Freedom, whose position should be comparable to
that of a director within the Executive Office of the President. The
Special Adviser should serve as a resource for executive branch
officials, compiling and maintaining information on the facts and
circumstances of violations of religious freedom (as defined in section
3 of the International Religious Freedom Act of 1998 (22 U.S.C. 6402)),
and making policy recommendations. The Special Adviser should serve as
liaison with the Ambassador at Large for International Religious
Freedom, the United States Commission on International Religious
Freedom, Congress and, as advisable, religious nongovernmental
organizations.''.
(b) Effective Date of Limitation on Number of Professional Staff.--
The limitation on the number of professional staff of the National
Security Council specified in subsection (e)(3) of section 101 of the
National Security Act of 1947, as amended by subsection (a) of this
section, shall take effect on the date that is 18 months after the date
of the enactment of this Act.
SEC. 1086. NATIONAL BIODEFENSE STRATEGY.
(a) Strategy and Implementation Plan Required.--The Secretary of
Defense, the Secretary of Health and Human Services, the Secretary of
Homeland Security, and the Secretary of Agriculture shall jointly
develop a national biodefense strategy and associated implementation
plan, which shall include a review and assessment of biodefense
policies, practices, programs and initiatives. Such Secretaries shall
review and, as appropriate, revise the strategy biennially.
(b) Elements.--The strategy and associated implementation plan
required under subsection (a) shall include each of the following:
(1) An inventory and assessment of all existing strategies,
plans, policies, laws, and interagency agreements related to
biodefense, including prevention, deterrence, preparedness,
detection, response, attribution, recovery, and mitigation.
(2) A description of the biological threats, including
biological warfare, bioterrorism, naturally occurring infectious
diseases, and accidental exposures.
(3) A description of the current programs, efforts, or
activities of the United States Government with respect to
preventing the acquisition, proliferation, and use of a biological
weapon, preventing an accidental or naturally occurring biological
outbreak, and mitigating the effects of a biological epidemic.
(4) A description of the roles and responsibilities of the
Executive Agencies, including internal and external coordination
procedures, in identifying and sharing information related to,
warning of, and protection against, acts of terrorism using
biological agents and weapons and accidental or naturally occurring
biological outbreaks.
(5) An articulation of related or required interagency
capabilities and whole-of-Government activities required to support
the national biodefense strategy.
(6) Recommendations for strengthening and improving the current
biodefense capabilities, authorities, and command structures of the
United States Government.
(7) Recommendations for improving and formalizing interagency
coordination and support mechanisms with respect to providing a
robust national biodefense.
(8) Any other matters the Secretary of Defense, the Secretary
of Health and Human Services, the Secretary of Homeland Security,
and the Secretary of Agriculture determine necessary.
(c) Submittal to Congress.--Not later than 275 days after the date
of the enactment of this Act, the Secretary of Defense, the Secretary
of Health and Human Services, the Secretary of Homeland Security, and
the Secretary of Agriculture shall submit to the appropriate
congressional committees the strategy and associated implementation
plan required by subsection (a). The strategy and implementation plan
shall be submitted in unclassified form, but may include a classified
annex.
(d) Briefings.--Not later than March 1, 2017, and annually
thereafter until March 1, 2019, the Secretary of Defense, the Secretary
of Health and Human Services, the Secretary of Homeland Security, and
the Secretary of Agriculture shall provide to the Committee on Armed
Services of the House of Representatives, the Committee on Energy and
Commerce of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Agriculture of the House of Representatives a joint briefing on the
strategy developed under subsection (a) and the status of the
implementation of such strategy.
(e) GAO Review.--Not later than 180 days after the date of the
submittal of the strategy and implementation plan under subsection (c),
the Comptroller General of the United States shall conduct a review of
the strategy and implementation plan to analyze gaps and resources
mapped against the requirements of the National Biodefense Strategy and
existing United States biodefense policy documents.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
(3) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK.
(a) Program Authorized.--The Secretary of the Army shall carry out
a program to support the socio-cultural understanding needs of the
Department of the Army, to be known as the Global Cultural Knowledge
Network.
(b) Goals.--The Global Cultural Knowledge Network shall support the
following goals:
(1) Provide socio-cultural analysis support to any unit
deployed, or preparing to deploy, to an exercise or operation in
the assigned region of responsibility of the unit being supported.
(2) Make recommendations or support policy or doctrine
development to increase the social science expertise of military
and civilian personnel of the Department of the Army.
(3) Provide reimbursable support to other military departments
or Federal agencies if requested through an operational needs
request process.
(c) Elements of the Program.--The Global Cultural Knowledge Network
shall include the following elements:
(1) A center in the continental United States (referred to in
this section as a ``reach-back center'') to support requests for
information, research, and analysis.
(2) Outreach to academic institutions and other Federal
agencies involved in social science research to increase the
network of resources for the reach-back center.
(3) Training with operational units during annual training
exercises or during pre-deployment training.
(4) The training, contracting, and human resources capacity to
rapidly respond to contingencies in which social science expertise
is requested by operational commanders through an operational needs
request process.
(d) Directive Required.--The Secretary of the Army shall issue a
directive within one year after the date of the enactment of this Act
for the governance of the Global Cultural Knowledge Network, including
oversight and process controls for auditing the activities of personnel
of the Network, the employment of the Global Cultural Knowledge Network
by operational forces, and processes for requesting support by
operational Army units and other Department of Defense and Federal
entities.
(e) Prohibition on Deployments Under Global Cultural Knowledge
Network.--
(1) Prohibition.--The Secretary of the Army may not deploy
social scientists of the Global Cultural Knowledge Network in a
conflict zone.
(2) Waiver.--The Secretary of the Army may waive the
prohibition in paragraph (1) if the Secretary submits, at least 10
days before the deployment, to the Committees on Armed Services of
the House of Representatives and the Senate--
(A) notice of the waiver; and
(B) a certification that there is a compelling national
security interest for the deployment or there will be a benefit
to the safety and welfare of members of the Armed Forces from
the deployment.
(3) Elements of waiver notice.--A waiver notice under this
subsection also shall include the following:
(A) The operational unit, or units, requesting support,
including the location or locations where the social scientists
are to be deployed.
(B) The number of Global Cultural Knowledge Network
personnel to be deployed and the anticipated duration of such
deployments.
(C) The anticipated resource needs for such deployment.
SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT'S SUBMARINE CENTURY.
(a) Findings.--Congress makes the following findings:
(1) On March 2, 1867, Congress enacted a naval appropriations
Act that authorized the Secretary of the Navy to ``receive and
accept a deed of gift, when offered by the State of Connecticut, of
a tract of land with not less than one mile of shore front on the
Thames River near New London, Connecticut, to be held by the United
States for naval purposes''.
(2) The people of Connecticut and the towns and cities in the
southeastern region of Connecticut subsequently gifted land to
establish a military installation to fulfil the Nation's need for a
naval facility on the Atlantic coast.
(3) On April 11, 1868, the Navy accepted the deed of gift of
land from Connecticut to establish a naval yard and storage depot
along the eastern shore of the Thames River in Groton, Connecticut.
(4) Between 1868 and 1912, the New London Navy Yard supported a
diverse range of missions, including berthing inactive Civil War
era ironclad warships and serving as a coaling station for
refueling naval ships traveling in New England waters.
(5) Congress rejected the Navy's proposal to close New London
Navy Yard in 1912, following an impassioned effort by Congressman
Edwin W. Higgins, who stated that ``this action proposed is not
only unjust but unreasonable and unsound as a military
proposition''.
(6) The outbreak of World War I and the enemy use of submarines
to sink allied military and civilian ships in the Atlantic sparked
a new focus on developing submarine capabilities in the United
States.
(7) October 18, 1915, marked the arrival at the New London Navy
Yard of the submarines G-1, G-2, and G-4 under the care of the
tender USS Ozark and the arrival of submarines E-1, D-1, and D-3
under the care of the tender USS Tonopah. November 1, 1915, marked
the arrival of the first ship built as a submarine tender, the USS
Fulton (AS-1).
(8) On June 21, 1916, Commander Yeates Stirling assumed the
command of the newly designated Naval Submarine Base New London,
the New London Submarine Flotilla, and the Submarine School.
(9) In the 100 years since the arrival of the first submarines
to the base, Naval Submarine Base New London has grown to occupy
more than 680 acres along the east side of the Thames River, with
more than 160 major facilities, 15 nuclear submarines, and more
than 70 tenant commands and activities, including the Submarine
Learning Center, Naval Submarine School, the Naval Submarine
Medical Research Laboratory, the Naval Undersea Medical Institute,
and the newly established Undersea Warfighting Development Center.
(10) In addition to being the site of the first submarine base
in the United States, Connecticut was home to the foremost
submarine manufacturers of the time, the Lake Torpedo Boat Company
in Bridgeport and the Electric Boat Company in Groton, which later
became General Dynamics Electric Boat.
(11) General Dynamics Electric Boat, its talented workforce,
and its Connecticut-based and nationwide network of suppliers have
delivered more than 200 submarines from its current location in
Groton, Connecticut, including the first nuclear-powered submarine,
the USS Nautilus (SSN 571), and nearly half of the nuclear
submarines ever built by the United States.
(12) The Submarine Force Museum, located adjacent to Naval
Submarine Base New London in Groton, Connecticut, is the only
submarine museum operated by the United States Navy and today
serves as the primary repository for artifacts, documents, and
photographs relating to the bold and courageous history of the
Submarine Force and highlights as its core exhibit the Historic
Ship Nautilus (SSN 571) following her retirement from service.
(13) Reflecting the close ties between Connecticut and the Navy
that began with the gift of land that established the base, the
State of Connecticut has set aside $40,000,000 in funding for
critical infrastructure investments to support the mission of the
base, including construction of a new dive locker building,
expansion of the Submarine Learning Center, and modernization of
energy infrastructure.
(14) On September 29, 2015, Connecticut Governor Dannel Malloy
designated October 2015 through October 2016 as Connecticut's
Submarine Century, a year-long observance that celebrates 100 years
of submarine activity in Connecticut, including the Town of
Groton's distinction as the Submarine Capital of the World, to
coincide with the centennial anniversary of the establishment of
Naval Submarine Base New London and the Naval Submarine School.
(15) Whereas Naval Submarine Base New London still proudly
proclaims its motto of ``The First and Finest''.
(16) Congressman Higgins' statement before Congress in 1912
that ``Connecticut stands ready, as she always has, to bear her
part of the burdens of the national defense'' remains true today.
(b) Sense of Congress.--Congress--
(1) commends the longstanding dedication and contribution to
the Navy and submarine force by the people of Connecticut, both
through the initial deed of gift that established what would become
Naval Submarine Base New London and through their ongoing
commitment to support the mission of the base and the Navy
personnel assigned to it;
(2) honors the submariners who have trained and served at Naval
Submarine Base New London throughout its history in support of the
Nation's security and undersea superiority;
(3) recognizes the contribution of the industry and workforce
of Connecticut in designing, building, and sustaining the Navy's
submarine fleet; and
(4) encourages the recognition of Connecticut's Submarine
Century by Congress, the Navy, and the American people by honoring
the contribution of the people of Connecticut to the defense of the
United States and the important role of the submarine force in
safeguarding the security of the United States for more than a
century.
SEC. 1089. SENSE OF CONGRESS REGARDING THE REPORTING OF THE MV-22
MISHAP IN MARANA, ARIZONA, ON APRIL 8, 2000.
It is the sense of Congress that--
(1) in the report accompanying H.R. 1735 of the 114th Congress
(House Report 114-102), the Committee on Armed Services of the
House of Representatives encouraged the Secretary of Defense to
``publicly clarify the causes of the MV-22 mishap at Marana
Northwest Regional Airport, Arizona, in a way consistent with the
results of all investigations as soon as possible'';
(2) the Deputy Secretary of Defense Robert O. Work did an
excellent job reviewing the investigations of such mishap and
concluded that there was a misrepresentation of facts by the media
which incorrectly identified pilot error as the cause of the mishap
which the Deputy Secretary publicly made known in March 2016; and
(3) Congress is grateful for the successful conclusion to this
tragic situation.
SEC. 1090. COST OF WARS.
The Secretary of Defense, in consultation with the Commissioner of
the Internal Revenue Service and the Director of the Bureau of Economic
Analysis, shall post on the public Internet website of the Department
of Defense the costs to each United States taxpayer of each of the wars
in Afghanistan, Iraq, and Syria.
SEC. 1091. RECONNAISSANCE STRIKE GROUP MATTERS.
(a) Modeling of Alternative Army Design and Operational Concept.--
(1) Analyses required.--The Chairman of the Joint Chiefs of
Staff and the Chief of Staff of the Army, in consultation with the
commanding general of the United States European Command, shall
each conduct a separate analysis of alternative Army operational
concepts and organizational designs, known as the Reconnaissance
Strike Group, as recommended by the National Commission on the
Future of the United States Army.
(2) Assessment of analyses.--The Chairman of the Joint Chiefs
of Staff and Chief of Staff of the Army shall then each separately
assess the operational merits, feasible force mix under programmed
end-strength, estimated costs for assessed potential force
structure changes, and strategic force sufficiency and risk of each
analysis conducted under paragraph (1).
(b) Reports Required.--Not later than one year after the date of
the enactment of this Act, the Chairman of the Joint Chiefs of Staff
and the Chief of Staff of the Army shall each submit to the Committees
on Armed Services of the Senate and House of Representatives a separate
report on the alternative designs and operational concepts analyzed
under subsection (a)(1). Each such report shall include an assessment
of the merits and sufficiency of such designs and concepts, the
potential for future experimentation (such as a follow-on pilot
program), and the recommendation of the Chairman and Chief of Staff, as
the case may be, regarding the Reconnaissance Strike Group.
(c) Independent Assessments Required.--Before submittal of the
reports required under subsection (b), the Chairman of the Joint Chiefs
of Staff and the Chief of Staff of the Army shall each select a
Federally Funded Research and Development Center to review and evaluate
each report. The review and evaluation of each report shall be
submitted to the Committees on Armed Services of the Senate and House
of Representatives together with the reports under subsection (b).
SEC. 1092. BORDER SECURITY METRICS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(2) Consequence delivery system.--The term ``Consequence
Delivery System'' means the series of consequences applied by U.S.
Border Patrol in collaboration with other Federal agencies to
persons unlawfully entering the United States, in order to prevent
unlawful border crossing recidivism.
(3) Got away.--The term ``got away'' means an unlawful border
crosser who--
(A) is directly or indirectly observed making an unlawful
entry into the United States;
(B) is not apprehended; and
(C) is not a turn back.
(4) Known maritime migrant flow.--The term ``known maritime
migrant flow'' means the sum of the number of undocumented
migrants--
(A) interdicted in the waters over which the United States
has jurisdiction;
(B) identified at sea either directly or indirectly, but
not interdicted;
(C) if not described in subparagraph (A) or (B), who were
otherwise reported, with a significant degree of certainty, as
having entered, or attempted to enter, the United States
through the maritime border.
(5) Major violator.--The term ``major violator'' means a person
or entity that has engaged in serious criminal activities at any
land, air, or sea port of entry, including the following:
(A) Possession of illicit drugs.
(B) Smuggling of prohibited products.
(C) Human smuggling.
(D) Possession of illegal weapons.
(E) Use of fraudulent documents.
(F) Any other offense that is serious enough to result in
an arrest.
(6) Secretary.--The term ``the Secretary'' means the Secretary
of Homeland Security.
(7) Situational awareness.--The term ``situational awareness''
means knowledge and understanding of current unlawful cross-border
activity, including the following:
(A) Threats and trends concerning illicit trafficking and
unlawful crossings.
(B) The ability to forecast future shifts in such threats
and trends.
(C) The ability to evaluate such threats and trends at a
level sufficient to create actionable plans.
(D) The operational capability to conduct persistent and
integrated surveillance of the international borders of the
United States.
(8) Transit zone.--The term ``transit zone'' means the sea
corridors of the western Atlantic Ocean, the Gulf of Mexico, the
Caribbean Sea, and the eastern Pacific Ocean through which
undocumented migrants and illicit drugs transit, either directly or
indirectly, to the United States.
(9) Turn back.--The term ``turn back'' means an unlawful border
crosser who, after making an unlawful entry into the United States,
responds to United States enforcement efforts by returning promptly
to the country from which such crosser entered.
(10) Unlawful border crossing effectiveness rate.--The term
``unlawful border crossing effectiveness rate'' means the
percentage that results from dividing the number of apprehensions
and turn backs by the sum of the number of apprehensions, estimated
undetected unlawful entries, turn backs, and got aways.
(11) Unlawful entry.--The term ``unlawful entry'' means an
unlawful border crosser who enters the United States and is not
apprehended by a border security component of the Department of
Homeland Security.
(b) Metrics for Securing the Border Between Ports of Entry.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall develop metrics,
informed by situational awareness, to measure the effectiveness of
security between ports of entry. The Secretary shall annually
implement the metrics developed under this subsection, which shall
include the following:
(A) Estimates, using alternative methodologies where
appropriate, including recidivism data, survey data, known-flow
data, and technologically-measured data, of the following:
(i) The rate of apprehension of attempted unlawful
border crossers.
(ii) The number of detected unlawful entries.
(iii) The number of estimated undetected unlawful
entries.
(iv) Turn backs.
(v) Got aways.
(B) A measurement of situational awareness achieved in each
U.S. Border Patrol sector.
(C) An unlawful border crossing effectiveness rate in each
U.S. Border Patrol sector.
(D) A probability of detection rate, which compares the
estimated total unlawful border crossing attempts not detected
by U.S. Border Patrol to the unlawful border crossing
effectiveness rate under subparagraph (C), as informed by
subparagraph (A).
(E) The number of apprehensions in each U.S. Border Patrol
sector.
(F) The number of apprehensions of unaccompanied alien
children, and the nationality of such children, in each U.S.
Border Patrol sector.
(G) The number of apprehensions of family units, and the
nationality of such family units, in each U.S. Border Patrol
sector.
(H) An illicit drugs seizure rate for drugs seized by U.S.
Border Patrol between ports of entry, which compares the ratio
of the amount and type of illicit drugs seized between ports of
entry in any fiscal year to the average of the amount and type
of illicit drugs seized between ports of entry in the
immediately preceding five fiscal years.
(I) Estimates of the impact of the Consequence Delivery
System on the rate of recidivism of unlawful border crossers
over multiple fiscal years.
(J) An examination of each consequence under the
Consequence Delivery System referred to in subparagraph (I),
including the following:
(i) Voluntary return.
(ii) Warrant of arrest or notice to appear.
(iii) Expedited removal.
(iv) Reinstatement of removal.
(v) Alien transfer exit program.
(vi) Criminal consequence program.
(vii) Standard prosecution.
(viii) Operation Against Smugglers Initiative on Safety
and Security.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described in
paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate components of
the Department of Homeland Security; and
(B) where appropriate, with the heads of other agencies,
including the Office of Refugee Resettlement of the Department
of Health and Human Services and the Executive Office for
Immigration Review of the Department of Justice.
(3) Manner of collection.--The data collected to inform the
metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
across all U.S. Border Patrol sectors, informed by situational
awareness.
(c) Metrics for Securing the Border at Ports of Entry.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall develop metrics,
informed by situational awareness, to measure the effectiveness of
security at ports of entry. The Secretary shall annually implement
the metrics developed under this subsection, which shall include
the following:
(A) Estimates, using alternative methodologies where
appropriate, including recidivism data, survey data, and
randomized secondary screening data, of the following:
(i) Total inadmissible travelers who attempt to, or
successfully, enter the United States at a port of entry.
(ii) The rate of refusals and interdictions for
travelers who attempt to, or successfully, enter the United
States at a port of entry.
(iii) The number of unlawful entries at a port of
entry.
(B) The amount and type of illicit drugs seized by the
Office of Field Operations of U.S. Customs and Border
Protection at ports of entry during the previous fiscal year.
(C) An illicit drugs seizure rate for drugs seized by the
Office of Field Operations, which compares the ratio of the
amount and type of illicit drugs seized by the Office of Field
Operations in any fiscal year to the average of the amount and
type of illicit drugs seized by the Office of Field Operations
in the immediately preceding five fiscal years.
(D) The number of infractions related to travelers and
cargo committed by major violators who are interdicted by the
Office of Field Operations at ports of entry, and the estimated
number of such infractions committed by major violators who are
not so interdicted.
(E) In consultation with the heads of the Office of
National Drug Control Policy and the United States Southern
Command, a cocaine seizure effectiveness rate, which is the
percentage resulting from dividing the amount of cocaine seized
by the Office of Field Operations by the total estimated
cocaine flow rate at ports of entry along the United States
land border with Mexico and Canada.
(F) A measurement of how border security operations affect
crossing times, including the following:
(i) A wait time ratio that compares the average wait
times to total commercial and private vehicular traffic
volumes at each land port of entry.
(ii) An infrastructure capacity utilization rate that
measures traffic volume against the physical and staffing
capacity at each land port of entry.
(iii) A secondary examination rate that measures the
frequency of secondary examinations at each land port of
entry.
(iv) An enforcement rate that measures the
effectiveness of such secondary examinations at detecting
major violators.
(G) A seaport scanning rate that includes the following:
(i) The number of all cargo containers that are
considered potentially ``high-risk'', as determined by the
Executive Assistant Commissioner of the Office of Field
Operations.
(ii) A comparison of the number of potentially high-
risk cargo containers scanned by the Office of Field
Operations at each sea port of entry during a fiscal year
to the total number of high-risk cargo containers entering
the United States at each such sea port of entry during the
previous fiscal year.
(iii) The number of potentially high-risk cargo
containers scanned upon arrival at a United States sea port
of entry.
(iv) The number of potentially high-risk cargo
containers scanned before arrival at a United States sea
port of entry.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described in
paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate components of
the Department of Homeland Security; and
(B) where appropriate, work with heads of other appropriate
agencies, including the Office of Refugee Resettlement of the
Department of Health and Human Services and the Executive
Office for Immigration Review of the Department of Justice.
(3) Manner of collection.--The data collected to inform the
metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
across all United States ports of entry, informed by situational
awareness.
(d) Metrics for Securing the Maritime Border.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall develop metrics,
informed by situational awareness, to measure the effectiveness of
security in the maritime environment. The Secretary shall annually
implement the metrics developed under this subsection, which shall
include the following:
(A) Situational awareness achieved in the maritime
environment.
(B) A known maritime migrant flow rate.
(C) An illicit drugs removal rate for drugs removed inside
and outside of a transit zone, which compares the amount and
type of illicit drugs removed, including drugs abandoned at
sea, by the maritime security components of the Department of
Homeland Security in any fiscal year to the average of the
amount and type of illicit drugs removed by such maritime
components for the immediately preceding five fiscal years.
(D) In consultation with the heads of the Office of
National Drug Control Policy and the United States Southern
Command, a cocaine removal effectiveness rate for cocaine
removed inside a transit zone and outside a transit zone, which
compares the amount of cocaine removed by the maritime security
components of the Department of Homeland Security by the total
documented cocaine flow rate, as contained in Federal drug
databases.
(E) A response rate, which compares the ability of the
maritime security components of the Department of Homeland
Security to respond to and resolve known maritime threats,
whether inside or outside a transit zone, by placing assets on-
scene, to the total number of events with respect to which the
Department has known threat information.
(F) An intergovernmental response rate, which compares the
ability of the maritime security components of the Department
of Homeland Security or other United States Government entities
to respond to and resolve actionable maritime threats, whether
inside or outside a transit zone, with the number of such
threats detected.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described in
paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate components of
the Department of Homeland Security; and
(B) where appropriate, work with the heads of other
agencies, including the Drug Enforcement Agency, the Department
of Defense, and the Department of Justice.
(3) Manner of collection.--The data used by the Secretary shall
be collected and reported in a consistent and standardized manner
by the maritime security components of the Department of Homeland
Security, informed by situational awareness.
(e) Air and Marine Security Metrics in the Land Domain.--
(1) In general.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall develop metrics,
informed by situational awareness, to measure the effectiveness of
the aviation assets and operations of Air and Marine Operations of
U.S. Customs and Border Protection. The Secretary shall annually
implement the metrics developed under this subsection, which shall
include the following:
(A) A flight hour effectiveness rate, which compares Air
and Marine Operations flight hours requirements to the number
of flight hours flown by Air and Marine Operations.
(B) A funded flight hour effectiveness rate, which compares
the number of funded flight hours appropriated to Air and
Marine Operations to the number of actual flight hours flown by
Air and Marine Operations.
(C) A readiness rate, which compares the number of aviation
missions flown by Air and Marine Operations to the number of
aviation missions cancelled by Air and Marine Operations due to
maintenance, operations, or other causes.
(D) The number of missions cancelled by Air and Marine
Operations due to weather compared to the total planned
missions.
(E) The number of individuals detected by Air and Marine
Operations through the use of unmanned aerial systems and
manned aircraft.
(F) The number of apprehensions assisted by Air and Marine
Operations through the use of unmanned aerial systems and
manned aircraft.
(G) The number and quantity of illicit drug seizures
assisted by Air and Marine Operations through the use of
unmanned aerial systems and manned aircraft.
(H) The number of times that actionable intelligence
related to border security was obtained through the use of
unmanned aerial systems and manned aircraft.
(2) Metrics consultation.--To ensure that authoritative data
sources are utilized in the development of the metrics described in
paragraph (1), the Secretary shall--
(A) consult with the heads of the appropriate components of
the Department of Homeland Security; and
(B) as appropriate, work with the heads of other
departments and agencies, including the Department of Justice.
(3) Manner of collection.--The data collected to inform the
metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner by
Air and Marine Operations, informed by situational awareness.
(f) Data Transparency.--The Secretary shall--
(1) in accordance with applicable privacy laws, make data
related to apprehensions, inadmissible aliens, drug seizures, and
other enforcement actions available to the public, law enforcement
communities, and academic research communities; and
(2) provide the Office of Immigration Statistics of the
Department of Homeland Security with unfettered access to the data
referred to in paragraph (1).
(g) Evaluation by the Government Accountability Office and the
Secretary.--
(1) Metrics report.--
(A) Mandatory disclosures.--The Secretary shall submit to
the appropriate congressional committees and the Comptroller
General of the United States an annual report containing the
metrics required under this section and the data and
methodology used to develop such metrics.
(B) Permissible disclosures.--The Secretary, for the
purpose of validation and verification, may submit the annual
report described in subparagraph (A) to--
(i) the Center for Borders, Trade, and Immigration
Research of the Centers of Excellence network of the
Department of Homeland Security;
(ii) the head of a national laboratory within the
Department of Homeland Security laboratory network with
prior expertise in border security; and
(iii) a Federally Funded Research and Development
Center.
(2) GAO report.--Not later than 270 days after receiving the
first report under paragraph (1)(A) and biennially thereafter for
the following ten years with respect to every other such report,
the Comptroller General of the United States shall submit to the
appropriate congressional committees a report that--
(A) analyzes the suitability and statistical validity of
the data and methodology contained in each such report; and
(B) includes recommendations on--
(i) the feasibility of other suitable metrics that may
be used to measure the effectiveness of border security;
and
(ii) improvements that need to be made to the metrics
being used to measure the effectiveness of border security.
(3) State of the border report.--Not later than 60 days after
the end of each fiscal year through fiscal year 2026, the Secretary
shall submit to the appropriate congressional committees a ``State
of the Border'' report that--
(A) provides trends for each metric under this section for
the last ten fiscal years, to the greatest extent possible;
(B) provides selected analysis into related aspects of
illegal flow rates, including undocumented migrant flows and
stock estimation techniques;
(C) provides selected analysis into related aspects of
legal flow rates; and
(D) includes any other information that the Secretary
determines appropriate.
(4) Metrics update.--
(A) In general.--After submitting the tenth report to the
Comptroller General under paragraph (1), the Secretary may
reevaluate and update any of the metrics developed in
accordance with this section to ensure that such metrics are
suitable to measure the effectiveness of border security.
(B) Congressional notification.--Not later than 30 days
before updating the metrics pursuant to subparagraph (A), the
Secretary shall notify the appropriate congressional committees
of such updates.
SEC. 1093. 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. 1094. SENSE OF CONGRESS REGARDING THE OCONUS BASING OF THE KC-46A
AIRCRAFT.
(a) Finding.--Congress finds that the Department of Defense is
continuing its process of permanently stationing the KC-46A aircraft at
installations in the Continental United States (in this section
referred to as ``CONUS'') and forward-basing outside the Continental
United States (in this section referred to as ``OCONUS'').
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force, as part of the strategic basing process for
the KC-46A aircraft, should continue to place emphasis on and consider
the benefits derived from outside the continental United States
(OCONUS) locations that--
(1) support day-to-day air refueling operations, combatant
commander operations plans, and flexibility for contingency ops,
and have--
(A) a strategic location that is essential to the defense
of the United States and its interests;
(B) receivers for boom or probe-and-drogue training
opportunities with joint and international partners; and
(C) sufficient airfield and airspace availability and
capacity to meet requirements; and
(2) possess facilities that--
(A) take full advantage of existing infrastructure to
provide--
(i) runway, hangars, and aircrew and maintenance
operations; and
(ii) sufficient fuels receipt, storage, and
distribution for 5-day peacetime operating stock; and
(B) minimize overall construction and operational costs.
SEC. 1095. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC ARCTIC
PORT.
(a) Sense of Congress.--It is the sense of Congress that the Arctic
is a region of growing strategic importance to the national security
interest of the United States and that the Department of Defense must
better align its posture and capabilities to meet the growing array of
challenges in the region.
(b) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, the Commanding General of
the United States Army Corps of Engineers, the Commandant of the Coast
Guard, and the Administrator of the Maritime Administration, shall
submit to the congressional defense committees a report containing an
assessment of the future security requirements for one or more
strategic ports in the Arctic.
(d) Contents of Report.--Consistent with the updated military
strategy for the protection of United States national security
interests in the Arctic region set forth in the reports required under
section 1068 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 992), the report required under
subsection (c) shall include--
(1) the amount of sufficient and suitable space needed to
create capacity for port and other necessary infrastructure for at
least one of each of type of Navy or Coast Guard vessel, including
an Arleigh Burke class destroyer of the Navy, or a national
security cutter or a heavy polar ice breaker of the Coast Guard;
(2) the amount of sufficient and suitable space needed to
create capacity for equipment and fuel storage, technological
infrastructure, and civil infrastructure to support military and
civilian operations, including--
(A) aerospace warning;
(B) maritime surface and subsurface warning;
(C) maritime control and defense;
(D) maritime domain awareness;
(E) homeland defense;
(F) defense support to civil authorities;
(G) humanitarian relief;
(H) search and rescue;
(I) disaster relief;
(J) oil spill response;
(K) medical stabilization and evacuation; and
(L) meteorological measurements and forecasting;
(3) an identification of proximity and road access to an
airport designated as a commercial service airport by the Federal
Aviation Administration that is capable of supporting military and
civilian aircraft for operations designated in paragraph (2); and
(4) a description of the requirements, to include
infrastructure and installations, communications, and logistics
necessary to improve response effectiveness to support military and
civilian operations designated in paragraph (2).
(e) Designation of Strategic Arctic Ports.--
(1) Designation criteria and recommendations.--Upon completion
of the report required under subsection (c), the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff, the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, the Administrator of
the Maritime Administration, shall--
(A) establish criteria for the designation of a port as a
``Department of Defense Strategic Arctic Port''; and
(B) if the report required under subsection (c) includes a
determination that one or more strategic Arctic ports are
necessary to fulfill future security requirements in the
Arctic, not later than 18 months after the date of the
completion of the report, submit to the congressional defense
committees recommendations for the designation of one or more
ports as Department of Defense Strategic Arctic Ports.
(2) Cost estimates.--The recommendations submitted under
paragraph (1)(B) shall include the estimated cost of sufficient
construction necessary to initiate and sustain expected operations
at the ports designated as Department of Defense Strategic Arctic
Ports.
(f) Rule of Construction.--Nothing in this section may be construed
to authorize any additional appropriations for the Department of
Defense for the establishment of any port recommended pursuant to this
section.
SEC. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS GRANTED TO
FOREIGN COUNTRIES AND TRANSFER TO CERTAIN PERSONS.
(a) Recovery.--Subchapter II of chapter 407 of title 36, United
States Code, is amended by inserting after section 40728A the following
new section:
``Sec. 40728B. Recovery of excess rifles, ammunition, and parts granted
to foreign countries and transfer to certain persons
``(a) Authority to Recover.--(1) Subject to paragraph (2) and
subsection (b), the Secretary of the Army may acquire from any person
any rifle, ammunition, repair parts, or other supplies described in
section 40731(a) of this title which were--
``(A) provided to any country on a grant basis under the
conditions imposed by section 505 of the Foreign Assistance Act of
1961 (22 U.S.C. 2314) that became excess to the needs of such
country; and
``(B) lawfully acquired by such person.
``(2) The Secretary of the Army may not acquire anything under
paragraph (1) except for transfer to a person in the United States
under subsection (c).
``(3) The Secretary of the Army may accept rifles, ammunition,
repair parts, or other supplies under paragraph (1) notwithstanding
section 1342 of title 31.
``(b) Cost of Recovery.--The Secretary of the Army may not acquire
anything under subsection (a) if the United States would incur any cost
for such acquisition.
``(c) Availability for Transfer.--Any rifles, ammunition, repair
parts, or supplies acquired under subsection (a) shall be available for
transfer in the United States to the person from whom acquired if such
person--
``(1) is licensed as a manufacturer, importer, or dealer
pursuant to section 923(a) of title 18; and
``(2) uses an ammunition depot of the Army that is an eligible
facility for receipt of any rifles, ammunition, repair parts, or
supplies under this paragraph.
``(d) Market Value.--The Secretary of the Army may only transfer an
item under subsection (c) if the Secretary receives fair market value
for the item.
``(e) Contracts.--Notwithstanding subsection (k) of section 2304 of
title 10, the Secretary may enter into such contracts or cooperative
agreements on a sole source basis pursuant to paragraphs (4) and (5) of
subsection (c) of such section to carry out this section.
``(f) AECA.--Transfers authorized under this section may only be
made in accordance with applicable provisions of the Arms Export
Control Act (22 U.S.C. 2778).
``(g) Rifle Defined.--In this section, the term `rifle' has the
meaning given such term in section 921 of title 18.''.
(b) Sale.--Section 40732 of such title is amended--
(1) by adding at the end the following new subsection:
``(d) Sales by Other Persons.--A person who receives a rifle or any
ammunition, repair parts, or supplies under section 40728B(c) of this
title may sell, at fair market value, such rifle, ammunition, repair
parts, or supplies. With respect to rifles other than caliber .22
rimfire and caliber .30 rifles, the seller shall obtain a license as a
dealer in rifles and abide by all requirements imposed on persons
licensed under chapter 44 of title 18, including maintaining
acquisition and disposition records, and conducting background
checks.''; and
(2) in subsection (c)(1), by striking ``The corporation may
not'' and inserting ``No person acquiring a firearm under this
chapter may''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 407 of such title is amended by inserting after the item
relating to section 40728A the following new item:

``40728B. Recovery of excess rifles, ammunition, and parts granted to
foreign countries and transfer to certain persons.''.

(d) Report.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall submit
to the Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives a
report on the acquisition and transfer of excess rifles,
ammunition, repair parts, and other supplies described in section
40731(a) of title 36, United States Code, that were provided to a
country on a grant basis under the conditions imposed by section
505 of the Foreign Assistance Act of 1961. The report shall include
each of the following:
(A) A list of excess rifles, ammunition, repair parts, and
other supplies known to the United States Army as eligible for
transfer under section 40731(a) of title 36, United States
Code.
(B) An assessment of whether and how the Secretary of the
Army intends to use the authorities under section 40728B of
title 36, United States Code, as added by this section.
(C) Any other issue that the Secretary of the Army
considers appropriate.
(2) Prohibition on transfers pending submittal of report.--No
rifle, ammunition, repair part, or supplies acquired under section
40728B(a) of title 36, United States Code, may be transferred until
the date that is 90 days after the date of the submittal of the
report required under paragraph (1).

TITLE XI--CIVILIAN PERSONNEL MATTERS

Subtitle A--Department of Defense Matters Generally

Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters

Subtitle C--Governmentwide 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. TRAINING FOR EMPLOYMENT PERSONNEL OF DEPARTMENT OF DEFENSE
ON MATTERS RELATING TO AUTHORITIES FOR RECRUITMENT AND RETENTION AT
UNITED STATES CYBER COMMAND.
(a) Training Required.--Section 1599f of title 10, United States
Code, is amended--
(1) by redesignating subsections (f), (g), (h), (i), and (j) as
subsections (g), (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Training.--(1) The Secretary shall provide training to
covered personnel on hiring and pay matters relating to authorities
under this section.
``(2) For purposes of this subsection, covered personnel are
employees of the Department who--
``(A) carry out functions relating to--
``(i) the management of human resources and the civilian
workforce of the Department; or
``(ii) the writing of guidance for the implementation of
authorities regarding hiring and pay under this section; or
``(B) are employed in supervisory positions or have
responsibilities relating to the hiring of individuals for
positions in the Department and to whom the Secretary intends to
delegate authority under this section.''.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress (as defined in section 1599f
of title 10, United States Code) a report on the training the
Secretary intends to provide to each of the employees described in
subsection (f)(2) of such section (as added by subsection (a) of
this section) and the frequency with which the Secretary intends to
provide such training.
(2) Ongoing reports.--Subsection (h)(2)(E) of such section, as
redesignated by subsection (a)(1) of this section, is amended by
striking ``supervisors of employees in qualified positions at the
Department on the use of the new authorities'' and inserting
``employees described in subsection (f)(2) on the use of
authorities under this section''.
SEC. 1104. PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Authority.--Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1599g. Public-private talent exchange
``(a) Assignment Authority.--Under regulations prescribed by the
Secretary of Defense, the Secretary may, with the agreement of a
private-sector organization and the consent of the employee, arrange
for the temporary assignment of an employee to such private-sector
organization, or from such private-sector organization to a Department
of Defense organization under this section.
``(b) Agreements.--(1) The Secretary of Defense shall provide for a
written agreement among the Department of Defense, the private-sector
organization, and the employee concerned regarding the terms and
conditions of the employee's assignment under this section. The
agreement--
``(A) shall require that the employee of the Department of
Defense, upon completion of the assignment, will serve in the
Department of Defense, or elsewhere in the civil service if
approved by the Secretary, for a period equal to twice the length
of the assignment;
``(B) shall provide that if the employee of the Department of
Defense or of the private-sector organization (as the case may be)
fails to carry out the agreement, such employee shall be liable to
the United States for payment of all expenses of the assignment,
unless that failure was for good and sufficient reason, as
determined by the Secretary of Defense; and
``(C) shall contain language ensuring that such employee of the
Department does not improperly use pre-decisional or draft
deliberative information that such employee may be privy to or
aware of related to Department programing, budgeting, resourcing,
acquisition, or procurement for the benefit or advantage of the
private-sector organization.
``(2) An amount for which an employee is liable under paragraph (1)
shall be treated as a debt due the United States.
``(3) The Secretary may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not in the
best interests of the United States, after taking into account any
indication of fraud, misrepresentation, fault, or lack of good faith on
the part of the employee.
``(c) Termination.--An assignment under this section may, at any
time and for any reason, be terminated by the Department of Defense or
the private-sector organization concerned.
``(d) Duration.--(1) An assignment under this section shall be for
a period of not less than three months and not more than two years,
renewable up to a total of four years. No employee of the Department of
Defense may be assigned under this section for more than a total of 4
years inclusive of all such assignments.
``(2) An assignment under this section may be for a period in
excess of two years, but not more than four years, if the Secretary
determines that such assignment is necessary to meet critical mission
or program requirements.
``(e) Status of Federal Employees Assigned to Private-sector
Organizations.--(1) An employee of the Department of Defense who is
assigned to a private-sector organization under this section shall be
considered, during the period of assignment, to be on detail to a
regular work assignment in the Department for all purposes. The written
agreement established under subsection (b)(1) shall address the
specific terms and conditions related to the employee's continued
status as a Federal employee.
``(2) In establishing a temporary assignment of an employee of the
Department of Defense to a private-sector organization, the Secretary
of Defense shall--
``(A) ensure that the normal duties and functions of such
employee can be reasonably performed by other employees of the
Department of Defense without the transfer or reassignment of other
personnel of the Department of Defense, including members of the
armed forces;
``(B) ensure that the normal duties and functions of such
employees are not, as a result of and during the course of such
temporary assignment, performed or augmented by contractor
personnel in violation of the provisions of section 2461 of this
title; and
``(C) certify that the temporary assignment of such employee
shall not have an adverse or negative impact on mission attainment,
warfighter support, or organizational capabilities associated with
the assignment.
``(f) Terms and Conditions for Private-sector Employees.--An
employee of a private-sector organization who is assigned to a
Department of Defense organization under this section--
``(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is assigned
and shall not receive pay or benefits from the Department of
Defense, except as provided in paragraph (2);
``(2) is deemed to be an employee of the Department of Defense
for the purposes of--
``(A) chapters 73 and 81 of title 5;
``(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other Federal
tort liability statute;
``(E) the Ethics in Government Act of 1978; and
``(F) chapter 21 of title 41;
``(3) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to the
private-sector organization from which such employee is assigned;
``(4) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary of Defense; and
``(5) may not be used to circumvent the provision of section
2461 of this title nor to circumvent any limitation or restriction
on the size of the Department's workforce.
``(g) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge the
Department or any other agency of the Federal Government, as direct or
indirect costs under a Federal contract, the costs of pay or benefits
paid by the organization to an employee assigned to a Department
organization under this section for the period of the assignment.
``(h) Considerations.--In carrying out this section, the Secretary
of Defense--
``(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are from small business
concerns (as defined by section 3703(e)(2)(A) of title 5);
``(2) shall take into consideration the question of how
assignments under this section might best be used to help meet the
needs of the Department of Defense with respect to the training of
employees; and
``(3) shall take into consideration, where applicable, areas of
particular private sector expertise, such as cybersecurity.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:

``1599g. Public-private talent exchange.''.
SEC. 1105. TEMPORARY AND TERM APPOINTMENTS IN THE COMPETITIVE SERVICE
IN THE DEPARTMENT OF DEFENSE.
(a) Appointment.--
(1) In general.--The Secretary of Defense may make a temporary
appointment or a term appointment in the Department when the need
for the services of an employee in the Department is not permanent.
(2) Extension.--The Secretary may extend a temporary
appointment or a term appointment made under paragraph (1).
(b) Appointments for Critical Hiring Needs.--
(1) In general.--If there is a critical hiring need, the
Secretary of Defense may make a noncompetitive temporary
appointment or a noncompetitive term appointment in the Department
of Defense, without regard to the requirements of sections 3327 and
3330 of title 5, United States Code, for a period that is not more
than 18 months.
(2) No extension available.--An appointment made under
paragraph (1) may not be extended.
(c) Regulations.--The Secretary may prescribe regulations to carry
out this section.
(d) Definitions.--In this section:
(1) The term ``temporary appointment'' means the appointment of
an employee in the competitive service for a period that is not
more than one year.
(2) The term ``term appointment'' means the appointment of an
employee in the competitive service for a period that is more than
one year and not more than five years, unless the Secretary of
Defense, before the appointment of the employee, authorizes a
longer period.
SEC. 1106. DIRECT-HIRE AUTHORITY FOR THE DEPARTMENT OF DEFENSE FOR
POST-SECONDARY STUDENTS AND RECENT GRADUATES.
(a) Hiring Authority.--Without regard to sections 3309 through
3318, 3327, and 3330 of title 5, United States Code, the Secretary of
Defense may recruit and appoint qualified recent graduates and current
post-secondary students to competitive service positions in
professional and administrative occupations within the Department of
Defense.
(b) Limitation on Appointments.--Subject to subsection (c)(2), the
total number of employees appointed by the Secretary under subsection
(a) during a fiscal year may not exceed the number equal to 15 percent
of the number of hires made into professional and administrative
occupations of the Department at the GS-11 level and below (or
equivalent) under competitive examining procedures during the previous
fiscal year.
(c) Regulations.--
(1) In general.--The Secretary shall administer this section in
accordance with regulations prescribed by the Secretary for
purposes of this section.
(2) Lower limit on appointments.--The regulations may establish
a lower limit on the number of individuals appointable under
subsection (a) during a fiscal year than is otherwise provided for
under subsection (b), based on such factors as the Secretary
considers appropriate.
(3) Public notice and advertising.--To the extent practical, as
determined by the Secretary, the Secretary shall publicly advertise
positions available under this section. In carrying out the
preceding sentence, the Secretary shall--
(A) take into account merit system principles, mission
requirements, costs, and organizational benefits of any
advertising of positions; and
(B) advertise such positions in the manner the Secretary
determines is most likely to provide diverse and qualified
candidates and ensure potential applicants have appropriate
information relevant to the positions available.
(d) Sunset.--The authority provided under this section shall
terminate on September 30, 2021.
(e) Definitions.--In this section:
(1) The term ``current post-secondary student'' means a person
who--
(A) is currently enrolled in, and in good academic standing
at, a full-time program at an institution of higher education;
(B) is making satisfactory progress toward receipt of a
baccalaureate or graduate degree; and
(C) has completed at least one year of the program.
(2) The term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
(3) The term ``recent graduate'', with respect to appointment
of a person under this section, means a person who was awarded a
degree by an institution of higher education not more than two
years before the date of the appointment of such person, except
that in the case of a person who has completed a period of
obligated service in a uniformed service of more than four years,
such term means a person who was awarded a degree by an institution
of higher education not more than four years before the date of the
appointment of such person.
SEC. 1107. TEMPORARY INCREASE IN MAXIMUM AMOUNT OF VOLUNTARY SEPARATION
INCENTIVE PAY AUTHORIZED FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
During the period beginning on the date of enactment of this Act
and ending on September 30, 2018, section 9902(f)(5)(A)(ii) of title 5,
United States Code, shall be applied by substituting ``an amount
determined by the Secretary, not to exceed $40,000'' for ``$25,000''.
SEC. 1108. EXTENSION OF RATE OF OVERTIME PAY FOR DEPARTMENT OF THE NAVY
EMPLOYEES PERFORMING WORK ABOARD OR DOCKSIDE IN SUPPORT OF THE NUCLEAR-
POWERED AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is amended by
striking ``September 30, 2017'' and inserting ``September 30, 2018''.
SEC. 1109. LIMITATION ON NUMBER OF DOD SES POSITIONS.
(a) Limitation on Number of DOD SES Positions.--
(1) In general.--Not later than December 31, 2022, the total
number of Senior Executive Service positions authorized under
section 3133 of title 5, United States Code, for the Department of
Defense may not exceed 1,260.
(2) Highly qualified experts.--Of the total number of positions
authorized under paragraph (1), not more than 200 of such positions
may be occupied by an individual appointed under the authority
provided in section 9903 of such title.
(b) Plan to Achieve Required Limitation.--
(1) In general.--The Secretary of Defense shall develop a plan
to achieve the limitation required by subsection (a) that
includes--
(A) the distribution of Senior Executive Service positions
across the Office of the Secretary of Defense, the Joint Staff,
the Military Departments, the Defense Agencies and Field
Activities, the unified and specified combatant commands, and
other key elements of the Department of Defense;
(B) the by-year reductions to Senior Executive Service
positions consistent with the distribution required under
subparagraph (A); and
(C) recommendations for any legislative action that may be
necessary for personnel management and shaping authorities to
achieve the required limitation.
(2) Submission of plan.--Not less than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the plan developed under
paragraph (1).
(3) Progress reports.--The Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives semi-annual progress report briefings describing
and assessing the progress of the Secretary in implementing the
plan developed under paragraph (1).
(c) Conforming Amendment.--Section 3133(c) of title 5, United
States Code, is amended by adding at the end the following new
sentence: ``Beginning in 2023, the number of such positions authorized
under the preceding sentence for the Department of Defense may not
exceed the limitation provided in section 1109 of the National Defense
Authorization Act for Fiscal Year 2017.''.
(d) Definition of Senior Executive Service Position.--In this
section, the term ``Senior Executive Service position'' has the meaning
given such term in section 3132(a)(2) of title 5, United States Code.
SEC. 1110. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT EXPERTS IN
THE DEPARTMENT OF DEFENSE WORKFORCE.
(a) Authority.--Each Secretary concerned may appoint qualified
candidates possessing a finance, accounting, management, or actuarial
science degree, or a related degree or equivalent experience, to
positions specified in subsection (c) for the Defense Agencies or the
applicable military department without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code.
(b) Secretary Concerned.--For purposes of this section, the
Secretary concerned is as follows:
(1) The Secretary of Defense with respect to the Defense
Agencies.
(2) The Secretary of a military department with respect to such
military department.
(c) Positions.--The positions specified in this subsection are the
positions within the Department of Defense workforce as follows:
(1) Financial management positions.
(2) Accounting positions.
(3) Auditing positions.
(4) Actuarial positions.
(5) Cost estimation positions.
(6) Operational research positions.
(7) Business and business administration positions.
(d) Limitation.--Authority under this section may not, in any
calendar year and with respect to any Defense Agency or military
department, be exercised with respect to a number of candidates greater
than the number equal to 10 percent of the total number of the
financial management, accounting, auditing, and actuarial positions
within the financial management workforce of such Defense Agency or
military department that are filled as of the close of the fiscal year
last ending before the start of such calendar year.
(e) Nature of Appointment.--Any appointment under this section
shall be treated as an appointment on a full-time equivalent basis,
unless such appointment is made on a term or temporary basis.
(f) Employee Defined.--In this section, the term ``employee'' has
the meaning given that term in section 2105 of title 5, United States
Code.
(g) Termination.--The authority to make appointments under this
section shall not be available after December 31, 2022.
SEC. 1111. REPEAL OF CERTAIN BASIS FOR APPOINTMENT OF A RETIRED MEMBER
OF THE ARMED FORCES TO DEPARTMENT OF DEFENSE POSITION WITHIN 180 DAYS
OF RETIREMENT.
Section 3326(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by adding ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).

Subtitle B--Department of Defense Science and Technology Laboratories
and Related Matters

SEC. 1121. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR THE DEPARTMENT
OF DEFENSE FOR EXPERTS IN SCIENCE AND ENGINEERING.
(a) Permanent Personnel Management Authority.--
(1) In general.--Chapter 81 of title 10, United States Code, as
amended by section 1104 of this Act, is further amended by adding
at the end the following new section:
``Sec. 1599h. Personnel management authority to attract experts in
science and engineering
``(a) Programs Authorized.--
``(1) Laboratories of the military departments.--The Secretary
of Defense may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for such
laboratories of the military departments as the Secretary shall
designate for purposes of the program for research and development
projects of such laboratories.
``(2) DARPA.--The Director of the Defense Advanced Research
Projects Agency may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for
research and development projects and to enhance the administration
and management of the Agency.
``(3) DOTE.--The Director of the Office of Operational Test and
Evaluation may carry out a program of personnel management
authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering to support
operational test and evaluation missions of the Office.
``(b) Personnel Management Authority.--Under a program under
subsection (a), the official responsible for administration of the
program may--
``(1) without regard to any provision of title 5 governing the
appointment of employees in the civil service--
``(A) in the case of the laboratories of the military
departments designated pursuant to subsection (a)(1), appoint
scientists and engineers to a total of not more than 40
scientific and engineering positions in such laboratories;
``(B) in the case of the Defense Advanced Research Projects
Agency, appoint individuals to a total of not more than 100
positions in the Agency, of which not more than 5 such
positions may be positions of administration or management of
the Agency; and
``(C) in the case of the Office of Operational Test and
Evaluation, appoint scientists and engineers to a total of not
more than 10 scientific and engineering positions in the
Office;
``(2) notwithstanding any provision of title 5 governing the
rates of pay or classification of employees in the executive
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
(Public Law 105-261; 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 (5
U.S.C. 3104 note) (as in effect on the day before such date) shall
remain employed under section 1599h of title 10, United States Code
(as added by subsection (a)), after such date in accordance with
such section 1599h and the applicable program carried out under
such section 1599h.
(2) Date of appointment.--For purposes of subsection (c) of
section 1599h of title 10, United States Code (as so added), the
date of the appointment of any employee who remains employed as
described in paragraph (1) shall be the date of the appointment of
such employee under section 1101(b)(1) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C.
3104 note) (as so in effect).
SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORITIES FOR
CERTAIN POSITIONS AT DEPARTMENT OF DEFENSE RESEARCH AND ENGINEERING
LABORATORIES.
(a) Codification.--
(1) In general.--Chapter 139 of title 10, United States Code,
is amended by inserting after section 2358 the following new
section:
``Sec. 2358a. Authorities for certain positions at science and
technology reinvention laboratories
``(a) Authority to Make Direct Appointments.--
``(1) Candidates for scientific and engineering positions at
science and technology reinvention laboratories.--The director of
any Science and Technology Reinvention Laboratory (hereinafter in
this section referred to as an `STRL') may appoint qualified
candidates possessing a bachelor's degree to positions described in
paragraph (1) of subsection (b) as an employee in a laboratory
described in that paragraph without regard to the provisions of
subchapter I of chapter 33 of title 5 (other than sections 3303 and
3328 of such title).
``(2) Veteran candidates for similar positions at research and
engineering facilities.--The director of any STRL may appoint
qualified veteran candidates to positions described in paragraph
(2) of subsection (b) as an employee at a laboratory, agency, or
organization specified in that paragraph without regard to the
provisions of subchapter I of chapter 33 of title 5.
``(3) Students enrolled in scientific and engineering
programs.--The director of any STRL may appoint qualified
candidates enrolled in a program of undergraduate or graduate
instruction leading to a bachelor's or an advanced degree in a
scientific, technical, engineering or mathematical course of study
at an institution of higher education (as that term is defined in
sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C.
1001, 1002)) to positions described in paragraph (3) of subsection
(b) as an employee in a laboratory described in that paragraph
without regard to the provisions of subchapter I of chapter 33 of
title 5 (other than sections 3303 and 3328 of such title).
``(4) Noncompetitive conversion to permanent appointment.--With
respect to any student appointed by the director of an STRL under
paragraph (3) to a temporary or term appointment, upon graduation
from the applicable institution of higher education (as defined in
such paragraph), the director may noncompetitively convert such
student to a permanent appointment within the STRL without regard
to the provisions of subchapter I of chapter 33 of title 5 (other
than sections 3303 and 3328 of such title), provided the student
meets all eligibility and Office of Personnel Management
qualification requirements for the position.
``(b) Covered Positions.--
``(1) Candidates for scientific and engineering positions.--The
positions described in this paragraph are scientific and
engineering positions that may be temporary, term, or permanent in
any laboratory designated by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84;
10 U.S.C. 2358 note) as a Department of Defense science and
technology reinvention laboratory.
``(2) Qualified veteran candidates.--The positions described in
this paragraph are scientific, technical, engineering, and
mathematics positions, including technicians, in the following:
``(A) Any laboratory referred to in paragraph (1).
``(B) Any other Department of Defense research and
engineering agency or organization designated by the Secretary
for purposes of subsection (a)(2).
``(3) Candidates enrolled in scientific and engineering
programs.--The positions described in this paragraph are scientific
and engineering positions that may be temporary or term in any
laboratory designated by section 1105(a) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note) as a Department of Defense science and technology
reinvention laboratory.
``(c) Limitation on Number of Appointments Allowable in a Calendar
Year.--The authority under subsection (a) may not, in any calendar year
and with respect to any laboratory, agency, or organization described
in subsection (b), be exercised with respect to a number of candidates
greater than the following:
``(1) In the case of a laboratory described in subsection
(b)(1), with respect to appointment authority under subsection
(a)(1), the number equal to 6 percent of the total number of
scientific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.
``(2) In the case of a laboratory, agency, or organization
described in subsection (b)(2), with respect to appointment
authority under subsection (a)(2), the number equal to 3 percent of
the total number of scientific, technical, engineering,
mathematics, and technician positions in such laboratory, agency,
or organization that are filled as of the close of the fiscal year
last ending before the start of such calendar year.
``(3) In the case of a laboratory described in subsection
(b)(3), with respect to appointment authority under subsection
(a)(3), the number equal to 10 percent of the total number of
scientific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.
``(d) Senior Scientific Technical Managers.--
``(1) Establishment.--There is hereby established in each STRL
a category of senior professional scientific and technical
positions, the incumbents of which shall be designated as `senior
scientific technical managers' and which shall be positions
classified above GS-15 of the General Schedule, notwithstanding
section 5108(a) of title 5. The primary functions of such positions
shall be--
``(A) to engage in research and development in the
physical, biological, medical, or engineering sciences, or
another field closely related to the mission of such STRL; and
``(B) to carry out technical supervisory responsibilities.
``(2) Appointments.--The positions described in paragraph (1)
may be filled, and shall be managed, by the director of the STRL
involved, under criteria established pursuant to section 342(b) of
the National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 10 U.S.C. 2358 note), relating to personnel
demonstration projects at laboratories of the Department of
Defense, except that the director of the laboratory involved shall
determine the number of such positions at such laboratory, not to
exceed 2 percent of the number of scientists and engineers employed
at such laboratory as of the close of the last fiscal year before
the fiscal year in which any appointments subject to that numerical
limitation are made.
``(e) Exclusion From Personnel Limitations.--
``(1) In general.--The director of an STRL shall manage the
workforce strength, structure, positions, and compensation of such
STRL--
``(A) without regard to any limitation on appointments,
positions, or funding with respect to such STRL, subject to
subparagraph (B); and
``(B) in a manner consistent with the budget available with
respect to such STRL.
``(2) Exceptions.--Paragraph (1) shall not apply to Senior
Executive Service positions (as defined in section 3132(a) of title
5) or scientific and professional positions authorized under
section 3104 of such title.
``(f) Definitions.--In this section:
``(1) The term `employee' has the meaning given that term in
section 2105 of title 5.
``(2) The term `veteran' has the meaning given that term in
section 101 of title 38.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 139 of such title is amended by inserting after the item
relating to section 2358 the following new item:

``2358a. Authorities for certain positions at science and technology
reinvention laboratories.''.

(b) Repeal of Superseded Section.--Section 1107 of the National
Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 2358 note) is
hereby repealed.
SEC. 1123. MODIFICATION TO INFORMATION TECHNOLOGY PERSONNEL EXCHANGE
PROGRAM.
Section 1110 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 5 U.S.C. 3702 note) is amended--
(1) in the section heading, by inserting ``cyber and'' before
``information''.
(2) in subsections (a)(1)(A), (a)(1)(C), and (g)(2), by
inserting ``cyber operations or'' before ``information'';
(3) in subsection (d), by striking ``2018'' and inserting
``2022'';
(4) in subsection (g)(1), by inserting ``to or'' before
``from''; and
(5) in subsection (h), by striking ``10'' and inserting ``50''.
SEC. 1124. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH
AND TECHNOLOGY POSITIONS IN THE SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES OF THE DEPARTMENT OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program to assess the feasibility and advisability of using
the pay authority specified in subsection (d) to fix the rate of basic
pay for positions described in subsection (c) in order to assist the
military departments in attracting and retaining high quality
acquisition and technology experts in positions responsible for
managing and performing complex, high-cost research and technology
development efforts in the science and technology reinvention
laboratories of the Department of Defense.
(b) Approval Required.--The pilot program may be carried out in a
military department only with the approval of the Service Acquisition
Executive of the military department concerned.
(c) Positions.--The positions described in this subsection are
positions in the science and technology reinvention laboratories of the
Department of Defense that--
(1) require expertise of an extremely high level in a
scientific, technical, professional, or acquisition management
field; and
(2) are critical to the successful accomplishment of an
important research or technology development mission.
(d) Rate of Basic Pay.--The pay authority specified in this
subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a
rate not to exceed 150 percent of the rate of basic pay payable for
level I of the Executive Schedule, upon the approval of the Service
Acquisition Executive concerned.
(2) Authority to fix the rate of basic pay for a position at a
rate in excess of 150 percent of the rate of basic pay payable for
level I of the Executive Schedule, upon the approval of the
Secretary of the military department concerned.
(e) Limitations.--
(1) In general.--The authority in subsection (a) may be used
only to the extent necessary to competitively recruit or retain
individuals exceptionally well qualified for positions described in
subsection (c).
(2) Number of positions.--The authority in subsection (a) may
not be used with respect to more than five positions in each
military department at any one time.
(3) Term of positions.--The authority in subsection (a) may be
used only for positions having a term of less than five years.
(f) Termination.--
(1) In general.--The authority to fix rates of basic pay for a
position under this section shall terminate on October 1, 2021.
(2) Continuation of pay.--Nothing in paragraph (1) shall be
construed to prohibit the payment after October 1, 2021, of basic
pay at rates fixed under this section before that date for
positions having terms that continue after that date.
(g) Science and Technology Reinvention Laboratories of the
Department of Defense Defined.--In this section, the term ``science and
technology reinvention laboratories of the Department of Defense''
means the laboratories designated as science and technology reinvention
laboratories by section 1105(a) of the National Defense Authorization
Act for Fiscal Year 2010 (10 U.S.C. 2358 note).
SEC. 1125. TEMPORARY DIRECT HIRE AUTHORITY FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES, THE MAJOR RANGE AND TEST FACILITIES BASE,
AND THE OFFICE OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
(a) Defense Industrial Base Facility and MRTFB.--During fiscal
years 2017 and 2018, the Secretary of Defense may appoint, without
regard to the provisions of subchapter I of chapter 33 of title 5,
United States Code, other than sections 3303 and 3328 of such title,
qualified candidates to positions in the competitive service at any
defense industrial base facility or the Major Range and Test Facilities
Base.
(b) Office of the Director of Operational Test and Evaluation.--
During fiscal years 2017 through 2021, the Secretary of Defense may,
acting through the Director of Operational Test and Evaluation, appoint
qualified candidates possessing an advanced degree to scientific and
engineering positions within the Office of the Director of Operational
Test and Evaluation without regard to the provisions of subchapter I of
chapter 33 of title 5, United States Code, other than sections 3303 and
3328 of such title.
(c) Definition of Defense Industrial Base Facility.--In this
section, the term ``defense industrial base facility'' means any
Department of Defense depot, arsenal, or shipyard located within the
United States.

Subtitle C--Governmentwide Matters

SEC. 1131. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR
NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MEMBERS OF THE ARMED FORCES.
Section 3330d(c) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
``(3) No time limitation on appointment.--A relocating spouse
of a member of the Armed Forces remains eligible for noncompetitive
appointment under this section for the duration of the spouse's
relocation to the permanent duty station of the member.''.
SEC. 1132. TEMPORARY PERSONNEL FLEXIBILITIES FOR DOMESTIC DEFENSE
INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE
CIVILIAN PERSONNEL.
(a) In General.--Notwithstanding chapter 33 of title 5, United
States Code, or any other provision of law relating to the examination,
certification, and appointment of individuals in the competitive
service, during fiscal years 2017 and 2018, an employee of a defense
industrial base facility or the Major Range and Test Facilities Base
serving under a time-limited appointment in the competitive service is
eligible to compete for a permanent appointment in the competitive
service at (A) any such facility, Base, or any other component of the
Department of Defense when such facility, Base, or component (as the
case may be) is accepting applications from individuals within the
facility, Base, or component's workforce under merit promotion
procedures, or (B) any agency when the agency is accepting applications
from individuals outside its own workforce under merit promotion
procedures of the applicable agency, if--
(1) the employee was appointed initially under open,
competitive examination under subchapter I of chapter 33 of such
title to the time-limited appointment;
(2) the employee has served under 1 or more time-limited
appointments by a defense industrial base facility or the Major
Range and Test Facilities Base for a period or periods totaling
more than 24 months without a break of 2 or more years; and
(3) the employee's performance has been at an acceptable level
of performance throughout the period or periods (as the case may
be) referred to in paragraph (2).
(b) Waiver of Age Requirement.--In determining the eligibility of a
time-limited employee under this section to be examined for or
appointed in the competitive service, the Office of Personnel
Management or other examining agency shall waive requirements as to
age, unless the requirement is essential to the performance of the
duties of the position.
(c) Status.--An individual appointed under this section--
(1) becomes a career-conditional employee, unless the employee
has otherwise completed the service requirements for career tenure;
and
(2) acquires competitive status upon appointment.
(d) Former Employees.--A former employee of a defense industrial
base facility or the Major Range and Test Facilities Base who served
under a time-limited appointment and who otherwise meets the
requirements of this section shall be deemed a time-limited employee
for purposes of this section if--
(1) such employee applies for a position covered by this
section within the period of 2 years after the most recent date of
separation; and
(2) such employee's most recent separation was for reasons
other than misconduct or performance.
(e) Benefits.--Any employee of a defense industrial base facility
or the Major Range and Test Facilities Base serving under a time-
limited appointment in the competitive service shall be provided with
benefits that are comparable to the benefits provided to similar
employees not serving under time-limited appointments at the defense
industrial base facility or the Major Range and Test Facilities Base
concerned, including professional development opportunities,
eligibility for awards programs, and designation as status applicants
for purposes of eligibility for positions in the civil service.
(f) Definition of Defense Industrial Base Facility.--In this
section, the term ``defense industrial base facility'' means any
Department of Defense depot, arsenal, or shipyard located within the
United States.
SEC. 1133. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL
DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1102 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1022), is further
amended by striking ``2017'' and inserting ``2018''.
SEC. 1134. ADVANCE PAYMENTS FOR EMPLOYEES RELOCATING WITHIN THE UNITED
STATES AND ITS TERRITORIES.
(a) In General.--Subsection (a) of section 5524a of title 5, United
States Code, is amended--
(1) by striking ``(a) The head'' and inserting ``(a)(1) The
head''; and
(2) by adding at the end the following:
``(2) The head of each agency may provide for the advance
payment of basic pay, covering not more than 4 pay periods, to an
employee who is assigned to a position in the agency that is
located--
``(A) outside of the employee's commuting area; and
``(B) in the United States, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, or any
territory or possession of the United States.''.
(b) Conforming Amendments.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by inserting ``or assigned'' after
``appointed''; and
(2) in paragraph (2)(B)--
(A) by inserting ``or assignment'' after ``appointment'';
and
(B) by inserting ``or assigned'' after ``appointed''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended by
inserting ``and employees relocating within the United States and
its territories'' after ``appointees''.
(2) Table of sections.--The item relating to such section in
the table of sections of chapter 55 of such title is amended to
read as follows:

``5524a. Advance payments for new appointees and employees relocating
within the United States and its territories.''.
SEC. 1135. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED APPOINTMENT TO
COMPETE FOR A PERMANENT APPOINTMENT AT ANY FEDERAL AGENCY.
Section 9602 of title 5, United States Code, is amended--
(1) in subsection (a) by striking ``any land management agency
or any other agency (as defined in section 101 of title 31) under
the internal merit promotion procedures of the applicable agency''
and inserting ``such land management agency when such agency is
accepting applications from individuals within the agency's
workforce under merit promotion procedures, or any agency,
including a land management agency, when the agency is accepting
applications from individuals outside its own workforce under the
merit promotion procedures of the applicable agency''; and
(2) in subsection (d) by inserting ``of the agency from which
the former employee was most recently separated'' after ``deemed a
time-limited employee''.
SEC. 1136. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FEDERAL
EMPLOYEES BEFORE REHIRING.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3330e. Review of official personnel file of former Federal
employees before rehiring
``(a) If a former Government employee is a candidate for a position
within the competitive service or the excepted service, prior to making
any determination with respect to the appointment or reinstatement of
such employee to such position, the appointing authority shall review
and consider merit-based information relating to such employee's former
period or periods of service such as official personnel actions,
employee performance ratings, and disciplinary actions, if any, in such
employee's official personnel record file.
``(b) In subsection (a), the term `former Government employee'
means an individual whose most recent position with the Government
prior to becoming a candidate as described under subsection (a) was
within the competitive service or the excepted service.
``(c) The Office of Personnel Management shall prescribe
regulations to carry out the purpose of this section. Such regulations
may not contain provisions that would increase the time required for
agency hiring actions.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any former Government employee (as described in section 3330e of
title 5, United States Code, as added by such subsection) appointed or
reinstated on or after the date that is 180 days after the date of
enactment of this Act.
(c) Clerical Amendment.--The table of sections of subchapter I of
chapter 33 of title 5, United States Code, is amended by adding at the
end the following:

``3330e. Review of official personnel file of former Federal employees
before rehiring.''.
SEC. 1137. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Section 1101(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most
recently amended by section 1108 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1027), is
further amended by striking ``through 2016'' and inserting ``through
2017''.
SEC. 1138. ADMINISTRATIVE LEAVE.
(a) Short Title.--This section may be cited as the ``Administrative
Leave Act of 2016''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) agency use of administrative leave, and leave that is
referred to incorrectly as administrative leave in agency recording
practices, has exceeded reasonable amounts--
(A) in contravention of--
(i) established precedent of the Comptroller General of
the United States; and
(ii) guidance provided by the Office of Personnel
Management; and
(B) resulting in significant cost to the Federal
Government;
(2) administrative leave should be used sparingly;
(3) prior to the use of paid leave to address personnel issues,
an agency should consider other actions, including--
(A) temporary reassignment; and
(B) transfer;
(4) an agency should prioritize and expeditiously conclude an
investigation in which an employee is placed in administrative
leave so that, not later than the conclusion of the leave period--
(A) the employee is returned to duty status; or
(B) an appropriate personnel action is taken with respect
to the employee;
(5) data show that there are too many examples of employees
placed in administrative leave for 6 months or longer, leaving the
employees without any available recourse to--
(A) return to duty status; or
(B) challenge the decision of the agency;
(6) an agency should ensure accurate and consistent recording
of the use of administrative leave so that administrative leave can
be managed and overseen effectively; and
(7) other forms of excused absence authorized by law should be
recorded separately from administrative leave, as defined by the
amendments made by this section.
(c) Administrative Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6329a. Administrative leave
``(a) Definitions.--In this section--
``(1) the term `administrative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is otherwise entitled
under law; or
``(iii) credit for time or service; and
``(B) that is not authorized under any other provision of
law;
``(2) the term `agency'--
``(A) means an Executive agency (as defined in section 105
of this title);
``(B) includes the Department of Veterans Affairs; and
``(C) does not include the Government Accountability
Office; and
``(3) the term `employee'--
``(A) has the meaning given the term in section 2105; and
``(B) does not include an intermittent employee who does
not have an established regular tour of duty during the
administrative workweek.
``(b) Administrative Leave.--
``(1) In general.--During any calendar year, an agency may
place an employee in administrative leave for a period of not more
than a total of 10 work days.
``(2) Records.--An agency shall record administrative leave
separately from leave authorized under any other provision of law.
``(c) Regulations.--
``(1) OPM regulations.--Not later than 270 calendar days after
the date of enactment of this section, the Director of the Office
of Personnel Management shall--
``(A) prescribe regulations to carry out this section; and
``(B) prescribe regulations that provide guidance to
agencies regarding--
``(i) acceptable agency uses of administrative leave;
and
``(ii) the proper recording of--

``(I) administrative leave; and
``(II) other leave authorized by law.

``(2) Agency action.--Not later than 270 calendar days after
the date on which the Director of the Office of Personnel
Management prescribes regulations under paragraph (1), each agency
shall revise and implement the internal policies of the agency to
meet the requirements of this section.
``(d) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) Technical and conforming amendment.--The table of sections
for subchapter II of chapter 63 of title 5, United States Code, is
amended by inserting after the item relating to section 6329 the
following:

``6329a. Administrative leave.''.

(d) Investigative Leave and Notice Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5, United
States Code, as amended by this section, is further amended by
adding at the end the following:
``Sec. 6329b. Investigative leave and notice leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in section 105
of this title);
``(B) includes the Department of Veterans Affairs; and
``(C) does not include the Government Accountability
Office;
``(2) the term `Chief Human Capital Officer' means--
``(A) the Chief Human Capital Officer of an agency
designated or appointed under section 1401; or
``(B) the equivalent;
``(3) the term `committees of jurisdiction', with respect to an
agency, means each committee of the Senate or House of
Representatives with jurisdiction over the agency;
``(4) the term `Director' means the Director of the Office of
Personnel Management;
``(5) the term `employee'--
``(A) has the meaning given the term in section 2105; and
``(B) does not include--
``(i) an intermittent employee who does not have an
established regular tour of duty during the administrative
workweek; or
``(ii) the Inspector General of an agency;
``(6) the term `investigative entity' means--
``(A) an internal investigative unit of an agency granting
investigative leave under this section;
``(B) the Office of Inspector General of an agency granting
investigative leave under this section;
``(C) the Attorney General; and
``(D) the Office of Special Counsel;
``(7) the term `investigative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is otherwise entitled
under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other provision of
law; and
``(C) in which an employee who is the subject of an
investigation is placed;
``(8) the term `notice leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is otherwise entitled
under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other provision of
law; and
``(C) in which an employee who is in a notice period is
placed; and
``(9) the term `notice period' means a period beginning on the
date on which an employee is provided notice required under law of
a proposed adverse action against the employee and ending on the
date on which an agency may take the adverse action.
``(b) Leave for Employees Under Investigation or in a Notice
Period.--
``(1) Authority.--An agency may, in accordance with paragraph
(2), place an employee in--
``(A) investigative leave if the employee is the subject of
an investigation;
``(B) notice leave if the employee is in a notice period;
or
``(C) notice leave following a placement in investigative
leave if, not later than the day after the last day of the
period of investigative leave--
``(i) the agency proposes or initiates an adverse
action against the employee; and
``(ii) the agency determines that the employee
continues to meet 1 or more of the criteria described in
paragraph (2)(A).
``(2) Requirements.--An agency may place an employee in leave
under paragraph (1) only if the agency has--
``(A) made a determination with respect to the employee
that the continued presence of the employee in the workplace
during an investigation of the employee or while the employee
is in a notice period, as applicable, may--
``(i) pose a threat to the employee or others;
``(ii) result in the destruction of evidence relevant
to an investigation;
``(iii) result in loss of or damage to Government
property; or
``(iv) otherwise jeopardize legitimate Government
interests;
``(B) considered--
``(i) assigning the employee to duties in which the
employee no longer poses a threat described in clauses (i)
through (iv) of subparagraph (A);
``(ii) allowing the employee to take leave for which
the employee is eligible;
``(iii) if the employee is absent from duty without
approved leave, carrying the employee in absence without
leave status; and
``(iv) for an employee subject to a notice period,
curtailing the notice period if there is reasonable cause
to believe the employee has committed a crime for which a
sentence of imprisonment may be imposed; and
``(C) determined that none of the available options under
clauses (i) through (iv) of subparagraph (B) is appropriate.
``(3) Duration of leave.--
``(A) Investigative leave.--Upon the expiration of the 10
work day period described in section 6329a(b)(1) with respect
to an employee, and if an agency determines that an extended
investigation of the employee is necessary, the agency may
place the employee in investigative leave for a period of not
more than 30 work days.
``(B) Notice leave.--Placement of an employee in notice
leave shall be for a period not longer than the duration of the
notice period.
``(4) Explanation of leave.--
``(A) In general.--If an agency places an employee in leave
under this subsection, the agency shall provide the employee a
written explanation of whether the employee was placed in
investigative leave or notice leave.
``(B) Explanation.--The written notice under subparagraph
(A) shall describe the limitations of the leave placement,
including--
``(i) the applicable limitations under paragraph (3);
and
``(ii) in the case of a placement in investigative
leave, an explanation that, at the conclusion of the period
of leave, the agency shall take an action under paragraph
(5).
``(5) Agency action.--Not later than the day after the last day
of a period of investigative leave for an employee under paragraph
(1), an agency shall--
``(A) return the employee to regular duty status;
``(B) take 1 or more of the actions under clauses (i)
through (iv) of paragraph (2)(B);
``(C) propose or initiate an adverse action against the
employee as provided under law; or
``(D) extend the period of investigative leave under
subsections (c) and (d).
``(6) Rule of construction.--Nothing in paragraph (5) shall be
construed to prevent the continued investigation of an employee,
except that the placement of an employee in investigative leave may
not be extended for that purpose except as provided in subsections
(c) and (d).
``(c) Initial Extension of Investigative Leave.--
``(1) In general.--Subject to paragraph (4), if the Chief Human
Capital Officer of an agency, or the designee of the Chief Human
Capital Officer, approves such an extension after consulting with
the investigator responsible for conducting the investigation to
which an employee is subject, the agency may extend the period of
investigative leave for the employee under subsection (b) for not
more than 30 work days.
``(2) Maximum number of extensions.--The total period of
additional investigative leave for an employee under paragraph (1)
may not exceed 90 work days.
``(3) Designation guidance.--Not later than 270 days after the
date of enactment of this section, the Chief Human Capital Officers
Council shall issue guidance to ensure that if the Chief Human
Capital Officer of an agency delegates the authority to approve an
extension under paragraph (1) to a designee, the designee is at a
sufficiently high level within the agency to make an impartial and
independent determination regarding the extension.
``(4) Extensions for oig employees.--
``(A) Approval.--In the case of an employee of an Office of
Inspector General--
``(i) the Inspector General or the designee of the
Inspector General, rather than the Chief Human Capital
Officer or the designee of the Chief Human Capital Officer,
shall approve an extension of a period of investigative
leave for the employee under paragraph (1); or
``(ii) at the request of the Inspector General, the
head of the agency within which the Office of Inspector
General is located shall designate an official of the
agency to approve an extension of a period of investigative
leave for the employee under paragraph (1).
``(B) Guidance.--Not later than 270 calendar days after the
date of enactment of this section, the Council of the
Inspectors General on Integrity and Efficiency shall issue
guidance to ensure that if the Inspector General or the head of
an agency, at the request of the Inspector General, delegates
the authority to approve an extension under subparagraph (A) to
a designee, the designee is at a sufficiently high level within
the Office of Inspector General or the agency, as applicable,
to make an impartial and independent determination regarding
the extension.
``(d) Further Extension of Investigative Leave.--
``(1) Report.--After reaching the limit under subsection (c)(2)
and if an investigative entity submits a certification under
paragraph (2) of this subsection, an agency may further extend a
period of investigative leave for an employee for periods of not
more than 30 work days each if, not later than 5 business days
after granting each further extension, the agency submits to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives, along with any other committees of
jurisdiction, a report containing--
``(A) the title, position, office or agency subcomponent,
job series, pay grade, and salary of the employee;
``(B) a description of the duties of the employee;
``(C) the reason the employee was placed in investigative
leave;
``(D) an explanation as to why--
``(i) the employee poses a threat described in clauses
(i) through (iv) of subsection (b)(2)(A); and
``(ii) the agency is not able to reassign the employee
to another position within the agency;
``(E) in the case of an employee required to telework under
section 6502(c) during the investigation of the employee--
``(i) the reasons that the agency required the employee
to telework under that section; and
``(ii) the duration of the teleworking requirement;
``(F) the status of the investigation of the employee;
``(G) the certification described in paragraph (2); and
``(H) in the case of a completed investigation of the
employee--
``(i) the results of the investigation; and
``(ii) the reason that the employee remains in
investigative leave.
``(2) Certification.--If, after an employee has reached the
limit under subsection (c)(2), an investigative entity determines
that additional time is needed to complete the investigation of the
employee, the investigative entity shall--
``(A) certify to the appropriate agency that additional
time is needed to complete the investigation of the employee;
and
``(B) include in the certification an estimate of the
amount of time that is necessary to complete the investigation
of the employee.
``(3) No extensions after completion of investigation.--An
agency may not further extend a period of investigative leave of an
employee under paragraph (1) on or after the date that is 30
calendar days after the completion of the investigation of the
employee by an investigative entity.
``(e) Consultation Guidance.--Not later than 270 calendar days
after the date of enactment of this section, the Council of the
Inspectors General on Integrity and Efficiency, in consultation with
the Attorney General and the Special Counsel, shall issue guidance on
best practices for consultation between an investigator and an agency
on the need to place an employee in investigative leave during an
investigation of the employee, including during a criminal
investigation, because the continued presence of the employee in the
workplace during the investigation may--
``(1) pose a threat to the employee or others;
``(2) result in the destruction of evidence relevant to an
investigation;
``(3) result in loss of or damage to Government property; or
``(4) otherwise jeopardize legitimate Government interests.
``(f) Reporting and Records.--
``(1) In general.--An agency shall keep a record of the
placement of an employee in investigative leave or notice leave by
the agency, including--
``(A) the basis for the determination made under subsection
(b)(2)(A);
``(B) an explanation of why an action under clauses (i)
through (iv) of subsection (b)(2)(B) was not appropriate;
``(C) the length of the period of leave;
``(D) the amount of salary paid to the employee during the
period of leave;
``(E) the reasons for authorizing the leave, including, if
applicable, the recommendation made by an investigator under
subsection (c)(1);
``(F) whether the employee is required to telework under
section 6502(c) during the investigation, including the reasons
for requiring the employee to telework; and
``(G) the action taken by the agency at the end of the
period of leave, including, if applicable, the granting of any
extension of a period of investigative leave under subsection
(c) or (d).
``(2) Availability of records.--An agency shall make a record
kept under paragraph (1) available--
``(A) to any committee of jurisdiction, upon request;
``(B) to the Office of Personnel Management; and
``(C) as otherwise required by law, including for the
purposes of the Administrative Leave Act of 2016 and the
amendments made by that Act.
``(g) Recourse to the Office of Special Counsel.--For purposes of
subchapter II of chapter 12 and section 1221, placement on
investigative leave under subsection (b) of this section for a period
of not less than 70 work days shall be considered a personnel action
under paragraph (8) or (9) of section 2302(b).
``(h) Regulations.--
``(1) OPM action.--Not later than 270 calendar days after the
date of enactment of this section, the Director shall prescribe
regulations to carry out this section, including guidance to
agencies regarding--
``(A) acceptable purposes for the use of--
``(i) investigative leave; and
``(ii) notice leave;
``(B) the proper recording of--
``(i) the leave categories described in subparagraph
(A); and
``(ii) other leave authorized by law;
``(C) baseline factors that an agency shall consider when
making a determination that the continued presence of an
employee in the workplace may--
``(i) pose a threat to the employee or others;
``(ii) result in the destruction of evidence relevant
to an investigation;
``(iii) result in loss or damage to Government
property; or
``(iv) otherwise jeopardize legitimate Government
interests; and
``(D) procedures and criteria for the approval of an
extension of a period of investigative leave under subsection
(c) or (d).
``(2) Agency action.--Not later than 270 calendar days after
the date on which the Director prescribes regulations under
paragraph (1), each agency shall revise and implement the internal
policies of the agency to meet the requirements of this section.
``(i) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) GAO report.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the
Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives a report on the results of an evaluation
of the implementation of the authority provided under sections
6329a and 6329b of title 5, United States Code, as added by
subsection (c)(1) of this section and paragraph (1) of this
subsection, respectively, including--
(A) the number of times that an agency, under subsection
(c)(1) of such section 6329b--
(i) consulted with the investigator responsible for
conducting the investigation to which an employee was
subject with respect to the decision of the agency to grant
an extension under that subsection; and
(ii) did not have a consultation described in clause
(i), including the reasons that the agency failed to have
such a consultation;
(B) an assessment of the use of the authority provided
under subsection (d) of such section 6329b by agencies,
including data regarding the number and length of extensions
granted under that subsection;
(C) an assessment of the compliance with the requirements
of subsection (f) of such section 6329b by agencies;
(D) a review of the practice of agency placement of an
employee in investigative or notice leave under subsection (b)
of such section 6329b because of a determination under
subsection (b)(2)(A)(iv) of that section that the employee
jeopardized legitimate Government interests, including the
extent to which such determinations were supported by evidence;
and
(E) an assessment of the effectiveness of subsection (g) of
such section 6329b in preventing and correcting the use of
extended investigative leave as a tool of reprisal for making a
protected disclosure or engaging in protected activity as
described in paragraph (8) or (9) of section 2302(b) of title
5, United States Code.
(3) Telework.--Section 6502 of title 5, United States Code, is
amended by adding at the end the following:
``(c) Required Telework.--If an agency places an employee in
investigative leave under section 6329b, the agency may require the
employee to, through telework, perform duties similar to the duties
that the employee performs on-site if--
``(1) the agency determines that such a requirement would not--
``(A) pose a threat to the employee or others;
``(B) result in the destruction of evidence relevant to an
investigation;
``(C) result in the loss of or damage to Government
property; or
``(D) otherwise jeopardize legitimate Government interests;
``(2) the employee is eligible to telework under subsections
(a) and (b) of this section; and
``(3) the agency determines that it would be appropriate for
the employee to perform the duties of the employee through
telework.''.
(4) Technical and conforming amendment.--The table of sections
for subchapter II of chapter 63 of title 5, United States Code, is
amended by inserting after the item relating to section 6329a, as
added by this section, the following:

``6329b. Investigative leave and notice leave.''.

(e) Weather and Safety Leave.--
(1) In general.--Subchapter II of chapter 63 of title 5, United
States Code, as amended by this section, is further amended by
adding at the end the following:
``Sec. 6329c. Weather and safety leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in section 105
of this title);
``(B) includes the Department of Veterans Affairs; and
``(C) does not include the Government Accountability
Office; and
``(2) the term `employee'--
``(A) has the meaning given the term in section 2105; and
``(B) does not include an intermittent employee who does
not have an established regular tour of duty during the
administrative workweek.
``(b) Leave for Weather and Safety Issues.--An agency may approve
the provision of leave under this section to an employee or a group of
employees without loss of or reduction in the pay of the employee or
employees, leave to which the employee or employees are otherwise
entitled, or credit to the employee or employees for time or service
only if the employee or group of employees is prevented from safely
traveling to or performing work at an approved location due to--
``(1) an act of God;
``(2) a terrorist attack; or
``(3) another condition that prevents the employee or group of
employees from safely traveling to or performing work at an
approved location.
``(c) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``(d) Regulations.--Not later than 270 days after the date of
enactment of this section, the Director of the Office of Personnel
Management shall prescribe regulations to carry out this section,
including--
``(1) guidance to agencies regarding the appropriate purposes
for providing leave under this section; and
``(2) the proper recording of leave provided under this
section.
``(e) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(2) Technical and conforming amendment.--The table of sections
for subchapter II of chapter 63 of title 5, United States Code, is
amended by inserting after the item relating to section 6329b, as
added by this section, the following:

``6329c. Weather and safety leave.''.
SEC. 1139. DIRECT HIRING FOR FEDERAL WAGE SCHEDULE EMPLOYEES.
The Director of the Office of Personnel Management shall permit an
agency with delegated examining authority under 1104(a)(2) of title 5,
United States Code, to use direct-hire authority under section
3304(a)(3) of such title for a permanent or non-permanent position or
group of positions in the competitive services at GS-15 (or equivalent)
and below, or for prevailing rate employees, if the Director determines
that there is either a severe shortage of candidates or a critical
hiring need for such positions.
SEC. 1140. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN SEPARATED
EMPLOYEE'S OFFICIAL PERSONNEL FILE.
(a) In General.--Subchapter I of chapter 33 of title 5, United
States Code, is amended by inserting after section 3321 the following:
``Sec. 3322. Voluntary separation before resolution of personnel
investigation
``(a) With respect to any employee occupying a position in the
competitive service or the excepted service who is the subject of a
personnel investigation and resigns from Government employment prior to
the resolution of such investigation, the head of the agency from which
such employee so resigns shall, if an adverse finding was made with
respect to such employee pursuant to such investigation, make a
permanent notation in the employee's official personnel record file.
The head shall make such notation not later than 40 days after the date
of the resolution of such investigation.
``(b) Prior to making a permanent notation in an employee's
official personnel record file under subsection (a), the head of the
agency shall--
``(1) notify the employee in writing within 5 days of the
resolution of the investigation and provide such employee a copy of
the adverse finding and any supporting documentation;
``(2) provide the employee with a reasonable time, but not less
than 30 days, to respond in writing and to furnish affidavits and
other documentary evidence to show why the adverse finding was
unfounded (a summary of which shall be included in any notation
made to the employee's personnel file under subsection (d)); and
``(3) provide a written decision and the specific reasons
therefore to the employee at the earliest practicable date.
``(c) An employee is entitled to appeal the decision of the head of
the agency to make a permanent notation under subsection (a) to the
Merit Systems Protection Board under section 7701.
``(d)(1) If an employee files an appeal with the Merit Systems
Protection Board pursuant to subsection (c), the agency head shall make
a notation in the employee's official personnel record file indicating
that an appeal disputing the notation is pending not later than 2 weeks
after the date on which such appeal was filed.
``(2) If the head of the agency is the prevailing party on appeal,
not later than 2 weeks after the date that the Board issues the appeal
decision, the head of the agency shall remove the notation made under
paragraph (1) from the employee's official personnel record file.
``(3) If the employee is the prevailing party on appeal, not later
than 2 weeks after the date that the Board issues the appeal decision,
the head of the agency shall remove the notation made under paragraph
(1) and the notation of an adverse finding made under subsection (a)
from the employee's official personnel record file.
``(e) In this section, the term `personnel investigation'
includes--
``(1) an investigation by an Inspector General; and
``(2) an adverse personnel action as a result of performance,
misconduct, or for such cause as will promote the efficiency of the
service under chapter 43 or chapter 75.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any employee described in section 3322 of title 5, United States
Code, (as added by such subsection) who leaves the service after the
date of enactment of this Act.
(c) Clerical Amendment.--The table of sections of subchapter I of
chapter 33 of title 5, United States Code, is amended by inserting
after the item relating to section 3321 the following:

``3322. Voluntary separation before resolution of personnel
investigation.''.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Subtitle B--Matters Relating to Afghanistan and Pakistan

Subtitle C--Matters Relating to Syria, Iraq, and Iran

Subtitle D--Matters Relating to the Russian Federation

Subtitle E--Reform of Department of Defense Security Cooperation

Subtitle F--Human Rights Sanctions

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Authorization of imposition of sanctions.
Sec. 1264. Reports to Congress.
Sec. 1265. Sunset.

Subtitle G--Miscellaneous Reports

Subtitle H--Other Matters

Subtitle A--Assistance and Training

SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COALITION
FORCES SUPPORTING CERTAIN UNITED STATES MILITARY OPERATIONS.
Section 1234 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 394), as most recently amended
by section 1201 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1035), is further amended--
(1) in subsection (a), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017'';
(2) in subsection (d), by striking ``during the period
beginning on October 1, 2015, and ending on December 31, 2016'' and
inserting ``during the period beginning on October 1, 2016, and
ending on December 31, 2017''; and
(3) in subsection (e)(1), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
SEC. 1202. SPECIAL DEFENSE ACQUISITION FUND MATTERS.
(a) Increase in Size.--Effective as of October 1, 2016, paragraph
(1) of section 114(c) of title 10, United States Code, is amended by
striking ``$1,070,000,000'' and inserting ``$2,500,000,000''.
(b) Limited Availability of Certain Amounts.--Such section is
further amended--
(1) in paragraph (2)(A), by striking ``limitation in paragraph
(1)'' and inserting ``limitations in paragraphs (1) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Of the amount available in the Special Defense Acquisition
Fund in any fiscal year after fiscal year 2016, $500,000,000 may be
used in such fiscal year only to procure and stock precision guided
munitions that may be required by partner and allied forces to enhance
the effectiveness of current or future contributions of such forces to
overseas contingency operations conducted or supported by the United
States.''.
(c) Reports.--
(1) Initial plan on use of authority.--Before exercising
authority for use of amounts in the Special Defense Acquisition
Fund in excess of the size of that Fund as of September 30, 2016,
by reason of the amendments made by this section, the Secretary of
Defense shall, with the concurrence of the Secretary of State,
submit to the appropriate committees of Congress a report on the
plan for the use of such amounts.
(2) Quarterly spending plan.--Not later than 30 days before the
beginning of each fiscal year quarter, the Secretary of Defense
shall, with the concurrence of the Secretary of State, submit to
the appropriate committees of Congress a detailed plan for the use
of amounts in the Special Defense Acquisition Fund for such fiscal
year quarter.
(3) Annual updates.--Not later than 90 days after the end of
each fiscal year, the Secretary of Defense shall, with the
concurrence of the Secretary of State, submit to the appropriate
committees of Congress a report setting forth the inventory of
defense articles and services acquired, possessed, and transferred
through the Special Defense Acquisition Fund in such fiscal year.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has the
meaning given that term in section 301(1) of title 10, United
States Code (as added by section 1241(a)(3) of this Act).
SEC. 1203. CODIFICATION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS
TO COMBAT TERRORISM.
(a) Codification of Authority.--
(1) In general.--Chapter 3 of title 10, United States Code, is
amended by inserting before section 128 the following new section:
``Sec. 127e. 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) Procedures.--The authority in this section shall be exercised
in accordance with such procedures as the Secretary shall establish for
purposes of this section. The Secretary shall notify the congressional
defense committees of any material modification of such procedures.
``(d) Notification.--
``(1) In general.--Not later than 15 days before exercising the
authority in this section to make funds available to initiate
support of an approved military operation or changing the scope or
funding level of any support for such an operation by $1,000,000 or
an amount equal to 20 percent of such funding level (whichever is
less), or not later than 48 hours after exercising such authority
if the Secretary determines that extraordinary circumstances that
impact the national security of the United States exist, the
Secretary shall notify the congressional defense committees of the
use of such authority with respect to that operation. Any such
notification shall be in writing.
``(2) Elements.--A notification required by this subsection
shall include the following:
``(A) The type of support provided or to be provided to
United States special operations forces.
``(B) The type of support provided or to be provided to the
recipient of the funds.
``(C) The amount obligated under the authority to provide
support.
``(e) Limitation on Delegation.--The authority of the Secretary to
make funds available under this section for support of a military
operation may not be delegated.
``(f) Intelligence Activities.--This section does not constitute
authority to conduct a covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(g) Biannual Reports.--
``(1) Report on preceding calendar year.--Not later than March
1 each year, the Secretary shall submit to the congressional
defense committees a report on the support provided under this
section during the preceding calendar year.
``(2) Report on current calendar year.--Not later than
September 1 each year, the Secretary shall submit to the
congressional defense committees a report on the support provided
under this section during the first half of the calendar year in
which the report is submitted.
``(3) Elements.--Each report required by this subsection shall
include, for the period covered by such report, the following:
``(A) A summary of the ongoing military operations by
United States special operations forces to combat terrorism
that were supported or facilitated by foreign forces, irregular
forces, groups, or individuals for which support was provided
under this section.
``(B) A description of the support or facilitation provided
by such foreign forces, irregular forces, groups, or
individuals to United States special operations forces.
``(C) The type of recipients that were provided support
under this section, identified by authorized category (foreign
forces, irregular forces, groups, or individuals).
``(D) The total amount obligated for support under this
section, including budget details.
``(E) The total amount obligated in prior fiscal years
under this section and applicable preceding authority.
``(F) The intended duration of support provided under this
section.
``(G) A description of the support or training provided to
the recipients of support under this section.
``(H) A value assessment of the support provided under this
section, including a summary of significant activities
undertaken by foreign forces, irregular forces, groups, or
individuals to support operations by United States special
operations forces to combat terrorism.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 3 of such title is amended by inserting before the item
relating to section 128 the following new item:

``127e. Support of special operations to combat terrorism.''.

(b) Repeal of Superseded Authority.--Section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375) is repealed.
SEC. 1204. INDEPENDENT EVALUATION OF STRATEGIC FRAMEWORK FOR DEPARTMENT
OF DEFENSE SECURITY COOPERATION.
(a) Evaluation Required.--
(1) In general.--The Secretary of Defense shall enter into an
agreement with a federally funded research and development center,
or another appropriate independent entity, with expertise in
security cooperation to conduct an evaluation of the implementation
of the strategic framework for Department of Defense security
cooperation, as directed by section 1202 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1036; 10 U.S.C. 113 note).
(2) Elements.--The evaluation under paragraph (1) shall include
the following:
(A) An evaluation of the Department of Defense's
implementation of each of the required elements of the
strategic framework.
(B) An evaluation of the impact of the strategic framework
on Department of Defense security cooperation activities,
including the extent to which such activities are being
planned, prioritized, and executed in accordance with the
strategic framework.
(C) Recommendations of areas in which additional guidance,
or additional specificity within existing guidance, is
necessary to achieve greater alignment between Department of
Defense security cooperation activities and the strategic goals
and priorities identified within the strategic framework.
(D) Any other matters the entity that conducts the
evaluation considers appropriate.
(b) Report Required.--
(1) In general.--Not later than November 1, 2018, the Secretary
of Defense shall submit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a report that
includes the evaluation under subsection (a) and any other matters
the Secretary considers appropriate.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1205. SENSE OF CONGRESS REGARDING AN ASSESSMENT, MONITORING, AND
EVALUATION FRAMEWORK FOR SECURITY COOPERATION.
It is the sense of Congress that--
(1) the Secretary of Defense should develop and maintain an
assessment, monitoring, and evaluation framework for security
cooperation with foreign countries to ensure accountability and
foster implementation of best practices; and
(2) such framework--
(A) should be consistent with interagency approaches and
existing best practices;
(B) should be sufficiently resourced and appropriately
placed within the Department of Defense to enable the rigorous
examination and measurement of security cooperation efforts
towards meeting stated objectives and outcomes; and
(C) should be used to inform security cooperation planning,
policies, and resource decisions as well as ensure the
effectiveness and efficiency of security cooperation efforts.

Subtitle B--Matters Relating to Afghanistan and Pakistan

SEC. 1211. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM.
(a) Extension.--Section 1201 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as most
recently amended by section 1211 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1042), is
further amended--
(1) in subsection (a)--
(A) by striking ``During fiscal year 2016'' and inserting
``During the period beginning on October 1, 2016, and ending on
December 31, 2018''; and
(B) by striking ``in such fiscal year'' and inserting ``in
such period'';
(2) in subsection (b), by striking ``fiscal year 2016'' and
inserting ``fiscal year 2017 and fiscal year 2018''; and
(3) in subsection (f), by striking ``in fiscal year 2016'' and
inserting ``during the period beginning on October 1, 2016, and
ending on December 31, 2018''.
(b) Authority for Certain Payments To Redress Injury and Loss in
Afghanistan, Iraq, and Syria.--
(1) In general.--During the period beginning on October 1,
2016, and ending on December 31, 2018, amounts available pursuant
to section 1201 of the National Defense Authorization Act for
Fiscal Year 2012, as amended by this section, shall also be
available for ex gratia payments for damage, personal injury, or
death that is incident to combat operations of the Armed Forces in
Afghanistan, Iraq, or Syria.
(2) Notice.--The Secretary of Defense shall, upon each exercise
of the authority in this subsection, submit to the congressional
defense committees a report setting forth the following:
(A) The amount that will be used for payments pursuant to
this subsection.
(B) The manner in which claims for payments shall be
verified.
(C) The officers or officials who shall be authorized to
approve claims for payments.
(D) The manner in which payments shall be made.
(3) Authorities applicable to payment.--Any payment made
pursuant to this subsection shall be made in accordance with the
authorities and limitations in section 8121 of the Department of
Defense Appropriations Act, 2015 (division C of Public Law 113-
235), other than subsection (h) of such section.
(4) Construction with restriction on amount of payments.--For
purposes of the application of subsection (e) of such section 1201,
as so amended, to any payment pursuant to this subsection, such
payment shall be deemed to be a project described by such
subsection (e).
SEC. 1212. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES
PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2399), as most recently amended
by section 1214 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1045), is further amended by
striking ``December 31, 2016'' and inserting ``December 31, 2018''.
SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO TRANSFER DEFENSE
ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY
FORCES OF AFGHANISTAN.
(a) Expiration.--Subsection (h) of section 1222 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1992), as most recently amended by section 1215 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1045), is further amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
(b) Conversion of Quarterly Reports Into Annual Reports.--Effective
on January 1, 2017, subsection (f) of such section 1222, as so amended,
is further amended--
(1) in the subsection heading, by striking ``Quarterly'' and
inserting ``Annual''; and
(2) in paragraph (1)--
(A) by striking ``Not later than 90 days'' and all that
follows through ``in which the authority in subsection (a) is
exercised'' and inserting ``Not later than March 31 of any year
following a year in which the authority in subsection (a) is
exercised''; and
(B) by striking ``during the 90-day period ending on the
date of such report'' and inserting ``during the preceding
year''.
(c) Excess Defense Articles.--Subsection (i)(2) of such section
1222, as so amended, is further amended by striking ``During fiscal
years 2013, 2014, 2015, and 2016'' each place it appears and inserting
``Through December 31, 2017,''.
SEC. 1214. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.
(a) Aliens Described.--Section 602(b)(2)(A)(ii)(I) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended to read
as follows:

``(I)(aa) by, or on behalf of, the United States
Government, in the case of an alien submitting an
application for Chief of Mission approval pursuant to
subparagraph (D) before the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2017; or
``(bb) by, or on behalf of, the United States
Government, in the case of an alien submitting an
application for Chief of Mission approval pursuant to
subparagraph (D) on or after the date of the enactment
of the National Defense Authorization Act for Fiscal
Year 2017, which employment required the alien--

``(AA) to serve as an interpreter or translator
for personnel of the Department of State or the
United States Agency for International Development
in Afghanistan, particularly while traveling away
from United States embassies or consulates with
such personnel;
``(BB) to serve as an interpreter or translator
for United States military personnel in
Afghanistan, particularly while traveling off-base
with such personnel; or
``(CC) to perform sensitive and trusted
activities for the United States Government in
Afghanistan; or''.
(b) Numerical Limitations.--Section 602(b)(3)(F) of such Act is
amended--
(1) in the matter preceding clause (i), by striking ``7,000''
and inserting ``8,500''; and
(2) in each of clauses (i) and (ii), by striking ``December 31,
2016;'' and inserting ``December 31, 2020''.
(c) Report.--Section 602(b)(14) of such Act is amended--
(1) by striking ``Not later than 60 days after the date of the
enactment of this paragraph,'' and inserting ``Not later than
December 31, 2016, and annually thereafter through January 31,
2021,''; and
(2) in subparagraph (A)(i), by striking ``under this section;''
and inserting ``under subclause (I) or (II)(bb) of paragraph
(2)(A)(ii);''.
SEC. 1215. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING SECURITY AND
STABILITY IN AFGHANISTAN.
(a) Reports Required.--Subsection (a)(2) of section 1225 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3550) is
amended by striking ``December 15, 2017'' and inserting ``December 15,
2019''.
(b) Matters To Be Included.--Subsection (b) of such section is
amended by adding at the end the following:
``(8) Afghan personnel and pay system.--A description of the
status of the implementation of the Afghan Personnel and Pay System
(APPS) at the Afghan Ministry of Interior and the Afghan Ministry
of Defense for personnel funds provided through the Afghanistan
Security Forces Fund, including, with respect to each such
Ministry--
``(A) the expected completion date for full implementation
of the APPS;
``(B) the extent to which the APPS is being utilized;
``(C) an explanation of any challenges or delays affecting
full implementation of the APPS;
``(D) a description of the steps taken to mitigate fraud,
waste, and abuse in the disbursement of personnel funds prior
to full implementation of the APPS; and
``(E) an estimate of cost savings by reason of full
implementation of the APPS.''.
SEC. 1216. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS AND
PROJECTS OF THE DEPARTMENT OF DEFENSE IN AFGHANISTAN THAT CANNOT BE
SAFELY ACCESSED BY UNITED STATES GOVERNMENT PERSONNEL.
(a) Prohibition.--
(1) In general.--Amounts available to the Department of Defense
may not be obligated or expended for a construction or other
infrastructure program or project of the Department in Afghanistan
if military or civilian personnel of the United States Government
or their representatives with authority to conduct oversight of
such program or project cannot safely access such program or
project.
(2) Applicability.--Paragraph (1) shall apply only with respect
to a program or project that is initiated on or after the date of
the enactment of this Act.
(b) Waiver.--
(1) In general.--The prohibition in subsection (a) may be
waived with respect to a program or project otherwise covered by
that subsection if a determination described in paragraph (2) is
made as follows:
(A) In the case of a program or project with an estimated
lifecycle cost of less than $1,000,000, by the contracting
officer assigned to oversee the program or project.
(B) In the case of a program or project with an estimated
lifecycle cost of $1,000,000 or more, but less than
$20,000,000, by the Commander of the Combined Security
Transition Command-Afghanistan.
(C) In the case of a program or project with an estimated
lifecycle cost of $20,000,000 or more, but less than
$40,000,000, by the Commander of United States Forces-
Afghanistan.
(D) In the case of a program or project with an estimated
lifecycle cost of $40,000,000 or more, by the Secretary of
Defense.
(2) Determination.--A determination described in this paragraph
with respect to a program or project is a determination of each of
the following:
(A) That the program or project clearly contributes to
United States national interests or strategic objectives.
(B) That the Government of Afghanistan has requested or
expressed a need for the program or project.
(C) That the program or project has been coordinated with
the Government of Afghanistan, and with any other implementing
agencies or international donors.
(D) That security conditions permit effective
implementation and oversight of the program or project.
(E) That the program or project includes safeguards to
detect, deter, and mitigate corruption and waste, fraud, and
abuse of funds.
(F) That adequate arrangements have been made for the
sustainment of the program or project following its completion,
including arrangements with respect to funding and technical
capacity for sustainment.
(G) That meaningful metrics have been established to
measure the progress and effectiveness of the program or
project in meeting its objectives.
(3) Notice on certain waivers.--In the event a waiver is issued
under paragraph (1) for a program or project described in
subparagraph (D) of that paragraph, the Secretary of Defense shall
notify Congress of the waiver not later than 15 days after the
issuance of the waiver.
SEC. 1217. IMPROVEMENT OF OVERSIGHT OF UNITED STATES GOVERNMENT EFFORTS
IN AFGHANISTAN.
(a) Report on IG Oversight Activities in Afghanistan During Fiscal
Year 2017.--Not later than 60 days after the date of the enactment of
this Act, the Lead Inspector General for Operation Freedom's Sentinel,
as designated pursuant to section 8L of the Inspector General Act of
1978 (5 U.S.C. App.), shall, in coordination with the Inspector General
of the Department of State, the Inspector General of the United States
Agency for International Development, and the Special Inspector General
for Afghanistan Reconstruction, submit to the appropriate committees of
Congress a report on the oversight activities of United States
Inspectors General in Afghanistan planned for fiscal year 2017.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the requirements, responsibilities, and
focus areas of each Inspector General of the United States planning
to conduct oversight activities in Afghanistan during fiscal year
2017.
(2) A comprehensive list of the funding to be used for the
oversight activities described in paragraph (1).
(3) A list of the oversight activities and products anticipated
to be produced by each Inspector General of the United States in
connection with oversight activities in Afghanistan during fiscal
year 2017.
(4) An identification of any anticipated overlap among the
planned oversight activities of Inspectors General of the United
States in Afghanistan during fiscal year 2017, and a justification
for such overlap.
(5) A description of the processes by which the Inspectors
General of the United States coordinate and reduce redundancies in
requests for information to United States Government officials
executing funds in Afghanistan.
(6) A description of the specific professional standards
expected to be used to ensure the quality of different types of
products issued by the Inspectors General regarding Afghanistan,
including periodic reports to Congress and audits of Federal
establishments, organizations, programs, activities, and functions.
(7) Any other matters the Lead Inspector General for Operation
Freedom's Sentinel considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Homeland Security and Governmental
Affairs, and the Committee Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, the Committee on Homeland Security, and the Committee
Appropriations of the House of Representatives.
SEC. 1218. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as most recently amended by section 1212 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1043), is further amended by striking ``fiscal year 2016'' and
inserting ``the period beginning on October 1, 2016, and ending on
December 31, 2017,''.
(b) Modification of Authorities.--Such section, as so amended, is
further amended--
(1) in subsection (a), by striking ``the Secretary of Defense
may reimburse any key cooperating nation'' and all that follows and
inserting ``the Secretary of Defense may reimburse--
``(1) any key cooperating nation (other than Pakistan) for--
``(A) logistical and military support provided by that
nation to or in connection with United States military
operations in Afghanistan, Iraq, or Syria; and
``(B) logistical, military, and other support, including
access, provided by that nation to or in connection with United
States military operations described in subparagraph (A); and
``(2) Pakistan for certain activities meant to enhance the
security situation in the Afghanistan-Pakistan border region and
for counterterrorism.''; and
(2) in subsection (b), by striking ``in Iraq or in Operation
Enduring Freedom in Afghanistan'' and inserting ``in Afghanistan,
Iraq, or Syria''.
(c) Limitation on Amounts Available.--Subsection (d)(1) of such
section, as so amended, is further amended--
(1) in the second sentence, by striking ``during fiscal year
2016 may not exceed $1,160,000,000'' and inserting ``during the
period beginning on October 1, 2016, and ending on December 31,
2017, may not exceed $1,100,000,000'';
(2) in the third sentence, by striking ``fiscal year 2016'' and
inserting ``the period beginning on October 1, 2016, and ending on
December 31, 2017,''; and
(3) by striking the first sentence.
(d) Reimbursement of Pakistan for Security Enhancement
Activities.--Such section, as so amended, is further amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Reimbursement of Pakistan for Security Enhancement
Activities.--
``(1) Activities.--Reimbursement authorized by subsection
(a)(2) may be provided for activities as follows:
``(A) Counterterrorism activities, including the following:
``(i) Eliminating infrastructure, training areas, and
sanctuaries used by terrorist groups, and preventing the
establishment of new or additional infrastructure, training
areas, and sanctuaries.
``(ii) Direct action against individuals that are
involved in or supporting terrorist activities.
``(iii) Any other activity recognized by the Secretary
of Defense as a counterterrorism activity for purposes of
subsection (a)(2).
``(B) Border security activities along the Afghanistan-
Pakistan border, including the following:
``(i) Building and maintaining border outposts.
``(ii) Strengthening cooperative efforts between the
Pakistan military and the Afghan National Defense and
Security Forces, including border security cooperation.
``(iii) Maintaining access to and securing key ground
lines of communication.
``(iv) Providing training and equipment for the
Pakistan Frontier Corps Khyber Pakhtunkhwa.
``(v) Improving interoperability between the Pakistan
military and the Pakistan Frontier Corps Khyber
Pakhtunkhwa.
``(C) Any activities carried out by the Pakistan military
that the Secretary of Defense determines and reports to the
appropriate congressional committees have enhanced the security
of United States personnel stationed in Afghanistan or enhanced
the effectiveness of United States military personnel in
conducting counterterrorism operations and training, advising,
and assisting the Afghan National Defense and Security Forces.
``(2) Report.--Not later than December 31, 2017, the Secretary
of Defense shall submit to the appropriate congressional committees
a report on the expenditure of funds under the authority in
subsection (a)(2), including a description of the following:
``(A) The purpose for which such funds were expended.
``(B) Each organization on whose behalf such funds were
expended, including the amount expended on such organization
and the number of members of such organization supported by
such amount.
``(C) Any limitation imposed on the expenditure of funds
under subsection (a)(2), including on any recipient of funds or
any use of funds expended.
``(3) Information on claims disallowed or deferred by the
united states.--
``(A) In general.--The Secretary of Defense shall submit to
the appropriate congressional committees, in the manner
specified in subparagraph (B), an itemized description of the
costs claimed by the Government of Pakistan for activities
specified in paragraph (1) provided by Government of Pakistan
to the United States for which the United States will disallow
or defer reimbursement to the Government of Pakistan under the
authority in subsection (a)(2).
``(B) Manner of submittal.--
``(i) In general.--To the maximum extent practicable,
the Secretary shall submit each itemized description of
costs required by subparagraph (A) not later than 180 days
after the date on which a decision to disallow or defer
reimbursement for the costs claimed is made.
``(ii) Form.--Each itemized description of costs under
clause (i) shall be submitted in an unclassified form, but
may include a classified annex.''.
(e) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat.
393), as most recently amended by section 1212(c) of the National
Defense Authorization Act for Fiscal Year 2016 (129 Stat. 1043), is
further amended by striking ``September 30, 2016'' and inserting
``December 31, 2017''.
(f) Extension of Limitation on Reimbursement of Pakistan Pending
Certification on Pakistan.--Section 1227(d)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
2001), as most recently amended by section 1212(d) of the National
Defense Authorization Act for Fiscal Year 2016 (129 Stat. 1043), is
further amended by striking ``for fiscal year 2016 or any prior fiscal
year'' and inserting ``for any period prior to December 31, 2017''.
(g) Additional Limitation on Reimbursement of Pakistan Pending
Certification on Pakistan.--Of the total amount of reimbursements and
support authorized for Pakistan during the period beginning on October
1, 2016, and ending on December 31, 2017, pursuant to the third
sentence of section 1233(d)(1) of the National Defense Authorization
Act for Fiscal Year 2008 (as amended by subsection (b)(2)),
$400,000,000 shall not be eligible for the waiver under section
1227(d)(2) of the National Defense Authorization Act for Fiscal Year
2013 (126 Stat. 2001) unless the Secretary of Defense certifies to the
congressional defense committees that--
(1) Pakistan continues to conduct military operations that are
contributing to significantly disrupting the safe haven and freedom
of movement of the Haqqani Network in Pakistan;
(2) Pakistan has taken steps to demonstrate its commitment to
prevent the Haqqani Network from using any Pakistani territory as a
safe haven;
(3) the Government of Pakistan actively coordinates with the
Government of Afghanistan to restrict the movement of militants,
such as the Haqqani Network, along the Afghanistan-Pakistan border;
and
(4) Pakistan has shown progress in arresting and prosecuting
Haqqani Network senior leaders and mid-level operatives.

Subtitle C--Matters Relating to Syria, Iraq, and Iran

SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE
ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.
(a) In General.--Subsection (a) of section 1209 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3541) is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2018''.
(b) Reprogramming Requirement.--Subsection (f) of such section, as
amended by section 1225(e) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1055), is further
amended in paragraph (1) by striking ``December 31, 2016'' and
inserting ``December 31, 2018''.
SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND THE LEVANT.
(a) Authority.--Subsection (a) of section 1236 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2018''.
(b) Funding.--Subsection (g) of such section, as amended by section
1223 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1049), is further amended--
(1) by striking the first sentence and inserting the following:
``Of the amounts authorized to be appropriated in the National
Defense Authorization Act for Fiscal Year 2017 for Overseas
Contingency Operations in title XV for fiscal year 2017, there are
authorized to be appropriated $630,000,000 to carry out this
section.''; and
(2) by striking the second sentence.
(c) Additional Assessment on Certain Actions by Government of
Iraq.--Subsection (l) of such section, as added by section 1223(e) of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1050), is amended in paragraph (1)(A) by striking
``National Defense Authorization Act for Fiscal Year 2016'' and
inserting ``National Defense Authorization Act for Fiscal Year 2017,
and annually thereafter''.
(d) Prohibition on Assistance and Report on Equipment or Supplies
Transferred to or Acquired by Violent Extremist Organizations.--
Subsection (f) of section 1223 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1050) is
amended--
(1) in paragraph (1)--
(A) by striking ``, as so amended,''; and
(B) by inserting ``(and annually thereafter until December
31, 2018)'' after ``certifies to the appropriate congressional
committees, after the date of the enactment of this Act''; and
(2) in paragraph (2), by striking ``, as so amended,''.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN
IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section 1215 of
the National Defense Authorization Act for Fiscal Year 2012 (Public Law
112-81; 125 Stat. 1631; 10 U.S.C. 113 note), as most recently amended
by section 1221 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1047), is further amended by
striking ``fiscal year 2016'' and inserting ``fiscal year 2017''.
(b) Limitation on Amount.--Subsection (c) of such section is
amended--
(1) by striking ``fiscal year 2016'' and inserting ``fiscal
year 2017''; and
(2) by striking ``$80,000,000'' and inserting ``$70,000,000''.
(c) Source of Funds.--Subsection (d) of such section is amended by
striking ``fiscal year 2016'' and inserting ``fiscal year 2017''.
SEC. 1224. LIMITATION ON PROVISION OF MAN-PORTABLE AIR DEFENSE SYSTEMS
TO THE VETTED SYRIAN OPPOSITION DURING FISCAL YEAR 2017.
(a) Notice and Wait.--If a determination is made during fiscal year
2017 to use funds available to the Department of Defense for that
fiscal year to provide man-portable air defense systems (MANPADs) to
the vetted Syrian opposition pursuant to the authority in section 1209
of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3541), such funds may not be used for that purpose until--
(1) the Secretary of Defense and the Secretary of State jointly
submit to the appropriate congressional committees a report on the
determination; and
(2) 30 days elapses after the date of the submittal of such
report to the appropriate congressional committees.
(b) Elements.--The report under subsection (a) shall set forth the
following:
(1) A description of each element of the vetted Syrian
opposition that will provided man-portable air defense systems as
described in subsection (a), including--
(A) the geographic location of such element;
(B) a detailed intelligence assessment of such element;
(C) a description of the alignment of such element within
the broader conflict in Syria; and
(D) a description and assessment of the assurance, if any,
received by the commander of such element in connection with
the provision of man-portable air defense systems.
(2) The number and type of man-portable air defense systems to
be so provided.
(3) The logistics plan for providing and resupplying each
element to be so provided man-portable air defense systems with
additional man-portable air defense systems.
(4) The duration of support to be provided in connection with
the provision of man-portable air defense systems.
(5) The justification for the provision of man-portable air
defense systems to each element of the vetted Syrian opposition,
including an explanation of the purpose and expected employment of
such systems.
(6) Any other matters that the Secretary of Defense and the
Secretary of State jointly consider appropriate.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' has the meaning given
that term in section 1209(e)(2) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015.
SEC. 1225. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER OF IRAN.
(a) In General.--Section 1245(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is amended
by striking subparagraph (F) and inserting the following new
subparagraph (F):
``(F) Iran's cyber capabilities, including--
``(i) Iran's ability to use proxies and other actors to
mask its cyber operations;
``(ii) Iran's ability to target United States
governmental and nongovernmental entities and activities;
and
``(iii) cooperation with or assistance from state and
non-state actors in support or enhancement of Iran's cyber
capabilities;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2018, and shall apply with respect to reports
required to be submitted under section 1245 of the National Defense
Authorization Act for Fiscal Year 2010 on or after that date.
SEC. 1226. QUARTERLY REPORT ON CONFIRMED BALLISTIC MISSILE LAUNCHES
FROM IRAN.
(a) Quarterly Report on Confirmed Launches.--Not later than the
last day of the first fiscal year quarter beginning after the date of
the enactment of this Act, and every 90 days thereafter, the Director
of National Intelligence shall submit to the appropriate committees of
Congress a report describing any confirmed ballistic missile launch by
Iran during the previous calendar quarter.
(b) Quarterly Report on Imposition of Sanctions in Connection With
Launches.--Not later than the last day of the second fiscal year
quarter beginning after the date of the enactment of this Act, and
every 90 days thereafter, the Secretary of State and the Secretary of
Treasury shall jointly submit to the appropriate committees of Congress
a report setting forth a description of the following:
(1) The efforts, if any, to impose unilateral sanctions against
appropriate entities or individuals in connection with a confirmed
ballistic missile launch from Iran.
(2) The diplomatic efforts, if any, to impose multilateral
sanctions against appropriate entities or individuals in connection
with such a confirmed ballistic missile launch.
(3) Any other matters the Secretaries consider appropriate.
(c) Concurrent Submittal of Quarterly Reports.--The report on a
calendar quarter under subsection (a) shall be submitted concurrently
with the report on the calendar quarter under subsection (b).
(d) Form.--Each report under this section shall, to the extent
practicable, be submitted in unclassified form, but may include a
classified annex.
(e) Sunset.--No report is required under this section after
December 31, 2019.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Banking, Housing, and Urban Affairs,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, the Committee on Financial Services, and the Permanent
Select Committee on Intelligence of the House of Representatives.

Subtitle D--Matters Relating to the Russian Federation

SEC. 1231. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION VIOLATION OF
INF TREATY.
An amount equal to $10,000,000 of the amount authorized to be
appropriated or otherwise made available to the Department of Defense
for fiscal year 2017 to provide support services to the Executive
Office of the President shall be withheld from obligation or
expenditure until the Secretary of Defense completes the meaningful
development of the military capabilities described in paragraph (1) of
section 1243(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1062), as required to be
addressed in the plan under that paragraph, in accordance with the
requirements described in paragraph (3) of such section.
SEC. 1232. LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED STATES
AND THE RUSSIAN FEDERATION.
(a) Limitation.--None of the funds authorized to be appropriated
for fiscal year 2017 for the Department of Defense may be used for any
bilateral military-to-military cooperation between the Governments of
the United States and the Russian Federation until the Secretary of
Defense, in coordination with the Secretary of State, certifies to the
appropriate congressional committees that--
(1) the Russian Federation has ceased its occupation of
Ukrainian territory and its aggressive activities that threaten the
sovereignty and territorial integrity of Ukraine and members of the
North Atlantic Treaty Organization; and
(2) the Russian Federation is abiding by the terms of and
taking steps in support of the Minsk Protocols regarding a
ceasefire in eastern Ukraine.
(b) Nonapplicability.--The limitation in subsection (a) shall not
apply to--
(1) any activities necessary to ensure the compliance of the
United States with its obligations or the exercise of rights of the
United States under any bilateral or multilateral arms control or
nonproliferation agreement or any other treaty obligation of the
United States; and
(2) any activities required to provide logistical or other
support to the conduct of United States or North Atlantic Treaty
Organization military operations in Afghanistan or the withdrawal
from Afghanistan.
(c) Waiver.--The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary of Defense, in coordination with the
Secretary of State--
(1) determines that the waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees--
(A) a notification that the waiver is in the national
security interest of the United States and a description of the
national security interest covered by the waiver; and
(B) a report explaining why the Secretary of Defense cannot
make the certification under subsection (a).
(d) Exception for Certain Military Bases.--The certification
requirement specified in paragraph (1) of subsection (a) shall not
apply to military bases of the Russian Federation in Ukraine's Crimean
peninsula operating in accordance with its 1997 agreement on the Status
and Conditions of the Black Sea Fleet Stationing on the Territory of
Ukraine.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY ON TRAINING FOR
EASTERN EUROPEAN NATIONAL MILITARY FORCES IN THE COURSE OF MULTILATERAL
EXERCISES.
(a) Forces Eligible for Training.--Subsection (a) of section 1251
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1070; 10 U.S.C. 2282 note) is amended by striking
``national military forces'' and inserting ``national security
forces''.
(b) Additional Source of Funding.--Subsection (d)(2) of such
section is amended by adding at the end the following new subparagraph:
``(C) Amounts authorized to be appropriated for a fiscal
year for overseas contingency operations for operation and
maintenance, Army, and available for additional activities for
the European Deterrence Initiative for that fiscal year.''.
(c) One-Year Extension.--Subsection (h) of such section is
amended--
(1) by striking ``September 30, 2017'' and inserting
``September 30, 2018''; and
(2) by striking ``through 2017'' and inserting ``through
2018''.
(d) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 1251. TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY FORCES IN
THE COURSE OF MULTILATERAL EXERCISES.''.
SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF THE RUSSIAN FEDERATION OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2017 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the restriction on the obligation or
expenditure of funds required by subsection (a) if the Secretary--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the Committee on
Armed Services and the Committee on Foreign Affairs of the House of
Representatives a notification of the waiver at the time the waiver
is invoked.
SEC. 1235. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE RUSSIAN FEDERATION.
(a) Additional Matters To Be Included in Report.--Subsection (b) of
section 1245 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3566), as amended by section 1248 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1066), is further amended--
(1) by redesignating paragraphs (10) through (18) as paragraphs
(12) through (20), respectively;
(2) by inserting after paragraph (9) the following new
paragraphs:
``(10) In consultation with the Secretary of State, the
Secretary of the Treasury, and the Director of National
Intelligence, an assessment of Russia's diplomatic, economic, and
intelligence operations in Ukraine.
``(11) A summary of all Russian foreign military deployments,
as of the date that is one month before the date of submission of
the report, including for each deployment the estimated number of
forces deployed, the types of capabilities deployed (including any
advanced weapons), the length of deployment as of such date, and,
if known, any basing agreement with the host nation.'';
(3) by striking paragraph (14), as redesignated by paragraph
(1) of this subsection, and inserting the following new paragraph:
``(14) An analysis of the nuclear strategy and associated
doctrine of Russia and of the capabilities, range, and readiness of
all Russian nuclear systems and delivery methods.''; and
(4) in paragraph (18)(B), as redesignated by paragraph (1) of
this subsection, by striking ``day before the date of submission of
the report'' and inserting ``date that is one month before the date
of submission of the report''.
(b) Publishing Requirement.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Publishing Requirement.--Upon submission of the report
required under subsection (a) in both classified and unclassified form,
the Secretary of Defense shall publish the unclassified form on the
website of the Department of Defense.''.
(c) Sunset.--Subsection (g) of such section, as redesignated by
subsection (b)(1) of this section, is amended by striking ``June 1,
2018'' and inserting ``January 31, 2021''.
SEC. 1236. LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR OTHERWISE
ADOPT ANY IMPLEMENTING DECISION OF THE OPEN SKIES CONSULTATIVE
COMMISSION AND RELATED REQUIREMENTS.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available by this Act or any other Act for fiscal year
2017 or any subsequent fiscal year may be used to vote to approve or
otherwise adopt any implementing decision of the Open Skies
Consultative Commission pursuant to Article X of the Open Skies Treaty
to authorize approval of requests by state parties to the Treaty to
certify infra-red or synthetic aperture radar sensors pursuant to
Article IV of the Treaty unless and until the Secretary of Defense,
jointly with the relevant United States Government officials, submits
to the appropriate congressional committees the following:
(1) A certification that the implementing decision would not be
detrimental or otherwise harmful to the national security of the
United States.
(2) A report on the Open Skies Treaty that includes the
following:
(A) The annual costs to the United States associated with
countermeasures to combat potential abuses of observation
flights by the Russian Federation carried out under the Treaty
over European and United States territories involving infra-red
or synthetic aperture radar sensors.
(B) A plan, and its estimated comparative cost, to replace
the Treaty architecture with a more robust sharing of overhead
commercial imagery, consistent with United States national
security, with covered state parties, excluding the Russian
Federation.
(C) An evaluation by the Director of National Intelligence
of matters concerning how an observation flight described in
subparagraph (A) could implicate intelligence activities of the
Russian Federation in the United States and United States
counterintelligence activities and vulnerabilities.
(D) An assessment of how such information is used by the
Russian Federation, for what purpose, and how the information
fits into the Russian Federation's overall collection posture.
(b) Certification.--Not later than 90 days before the date on which
the United States votes to approve or otherwise adopt any implementing
decision of the Open Skies Consultative Commission as described in
subsection (a), the Secretary of State shall--
(1) submit to the appropriate congressional committees a
certification that--
(A) the Russian Federation--
(i) is not taking any actions that are inconsistent
with the terms of the Open Skies Treaty;
(ii) is not exceeding the imagery limits set forth in
the Treaty; and
(iii) is allowing observation flights by covered state
parties over all of Moscow, Chechnya, Kaliningrad and
within 10 kilometers of its border with Georgia's occupied
territories of Abkhazia and South Ossetia without
restriction and without inconsistency to requirements under
the Treaty; and
(B) covered state parties have been notified and briefed on
concerns of the intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003))
regarding infra-red or synthetic aperture radar sensors used
under the Open Skies Treaty; or
(2) if the Secretary of State is unable to make a certification
under paragraph (1), submit to the appropriate congressional
committees a report that contains the reasons why the Secretary
cannot make such certification and a justification why it is in the
national interest of the United States to vote to approve or
otherwise adopt such implementing decision.
(c) Quarterly Report.--
(1) In general.--The Secretary of Defense, jointly with the
Secretary of Energy, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and the Director
of National Intelligence, shall submit to the appropriate
congressional committees on a quarterly basis a report on all
observation flights by the Russian Federation over the United
States during the preceding calendar quarter.
(2) Contents.--The report required under paragraph (1) shall
include the following with respect to each such observation flight:
(A) A description of the flight path.
(B) An analysis of whether and the extent to which any
United States critical infrastructure was the subject of image
capture activities of such observation flight.
(C) An estimate for the mitigation costs imposed on the
Department of Defense or other United States Government
agencies by such observation flight.
(D) An assessment of how such information is used by the
Russian Federation, for what purpose, and how the information
fits into the Russian Federation's overall collection posture.
(3) Sunset.--The requirements of this subsection shall
terminate 5 years after the date of the enactment of this Act.
(d) Additional Limitation.--
(1) In general.--Not more than 65 percent of the funds
authorized to be appropriated or otherwise made available by this
Act or any other Act for fiscal year 2017 may be used to carry out
any activities to implement the Open Skies Treaty until the
requirements described in paragraph (2) are met.
(2) Requirements described.--The requirements described in this
paragraph are the following:
(A) The Director of National Intelligence and the Director
of the National Geospatial-Intelligence Agency jointly submit
to the appropriate congressional committees a report on the
following:
(i) Whether it is possible, consistent with United
States national security interests, to provide enhanced
access to United States commercial imagery or other United
States capabilities, consistent with the protection of
sources and methods and United States national security, to
covered state parties that is qualitatively similar to that
derived by observation flights over the territory of the
United States or over the territory of a covered state
party under the Open Skies Treaty, on a more timely basis.
(ii) What the cost would be to provide enhanced access
to such commercial imagery or other capabilities as
compared to the current imagery sharing through the Treaty.
(iii) Whether any new agreements would be needed to
provide enhanced access to such commercial imagery or other
capabilities and what would be required to obtain such
agreements.
(iv) Whether transitioning to such commercial imagery
or other capabilities from the current imagery sharing
through the Treaty would reduce opportunities by the
Russian Federation to exceed imagery limits and reduce
utility for Russian intelligence collection against the
United States or covered state parties.
(v) How such commercial imagery or other capabilities
would compare to the current imagery sharing through the
Treaty.
(B) The Secretary of State, in consultation with the
Director of the National Geospatial Intelligence Agency and the
Secretary of Defense, submits to the appropriate congressional
committees a report that--
(i) details the costs for implementation of the Open
Skies Treaty, including--

(I) mitigation costs relating to national security;
and
(II) aircraft, sensors, and related overhead and
implementation costs for covered state parties; and

(ii) describes the impact on contributions and
participation by covered state parties and relationships
among covered state parties in the context of the Open
Skies Treaty, the North Atlantic Treaty Organization, and
any other venues for United States partnership dialogue and
activity.
(e) Form.--Each certification, report, and notice required under
this section shall be submitted in unclassified form, but may contain a
classified annex if necessary.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Covered state party.--The term ``covered state party''
means a foreign country that--
(A) is a state party to the Open Skies Treaty; and
(B) is a United States ally.
(3) Infra-red or synthetic aperture radar sensor.--The term
``infra-red or synthetic aperture radar sensor'' means a sensor
that is classified as--
(A) an infra-red line-scanning device under category C of
paragraph 1 of Article IV of the Open Skies Treaty; or
(B) a sideways-looking synthetic aperture radar under
category D of paragraph 1 of Article IV of the Open Skies
Treaty.
(4) Observation flight.--The term ``observation flight'' has
the meaning given such term in Article II of the Open Skies Treaty.
(5) Open skies treaty; treaty.--The term ``Open Skies Treaty''
or ``Treaty'' means the Treaty on Open Skies, done at Helsinki
March 24, 1992, and entered into force January 1, 2002.
(6) Relevant united states government officials.--The term
``relevant United States Government officials'' means the
following:
(A) The Secretary of Energy.
(B) The Secretary of Homeland Security.
(C) The Director of the Federal Bureau of Investigation.
(D) The Director of National Intelligence.
(E) The Commander of U.S. Strategic Command and the
Commander of U.S. Northern Command in the case of an
observation flight over the territory of the United States.
(F) The Commander of U.S. European Command in the case of
an observation flight other than an observation flight
described in subparagraph (E).
(7) Sensor.--The term ``sensor'' has the meaning given such
term in Article II of the Open Skies Treaty.
SEC. 1237. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
(a) Funding.--Section 1250 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended--
(1) in subsection (a), by striking ``Of the amounts'' and all
that follows through ``shall be available to'' and inserting
``Amounts available for a fiscal year under subsection (f) shall be
available to'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Funding.--From amounts authorized to be appropriated for the
fiscal year concerned for the Department of Defense for overseas
contingency operations, up to the following shall be available for
purposes of subsection (a):
``(1) For fiscal year 2016, $300,000,000.
``(2) For fiscal year 2017, $350,000,000.''.
(b) Additional Authorized Assistance.--Subsection (b) of such
section is amended by adding at the end the following new paragraphs:
``(10) Equipment and technical assistance to the State Border
Guard Service of Ukraine for the purpose of developing a
comprehensive border surveillance network for Ukraine.
``(11) Training for staff officers and senior leadership of the
military.''.
(c) Availability of Funds.--Subsection (c) of such section is
amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Assistance for ukraine.--Not more than $175,000,000 of
the funds available for fiscal year 2017 pursuant to subsection
(f)(2) may be used for purposes of subsection (a) until the
certification described in paragraph (2) is made.
``(2) Certification.--The certification described in this
paragraph is a certification by the Secretary of Defense, in
coordination with the Secretary of State, that the Government of
Ukraine has taken substantial actions to make defense institutional
reforms, in such areas as civilian control of the military,
cooperation and coordination with Verkhovna Rada efforts to
exercise oversight of the Ministry of Defense and military forces,
increased transparency and accountability in defense procurement,
and improvement in transparency, accountability, and potential
opportunities for privatization in the defense industrial sector,
for purposes of decreasing corruption, increasing accountability,
and sustaining improvements of combat capability enabled by
assistance under subsection (a). The certification shall include an
assessment of the substantial actions taken to make such defense
institutional reforms and the areas in which additional action is
needed.'';
(2) in paragraph (3), by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) Other purposes.--If in fiscal year 2017 funds are not
available for purposes of subsection (a) by reason of the lack of a
certification described in paragraph (2), such funds may be used in
that fiscal year for the purposes as follows, with not more than
$100,000,000 available for the purposes as follows for any
particular country:''; and
(3) by adding at the end the following new paragraph:
``(4) Notice to congress.--Not later than 15 days before
providing assistance or support under paragraph (3), the Secretary
of Defense shall submit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a notification
containing the following:
``(A) The recipient foreign country.
``(B) A detailed description of the assistance or support
to be provided, including--
``(i) the objectives of such assistance or support;
``(ii) the budget for such assistance or support; and
``(iii) the expected or estimated timeline for delivery
of such assistance or support.
``(C) Such other matters as the Secretary considers
appropriate.''.
(d) Construction With Other Authority.--Such section is further
amended by inserting after subsection (f), as amended by subsection
(a)(3) of this section, the following new subsection (g):
``(g) Construction With Other Authority.--The authority to provide
assistance and support pursuant to subsection (a), and the authority to
provide assistance and support under subsection (c), is in addition to
authority to provide assistance and support under title 10, United
States Code, the Foreign Assistance Act of 1961, the Arms Export
Control Act, or any other provision of law.''.
(e) Extension.--Subsection (h) of such section, as redesignated by
subsection (a)(2) of this section, is amended by striking ``December
31, 2017'' and inserting ``December 31, 2018''.
(f) Extension of Reports on Military Assistance to Ukraine.--
Section 1275(e) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3592), as amended by section 1250(g) of the National
Defense Authorization Act for Fiscal Year 2016, is further amended by
striking ``December 31, 2017'' and inserting ``January 31, 2021''.
SEC. 1238. REPORTS ON INF TREATY AND OPEN SKIES TREATY.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff shall
submit to the appropriate congressional committees the following
reports:
(1) A report on the Open Skies Treaty containing--
(A) an assessment, conducted by the Chairman jointly with
the Secretary of Defense and the Secretary of State, of whether
and why the Treaty remains in the national security interest of
the United States, including if there are compliance concerns
related to implementation of the Treaty by the Russian
Federation;
(B) a specific plan by the Chairman jointly with the
Secretary of Defense and the Secretary of State on remedying
any such compliance concerns; and
(C) a military assessment conducted by the Chairman of such
compliance concerns.
(2) A report on the INF Treaty containing--
(A) an assessment, conducted by the Chairman jointly with
the Secretary of Defense and the Secretary of State, of whether
and why the Treaty remains in the national security interest of
the United States, including how any ongoing violations bear on
the assessment if such a violation is not resolved in the near-
term;
(B) a specific plan by the Chairman jointly with the
Secretary of Defense and the Secretary of State to remedy
violation of the Treaty by the Russian Federation, and a
judgment of whether the Russian Federation intends to take the
steps required to establish verifiable evidence that the
Russian Federation has resumed its compliance with the Treaty
if such non-compliance and inconsistencies are not resolved by
the date of the enactment of this Act; and
(C) a military assessment conducted by the Chairman of the
risks posed by violation of the Treaty by the Russian
Federation.
(b) Update.--Not later than February 15, 2018, the Chairman, the
Secretary of Defense, and the Secretary of State shall jointly submit
to the appropriate congressional committees an update to each report
under subsection (a).
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
(2) The term ``INF Treaty'' means the Treaty Between the United
States of America and the Union of Soviet Socialist Republics on
the Elimination of Their Intermediate-Range and Shorter-Range
Missiles, commonly referred to as the ``Intermediate-Range Nuclear
Forces (INF) Treaty'', signed at Washington December 8, 1987, and
entered into force June 1, 1988.
(3) The term ``Open Skies Treaty'' means the Treaty on Open
Skies, done at Helsinki March 24, 1992, and entered into force
January 1, 2002.

Subtitle E--Reform of Department of Defense Security Cooperation

SEC. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY COOPERATION.
(a) Statutory Reorganization.--Part I of subtitle A of title 10,
United States Code, is amended--
(1) by redesignating chapters 13, 15, 17, and 18 as chapters
12, 13, 14, and 15, respectively;
(2) by redesignating sections 261, 311, 312, 331, 332, 333,
334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,
381, 382, 383, and 384 (as added by section 1011 of this Act) as
sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271, 272,
273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284,
respectively; and
(3) by inserting after chapter 15, as redesignated by paragraph
(1), the following new chapter:

``CHAPTER 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' has the meaning given that
term in section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403).
``(3) The term `defense service' has the meaning given that
term in section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403).
``(4) The term `developing country' has the meaning prescribed
by the Secretary of Defense for purposes of this chapter in
accordance with section 1241(n) of the National Defense
Authorization Act for Fiscal Year 2017.
``(5) The term `incremental expenses', with respect to a
foreign country--
``(A) means the reasonable and proper costs of rations,
fuel, training ammunition, transportation, and other goods and
services consumed by the country as a direct result of the
country's participation in activities authorized by this
chapter; and
``(B) does not include--
``(i) any form of lethal assistance (excluding training
ammunition); or
``(ii) pay, allowances, and other normal costs of the
personnel of the country.
``(6) The term `national security forces', in the case of a
foreign country, means the following:
``(A) National military and national-level security forces
of the foreign country that have the functional
responsibilities for which training is authorized in section
333(a) of this title.
``(B) With respect to operations referred to in section
333(a)(2) of this title, military and civilian first responders
of the foreign country at the national or local level that have
such operations among their functional responsibilities.
``(7) The term `security cooperation programs and activities of
the Department of Defense' means any program, activity (including
an exercise), or interaction of the Department of Defense with the
security establishment of a foreign country to achieve a purpose as
follows:
``(A) To build and develop allied and friendly security
capabilities for self-defense and multinational operations.
``(B) To provide the armed forces with access to the
foreign country during peacetime or a contingency operation.
``(C) To build relationships that promote specific United
States security interests.
``(8) The term `small-scale construction' means construction at
a cost not to exceed $750,000 for any project.
``(9) The term `training' has the meaning given the term
`military education and training' in section 644 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403).

``SUBCHAPTER 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.
``322. Special operations forces: training with friendly foreign forces.

``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. Regional Defense Combating Terrorism Fellowship Program.
``346. Distribution to certain foreign personnel of education and
training materials and information technology to enhance
military interoperability with the armed forces.
``347. International engagement authorities for service academies.
``348. Aviation Leadership Program.
``349. Inter-American Air Forces Academy.
``350. Inter-European Air Forces Academy.

``SUBCHAPTER 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. Consolidated budget.
``382. Execution and administration of programs and activities.
``383. Assessment, monitoring, and evaluation of programs and
activities.
``384. Department of Defense security cooperation workforce development.
``385. Department of Defense support for other departments and agencies
of the United States Government that advance Department of
Defense security cooperation objectives.
``386. Annual report.''.

(b) Transfer of Section 1051b.--Section 1051b of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
subsection (a)(3), inserted after the table of sections at the
beginning of subchapter II of such chapter, and redesignated as section
313.
(c) Codification of Section 1081 of FY 2012 NDAA.--
(1) Codification.--Chapter 16 of title 10, United States Code,
as added by subsection (a)(3), is amended by inserting after the
table of sections at the beginning of subchapter IV a new section
332 consisting of--
(A) a heading as follows:
``Sec. 332. Friendly foreign countries; international and regional
organizations: defense institution capacity building''; and
(B) a text consisting of the text of subsections (a), (b),
and (d) of section 1081 of the National Defense Authorization
Act for Fiscal Year 2012 (10 U.S.C. 168 note).
(2) Conforming amendment.--Section 332 of title 10, United
States Code, as so amended, is further amended by redesignating
subsection (d) as subsection (c).
(3) Conforming repeal.--Section 1081 of the National Defense
Authorization Act for Fiscal Year 2012 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 building the capacity of such forces to conduct one or more
of the following:
``(1) Counterterrorism operations.
``(2) Counter-weapons of mass destruction operations.
``(3) Counter-illicit drug trafficking operations.
``(4) Counter-transnational organized crime operations.
``(5) Maritime and border security operations.
``(6) Military intelligence operations.
``(7) Operations or activities that contribute to an
international coalition operation that is determined by the
Secretary to be in the national interest of the United States.
``(b) Concurrence and Coordination With Secretary of State.--
``(1) Concurrence in conduct of programs.--The concurrence of
the Secretary of State is required to conduct or support any
program authorized by subsection (a).
``(2) Joint development and planning of programs.--The
Secretary of Defense and the Secretary of State shall jointly
develop and plan any program carried out pursuant to subsection
(a).
``(3) Implementation of programs.--The Secretary of Defense and
the Secretary of State shall coordinate the implementation of any
program under subsection (a). The Secretary of Defense and the
Secretary of State shall each designate an individual responsible
for program coordination under this paragraph at the lowest
appropriate level in the Department concerned.
``(4) Coordination in preparation of certain notices.--Any
notice required by this section to be submitted to the appropriate
committees of Congress shall be prepared in coordination with the
Secretary of State.
``(c) Types of Capacity Building.--
``(1) Authorized elements.--A program under subsection (a) may
include the provision and sustainment of defense articles,
training, defense services, supplies (including consumables), and
small-scale construction.
``(2) Required elements.--A program under subsection (a) shall
include elements that promote the following:
``(A) Observance of and respect for the law of armed
conflict, human rights and fundamental freedoms, and the rule
of law.
``(B) Respect for civilian control of the military.
``(3) Human rights training.--In order to meet the requirement
in paragraph (2)(A) with respect to particular national security
forces under a program under subsection (a), the Secretary of
Defense shall certify, prior to the initiation of the program, that
the Department of Defense is already undertaking, or will undertake
as part of the security sector assistance provided to the foreign
country concerned, human rights training that includes a
comprehensive curriculum on human rights and the law of armed
conflict, as applicable, to such national security forces.
``(4) Institutional capacity building.--In order to meet the
requirement in paragraph (2)(B) with respect to a particular
foreign country under a program under subsection (a), the Secretary
shall certify, prior to the initiation of the program, that the
Department is already undertaking, or will undertake as part of the
program, a program of institutional capacity building with
appropriate institutions of such foreign country that is
complementary to the program with respect to such foreign country
under subsection (a). The purpose of the program of institutional
capacity building shall be to enhance the capacity of such foreign
country to exercise responsible civilian control of the national
security forces of such foreign country.
``(d) Limitations.--
``(1) Assistance otherwise prohibited by law.--The Secretary of
Defense may not use the authority in subsection (a) to provide any
type of assistance described in subsection (c) that is otherwise
prohibited by any provision of law.
``(2) Prohibition on assistance to units that have committed
gross violations of human rights.--The provision of assistance
pursuant to a program under subsection (a) shall be subject to the
provisions of section 362 of this title.
``(3) Duration of sustainment support.--Sustainment support may
not be provided pursuant to a program under subsection (a), or for
equipment previously provided by the Department of Defense under
any authority available to the Secretary during fiscal year 2015 or
2016, for a period in excess of five years unless the notice on the
program pursuant to subsection (e) includes the information
specified in paragraph (7) of subsection (e).
``(e) Notice and Wait on Activities Under Programs.--Not later than
15 days before initiating activities under a program under subsection
(a), the Secretary of Defense shall submit to the appropriate
committees of Congress a written and electronic notice of the
following:
``(1) The foreign country, and specific unit, whose capacity to
engage in activities specified in subsection (a) will be built
under the program, and the amount, type, and purpose of the support
to be provided.
``(2) A detailed evaluation of the capacity of the foreign
country and unit to absorb the training or equipment to be provided
under the program.
``(3) The cost, implementation timeline, and delivery schedule
for assistance under the program.
``(4) A description of the arrangements, if any, for the
sustainment of the program and the estimated cost and source of
funds to support sustainment of the capabilities and performance
outcomes achieved under the program beyond its completion date, if
applicable.
``(5) Information, including the amount, type, and purpose, on
the security assistance provided the foreign country during the
three preceding fiscal years pursuant to authorities under this
title, the Foreign Assistance Act of 1961, and any other train and
equip authorities of the Department of Defense.
``(6) A description of the elements of the theater security
cooperation plan of the geographic combatant command concerned, and
of the interagency integrated country strategy, that will be
advanced by the program.
``(7) In the case of a program described in subsection (d)(3),
each of the following:
``(A) A written justification that the provision of
sustainment support described in that subsection for a period
in excess of five years will enhance the security interest of
the United States.
``(B) To the extent practicable, a plan to transition such
sustainment support from funding through the Department to
funding through another security sector assistance program of
the United States Government or funding through partner
nations.
``(f) Quarterly Monitoring Reports.--The Director of the Defense
Security Cooperation Agency shall, on a quarterly basis, submit to the
appropriate committees of Congress a report setting forth, for the
preceding calendar quarter, the following:
``(1) Information, by recipient country, of the delivery and
execution status of all defense articles, training, defense
services, supplies (including consumables), and small-scale
construction under programs under subsection (a).
``(2) Information on the timeliness of delivery of defense
articles, defense services, supplies (including consumables), and
small-scale construction when compared with delivery schedules for
such articles, services, supplies, and construction previously
provided to Congress.
``(3) Information, by recipient country, on the status of funds
allocated for programs under subsection (a), including amounts of
unobligated funds, unliquidated obligations, and disbursements.
``(g) Funding.--
``(1) Sole source of funds.--Amounts for programs carried out
pursuant to subsection (a) in a fiscal year, and for other purposes
in connection with such programs as authorized by this section, may
be derived only from amounts authorized to be appropriated for such
fiscal year for the Department of Defense for operation and
maintenance, Defense-wide, and available for the Defense Security
Cooperation Agency for such programs and purposes.
``(2) Availability of funds for programs across fiscal years.--
``(A) In general.--Amounts available in a fiscal year to
carry out the authority in subsection (a) may be used for
programs under that authority that begin in such fiscal year
and end not later than the end of the second fiscal year
thereafter.
``(B) Achievement of full operational capacity.--If, in
accordance with subparagraph (A), equipment or training is
delivered under a program under the authority in subsection (a)
in the fiscal year after the fiscal year in which the program
begins, amounts for defense articles, training, defense
services, supplies (including consumables), and small-scale
construction associated with such equipment or training and
necessary to ensure that the recipient unit achieves full
operational capability for such equipment or training may be
used in the fiscal year in which the foreign country takes
receipt of such equipment and in the next two fiscal years.''.
(2) Funding for fiscal year 2017.--Amounts may be available for
fiscal year 2017 for programs and other purposes described in
subsection (g) of section 333 of title 10, United States Code, as
added by paragraph (1), as follows:
(A) Amounts authorized to be appropriated by section 301
for operation and maintenance, Defense-wide, and available for
the Defense Security Cooperation Agency for such programs and
purposes as specified in the funding table in section 4301.
(B) Amounts authorized to be appropriated by section 1407
for Drug Interdiction and Counter-Drug Activities, Defense-
Wide, as specified in the funding table in section 4501.
(C) Amounts authorized to be appropriated by section 1504
for operation and maintenance, Defense-wide, for overseas
contingency operations and available for the Defense Security
Cooperation Agency for such programs and purposes as specified
in the funding table in section 4302.
(D) Amounts authorized to be appropriated by section 1504
for operation and maintenance, Defense-wide, for overseas
contingency operations and available for the Counter Islamic
State of Iraq and the Levant Fund as specified in the funding
table in section 4302, which amounts may be available for such
programs and other purposes with respect to a country other
than Iraq or Syria if--
(i) such programs and other purposes are for the
purpose of countering the Islamic State of Iraq and the
Levant; and
(ii) notice on the use of such amounts for such
programs and other purposes is provided to Congress in
accordance with subsection (e) of section 333 of title 10,
United States Code, as so added.
(E) Amounts authorized to be appropriated by section 1507
for Drug Interdiction and Counter-Drug Activities, Defense-
Wide, for overseas contingency operations as specified in the
funding table in section 4502 or 4503.
(F) Amounts available for fiscal years before fiscal year
2017 for the Counterterrorism Partnerships Fund that remain
available for obligation in fiscal year 2017.
(3) Limitation on availability of funds for fiscal year 2017.--
Of the amounts available for fiscal year 2017 pursuant to paragraph
(2) for programs and other purposes described in subsection (g) of
section 333 of title 10, United States Code, as so added, not more
than 65 percent of such amounts may be used for such purposes until
the guidance required by paragraph (4) is submitted to the
congressional defense committees as required by paragraph (4).
(4) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe,
and submit to the congressional defense committees, initial policy
guidance on roles, responsibilities, and processes in connection
with programs and activities authorized by section 333 of title 10,
United States Code, as so added. Not later than 270 days after the
date of the enactment of this Act, the Secretary shall prescribe,
and submit to the congressional defense committees, final policy
guidance on roles, responsibilities, and processes in connection
with such programs and activities.
(5) Conforming repeals.--Effective as of the date that is 270
days after the date of the enactment of this Act, the following
provisions of law are repealed:
(A) Section 2282 of title 10, United States Code.
(B) The following provisions of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66):
(i) Section 1204 (127 Stat. 896; 10 U.S.C. 401 note).
(ii) Section 1207 (127 Stat. 902; 22 U.S.C. 2151 note).
(C) Section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881).
(6) Clerical amendment.--Effective as of the date that is 270
days after the date of the enactment of this Act, the table of
sections at the beginning of chapter 136 of title 10, United States
Code, is amended by striking the item relating to section 2282.
(e) Transfer and Modification of Section 184 and Codification of
Related Provisions.--
(1) Transfer and redesignation.--Section 184 of title 10,
United States Code, is transferred to chapter 16 of such title as
added by subsection (a)(3), inserted after the table of sections at
the beginning of subchapter V of such chapter, and redesignated as
section 342.
(2) Modification of authorities and codification of
reimbursement-related provisions.--Section 342 of title 10, United
States Code, as so transferred and redesignated, is amended--
(A) in subsection (a), by striking ``and exchange of
ideas'' and inserting ``exchange of ideas, and training'';
(B) in subsection (b)--
(i) in paragraph (1)(B), by striking ``and exchange of
ideas'' and inserting ``exchange of ideas, and training'';
and
(ii) in paragraph (3), by striking ``, except as
specifically provided by law after October 17, 2006'';
(C) in subsection (c), by adding at the end the following
new sentence: ``The regulations shall prioritize within the
respective areas of focus of each Regional Center the
functional areas for engagement of territorial and maritime
security, transnational and asymmetric threats, and defense
sector governance.''; and
(D) in subsection (f)--
(i) in paragraph (3)--

(I) by inserting ``(A)'' after ``(3)'';
(II) in subparagraph (A), as so designated, by
striking ``civilian government officials'' and
inserting ``personnel''; and
(III) by adding at the end the following new
subparagraph:

``(B)(i) The Secretary of Defense may, with the concurrence of the
Secretary of State, waive reimbursement otherwise required under this
subsection of the costs of activities of the Regional Centers for
personnel of nongovernmental and international organizations who
participate in activities of the Regional Centers that enhance
cooperation of nongovernmental organizations and international
organizations with United States forces if the Secretary of Defense
determines that attendance of such personnel without reimbursement is
in the national security interest of the United States.
``(ii) The amount of reimbursement that may be waived under clause
(i) in any fiscal year may not exceed $1,000,000.''; and
(ii) in paragraph (5), by striking ``under the Latin
American cooperation authority'' and all that follows and
inserting ``under section 312 of this title are also
available for the costs of the operation of the Regional
Centers.''.
(3) Codification of provisions relating to specific centers.--
Such section 342, as so transferred and redesignated, is further
amended by adding at the end the following new subsections:
``(h) Authorities Specific to Marshall Center.--(1) The Secretary
of Defense may authorize participation by a European or Eurasian
country in programs of the George C. Marshall Center for Security
Studies (in this subsection referred to as the `Marshall Center') if
the Secretary determines, after consultation with the Secretary of
State, that such participation is in the national interest of the
United States.
``(2)(A) In the case of any person invited to serve without
compensation on the Marshall Center Board of Visitors, the Secretary of
Defense may waive any requirement for financial disclosure that would
otherwise apply to that person solely by reason of service on such
Board.
``(B) A member of the Marshall Center Board of Visitors may not be
required to register as an agent of a foreign government solely by
reason of service as a member of the Board.
``(C) Notwithstanding section 219 of title 18, a non-United States
citizen may serve on the Marshall Center Board of Visitors even though
registered as a foreign agent.
``(3)(A) The Secretary of Defense may waive reimbursement of the
costs of conferences, seminars, courses of instruction, or similar
educational activities of the Marshall Center for military officers and
civilian officials from states located in Europe or the territory of
the former Soviet Union if the Secretary determines that attendance by
such personnel without reimbursement is in the national security
interest of the United States.
``(B) Costs for which reimbursement is waived pursuant to
subparagraph (A) shall be paid from appropriations available for the
Center.
``(i) Authorities Specific to Inouye Center.--(1) The Secretary of
Defense may waive reimbursement of the cost of conferences, seminars,
courses of instruction, or similar educational activities of the Daniel
K. Inouye Center for Security Studies for military officers and
civilian officials of foreign countries if the Secretary determines
that attendance by such personnel, without reimbursement, is in the
national security interest of the United States.
``(2) Costs for which reimbursement is waived pursuant to paragraph
(1) shall be paid from appropriations available for the Center.''.
(4) Annual review of program structure and programs of
centers.--Such section 342, as amended by this subsection, is
further amended by adding at the end the following new subsection:
``(j) Annual Review of Program Structure and Programs of Centers.--
(1) The Secretary shall on an annual basis review the program and
structure of each Regional Center in order to determine whether such
Regional Center is appropriately aligned with the strategic priorities
of the Department of Defense and the applicable geographic combatant
commands.
``(2) The Secretary may revise the program, structure, or both of a
Regional Center following an annual review under paragraph (1) in order
to more appropriately align the Regional Center with strategic
priorities and the geographic combatant commands as described in that
paragraph..''.
(5) Repeal of codified provisions.--The following provisions of
law are repealed:
(A) Section 941(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10
U.S.C. 184 note).
(B) Section 1065 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 113 note).
(C) Section 1306 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892).
(D) Section 8073 of the Department of Defense
Appropriations Act, 2003 (Public Law 107-248; 10 U.S.C. prec.
2161 note).
(f) Transfer of Section 2166.--
(1) Transfer and redesignation.--Section 2166 of title 10,
United States Code, is transferred to chapter 16 of such title, as
added by subsection (a)(3), inserted after section 342, as
transferred and redesignated by subsection (e), and redesignated as
section 343.
(2) Conforming stylistic amendments.--Such section 343, as so
transferred and redesignated, is amended by striking ``nations''
each place it appears in subsections (b) and (c) and inserting
``countries''.
(g) Transfer of Section 2350m.--
(1) Transfer and redesignation.--Section 2350m of title 10,
United States Code, is transferred to chapter 16 of such title, as
added by subsection (a)(3), inserted after section 343, as
transferred and redesignated by subsection (f), and redesignated as
section 344.
(2) Conforming amendments.--Such section 344, as so transferred
and redesignated, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(h) Transfer of Section 2249d.--
(1) Transfer and redesignation.--Section 2249d of title 10,
United States Code, is transferred to chapter 16 of such title, as
added by subsection (a)(3), inserted after section 344, as
transferred and redesignated by subsection (g), and redesignated as
section 346.
(2) Conforming and stylistic amendments.--Such section 346, as
so transferred and redesignated, is amended--
(A) by striking ``nations'' in subsections (a) and (d) and
inserting ``countries''; and
(B) by striking subsections (f) and (g).
(i) Reenactment of Chapter 905.--
(1) Consolidation of sections 9381, 9382, and 9383.--Chapter 16
of title 10, United States Code, as added by subsection (a)(3), is
amended by inserting after section 346, as transferred and
redesignated by subsection (h), the following new section:
``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 (f) of section 1268 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3585; 10 U.S.C. 9411
note).
(2) Conforming repeal.--Section 1268 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 is repealed.
(l) Transfer of Sections 2249a and 2249e.--
(1) Transfer and redesignation.--Sections 2249a and 2249e of
title 10, United States Code, are transferred to chapter 16 of such
title, as added by subsection (a)(3), inserted after the table of
sections at the beginning of subchapter VI of such chapter, and
redesignated as sections 361 and 362, respectively.
(2) Conforming repeal relating to superseded definition of
congressional committees.--Section 362 of such title, as
transferred and redesignated by paragraph (1), is amended by
striking subsection (f).
(m) Administrative Matters.--Chapter 16 of title 10, United States
Code, as added by subsection (a)(3), is amended by inserting after the
table of sections at the beginning of subchapter VII the following new
sections:
``Sec. 382. Execution and administration of programs and activities
``(a) Policy Oversight and Resource Allocation.--The Secretary of
Defense shall assign responsibility for the oversight of strategic
policy and guidance and responsibility for overall resource allocation
for security cooperation programs and activities of the Department of
Defense to a single official and office in the Office of the Secretary
of Defense at the level of Under Secretary of Defense or below.
``(b) Execution and Administration of Certain Programs and
Activities.--
``(1) In general.--The Director of the Defense Security
Cooperation Agency shall be responsible for the execution and
administration of all security cooperation programs and activities
of the Department of Defense involving the provision of defense
articles, military training, and other defense-related services by
grant, loan, cash sale, or lease.
``(2) Designation of responsibility.--The Director may
designate an element of an armed force, combatant command, Defense
Agency, Department of Defense Field Activity, or other element or
organization of the Department of Defense to execute and administer
security cooperation programs and activities described in paragraph
(1) if the Director determines that the designation will achieve
maximum effectiveness, efficiency, and economy in the activities
for which designated.
``(c) Availability of Funds.--
``(1) In general.--Funds available to the Defense Security
Cooperation Agency, and other funds available to the Department of
Defense for security cooperation programs and activities of the
Department of Defense, may be used to implement security
cooperation programs and activities of the Department of Defense
authorized by this chapter.
``(2) Budget justification.--Funds necessary for implementing
security cooperation programs and activities of the Department of
Defense under this chapter for a fiscal year shall be identified,
with appropriate justification, in the consolidated budget for such
fiscal year required by section 381 of this title.
``Sec. 383. Assessment, monitoring, and evaluation of programs and
activities
``(a) Program Required.--The Secretary of Defense shall maintain a
program of assessment, monitoring, and evaluation in support of the
security cooperation programs and activities of the Department of
Defense.
``(b) Program Elements and Requirements.--
``(1) Elements.--The program under subsection (a) shall provide
for the following:
``(A) Initial assessments of partner capability
requirements, potential programmatic risks, baseline
information, and indicators of efficacy for purposes of
planning, monitoring, and evaluation of security cooperation
programs and activities of the Department of Defense.
``(B) Monitoring of implementation of such programs and
activities in order to measure progress in execution and, to
the extent possible, achievement of desired outcomes.
``(C) Evaluation of the efficiency and effectiveness of
such programs and activities in achieving desired outcomes.
``(D) Identification of lessons learned in carrying out
such programs and activities, and development of recommendation
for improving future security cooperation programs and
activities of the Department of Defense.
``(2) Best practices.--The program shall be conducted in
accordance with international best practices, interagency
standards, and, if applicable, the Government Performance and
Results Act of 1993 (Public Law 103-62), and the amendments made by
that Act, and the GPRA Modernization Act of 2010 (Public Law 111-
352), and the amendments made by that Act.
``(c) Availability of Funds.--
``(1) In general.--Funds available to the Defense Security
Cooperation Agency, and other funds available to the Department of
Defense for security cooperation programs and activities of the
Department of Defense, may be used to carry out the program
required by subsection (a).
``(2) Budget justification.--Funds described in paragraph (1)
for a fiscal year shall be identified, with appropriate
justification, in the consolidated budget for such fiscal year
required by section 381 of this title.
``(d) Reports.--
``(1) Reports to congress.--The Secretary shall submit to the
congressional defense committees each year a report on the program
under subsection (a) during the previous year. Each report shall
include, for the year covered by such report, the following:
``(A) A description of the activities under the program.
``(B) An evaluation of the lessons learned and best
practices identified through activities under the program.
``(2) Information for the public on evaluations.--The Secretary
shall make available to the public, on an Internet website of the
Department of Defense available to the public, a summary of each
evaluation conducted pursuant to subsection (b)(1)(C). In making a
summary so available, the Secretary may redact or omit any
information that the Secretary determines should not be disclosed
to the public in order to protect the interest of the United States
or the foreign country or countries covered by such evaluation.
``Sec. 385. Department of Defense support for other departments and
agencies of the United States Government that advance Department of
Defense security cooperation objectives
``(a) Support Authorized.--Subject to subsection (c), the Secretary
of Defense is authorized to support other departments and agencies of
the United States Government for the purpose of implementing or
supporting foreign assistance programs and activities described in
subsection (b) that advance security cooperation objectives of the
Department of Defense.
``(b) Foreign Assistance Programs and Activities.--The foreign
assistance programs and activities described in this subsection are
foreign assistance programs and activities that--
``(1) are necessary for the effectiveness of one or more
programs of the Department of Defense relating to security
cooperation conducted pursuant to an authority in this chapter; and
``(2) cannot be carried out by the Department.
``(c) Annual Limitation on Amount of Support.--The amount of
support provided pursuant to subsection (a) in any fiscal year may not
exceed $75,000,000.
``(d) Notice and Wait.--If a determination is made to transfer
funds in connection with the provision of support pursuant to
subsection (a) for a program or activity, the transfer may not occur
until--
``(1) the Secretary and the head of the department or agency to
receive the funds jointly submit to the congressional defense
committees a notice on the transfer, which notice shall include--
``(A) a detailed description of the purpose and estimated
cost of such program or activity;
``(B) a detailed description of the security cooperation
objectives of the Department, include the theater campaign plan
of the combatant command concerned, that will be advanced;
``(C) a justification why such program or activity will
advance such objectives;
``(D) a justification why such program or activity cannot
be carried out by the Department;
``(E) an identification of any funds programmed or
obligated by the department or agency other than the Department
on such program or activity; and
``(F) a timeline for the provision of such support; and
``(2) a period of 30 days elapses after the date of the
submittal of the notice pursuant to paragraph (1).''.
(n) Prescription of Term ``Developing Country''.--
(1) In general.--The Secretary of Defense shall prescribe the
meaning of the term ``developing country'' for purposes of chapter
16 of title 10, United States Code, as added by subsection (a)(3),
and may from time to time prescribe a revision to the meaning of
that term for those purposes.
(2) Initial prescription.--The Secretary shall first prescribe
the meaning of the term by not later than 270 days after the date
of the enactment of this Act.
(3) Notice to congress.--Whenever the Secretary prescribes the
meaning of the term pursuant to paragraph (1), the Secretary shall
notify the appropriate committees of Congress of the meaning of the
term as so prescribed.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has the
meaning given that term in section 301(1) of title 10, United
States Code, as so added.
(o) Clerical Amendments.--Title 10, United States Code, is amended
as follows:
(1) The tables of chapters at the beginning of subtitle A, and
at the beginning of part I of subtitle A, 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. 1242. MILITARY-TO-MILITARY EXCHANGES.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1241(a)(3) of this Act, is amended by inserting after the table
of sections at the beginning of subchapter II a new section 311
consisting of--
(1) a heading as follows:
``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)--
(A) in paragraph (1), by adding at the end the following
new sentence: ``Any exchange of personnel under such an
agreement is subject to paragraph (3).'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``an ally of the United States or another friendly
foreign country for the exchange'' and inserting ``a
friendly foreign country or international or regional
security organization for the reciprocal or non-reciprocal
exchange'';
(ii) in subparagraph (A), by striking ``military'' and
inserting ``members of the armed forces''; and
(iii) in subparagraph (B)--

(I) by inserting ``or security'' after ``defense'';
and
(II) by inserting before the period at the end the
following: ``or international or regional security
organization''; and

(C) by adding at the end the following new paragraph:
``(3) An exchange of personnel under an international defense
personnel exchange agreement under this section may only be made with
the concurrence of the Secretary to State to the extent the exchange is
with either of the following:
``(A) A non-defense security ministry of a foreign government.
``(B) An international or regional security organization.'';
(2) in subsection (b)(2), by inserting before the period at the
end the following: ``, subject to the concurrence of the Secretary
of State'';
(3) in subsection (c)--
(A) by striking ``Each government shall be required under''
and inserting ``In the case of''; and
(B) by inserting after ``exchange agreement'' the
following: ``that provides for reciprocal exchanges, each
government shall be required''; and
(4) in subsection (f), by inserting ``defense or security
ministry of that'' after ``military personnel of the''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 1082 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2672; 10 U.S.C. 168
note).
(2) Section 1207 of the National Defense Authorization Act for
Fiscal Year 2010 (10 U.S.C. 168 note).
SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAYMENT OF
PERSONNEL EXPENSES NECESSARY FOR THEATER SECURITY COOPERATION.
(a) Consolidation and Revision of Authorities in New Chapter on
Security Cooperation Activities.--Chapter 16 of title 10, United States
Code, as added by section 1241(a)(3) of this Act, is amended by
inserting after section 311, as added by section 1242(a) of this Act,
the following new section:
``Sec. 312. Payment of personnel expenses necessary for theater
security cooperation
``(a) Authority.--The Secretary of Defense may pay expenses
specified in subsection (b) that the Secretary considers necessary for
theater security cooperation.
``(b) Types of Expenses.--The expenses that may be paid under the
authority provided in subsection (a) are the following:
``(1) Personnel expenses.--The Secretary of Defense may pay
travel, subsistence, and similar personnel expenses of, and special
compensation for, the following that the Secretary considers
necessary for theater security cooperation:
``(A) Defense personnel of friendly foreign governments.
``(B) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and non-governmental
personnel.
``(2) Administrative services and support for liaison
officers.--The Secretary of Defense may provide administrative
services and support for the performance of duties by a liaison
officer of a foreign country while the liaison officer is assigned
temporarily to any headquarters in the Department of Defense.
``(3) Travel, subsistence, and medical care for liaison
officers.--The Secretary of Defense may pay the expenses of a
liaison officer in connection with the assignment of that officer
as described in paragraph (2) if the assignment is requested by the
commander of a combatant command, the Chief of Staff of the Army,
the Chief of Naval Operations, the Chief of Staff of the Air Force,
the Commandant of the Marine Corps, or the head of a Defense Agency
as follows:
``(A) Travel and subsistence expenses.
``(B) Personal expenses directly necessary to carry out the
duties of that officer in connection with that assignment.
``(C) Expenses for medical care at a civilian medical
facility if--
``(i) adequate medical care is not available to the
liaison officer at a local military medical treatment
facility;
``(ii) the Secretary determines that payment of such
medical expenses is necessary and in the best interests of
the United States; and
``(iii) medical care is not otherwise available to the
liaison officer pursuant to any treaty or other
international agreement.
``(D) Mission-related travel expenses if such travel meets
each of the following conditions:
``(i) The travel is in support of the national security
interests of the United States.
``(ii) The officer or official making the request
directs round-trip travel from the assigned location to one
or more travel locations.
``(4) Conferences, seminars, and similar meetings.--The
authority provided by paragraph (1) includes authority to pay
travel and subsistence expenses for personnel described in that
paragraph in connection with the attendance of such personnel at
any conference, seminar, or similar meeting that is in direct
support of enhancing interoperability between the United States
armed forces and the national security forces of a friendly foreign
country for the purposes of conducting operations, the provision of
equipment or training, or the planning for, or the execution of,
bilateral or multilateral training, exercises, or military
operations.
``(5) Other expenses.--In addition to the personnel expenses
payable under paragraph (1), the Secretary of Defense may pay such
other limited expenses in connection with conferences, seminars,
and similar meetings covered by paragraph (4) as the Secretary
considers appropriate in the national security interests of the
United States.
``(c) Limitations on Expenses Payable.--
``(1) Personnel from developing countries.--The authority
provided in subsection (a) may be used only for the payment of
expenses of, and special compensation for, personnel from
developing countries, except that the Secretary of Defense may
authorize the payment of such expenses and special compensation for
personnel from a country other than a developing country if the
Secretary determines that such payment is necessary to respond to
extraordinary circumstances and is in the national security
interest of the United States.
``(2) Non-defense liaison officers.--In the case of a non-
defense liaison officer of a foreign country, the authority of the
Secretary of Defense under subsection (a) to pay expenses specified
in paragraph (2) or (3) of subsection (b) may be exercised only if
the assignment of that liaison officer as a liaison officer with
the Department of Defense was accepted by the Secretary of Defense
with the coordination of the Secretary of State.
``(d) Reimbursement.--The Secretary of Defense may provide the
services and support specified in subsection (b)(2) with or without
reimbursement from (or on behalf of) the recipients. The terms of
reimbursement (if any) shall be specified in the appropriate agreements
used to assign the liaison officer.
``(e) Monetary Limitations on Expenses Payable.--
``(1) Travel and subsistence expenses generally.--Travel and
subsistence expenses authorized to be paid under subsection (a) may
not, in the case of any individual, exceed the amount that would be
paid under chapter 7 or 8 of title 37 to a member of the armed
forces (of a comparable grade) for authorized travel of a similar
nature.
``(2) Travel and related expenses of liaison officers.--The
amount paid for expenses specified in subsection (b)(3) for any
liaison officer in any fiscal year may not exceed $150,000.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. Such regulations
shall be submitted to the Committees on Armed Services of the Senate
and the House of Representatives.
``(g) Administrative Services and Support Defined.--In this
section, the term `administrative services and support' includes base
or installation support services, office space, utilities, copying
services, fire and police protection, training programs conducted to
familiarize, orient, or certify liaison personnel regarding unique
aspects of the assignments of the liaison personnel, and computer
support.''.
(b) Conforming Amendments.--
(1) Repeals.--Sections 1050, 1050a, 1051, and 1051a of title
10, United States Code, 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. 1244. TRANSFER AND REVISION OF CERTAIN AUTHORITIES ON PAYMENT OF
EXPENSES OF TRAINING AND EXERCISES WITH FRIENDLY FOREIGN FORCES.
(a) Transfer and Revision of Authority on Payment of Expenses of
Developing Countries.--Section 2010 of title 10, United States Code, is
transferred to chapter 16 of such title, as added by section 1241(a)(3)
of this Act, inserted after the table of sections at the beginning of
subchapter III, redesignated as section 321, and amended to read as
follows:
``Sec. 321. Training with friendly foreign countries: payment of
training and exercise expenses
``(a) Training Authorized.--
``(1) Training with foreign forces generally.--The armed forces
under the jurisdiction of the Secretary of Defense may train with
the military forces or other security forces of a friendly foreign
country if the Secretary determines that it is in the national
security interest of the United States to do so.
``(2) Limitation on training of general purpose forces.--The
general purpose forces of the United States armed forces may train
only with the military forces of a friendly foreign country.
``(3) Training to support mission essential tasks.--Any
training conducted pursuant to paragraph (1) shall, to the maximum
extent practicable, support the mission essential tasks for which
the unit of the United States armed forces participating in such
training is responsible.
``(4) Elements of training.--Any training conducted pursuant to
paragraph (1) shall, to the maximum extent practicable, include
elements that promote--
``(A) observance of and respect for human rights and
fundamental freedoms; and
``(B) respect for legitimate civilian authority within the
foreign country concerned.
``(b) Authority To Pay Training and Exercise Expenses.--Under
regulations prescribed pursuant to subsection (e), the Secretary of a
military department or the commander of a combatant command may pay, or
authorize payment for, any of the following expenses:
``(1) Expenses of training forces assigned or allocated to that
command in conjunction with training, and training with, the
military forces or other security forces of a friendly foreign
country under subsection (a).
``(2) Expenses of deploying such forces for that training.
``(3) The incremental expenses of a friendly foreign country as
the direct result of participating in such training, as specified
in the regulations.
``(4) The incremental expenses of a friendly foreign country as
the direct result of participating in an exercise with the armed
forces under the jurisdiction of the Secretary of Defense.
``(5) Small-scale construction that is directly related to the
effective accomplishment of the training described in paragraph (1)
or an exercise described in paragraph (4).
``(c) Purpose of Training and Exercises.--
``(1) In general.--The primary purpose of the training and
exercises for which payment may be made under subsection (b) shall
be to train United States forces.
``(2) Selection of foreign partners.--Training and exercises
with friendly foreign countries under subsection (a) should be
planned and prioritized consistent with applicable guidance
relating to the security cooperation programs and activities of the
Department of Defense.
``(d) Availability of Funds for Activities That Cross Fiscal
Years.--Amounts available for the authority to pay expenses in
subsection (b) for a fiscal year may be used to pay expenses under that
subsection for training and exercises that begin in such fiscal year
but end in the next fiscal year.
``(e) Quarterly Notice on Planned Training.--Not later than the end
of the first calender quarter beginning after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2017, and
every calender quarter thereafter, the Secretary of Defense shall
submit to the appropriate committees of Congress a notice setting forth
the schedule of planned training engagement pursuant to subsection (a)
during the calendar quarter first following the calendar quarter in
which such notice is submitted.
``(f) Regulations.--
``(1) In general.--The Secretary of Defense shall prescribe
regulations for the administration of this section. The Secretary
shall submit the regulations to the Committees on Armed Services of
the Senate and the House of Representatives.
``(2) Elements.--The regulations required under this section
shall provide the following:
``(A) A requirement that training and exercise activities
may be carried out under this section only with the prior
approval of the Secretary.
``(B) Accounting procedures to ensure that the expenditures
pursuant to this section are appropriate.
``(C) Procedures to limit the payment of incremental
expenses to friendly foreign countries only to developing
countries, except in the case of exceptional circumstances as
specified in the regulations.''.
(b) Transfer of Authority for Payment of Expenses in Connection
With Special Operations Forces Training.--Section 2011 of title 10,
United States Code, is transferred to chapter 16 of such title,
inserted after section 321, as transferred and amended by subsection
(a) of this section, and redesignated as section 322.
(c) Conforming Repeal.--Section 1203 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat.
894; 10 U.S.C. 2011 note) is repealed.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of title 10, United States Code, is amended by striking the
items relating to sections 2010 and 2011.
SEC. 1245. TRANSFER AND REVISION OF AUTHORITY TO PROVIDE OPERATIONAL
SUPPORT TO FORCES OF FRIENDLY FOREIGN COUNTRIES.
(a) Transfer and Revision.--Section 127d of title 10, United States
Code, is transferred to chapter 16 of such title, as added by section
1241(a)(3) of this Act, inserted after the table of sections at the
beginning of subchapter IV, redesignated as section 331, and amended to
read as follows:
``Sec. 331. Friendly foreign countries: authority to provide support
for conduct of operations
``(a) Authority.--The Secretary of Defense may provide support to
friendly foreign countries in connection with the conduct of operations
designated pursuant to subsection (b).
``(b) Designated Operations.--
``(1) In general.--The Secretary of Defense shall designate the
operations for which support may be provided under the authority in
subsection (a).
``(2) Notice to congress.--The Secretary shall notify the
appropriate committees of Congress of the designation of any
operation pursuant to this subsection.
``(3) Annual review for continuing designation.--The Secretary
shall undertake on an annual basis a review of the operations
currently designated pursuant to this subsection in order to
determine whether each such operation merits continuing designation
for purposes of this section for another year. If the Secretary
determines that any operation so reviewed merits continuing
designation for purposes of this section for another year, the
Secretary--
``(A) may continue the designation of such operation under
this subsection for such purposes for another year; and
``(B) if the Secretary so continues the designation of such
operation, shall notify the appropriate committees of Congress
of the continuation of designation of such operation.
``(c) Types of Support Authorized.--The types of support that may
be provided under the authority in subsection (a) are the following:
``(1) Logistic support, supplies, and services to security
forces of a friendly foreign country participating in--
``(A) an operation with the armed forces under the
jurisdiction of the Secretary of Defense; or
``(B) a military or stability operation that benefits the
national security interests of the United States.
``(2) Logistic support, supplies, and services--
``(A) to military forces of a friendly foreign country
solely for the purpose of enhancing the interoperability of the
logistical support systems of military forces participating in
a combined operation with the United States in order to
facilitate such operation; or
``(B) to a nonmilitary logistics, security, or similar
agency of a friendly foreign government if such provision would
directly benefit the armed forces under the jurisdiction of the
Secretary of Defense.
``(3) Procurement of equipment for the purpose of the loan of
such equipment to the military forces of a friendly foreign country
participating in a United States-supported coalition or combined
operation and the loan of such equipment to those forces to enhance
capabilities or to increase interoperability with the armed forces
under the jurisdiction of the Secretary of Defense and other
coalition partners.
``(4) Provision of specialized training to personnel of
friendly foreign countries in connection with such an operation,
including training of such personnel before deployment in
connection with such operation.
``(5) Small-scale construction to support military forces of a
friendly foreign country participating in a United States-supported
coalition or combined operation when the construction is directly
linked to the ability of such forces to participate in such
operation effectively and is limited to the geographic area where
such operation is taking place.
``(d) Certification Required.--
``(1) Operations in which the united states is not
participating.--The Secretary of Defense may provide support under
subsection (a) to a friendly foreign country with respect to an
operation in which the United States is not participating only--
``(A) if the Secretary of Defense and the Secretary of
State jointly certify to the appropriate committees of Congress
that the operation is in the national security interests of the
United States; and
``(B) after the expiration of the 15-day period beginning
on the date of such certification.
``(2) Accompanying report.--Any certification under paragraph
(1) shall be accompanied by a report that includes the following:
``(A) A description of the operation, including the
geographic area of the operation.
``(B) A list of participating countries.
``(C) A description of the type of support and the duration
of support to be provided.
``(D) A description of the national security interests of
the United States supported by the operation.
``(E) Such other matters as the Secretary of Defense and
the Secretary of State consider significant to a consideration
of such certification.
``(e) Secretary of State Concurrence.--The provision of support
under subsection (a) may be made only with the concurrence of the
Secretary of State.
``(f) Support Otherwise Prohibited by Law.--The Secretary of
Defense may not use the authority in subsection (a) to provide any type
of support described in subsection (c) that is otherwise prohibited by
any provision of law.
``(g) Limitations on Value.--
``(1) The aggregate value of all logistic support, supplies,
and services provided under paragraphs (1), (4), and (5) of
subsection (c) in any fiscal year may not exceed $450,000,000.
``(2) The aggregate value of all logistic support, supplies,
and services provided under subsection (c)(2) in any fiscal year
may not exceed $5,000,000.
``(h) Logistic Support, Supplies, and Services Defined.--In this
section, the term `logistic support, supplies, and services' has the
meaning given that term in section 2350(1) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 3 of such title is amended by striking the item relating to
section 127d.
(c) Conforming Repeal.--Section 1207 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1040; 10 U.S.C. 2282 note) is repealed.
SEC. 1246. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1241(a)(3) of this Act, is amended by inserting after the table
of sections at the beginning of subchapter V a new section 341
consisting of--
(1) a heading as follows:
``Sec. 341. Department of Defense State Partnership Program''; and
(2) a text consisting of subsections (a) through (g) of section
1205 of the National Defense Authorization Act for Fiscal Year 2014
(32 U.S.C. 107 note).
(b) Prohibition on Activities With Units Having Committed Gross
Violations of Human Rights.--Subsection (b) of section 341 of title 10,
United States Code, as added by subsection (a) of this section, is
amended--
(1) by striking `` (b) Limitation.--An activity'' and inserting
the following:
``(b) Limitations.--
``(1) In general.--An activity''; and
(2) by adding at the end the following new paragraph:
``(2) Prohibition on activities with units that have committed
gross violations of human rights.--The conduct of any activities
under a program established under subsection (a) shall be subject
to the provisions of section 362 of this title.''.
(c) Revisions To Strike Obsolete Provisions and Conform to
Provisions in New Chapter.--Such section 341, as so added, is further
amended--
(1) by striking subsection (d) and inserting the following new
subsection (d):
``(d) Regulations.--This section shall be carried out in accordance
with such regulations as the Secretary of Defense shall prescribe for
purposes of this section. Such regulations shall include accounting
procedures to ensure that expenditures of funds to carry out this
section are accounted for and appropriate.''; and
(2) in subsection (g), by striking ``under title 10'' and all
that follows and inserting ``under title 10 as in effect on
December 26, 2013.''.
(d) Annual Reports.--
(1) Reports under codified authority.--Subsection (f) of such
section 341, as so added, is amended--
(A) by striking ``(f) Reports and Notifications.--'' and
all that follows through ``(B) Matters to be included.--'' and
inserting the following:
``(f) Annual Reports.--
``(1) In general.--Not later than February 1 following each of
fiscal years 2016, 2017, and 2018, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
activities under each program established under subsection (a)
during such fiscal year.
``(2) Matters to be included.--''; and
(B) in paragraph (2), as redesignated by subparagraph (A)
of this paragraph--
(i) by redesignating clauses (i) through (vi) as
subparagraphs (A) through (F), respectively, and realigning
the margin of each such subparagraph two ems to the left;
and
(ii) in subparagraph (F), as redesignated by clause (i)
of this subparagraph, by striking ``clause (v)'' and
inserting ``subparagraph (E)''.
(2) Reports under codified reporting authority in new chapter
on security cooperation activities.--Effective as of January 1,
2020--
(A) section 386(c)(1) of title 10, United States Code, as
added by section 1251(d)(1) of this Act, is amended by
inserting ``341,'' after ``333,''; and
(B) section 341 of title 10, United States Code, as added
and amended by this section, is further amended--
(i) by striking subsection (f); and
(ii) by redesignating subsection (g) as subsection (f).
(e) Conforming Repeal.--Section 1205 of the National Defense
Authorization Act for Fiscal Year 2014 is repealed.
SEC. 1247. TRANSFER OF AUTHORITY ON REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM.
(a) Transfer and Redesignation.--Section 2249c of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
section 1241(a)(3) of this Act, inserted after section 344, as
transferred and redesignated by section 1241(g) of this Act, and
redesignated as section 345.
(b) Conforming Amendment in Connection With Transfer to New
Chapter.--Subsection (c) of such section 345, as so transferred and
redesignated, is amended by striking ``to Congress'' and inserting ``to
the appropriate committees of Congress''.
(c) Heading Amendment.--The heading of such section 345, as so
transferred and redesignated, is amended to read as follows:
``Sec. 345. Regional Defense Combating Terrorism Fellowship Program''.
(d) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 134 of such title is amended by striking the
item relating to section 2249c.
SEC. 1248. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY
INTERNATIONAL ENGAGEMENT.
(a) Consolidation of Authorities.--Chapter 16 of title 10, United
States Code, as added by section 1241(a)(3) of this Act, is amended by
inserting after section 346, as transferred and redesignated by section
1241(h) of this Act, the following new section:
``Sec. 347. International engagement authorities for service academies
``(a) Selection of Persons From Foreign Countries To Receive
Instruction at Service Academies.--
``(1) Attendance authorized.--
``(A) In general.--The Secretary of each military
department may permit persons from foreign countries to receive
instruction at the Service Academy under the jurisdiction of
the Secretary. Such persons shall be in addition to--
``(i) in the case of the United States Military
Academy, the authorized strength of the Corps of the Cadets
of the Academy under 4342 of this title;
``(ii) in the case of the United States Naval Academy,
the authorized strength of the Brigade of Midshipmen of the
Academy under section 6954 of this title; and
``(iii) in the case of the United States Air Force
Academy, the authorized strength of the Cadet Wing of the
Academy under 9342 of this title.
``(B) Limitation on number.--The number of persons
permitted to receive instruction at each Service Academy under
this subsection may not be more than 60 at any one time.
``(2) Determination of foreign countries from which persons may
be selected.--The Secretary of a military department, upon approval
by the Secretary of Defense, shall determine--
``(A) the countries from which persons may be selected for
appointment under this subsection to the Service Academy under
the jurisdiction of that Secretary; and
``(B) the number of persons that may be selected from each
country.
``(3) Qualifications and selection.--The Secretary of each
military department--
``(A) may establish entrance qualifications and methods of
competition for selection among individual applicants under
this subsection; and
``(B) shall select those persons who will be permitted to
receive instruction at the Service Academy under the
jurisdiction of the Secretary under this subsection.
``(4) Selection priority to persons with national service
obligation upon graduation.--In selecting persons to receive
instruction under this subsection from among applicants from the
countries approved under paragraph (2), the Secretary of the
military department concerned shall give a priority to persons who
have a national service obligation to their countries upon
graduation from the Service Academy concerned.
``(5) Pay, allowances, and emoluments of persons admitted.--A
person receiving instruction under this subsection is entitled to
the pay, allowances, and emoluments of a cadet or midshipman
appointed from the United States, and from the same appropriations.
``(6) Reimbursement of costs by foreign countries from which
persons are admitted.--
``(A) Reimbursement required.--Each foreign country from
which a cadet or midshipman is permitted to receive instruction
at one of the Service Academies under this subsection shall
reimburse the United States for the cost of providing such
instruction, including the cost of pay, allowances, and
emoluments provided under paragraph (5). The Secretaries of the
military departments shall prescribe the rates for
reimbursement under this paragraph, except that the
reimbursement rates may not be less than the cost to the United
States of providing such instruction, including pay,
allowances, and emoluments, to a cadet or midshipman appointed
from the United States.
``(B) Waiver authority.--The Secretary of Defense may
waive, in whole or in part, the requirement for reimbursement
of the cost of instruction for a cadet or midshipman under
subparagraph (A). In the case of a partial waiver, the
Secretary of Defense shall establish the amount waived.
``(7) Applicability of academy regulations, etc..--
``(A) In general.--Except as the Secretary of the military
department concerned determines, a person receiving instruction
under this subsection at the Service Academy under the
jurisdiction of that Secretary is subject to the same
regulations governing admission, attendance, discipline,
resignation, discharge, dismissal, and graduation as a cadet or
midshipman at that Academy appointed from the United States.
``(B) Classified information.--The Secretary of the
military department concerned may prescribe regulations with
respect to access to classified information by a person
receiving instruction under this subsection at the Service
Academy under the jurisdiction of that Secretary that differ
from the regulations that apply to a cadet or midshipman at
that Academy appointed from the United States.
``(8) Ineligibility for appointment in the united states armed
forces.--A person receiving instruction at a Service Academy under
this subsection is not entitled to an appointment in an armed force
of the United States by reason of graduation from the Academy.
``(9) Inapplicability of requirement for taking oath of
admission.--A person receiving instruction under this subsection is
not subject to section 4346(d), 6958(d), or 9346(d) of this title,
as the case may be.
``(b) Exchange Programs With Foreign Military Academies.--
``(1) Exchange programs authorized.--The Secretary of a
military department may permit a student enrolled at a military
academy of a foreign country to receive instruction at the Service
Academy under the jurisdiction of that Secretary in exchange for a
cadet or midshipman receiving instruction at that foreign military
academy pursuant to an exchange agreement entered into between the
Secretary and appropriate officials of the foreign country. A
student receiving instruction at a Service Academy under the
exchange program under this subsection shall be in addition to
persons receiving instruction at the Academy under subsection (a).
``(2) Limitations on number and duration of exchanges.--An
exchange agreement under this subsection between the Secretary and
a foreign country shall provide for the exchange of students on a
one-for-one basis each fiscal year. Not more than 100 cadets or
midshipmen from each Service Academy and a comparable number of
students from foreign military academies participating in the
exchange program may be exchanged during any fiscal year. The
duration of an exchange may not exceed the equivalent of one
academic semester at a Service Academy.
``(3) Costs and expenses.--
``(A) No pay and allowances.--A student from a military
academy of a foreign country is not entitled to the pay,
allowances, and emoluments of a cadet or midshipman by reason
of attendance at a Service Academy under the exchange program,
and the Department of Defense may not incur any cost of
international travel required for transportation of such a
student to and from the sponsoring foreign country.
``(B) Subsistence, transportation, etc..--The Secretary of
the military department concerned may provide a student from a
foreign country under the exchange program, during the period
of the exchange, with subsistence, transportation within the
continental United States, clothing, health care, and other
services to the same extent that the foreign country provides
comparable support and services to the exchanged cadet or
midshipman in that foreign country.
``(C) Source of funds.--A Service Academy shall bear all
costs of the exchange program from funds appropriated for that
Academy and from such additional funds as may be available to
that Academy from a source, other than appropriated funds, to
support cultural immersion, regional awareness, or foreign
language training activities in connection with the exchange
program.
``(D) Limitation on expenditures.--Expenditures in support
of the exchange program from funds appropriated for each
Academy may not exceed $1,000,000 during any fiscal year.
``(4) Application of other laws.--Paragraphs (7), (8), and (9)
of subsection (a) shall apply with respect to a student enrolled at
a military academy of a foreign country while attending a Service
Academy under the exchange program.
``(5) Regulations.--The Secretary of the military department
concerned shall prescribe regulations to implement this subsection.
Such regulations may include qualification criteria and methods of
selection for students of foreign military academies to participate
in the exchange program.
``(c) Foreign and Cultural Exchange Activities.--
``(1) Attendance authorized.--The Secretary of a military
department may authorize the Service Academy under the jurisdiction
of that Secretary to permit students, officers, and other
representatives of a foreign country to attend that Academy for
periods of not more than four weeks if the Secretary determines
that the attendance of such persons contributes significantly to
the development of foreign language, cross-cultural interactions
and understanding, and cultural immersion of cadets or midshipmen,
as the case may be.
``(2) Effect of attendance.--Persons attending a Service
Academy under paragraph (1) are not considered to be students
enrolled at that Academy and are in addition to persons receiving
instruction at that Academy under subsection (a) or (b).
``(3) Financial matters.--
``(A) Costs and expenses.--The Secretary of a military
department may pay the travel, subsistence, and similar
personal expenses of persons incurred to attend the Service
Academy under the jurisdiction of that Secretary under
paragraph (1).
``(B) Source of funds.--Each Service Academy shall bear the
costs of the attendance of persons at that Academy under
paragraph (1) from funds appropriated for that Academy and from
such additional funds as may be available to that Academy from
a source, other than appropriated funds, to support cultural
immersion, regional awareness, or foreign language training
activities in connection with their attendance.
``(C) Limitation on expenditures.--Expenditures from
appropriated funds in support of activities under this
subsection for any Service Academy may not exceed $40,000
during any fiscal year.
``(d) Service Academy Defined.--In this section, the term `Service
Academy' means the following:
``(1) The United States Military Academy.
``(2) The United States Naval Academy.
``(3) The United States Air Force Academy.''.
(b) Conforming Repeals.--
(1) Repeals.--Sections 4344, 4345, 4345a, 6957, 6957a, 6957b,
9344, 9345, and 9345a of title 10, 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. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERATION PROGRAMS
AND ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 16 of title 10, United States Code, as
added by section 1241(a)(3) of this Act, is amended by inserting after
the table at the beginning of subchapter VII the following new section:
``Sec. 381. Consolidated budget
``(a) Consolidated Budget.--The budget of the President for each
fiscal year, as submitted to Congress by the President pursuant to
section 1105 of title 31, shall set forth by budget function and as a
separate item the amounts requested for the Department of Defense for
such fiscal year for all security cooperation programs and activities
of the Department of Defense, including the military departments, to be
conducted in such fiscal year, including the specific country or region
and the applicable authority, to the extent practicable.
``(b) Quarterly Report on Use of Funds.--Not later than 30 days
after the end of each calendar quarter, the Secretary shall submit to
the appropriate committees of Congress a report on the obligation and
expenditure of funds for security cooperation programs and activities
of the Department of Defense during such calendar quarter.''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act, and shall apply as
follows:
(1) Subsection (a) of section 381 of title 10, United States
Code, as added by subsection (a), shall apply to budgets submitted
to Congress by the President pursuant to section 1105 of title 31,
United States Code, for each fiscal year after fiscal year 2018.
(2) Subsection (b) of such section 381, as so added, shall
apply to calendar quarters beginning on or after the date of the
enactment of this Act.
SEC. 1250. DEPARTMENT OF DEFENSE SECURITY COOPERATION WORKFORCE
DEVELOPMENT.
(a) In General.--Chapter 16 of title 10, United States Code, as
added by section 1241(a)(3) of this Act, is amended by inserting after
section 383, as added by section 1241(m) of this Act, the following new
section:
``Sec. 384. Department of Defense security cooperation workforce
development
``(a) Program Required.--The Secretary of Defense shall carry out a
program to be known as the `Department of Defense Security Cooperation
Workforce Development Program' (in this section referred to as the
`Program') to oversee the development and management of a professional
workforce supporting security cooperation programs and activities of
the Department of Defense, including--
``(1) assessment, planning, monitoring, execution, evaluation,
and administration of such programs and activities under this
chapter; and
``(2) execution of security assistance programs and activities
under the Foreign Assistance Act of 1961 and the Arms Export
Control Act by the Department of Defense.
``(b) Purpose.--The purpose of the Program is to improve the
quality and professionalism of the security cooperation workforce in
order to ensure that the workforce--
``(1) has the capacity, in both personnel and skills, needed to
properly perform its mission, provide appropriate support to the
assessment, planning, monitoring, execution, evaluation, and
administration of security cooperation programs and activities
described in subsection (a), and ensure that the Department
receives the best value for the expenditure of public resources on
such programs and activities; and
``(2) is assigned in a manner that ensures personnel with the
appropriate level of expertise and experience are assigned in
sufficient numbers to fulfill requirements for the security
cooperation programs and activities of the Department of Defense
and the execution of security assistance programs and activities
described in subsection (a)(2).
``(c) Elements.--The Program shall consist of such elements
relating to the development and management of the security cooperation
workforce as the Secretary considers appropriate for the purposes
specified in subsection (b), including elements on training,
certification, assignment, and career development of personnel of the
security cooperation workforce.
``(d) Management.--The Program shall be managed by the Director of
the Defense Security Cooperation Agency.
``(e) Guidance.--
``(1) Interim guidance.--Not later than 180 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2017, the Secretary shall issue interim guidance for
the execution and administration of the Program.
``(2) Final guidance.--Not later than one year after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2017, the Secretary shall issue final guidance for the
execution and administration of the Program.
``(3) Scope of guidance.--The guidance shall do the following:
``(A) Provide direction to the Department of Defense on the
establishment of professional career paths for the personnel of
the security cooperation workforce, addressing training and
education standards, promotion opportunities and requirements,
retention policies, and scope of workforce demands.
``(B) Provide for a mechanism to identify and define
training and certification requirements for security
cooperation positions in the Department and a means to track
workforce skills and certifications.
``(C) Provide for a mechanism to establish a program of
professional certification in Department of Defense security
cooperation for personnel of the security cooperation workforce
in different career tracks and levels of competency based on
requisite training and experience.
``(D) Establish requirements for training and professional
development associated with each level of certification
provided for under subparagraph (C).
``(E) Establish and maintain a school to train, educate,
and certify the security cooperation workforce according to
standards developed for purposes of subparagraph (C).
``(F) Provide for a mechanism for assigning appropriately
certified personnel of the security cooperation workforce to
assignments associated with key positions in connection with
security cooperation programs and activities.
``(G) Identify the appropriate composition of career and
temporary personnel necessary to constitute the security
cooperation workforce.
``(H) Identify specific positions throughout the security
cooperation workforce to be managed and assigned through the
Program.
``(f) Source of Funds.--
``(1) In general.--Funds available to the Defense Security
Cooperation Agency, and other funds available to the Department of
Defense for security cooperation programs and activities of the
Department of Defense, may be used to carry out the Program.
``(2) Budget justification.--Funds necessary to carry out the
Program as described in paragraph (1) for a fiscal year shall be
identified, with appropriate justification, in the consolidated
budget for such fiscal year required by section 381 of this title.
``(g) Use of Funds.--Amounts available for use for the Program may
be transferred to any account of the military departments or the
Defense Agencies for purposes of the Program.
``(h) Security Cooperation Workforce Defined.--In this section, the
term `security cooperation workforce' means the following:
``(1) Members of the armed forces and civilian employees of the
Department of Defense working in the security cooperation
organizations of United States missions overseas.
``(2) Members of the armed forces and civilian employees of the
Department of Defense in the geographic combatant commands and
functional combatant commands responsible for planning, monitoring,
or conducting security cooperation activities.
``(3) Members of the armed forces and civilian employees of the
Department of Defense in the military departments performing
security cooperation activities, including activities in connection
with the acquisition and development of technology release
policies.
``(4) Other military and civilian personnel of Defense Agencies
and Field Activities who perform security cooperation activities.
``(5) Personnel of the Department of Defense who perform
assessments, monitoring, or evaluations of security cooperation
programs and activities of the Department of Defense, including
assessments under section 383 of this title.
``(6) Other members of the armed forces or civilian employees
of the Department of Defense who contribute significantly to the
security cooperation programs and activities of the Department of
Defense by virtue of their assigned duties, as determined pursuant
to the guidance issued under subsection (e).''.
(b) Reports on Workforce Development.--
(1) In general.--Not later than March 1, 2018, and each year
thereafter through 2021, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the Department
of Defense Security Cooperation Workforce Development Program
required by section 384 of title 10, United States Code, as added
by subsection (a), for the fiscal year beginning in the year in
which such report is submitted.
(2) Elements.--Each report under this subsection shall include,
for the fiscal year covered by such report, the following:
(A) The funds requested or allocated for the Department of
Defense Security Cooperation Workforce Development Program and
for the security cooperation workforce.
(B) A description of how the funds identified pursuant to
subparagraph (A) will be implemented for the following:
(i) To address any gaps in the skills and competencies
of the current or anticipated security cooperation
workforce
(ii) To provide incentives to retain qualified,
experienced personnel in the security cooperation
workforce.
(iii) To provide incentives to attract and recruit new,
high-quality personnel to the security cooperation
workforce.
(C) Any other matters the Secretary considers appropriate.
(3) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress'' has the
meaning given that term in section 301(1) of title 10, United
States Code, as added by section 1241(a)(3) of this Act.
(B) The term ``security cooperation workforce'' has the
meaning given that term in section 384(h) of title 10, United
States Code, as added by subsection (a).
SEC. 1251. REPORTING REQUIREMENTS.
(a) Codification in New Chapter on Security Cooperation
Activities.--Chapter 16 of title 10, United States Code, as added by
section 1241(a)(3) of this Act, is amended by inserting after section
385, as added by section 1241(m) of this Act, a new section 386
consisting of--
(1) a heading as follows:
``Sec. 386. Annual report''; and
(2) a text consisting of subsections (a) through (e) of section
1211 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3544).
(b) Revisions To Provide for Permanent, Annual Report.--Subsection
(a) of section 386 of title 10, United States Code, as added by
subsection (a) of this section, is amended--
(1) by striking ``Biennial'' and all that follows through ``the
Secretary of Defense'' and inserting ``Annual Report Required.--Not
later than January 31 of each year beginning in 2018, the Secretary
of Defense'';
(2) by striking ``congressional defense committees'' and
inserting ``appropriate congressional committees'';
(3) by inserting ``under the authorities in subsection (c)''
after ``Department of Defense'';
(4) by striking ``security assistance'' and inserting
``assistance'';
(5) by striking ``the two fiscal years'' and inserting ``the
fiscal year''; and
(6) by striking ``under the authorities in subsection (c)''
after ``submitted''.
(c) Elements of Report.--Subsection (b) of such section 386, as so
added, is amended--
(1) in paragraph (1), by inserting ``, duration,'' after
``purpose'';
(2) in paragraph (2), by striking ``The cost'' and inserting
``The cost and expenditures'';
(3) by adding at the end the following:
``(4) For each foreign country in which defense articles,
defense services, supplies (including consumables), small-scale
construction, or reimbursement were provided, a description of the
extent of participation, if any, by the military forces and
security forces or other government organizations of such foreign
country.
``(5) The number of members of the United States armed forces
involved in providing such defense articles, defense services,
supplies (including consumables), and small-scale construction,
and, if applicable, a description of the military benefits for such
members involved in providing such training, equipment, or
assistance.
``(6) A summary, by authority, of the activities carried out
under each authority specified in subsection (c).''.
(d) Modification to Specified Authorities.--Subsection (c) of such
section 386, as so added, is amended--
(1) by striking paragraph (1) and inserting the following new
paragraph (1):
``(1) Sections 311, 321, 331, 332, 333, 344, 348, 349, and 350
of this title.'';
(2) by striking paragraphs (4), (5), (7), (10), (11), and (12);
(3) by redesignating paragraphs (6), (8), (9), and (13) through
(16) as paragraphs (4) through (10), respectively;
(4) by inserting after paragraph (10), as redesignated by
paragraph (3) of this subsection, the following new paragraphs:
``(11) Section 401 of this title, relating to humanitarian and
civic assistance provided in conjunction with military operations.
``(12) Section 1206 of the Carl Levin and Howard P. `Buck'
McKeon National Defense Authorization Act for Fiscal Year 2015 (128
Stat. 3538; 10 U.S.C. 2282 note), relating to authority to conduct
human rights training of security forces and associated security
ministries of foreign countries.'';
(5) by redesignating paragraph (17) as paragraph (13); and
(6) by striking ``of title 10, United States Code'' each place
it appears and inserting ``of this title''.
(e) Modification of Nonduplication of Effort Requirement.--
Subsection (d) of such section 386, as so added, is amended--
(1) by striking ``If any information'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), if any
information''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--Paragraph (1) does not apply with respect to
information required under subsection (a) that is required to be
submitted as described in paragraphs (1) and (2) of subsection
(b).''.
(f) Form.--Subsection (e) of such section 386, as so added, is
amended by inserting ``that may also include other sensitive
information'' after ``annex''.
(g) Conforming Repeal.--Section 1211 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 is repealed.
SEC. 1252. QUADRENNIAL REVIEW OF SECURITY SECTOR ASSISTANCE PROGRAMS
AND AUTHORITIES OF THE UNITED STATES GOVERNMENT.
(a) Statement of Policy.--It is the policy of the United States
that the principal goals of the security sector assistance programs and
authorities of the United States Government are as follows:
(1) To assist partner nations in building sustainable
capability to address common security challenges with the United
States.
(2) To promote partner nation support for United States
interests.
(3) To promote universal values, such as good governance,
transparent and accountable oversight of security forces, rule of
law, transparency, accountability, delivery of fair and effective
justice, and respect for human rights.
(4) To strengthen collective security and multinational defense
arrangements and organizations of which the United States is a
participant.
(b) Quadrennial Review.--
(1) Review required.--Not later than January 31, 2018, and
every four years thereafter though 2034, the President shall
complete a review of the security sector assistance programs,
policies, authorities, and resources of the United States
Government across the United States Government.
(2) Elements.--Each review under this subsection shall include
the following:
(A) An examination whether the current security sector
assistance programs, policies, authorities, and resources of
the United States Government are sufficient to achieve the
goals specified in subsection (a), and an identification of any
gaps or shortfalls needing mitigation.
(B) An examination of the success of such programs and
resources in achieving such goals, based on a review of
relevant departmental and interagency programmatic and
strategic evaluations.
(C) An examination of the extent to which the security
sector assistance of the United States Government is aligned
with national security and foreign policy objectives, conducted
in support of clear and coherent policy guidance, and planned
and executed in accordance with identified best practices.
(D) The development of recommendations, as appropriate, for
improving the security sector assistance programs, policies,
authorities, and resources of the United States Government to
more effectively achieve the goals specified in subsection (a)
and support other national security objectives.
(3) Submittal to congress.--Not later than 60 days after the
completion of a review under this subsection, the President shall
submit to the appropriate committees of Congress a report setting
forth a summary of the review, including any recommendations
developed pursuant to paragraph (2)(D).
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' has the
meaning given that term in section section 301(1) of title 10,
United States Code, as added by section 1241(a)(3) of this Act.
SEC. 1253. OTHER CONFORMING AMENDMENTS AND AUTHORITY FOR
ADMINISTRATION.
(a) Repeal of Other Superseded, Obsolete, or Duplicative
Statutes.--
(1) In general.--The following provisions of title 10, United
States Code, are repealed:
(A) Section 168, relating to military-to-military contacts
and comparable activities.
(B) Section 1051c, relating to assignment of members of
foreign military forces to improve education and training in
information security through multilateral, bilateral, or
regional cooperation programs.
(C) Section 2562, relating to a limitation on use of excess
construction or fire equipment from Department of Defense
stocks in foreign assistance or military sales programs.
(D) Sections 4681 and 9681, relating to sale of surplus war
material to States and foreign governments.
(2) Clerical amendments.--Title 10, United States Code, is
amended as follows:
(A) The table of sections at the beginning of chapter 6 is
amended by striking the item relating to section 168.
(B) The table of sections at the beginning of chapter 53 is
amended by striking the item relating to section 1051c.
(C) The table of sections at the beginning of chapter 152
is amended by striking the item relating to section 2562.
(D) The table of sections at the beginning of chapter 443
is amended by striking the item relating to section 4681.
(E) The table of sections at the beginning of chapter 943
is amended by striking the item relating to section 9681.
(b) Savings Clause.--Any determination or other action made or
taken before the date of the enactment of this Act under a provision of
law transferred or repealed by this subchapter that is in effect as of
the date of the enactment of this Act and is necessary for the
administration of a successor authority to such provision of law under
chapter 16 of title 10, United States Code, by reason of the enactment
of such chapter by this subchapter shall remain in effect, in
accordance with the terms of such determination or action when made or
taken, for purposes of the administration of such successor authority.
(c) Report on Discharge of Certain Activities Under New Security
Cooperation Authority.--
(1) In general.--Not later than October 1, 2017, the Secretary
of Defense shall submit to the congressional defense committees a
report setting forth a description of any gaps that exist between
applicable authorities in chapter 16 of title 10, United States
Code, as added by section 1241(a)(3) of this Act, and the current
law or other authorities under which activities under the
initiatives specified in paragraph (2) are carried out.
(2) Initiatives.--The initiatives specified in this paragraph
are the following:
(A) The Southeast Asia Maritime Security Initiative.
(B) The Ukraine Security Assistance Initiative.
(3) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of each discrete set of activities under
an initiative specified in paragraph (2) for which gaps exist
between the applicable authorities in chapter 16 of title 10,
United States Code, as so added, and current law or other
authorities under which such activities are carried out.
(B) For each discrete set of activities covered by
subparagraph (A), the following:
(i) A description of the gaps described in subparagraph
(A).
(ii) Recommendations for legislative or administrative
action to address such gaps.

Subtitle F--Human Rights Sanctions

SEC. 1261. SHORT TITLE.
This subtitle may be cited as the ``Global Magnitsky Human Rights
Accountability Act''.
SEC. 1262. DEFINITIONS.
In this subtitle:
(1) Foreign person.--The term ``foreign person'' has the
meaning given that term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of the
enactment of this Act).
(2) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally recognized
human rights'' has the meaning given that term in section
502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(d)(1)).
(3) Person.--The term ``person'' has the meaning given that
term in section 591.308 of title 31, Code of Federal Regulations
(as in effect on the day before the date of the enactment of this
Act).
(4) United states person.--The term ``United States person''
has the meaning given that term in section 595.315 of title 31,
Code of Federal Regulations (as in effect on the day before the
date of the enactment of this Act).
SEC. 1263. 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 jointly by the chairperson and ranking
member of each of the appropriate congressional committees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of human
rights.
(d) Requests by Appropriate Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with respect
to whether a foreign person has engaged in an activity described in
subsection (a), the President shall--
(A) determine if that person has engaged in such an
activity; and
(B) submit a classified or unclassified report to the
chairperson and ranking member of the committee or committees
that submitted the request with respect to that determination
that includes--
(i) a statement of whether or not the President imposed
or intends to impose sanctions with respect to the person;
and
(ii) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(2) Requirements.--
(A) Requests relating to human rights violations.--A
request under paragraph (1) with respect to whether a foreign
person has engaged in an activity described in paragraph (1) or
(2) of subsection (a) shall be submitted to the President in
writing jointly by the chairperson and ranking member of one of
the appropriate congressional committees.
(B) Requests relating to corruption.--A request under
paragraph (1) with respect to whether a foreign person has
engaged in an activity described in paragraph (3) or (4) of
subsection (a) shall be submitted to the President in writing
jointly by the chairperson and ranking member of--
(i) one of the appropriate congressional committees of
the Senate; and
(ii) one of the appropriate congressional committees of
the House of Representatives.
(e) Exception To Comply With United Nations Headquarters Agreement
and Law Enforcement Objectives.--Sanctions under subsection (b)(1)
shall not apply to an individual if admitting the individual into the
United States would further important law enforcement objectives or is
necessary to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other applicable
international obligations of the United States.
(f) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of a
sanction described in subsection (b)(2) that is imposed by the
President or any regulation, license, or order issued to carry out such
a sanction shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that commits
an unlawful act described in subsection (a) of that section.
(g) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not engage
in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant change
in behavior, has paid an appropriate consequence for the activity
for which sanctions were imposed, and has credibly committed to not
engage in an activity described in subsection (a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(h) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(i) Identification of Sanctionable Foreign Persons.--The Assistant
Secretary of State for Democracy, Human Rights, and Labor, in
consultation with the Assistant Secretary of State for Consular Affairs
and other bureaus of the Department of State, as appropriate, is
authorized to submit to the Secretary of State, for review and
consideration, the names of foreign persons who may meet the criteria
described in subsection (a).
(j) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Banking, Housing, and Urban Affairs and
the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1264. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a report
that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 1263 during the
year preceding the submission of the report;
(2) a description of the type of sanctions imposed with respect
to each such person;
(3) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 1263(a) during that
year; and
(B) terminated sanctions under section 1263(g) during that
year;
(4) the dates on which such sanctions were imposed or
terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions; and
(6) a description of the efforts of the President to encourage
the governments of other countries to impose sanctions that are
similar to the sanctions authorized by section 1263.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 120 days after the date
of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a subsequent
report under subsection (a) on December 10, or the first day
thereafter on which both Houses of Congress are in session,
of--
(i) the calendar year in which the initial report is
submitted if the initial report is submitted before
December 10 of that calendar year; and
(ii) each calendar year thereafter.
(B) Congressional statement.--Congress notes that December
10 of each calendar year has been recognized in the United
States and internationally since 1950 as ``Human Rights Day''.
(c) Form of Report.--
(1) In general.--Each report required by subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(2) Exception.--The name of a foreign person to be included in
the list required by subsection (a)(1) may be submitted in the
classified annex authorized by paragraph (1) only if the
President--
(A) determines that it is vital for the national security
interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this subtitle; and
(C) not later than 15 days before submitting the name in a
classified annex, provides to the appropriate congressional
committees notice of, and a justification for, including the
name in the classified annex despite any publicly available
credible information indicating that the person engaged in an
activity described in section 1263(a).
(d) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the public,
including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the requirements of
section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) with respect to confidentiality of records pertaining to
the issuance or refusal of visas or permits to enter the United
States.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign Relations, and
the Committee on the Judiciary of the Senate; and
(2) the Committee on Appropriations, the Committee on Financial
Services, the Committee on Foreign Affairs, and the Committee on
the Judiciary of the House of Representatives.
SEC. 1265. SUNSET.
(a) In General.--The authority to impose sanctions under this
subtitle shall terminate on the date that is 6 years after the date of
the enactment of this Act.
(b) Continuation in Effect of Sanctions.--Sanctions imposed under
this subtitle on or before the date specified in subsection (a), and in
effect as of such date, shall remain in effect until terminated in
accordance with the requirements of section 1263(g).

Subtitle G--Miscellaneous Reports

SEC. 1271. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
(a) Annual Report.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 781; 10 U.S.C. 113 note) is amended by striking ``March 1 each
year'' and inserting ``January 31 of each year through January 31,
2021''.
(b) Matters To Be Included.--Subsection (b) of such section, as
most recently amended by section 1252(a) of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3571), is further amended by adding
at the end the following:
``(21) A summary of the order of battle of the People's
Liberation Army, including anti-ship ballistic missiles, theater
ballistic missiles, and land attack cruise missile inventory.
``(22) A description of the People's Republic of China's
military and nonmilitary activities in the South China Sea.''.
(c) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to reports required to be submitted under subsection (a) of section
1202 of the National Defense Authorization Act for Fiscal Year 2000 on
or after that date.
SEC. 1272. MONITORING AND EVALUATION OF OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Of the amounts authorized to be appropriated by
this Act for Overseas Humanitarian, Disaster, and Civic Aid, the
Secretary of Defense is authorized to use up to 5 percent of such
amounts to conduct monitoring and evaluation of programs that are
funded using such amounts during fiscal years 2017 and 2018.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
appropriate congressional committees a briefing on mechanisms to
evaluate the programs conducted pursuant to the authorities listed in
subsection (a).
(c) Definition.--In subsection (b), the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1273. STRATEGY FOR UNITED STATES DEFENSE INTERESTS IN AFRICA.
(a) Required Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the congressional defense
committees a report that contains the strategy for United States
defense interests in Africa.
(b) Matters To Be Included.--The report required by subsection (a)
shall address the following:
(1) United States national security interests in Africa,
including an assessment of threats to global and regional United
States national security interests emanating from the continent.
(2) United States defense objectives in Africa.
(3) Courses of action to accomplish United States defense
objectives in Africa, including those conducted in cooperation with
other Federal agencies.
(4) Measures to improve coordination between United States
Africa Command and other combatant commands to achieve unity of
effort to counter threats that cross combatant command boundaries.
(5) Department of Defense capabilities and resources required
to achieve defense objectives in Africa, and the mitigation plan to
address any gaps in such capabilities or resources that affect the
implementation of the strategy required by subsection (a).
(6) Security cooperation initiatives to advance defense
objectives in Africa.
(7) Any other matters the Secretary of Defense determines to be
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary.
SEC. 1274. REPORT ON THE POTENTIAL FOR COOPERATION BETWEEN THE UNITED
STATES AND ISRAEL ON DIRECTED ENERGY CAPABILITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the potential for
cooperative development by the United States and Israel of a directed
energy capability to defeat ballistic missiles, cruise missiles,
unmanned aerial vehicles, mortars, and improvised explosive devices
that threaten the United States, deployed forces of the United States,
or Israel. The report shall include the following:
(1) An assessment of the technological maturity of United
States and Israeli directed energy capabilities to defeat adversary
threat systems.
(2) An assessment of the respective military capability gaps of
each country that such directed energy developments could address.
(3) An assessment of the opportunities for the United States
and Israel to cooperate to develop directed energy capabilities to
defeat adversary threat systems, including estimated costs of
pursuing such opportunities.
(4) An assessment of whether such opportunities should be
pursued, including any potential risks from the pursuit of such
opportunities.
(5) Any other matters the Secretary considers appropriate.
(b) Form.--The report shall be submitted in unclassified form, but
may include a classified annex.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1275. ANNUAL UPDATE OF DEPARTMENT OF DEFENSE FREEDOM OF NAVIGATION
REPORT.
(a) In General.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives on an annual basis a report setting forth an update of
the most current Department of Defense Freedom of Navigation Report
under the Freedom of Navigation Operations (FONOPS) program. The
purpose of each report shall be to document the types and locations of
excessive claims that the Armed Forces of the United States have
challenged in the previous year in order to preserve the rights,
freedoms, and uses of the sea and airspace guaranteed to all countries
by international law.
(b) Elements.--Each report under this section shall include, for
the year covered by such report, the following:
(1) Each excessive maritime claim challenged by the United
States under the program referred to in subsection (a), including
the country making each such claim.
(2) The nature of each claim, including the geographic location
or area covered by such claim (including the body of water and
island grouping, when applicable).
(3) The specific legal challenge asserted through the program.
(c) Form.--Each report under this section shall be submitted in
unclassified form.
(d) Sunset.--No report is required under this section after
December 31, 2021.
SEC. 1276. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY PILOTED
AIRCRAFT SYSTEMS.
(a) Report on Assessment of Proliferation of Remotely Piloted
Aircraft Systems.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff shall
submit to the congressional defense committees a report setting forth
an assessment, obtained by the Chairman for purposes of the report, of
the impact to United States national security interests of the
proliferation of remotely piloted aircraft that are assessed to be
``Category I'' items under the Missile Technology Control Regime
(MTCR).
(b) Independent Assessment.--
(1) In general.--The assessment obtained for purposes of
subsection (a) shall be conducted by a federally funded research
and development center (FFRDC), or another appropriate independent
entity with expertise in the procurement and operation of remotely
piloted aircraft, selected by the Chairman for purposes of the
assessment.
(2) Use of previous studies.--The entity conducting the
assessment may use and incorporate information from previous
studies on matters appropriate to the assessment.
(c) Elements.--The assessment obtained for purposes of subsection
(a) shall include the following:
(1) A qualitative and quantitative assessment of the scope and
scale of the proliferation of remotely piloted aircraft that are
``Category I'' items under the Missile Technology Control Regime.
(2) An assessment of the threat posed to United States
interests as a result of the proliferation of such aircraft to
adversaries.
(3) An assessment of the impact of the proliferation of such
aircraft on the combat capabilities of and interoperability with
partners and allies of the United States.
(4) An analysis of the degree to which the United States has
limited the proliferation of such aircraft as a result of the
application of a ``strong presumption of denial'' for exports of
such aircraft.
(5) An assessment of the benefits and risks of continuing to
limit exports of such aircraft.
(6) Such other matters as the Chairman considers appropriate.
(d) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.

Subtitle H--Other Matters

SEC. 1281. ENHANCEMENT OF INTERAGENCY SUPPORT DURING CONTINGENCY
OPERATIONS AND TRANSITION PERIODS.
(a) Authority.--The Secretary of Defense and the Secretary of State
may enter into an agreement under which each Secretary may provide
covered support, supplies, and services on a reimbursement basis, or by
exchange of covered support, supplies, and services, to the other
Secretary during a contingency operation and related transition period
for up to 2 years following the end of such contingency operation.
(b) Agreement.--An agreement entered into under this section shall
be in writing and shall include the following terms:
(1) The price charged by a supplying agency shall be the direct
costs that such agency incurred by providing the covered support,
supplies, or services to the requesting agency under this section.
(2) Credits and liabilities of the agencies accrued as a result
of acquisitions and transfers of covered support, supplies, and
services under this section shall be liquidated not less often than
once every 3 months by direct payment to the agency supplying such
support, supplies, or services by the agency receiving such
support, supplies, or services.
(3) Exchange entitlements accrued as a result of acquisitions
and transfers of covered support, supplies, and services under this
section shall be satisfied within 12 months after the date of the
delivery of the covered support, supplies, or services. Exchange
entitlements not so satisfied shall be immediately liquidated by
direct payment to the agency supplying such covered support,
supplies, or services.
(c) Effect of Obligation and Availability of Funds.--An order
placed by an agency pursuant to an agreement under this section is
deemed to be an obligation in the same manner that a similar order
placed under a contract with, or a contract for similar goods or
services awarded to, a private contractor is an obligation.
Appropriations remain available to pay an obligation to the servicing
agency in the same manner as appropriations remain available to pay an
obligation to a private contractor.
(d) Definitions.--In this section:
(1) Covered support, supplies, and services.--The term
``covered support, supplies, and services'' means food, billeting,
transportation (including airlift), petroleum, oils, lubricants,
communications services, medical services, ammunition, base
operations support, use of facilities, spare parts and components,
repair and maintenance services, and calibration services.
(2) Contingency operation.--The term ``contingency operation''
has the meaning given that term in section 101(a)(13) of title 10,
United States Code.
(e) Crediting of Receipts.--Any receipt as a result of an agreement
entered into under this section shall be credited, at the option of the
Secretary of Defense with respect to the Department of Defense and the
Secretary of State with respect to the Department of State, to--
(1) the appropriation, fund, or account used in incurring the
obligation; or
(2) an appropriate appropriation, fund, or account currently
available for the purposes for which the expenditures were made.
(f) Notification.--Not later than 30 days after the end of a fiscal
year in which covered support, supplies, and services are provided or
exchanged pursuant to an agreement under this section, the Secretary of
Defense and the Secretary of State shall jointly submit to the
congressional defense committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House of
Representatives a notification that contains a copy of such agreement
and a description of such covered support, supplies, and services.
SEC. 1282. TWO-YEAR EXTENSION AND MODIFICATION OF AUTHORIZATION OF NON-
CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.
(a) Extension of Authority.--Subsection (h) of section 943 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4579), as most recently amended by
section 1271 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1075), is further amended by
striking ``2018'' and inserting ``2021''.
(b) Modification to Authorized Activities.--Subsection (c) of such
section is amended by inserting ``, or other individuals, as determined
by the Secretary of Defense, with respect to already established non-
conventional assisted recovery capabilities'' before the period at the
end of the first sentence.
SEC. 1283. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR II-ERA
UNITED STATES-ORIGIN CHEMICAL MUNITIONS LOCATED ON SAN JOSE ISLAND,
REPUBLIC OF PANAMA.
(a) Authority.--
(1) In general.--Subject to subsection (b), the Secretary of
Defense may destroy the chemical munitions described in subsection
(c).
(2) Ex gratia action.--The action authorized by this section is
``ex gratia'' on the part of the United States, as the term ``ex
gratia'' is used in section 321 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261;
10 U.S.C. 2701 note).
(3) Consultation between secretary of defense and secretary of
state.--The Secretary of Defense and the Secretary of State shall
consult and develop any arrangements with the Republic of Panama
with respect to this section.
(b) Conditions.--The Secretary of Defense may exercise the
authority under subsection (a) only if the Republic of Panama has--
(1) revised the declaration of the Republic of Panama under the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction to
indicate that the chemical munitions described in subsection (c)
are ``old chemical weapons'' rather than ``abandoned chemical
weapons''; and
(2) affirmed, in writing, that it understands (A) that the
United States intends only to destroy the munitions described in
subsections (c) and (d), and (B) that the United States is not
legally obligated and does not intend to destroy any other
munitions, munitions constituents, and associated debris that may
be located on San Jose Island as a result of research, development,
and testing activities conducted on San Jose Island during the
period of 1943 through 1947.
(c) Chemical Munitions.--The chemical munitions described in this
subsection are the eight United States-origin chemical munitions
located on San Jose Island, Republic of Panama, that were identified in
the 2002 Final Inspection Report of the Technical Secretariat of the
Organization for the Prohibition of Chemical Weapons.
(d) Limited Incidental Authority To Destroy Other Munitions.--In
exercising the authority under subsection (a), the Secretary of Defense
may destroy other munitions located on San Jose Island, Republic of
Panama, but only to the extent essential and required to reach and
destroy the chemical munitions described in subsection (c).
(e) Source of Funds.--Of the amounts authorized to be appropriated
by this Act, the Secretary of Defense may use up to $30,000,000 from
amounts made available for Chemical Agents and Munitions Destruction,
Defense to carry out the authority in subsection (a).
(f) Sunset.--The authority under subsection (a) shall terminate on
the date that is 3 years after the date of the enactment of this Act.
SEC. 1284. SENSE OF CONGRESS ON MILITARY EXCHANGES BETWEEN THE UNITED
STATES AND TAIWAN.
(a) Military Exchanges Between Senior Officers and Officials of the
United States and Taiwan.--The Secretary of Defense should carry out a
program of exchanges of senior military officers and senior officials
between the United States and Taiwan designed to improve military to
military relations between the United States and Taiwan.
(b) Exchanges Described.--For the purposes of this section, an
exchange is an activity, exercise, event, or observation opportunity
between members of the Armed Forces and officials of the Department of
Defense, on the one hand, and armed forces personnel and officials of
Taiwan, on the other hand.
(c) Focus of Exchanges.--The exchanges under the program described
in subsection (a) should include exchanges focused on the following:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(7) Humanitarian assistance and disaster relief.
(d) Civil-Military Affairs.--The exchanges under the program
described in subsection (a) should include activities and exercises
focused on civil-military relations, including parliamentary relations.
(e) Location of Exchanges.--The exchanges under the program
described in subsection (a) should be conducted in both the United
States and Taiwan.
(f) Definitions.--In this section:
(1) The term ``senior military officer'', with respect to the
Armed Forces, means a general or flag officer of the Armed Forces
on active duty.
(2) The term ``senior official'', with respect to the
Department of Defense, means a civilian official of the Department
of Defense at the level of Assistant Secretary of Defense or above.
SEC. 1285. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT THE ARMS
TRADE TREATY.
(a) In General.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for the
Department of Defense may be obligated or expended to implement the
Arms Trade Treaty, or to make any change to existing programs,
projects, or activities as approved by Congress in furtherance of,
pursuant to, or otherwise to implement the Arms Trade Treaty, unless
the Arms Trade Treaty has received the advice and consent of the Senate
and has been the subject of implementing legislation, as required, by
Congress.
(b) Rule of Construction.--Nothing in this section shall be
construed to preclude the Department of Defense from assisting foreign
countries in bringing their laws and regulations up to United States
standards.
SEC. 1286. PROHIBITION ON USE OF FUNDS TO INVITE, ASSIST, OR OTHERWISE
ASSURE THE PARTICIPATION OF CUBA IN CERTAIN JOINT OR MULTILATERAL
EXERCISES.
(a) Prohibition.--The Secretary of Defense may not use any funds
authorized to be appropriated or otherwise made available for fiscal
year 2017 for the Department of Defense to invite, assist, or otherwise
assure the participation of the Government of Cuba in any joint or
multilateral exercise or related security conference between the
Governments of the United States and Cuba until the Secretary of
Defense and the Secretary of State, in consultation with the Director
of National Intelligence, certify to the appropriate congressional
committees that--
(1) the Cuban military has ceased committing human rights
abuses against civil rights activists and other citizens of Cuba;
(2) the Cuban military has ceased providing military
intelligence, weapons training, strategic planning, and security
logistics to the military and security forces of Venezuela;
(3) the Cuban military and other security forces in Cuba have
ceased all persecution, intimidation, arrest, imprisonment, and
assassination of dissidents and members of faith-based
organizations;
(4) the Government of Cuba no longer demands that the United
States relinquish control of Guantanamo Bay, in violation of an
international treaty; and
(5) the officials of the Cuban military that were indicted in
the murder of United States citizens during the shootdown of planes
operated by the Brothers to the Rescue humanitarian organization in
1996 are brought to justice.
(b) Exceptions.--The prohibition in subsection (a) shall not apply
with respect to--
(1) payments in furtherance of the lease agreement, or other
financial transactions necessary for maintenance and improvements
of the military base at Guantanamo Bay, Cuba, including any
adjacent areas under the control or possession of the United
States;
(2) assistance or support in furtherance of democracy-building
efforts for Cuba described in section 109 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039);
(3) customary and routine financial transactions necessary for
the maintenance, improvements, or regular duties of the United
States mission in Havana, including outreach to the pro-democracy
opposition; or
(4) any joint or multilateral exercise or operation related to
humanitarian assistance or disaster response.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1287. GLOBAL ENGAGEMENT CENTER.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with
the Secretary of Defense and the heads of other relevant Federal
departments and agencies, shall establish within the Department of
State a Global Engagement Center (in this section referred to as
the ``Center'').
(2) Purpose.--The purpose of the Center shall be to lead,
synchronize, and coordinate efforts of the Federal Government to
recognize, understand, expose, and counter foreign state and non-
state propaganda and disinformation efforts aimed at undermining
United States national security interests.
(b) Functions.--The Center shall carry out the following functions:
(1) Integrate interagency and international efforts to track
and evaluate counterfactual narratives abroad that threaten the
national security interests of the United States and United States
allies and partner nations.
(2) Analyze relevant information, data, analysis, and analytics
from United States Government agencies, United States allies and
partner nations, think tanks, academic institutions, civil society
groups, and other nongovernmental organizations.
(3) As needed, support the development and dissemination of
fact-based narratives and analysis to counter propaganda and
disinformation directed at the United States and United States
allies and partner nations.
(4) Identify current and emerging trends in foreign propaganda
and disinformation in order to coordinate and shape the development
of tactics, techniques, and procedures to expose and refute foreign
misinformation and disinformation and proactively promote fact-
based narratives and policies to audiences outside the United
States.
(5) Facilitate the use of a wide range of technologies and
techniques by sharing expertise among Federal departments and
agencies, seeking expertise from external sources, and implementing
best practices.
(6) Identify gaps in United States capabilities in areas
relevant to the purpose of the Center and recommend necessary
enhancements or changes.
(7) Identify the countries and populations most susceptible to
propaganda and disinformation based on information provided by
appropriate interagency entities.
(8) Administer the information access fund established pursuant
to subsection (f).
(9) Coordinate with United States allies and partner nations in
order to amplify the Center's efforts and avoid duplication.
(10) Maintain, collect, use, and disseminate records (as such
term is defined in section 552a(a)(4) of title 5, United States
Code) for research and data analysis of foreign state and non-state
propaganda and disinformation efforts and communications related to
public diplomacy efforts intended for foreign audiences. Such
research and data analysis shall be reasonably tailored to meet the
purposes of this paragraph and shall be carried out with due regard
for privacy and civil liberties guidance and oversight.
(c) Head of Center.--
(1) Appointment.--The head of the Center shall be an individual
who is an official of the Federal Government, who shall be
appointed by the President.
(2) Compliance with privacy and civil liberties laws.--The
President shall designate a senior official to develop guidance for
the Center relating to relevant privacy and civil liberties laws
and to ensure compliance with such guidance.
(d) Employees of the Center.--
(1) Detailees.--Any Federal Government employee may be detailed
to the Center without reimbursement, and such detail shall be
without interruption or loss of civil service status or privilege
for a period of not more than 3 years.
(2) Personal service contractors.--The Secretary of State may
hire United States citizens or aliens as personal services
contractors for purposes of personnel resources of the Center, if--
(A) the Secretary determines that existing personnel
resources are insufficient;
(B) the period in which services are provided by a personal
services contractor, including options, does not exceed 3
years, unless the Secretary determines that exceptional
circumstances justify an extension of up to one additional
year;
(C) not more than 50 United States citizens or aliens are
employed as personal services contractors under the authority
of this paragraph at any time; and
(D) the authority of this paragraph is only used to obtain
specialized skills or experience or to respond to urgent needs.
(e) Transfer of Amounts Authorized.--
(1) In general.--If amounts authorized to be appropriated or
otherwise made available to carry out the functions of the Center--
(A) for fiscal year 2017 are less than $80,000,000, the
Secretary of Defense is authorized to transfer, from amounts
authorized to be appropriated by this Act for the Department of
Defense for fiscal year 2017, to the Secretary of State an
amount, not to exceed $60,000,000, to be available to carry out
the functions of the Center for fiscal year 2017; and
(B) for fiscal year 2018 are less than $80,000,000, the
Secretary of Defense is authorized to transfer, from amounts
authorized to be appropriated by an Act authorizing funds for
the Department of Defense for fiscal year 2018, to the
Secretary of State an amount, not to exceed $60,000,000, to be
available to carry out the functions of the Center for fiscal
year 2018.
(2) Notice requirement.--The Secretary of Defense shall notify
the congressional defense committees of a proposed transfer under
paragraph (1) not less than 15 days prior to making such transfer.
(3) Inapplicability of reprogramming requirements.--The
authority to transfer amounts under paragraph (1) shall not be
subject to any reprogramming requirement under any other provision
of law.
(f) Information Access Fund.--
(1) Authority for grants.--The Center is authorized to provide
grants or contracts of financial support to civil society groups,
media content providers, nongovernmental organizations, federally
funded research and development centers, private companies, or
academic institutions for the following purposes:
(A) To support local independent media who are best placed
to refute foreign disinformation and manipulation in their own
communities.
(B) To collect and store examples in print, online, and
social media, disinformation, misinformation, and propaganda
directed at the United States and its allies and partners.
(C) To analyze and report on tactics, techniques, and
procedures of foreign information warfare with respect to
disinformation, misinformation, and propaganda.
(D) To support efforts by the Center to counter efforts by
foreign entities to use disinformation, misinformation, and
propaganda to influence the policies and social and political
stability of the United States and United States allies and
partner nations.
(2) Funding availability and limitations.--The Secretary of
State shall provide that each organization that applies to receive
funds under this subsection is selected in accordance with the
relevant existing regulations to ensure its bona fides, capability,
and experience, and its compatibility with United States interests
and objectives.
(g) Reports.--
(1) In general.--Not later than one year after the date on
which the Center is established, the Secretary of State shall
submit to the appropriate congressional committees a report
evaluating the success of the Center in carrying out its functions
under subsection (b) and outlining steps to improve any areas of
deficiency.
(2) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(h) Limitation.--None of the funds authorized to be appropriated or
otherwise made available to carry out this section shall be used for
purposes other than countering foreign propaganda and misinformation
that threatens United States national security.
(i) Termination.--The Center shall terminate on the date that is 8
years after the date of the enactment of this Act.
SEC. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL BROADCASTING ACT
OF 1994.
The United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.; Public Law 103-236) is amended--
(1) by amending section 304 (22 U.S.C. 6203) to read as
follows:
``SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF THE
BROADCASTING BOARD OF GOVERNORS.
``(a) Continued Existence Within Executive Branch.--The
Broadcasting Board of Governors shall continue to exist within the
Executive branch of Government as an entity described in section 104 of
title 5, United States Code.
``(b) Chief Executive Officer.--
``(1) In general.--The head of the Broadcasting Board of
Governors shall be a Chief Executive Officer, who shall be
appointed by the President, by and with the advice and consent of
the Senate. Notwithstanding any other provision of law, until such
time as a Chief Executive Officer is appointed and has qualified,
the current or acting Chief Executive Officer appointed by the
Board may continue to serve and exercise the authorities and powers
under this Act.
``(2) Term.--The first Chief Executive Officer appointed
pursuant to paragraph (1) shall serve for an initial term of three
years.
``(3) Compensation.--A Chief Executive Officer appointed
pursuant to paragraph (1) shall be compensated at the annual rate
of basic pay for level III of the Executive Schedule under section
5314 of title 5, United States Code.
``(c) Termination of Director of International Broadcasting
Bureau.--Effective on the date of the enactment of this section, the
position of the Director of the International Broadcasting Bureau shall
be terminated, and all of the responsibilities, offices, authorities,
and immunities of the Director or the Board under this or any other Act
or authority before such date of enactment shall be transferred or
available to, assumed by, or overseen by the Chief Executive Officer,
as head of the Board.
``(d) Immunity From Civil Liability.--Notwithstanding any other
provision of law, all limitations on liability that apply to the Chief
Executive Officer shall also apply to members of the boards of
directors of RFE/RL, Inc., Radio Free Asia, the Middle East
Broadcasting Networks, or any organization that consolidates such
entities when such members are acting in their official capacities.'';
(2) in section 305 (22 U.S.C. 6204)--
(A) in subsection (a)--
(i) by striking ``Board'' each place it appears and
inserting ``Chief Executive Officer'';
(ii) in paragraph (1), by inserting ``direct and''
before ``supervise'';
(iii) in paragraph (5)--

(I) by inserting ``and cooperative agreements''
after ``grants''; and
(II) by striking ``in accordance with sections 308
and 309'' and inserting ``in furtherance of the
purposes of this Act and on behalf of other agencies,
accordingly'';

(iv) in paragraph (6)--

(I) by striking ``International Broadcasting
Bureau'' and inserting ``Board''; and
(II) by striking ``subject to the limitations in
sections 308 and 309 and'';

(v) in paragraph (10)--

(I) by inserting ``, rent, or lease'' after
``procure''; and
(II) by striking ``personal property'' and
inserting ``property for journalism, media, production,
and broadcasting, and related support services,
notwithstanding any other provision of law relating to
such acquisition, rental, or lease, and under the same
terms and conditions as authorized under section 501(b)
of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461(b)), and for
multiyear contracts and leases for periods of up to 20
years subject to the requirements of subsections (b)
through (f) of section 3903 of title 41, United States
Code'';

(vi) in paragraph (11)--

(I) by striking ``staff'';
(II) by striking ``as the Board'' and inserting
``as the Chief Executive Officer''; and
(III) by striking ``subject'' and inserting ``which
shall not be subject'';

(vii) in paragraph (13)--

(I) by striking ``Bureau'' and inserting ``Board'';
and
(II) by striking ``Board has taken'' and inserting
``Chief Executive Officer has taken'';

(viii) in paragraph (14)--

(I) by inserting ``transmission or'' before
``relay''; and
(II) by inserting ``or any other grantee authorized
under this Act'' after ``Radio Free Asia'';

(ix) in paragraph (15)(A), by striking--

(I) ``temporary and intermittent''; and
(II) ``to the same extent as is authorized by
section 3109 of title 5, United States Code,'';

(x) in paragraph (16), by striking ``Board determines''
and inserting ``Chief Executive Officer determines'';
(xi) in paragraph (18), by striking ``the Bureau'' and
inserting ``the Chief Executive Officer''; and
(xii) by adding at the end the following new
paragraphs:
``(20) Notwithstanding any other provision of law, including
section 308(a), to condition, if appropriate, any grant or
cooperative agreement to RFE/RL, Inc., Radio Free Asia, or the
Middle East Broadcasting Networks, or any organization that is
established through the consolidation of such entities, on
authority to determine membership of their respective boards, and
the consolidation of such grantee entities into a single grantee
organization under terms and conditions established by the Board.
``(21) To redirect or reprogram funds within the scope of any
grant or cooperative agreement, or between grantees, as necessary
(and not later than 15 days before any such redirection of funds
between language services, to notify the Committee on
Appropriations and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate regarding such
redirection), and to condition grants or cooperative agreements, if
appropriate, on such grants or cooperative agreements or any
similar amendments as authorized under section 308(a), including
authority to name and replace the board of any grantee authorized
under this Act, including with Federal officials, to meet the
purposes of this Act.
``(22) To change the name of the Board pursuant to
congressional notification 60 days prior to any such change.'';
(B) by striking subsections (b) and (c); and
(C) by redesignating subsection (d) as subsection (b); and
(D) in subsection (b) (as so redesignated)--
(i) by striking ``and the Board'' and inserting ``and
the Chief Executive Officer''; and
(ii) by striking ``International Broadcasting Bureau''
and inserting ``Board'';
(3) by amending section 306 (22 U.S.C. 6205) to read as
follows:
``SEC. 306. ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING
ADVISORY BOARD.
``(a) In General.--Except as provided in subsection (b)(2), the
International Broadcasting Advisory Board (referred to in this section
as the `Advisory Board') shall consist of five members, including the
Secretary of State, appointed by the President and in accordance with
subsection (d), to advise the Chief Executive Officer of the
Broadcasting Board of Governors, as appropriate.
``(b) Retention of Existing BBG Board Members.--
``(1) In general.--The presidentially appointed and Senate-
confirmed members of the Board of the Broadcasting Board of
Governors who are serving on unexpired terms as of the date of the
enactment of this section shall--
``(A) constitute the first Advisory Board; and
``(B) hold office for the remainder of their original terms
of office without reappointment to the Advisory Board.
``(2) Effect of additional members.--If, on the date of the
enactment of this section, more than five members described in
subsection (a) are serving their original terms of office on the
Broadcasting Board of Governors, each such member may serve on the
Advisory Board for a period equal to the time remaining on each
such member's respective term without reappointment.
``(c) Terms of Office.--
``(1) In general.--Except as provided in paragraph (2), the
term of office of each member of the Advisory Board appointed
pursuant to subsection (a) shall be three years.
``(2) Vacancies.--If a vacancy on the Advisory Board occurs
before the expiration of the term of the member who created such
vacancy--
``(A) the President shall appoint a new member to fill such
vacancy in accordance with subsection (d); and
``(B) the member appointed pursuant to such subsection
shall serve for the remainder of such term.
``(3) Service beyond term prohibited.--Members may not serve
beyond the term for which they were appointed.
``(d) Selection of the Board.--In identifying individuals for
appointment to the Advisory Board under subsection (a), the President
shall appoint United States citizens--
``(1) who, with the exception of the Secretary of State, are
not regular, full-time employees of the United States Government;
and
``(2) distinguished in the fields of public diplomacy, mass
communications, print, broadcast or digital media, or foreign
affairs, of whom--
``(A) one individual should be appointed from among a list
of at least three individuals submitted by the Chair of the
Committee on Foreign Affairs of the House of Representatives;
``(B) one individual should be appointed from among a list
of at least three individuals submitted by the Ranking Member
of the Committee on Foreign Affairs of the House of
Representatives;
``(C) one individual should be appointed from among a list
of at least three individuals submitted by the Chair of the
Committee on Foreign Relations of the Senate; and
``(D) one individual should be appointed from among a list
of at least three individuals submitted by the Ranking Member
of the Committee on Foreign Relations of the Senate.
``(e) Functions of the Board.--The members of the Advisory Board
shall perform the following advisory functions:
``(1) To provide the Chief Executive Officer of the
Broadcasting Board of Governors with counsel and recommendations
for improving the effectiveness and efficiency of the agency and
its programming.
``(2) To meet with the Chief Executive Officer at least twice
annually and at additional meetings at the request of the Chief
Executive Officer.
``(3) To report periodically or upon request to the
congressional committees specified in subsection (d)(2) regarding
its counsel and recommendations for improving the effectiveness and
efficiency of the Broadcasting Board of Governors and its
programming.
``(4) To obtain information from the Chief Executive Officer,
as needed, for the purposes of fulfilling the functions described
in this subsection.
``(f) Compensation.--Members of the Advisory Board, including the
Secretary of State, may not receive any fee, salary, or remuneration of
any kind for their service as members.'';
(4) by striking section 307 (22 U.S.C. 6206);
(5) in section 308 (22 U.S.C. 6207)--
(A) in subsection (a)(1), by striking ``of the Broadcasting
Board of Governors established under section 304 and no other
members'' and inserting ``authorized under section
305(a)(20)'';
(B) by amending subsection (d) to read as follows:
``(d) Alternative Grantee.--If the Chief Executive Officer
determines at any time that RFE/RL, Incorporated is not carrying out
the functions described in this section in an effective and economical
manner, the Board may award the grant to carry out such functions to
another entity.''; and
(C) in subsection (g)(4)--
(i) by striking ``International Broadcasting Bureau''
and inserting ``any other grantee of the Board''; and
(ii) by striking ``by the Board'' and inserting ``by
the Chief Executive Officer''; and
(D) in subsection (i), by striking ``(1) Effective'' and
inserting ``Effective'';
(6) in section 309 (22 U.S.C. 6208)--
(A) in subsection (f)(2), by striking ``Chairman of the
Board'' and inserting ``Chief Executive Officer of the Board'';
(B) by redesignating subsection (g) as subsection (h); and
(C) by inserting after subsection (f) the following new
subsection:
``(g) Alternative Grantee.--If the Chief Executive Officer
determines at any time that Radio Free Asia is not carrying out the
functions described in this section in an effective and economical
manner, the Board may award the grant to carry out such functions to
another entity.'';
(7) by inserting after section 309 (22 U.S.C. 6208) the
following new sections:
``SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE
OFFICER.
``(a) Consolidation of Grantee Organizations.--
``(1) In general.--The Chief Executive Officer, subject to the
regular notification procedures of the Committee on Appropriations
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate, who is authorized to
incorporate a grantee, may condition annual grants to RFE/RL, Inc.,
Radio Free Asia, and the Middle East Broadcasting Networks on the
consolidation of such grantees into a single, consolidated private,
non-profit corporation (in accordance with section 501(c)(3) of the
Internal Revenue Code and exempt from tax under section 501(a) of
such Code), in such a manner and under such terms and conditions as
determined by the Chief Executive Officer, which may broadcast and
provide news and information to audiences wherever the agency may
broadcast, for activities that the Chief Executive Officer
determines are consistent with the purposes of this Act, including
the terms and conditions of subsections (g)(5), (h), (i), and (j)
of section 308, except that the Agency may select any name for such
a consolidated grantee.
``(2) Special rule.--No State or political subdivision of a
State may establish, enforce, or continue in effect any provision
of law or legal requirement that is different from, or is in
conflict with, any requirement or authority applicable under this
Act relating to the consolidation, incorporation, structure, or
dissolution of any grantee under this Act.
``(b) Mission.--The consolidated grantee established under
subsection (a) shall--
``(1) counter state-sponsored propaganda which undermines the
national security or foreign policy interests of the United States
and its allies;
``(2) provide uncensored local and regional news and analysis
to people in societies where a robust, indigenous, independent, and
free media does not exist;
``(3) help countries improve their indigenous capacity to
enhance media professionalism and independence, and develop
partnerships with local media outlets, as appropriate; and
``(4) promote unrestricted access to uncensored sources of
information, especially via the internet, and use all effective and
efficient mediums of communication to reach target audiences.
``(c) Federal Status.--Nothing in this or any other Act, or any
action taken pursuant to this or any other Act, may be construed to
make such a consolidated grantee described in subsection (a) or RFE/RL,
Inc., Radio Free Asia, or the Middle East Broadcasting Networks or any
other grantee or entity provided funding by the agency a Federal agency
or instrumentality. Employees or staff of such grantees or entities may
not be Federal employees. For purposes of this section and this Act,
the term `grant' includes agreements under section 6305 of title 31,
United States Code, and the term `grantee' includes recipients of such
agreements.
``(d) Leadership of Grantee Organizations.--Officers and directors
of RFE/RL Inc., Radio Free Asia, and the Middle East Broadcasting
Networks or any organization that is established through the
consolidation of such entities, or authorized under this Act, shall
serve at the pleasure of and may be named by the Chief Executive
Officer of the Board.
``(e) Maintenance of the Existing Individual Grantee Brands.--RFE/
RL, Incorporated, Radio Free Asia, and the Middle East Broadcasting
Networks, Incorporated should remain brand names under which news and
related programming and content may be disseminated by the consolidated
grantee. Additional brands may be created as necessary.
``SEC. 310A. INSPECTOR GENERAL AUTHORITIES.
``(a) In General.--The Inspector General of the Department of State
and the Foreign Service shall exercise the same authorities with
respect to the Broadcasting Board of Governors as the Inspector General
exercises under the Inspector General Act of 1978 and section 209 of
the Foreign Service Act of 1980 (22 U.S.C. 3929) with respect to the
Department of State.
``(b) Respect for Journalistic Integrity of Broadcasters.--The
Inspector General of the Department of State and the Foreign Service
shall respect the journalistic integrity of all the broadcasters
covered by this Act and may not evaluate the philosophical or political
perspectives reflected in the content of broadcasts.
``SEC. 310B. ROLE OF THE SECRETARY OF STATE IN FOREIGN POLICY GUIDANCE.
``To assist the Board in carrying out its functions, the Chief
Executive Officer shall regularly consult with and seek from the
Secretary of State guidance on foreign policy issues.''; and
(8) in section 314 (22 U.S.C. 6213)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(4) the terms `Board' and `Chief Executive Officer of the
Board' mean the Broadcasting Board of Governors and the position,
respectively, authorized in accordance with this Act;''.
SEC. 1289. REDESIGNATION OF SOUTH CHINA SEA INITIATIVE.
(a) Redesignation as Southeast Asia Maritime Security Initiative.--
Subsection (a)(2) of section 1263 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1073; 10 U.S.C.
2282 note) is amended by striking ``the `South China Sea Initiative'''
and inserting ``the `Southeast Asia Maritime Security Initiative'''.
(b) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.''.
SEC. 1290. MEASURES AGAINST PERSONS INVOLVED IN ACTIVITIES THAT VIOLATE
ARMS CONTROL TREATIES OR AGREEMENTS WITH THE UNITED STATES.
(a) Reports on Persons That Violate Treaties or Agreements.--
(1) In general.--Not later than 30 days after the submittal to
Congress of an annual report on the status of United States policy
and actions with respect to arms control, nonproliferation, and
disarmament pursuant to section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a), the Secretary of the Treasury
shall submit to the appropriate congressional committees a report,
consistent with the protection of intelligence sources and methods,
identifying every person with respect to whom there is credible
information indicating that--
(A) the person--
(i)(I) is an individual who is a citizen, national, or
permanent resident of a country described in paragraph (2);
or
(II) is an entity organized under the laws of a country
described in paragraph (2); and
(ii) has engaged in any activity that contributed to or
is a significant factor in the President's or the Secretary
of State's determination that such country is not in full
compliance with its obligations as further described in
paragraph (2); or
(B) the person has provided material support for such non-
compliance to a person described in subparagraph (A).
(2) Country described.--A country described in this paragraph
is a country (other than a country described in paragraph (3)) that
the President or the Secretary of State has determined, in the most
recent annual report described in paragraph (1), to be not in full
compliance with its obligations undertaken in all arms control,
nonproliferation, and disarmament agreements or commitments to
which the United States is a participating state.
(3) Excluded countries.--The following countries are not
described for purposes of paragraph (2):
(A) The United States.
(B) Any country determined by the Director of National
Intelligence to be closely cooperating in intelligence matters
with the United States in the period covered by the most recent
annual report described in paragraph (1), regardless of the
extent of the compliance of such country with the obligations
described in paragraph (2) during such period.
(b) Imposition of Measures.--Except as provided in subsections (d),
(e), and (f), the President shall impose the measures described in
subsection (c) with respect to each person identified in a report under
subsection (a).
(c) Measures Described.--
(1) In general.--The measures to be imposed with respect to a
person under subsection (b) are the head of any executive agency
(as defined in section 133 of title 41, United States Code) may not
enter into, renew, or extend a contract for the procurement of
goods or services with the person.
(2) Exception for major routes of supply.--The requirement to
impose measures under paragraph (1) shall not apply with respect to
any contract for the procurement of goods or services along a major
route of supply to a zone of active combat or major contingency
operation.
(3) Requirement to revise regulations.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Federal Acquisition Regulation,
the Defense Federal Acquisition Regulation Supplement, and the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards shall be revised to implement
paragraph (1).
(B) Certifications.--The revisions to the Federal
Acquisition Regulation under subparagraph (A) shall include a
requirement for a certification from each person that is a
prospective contractor that the person, and any person owned or
controlled by the person, does not engage in any activity
described in subsection (a)(1)(A)(ii).
(C) Remedies.--If the head of an executive agency
determines that a person has submitted a false certification
under subparagraph (B) on or after the date on which the
applicable revision of the Federal Acquisition Regulation
required by this paragraph becomes effective--
(i) the head of that executive agency shall terminate a
contract with such person or debar or suspend such person
from eligibility for Federal contracts for a period of not
less than 2 years;
(ii) any such debarment or suspension shall be subject
to the procedures that apply to debarment and suspension
under the Federal Acquisition Regulation under subpart 9.4
of part 9 of title 48, Code of Federal Regulations; and
(iii) the Administrator of General Services shall
include on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs maintained by the
Administrator under part 9 of the Federal Acquisition
Regulation each person that is debarred, suspended, or
proposed for debarment or suspension by the head of an
executive agency on the basis of a determination of a false
certification under subparagraph (B).
(d) Waiver for Lack of Knowing Violation.--
(1) In general.--The President may waive the application of
measures on a case-by-case basis under subsection (b) with respect
to a person if the President--
(A) determines that--
(i)(I) in the case of a person described in subsection
(a)(1)(A), the person did not knowingly engage in any
activity described in such subsection;
(II) in the case of a person described in subsection
(a)(1)(B), the person conducted or facilitated a
transaction or transactions with, or provided financial
services to, a person described in subsection (a)(1)(A)
that did not knowingly engage in any activity described in
such subsection; and
(III) in the case of a person described in subsection
(a)(1)(A) or (a)(1)(B), the person has terminated the
activity for which otherwise covered by such subsection or
has provided verifiable assurances that the person will
terminate such activity; and
(ii) the waiver is in the national security interest of
the United States; and
(B) submits to the appropriate congressional committees a
report on the determination and the reasons for the
determination.
(2) Form of report.--The report required by paragraph (1)(B)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Waiver To Prevent Disclosure of Intelligence Sources and
Methods.--The President may waive the application of measures on a
case-by-case basis under subsection (b) with respect to a person if the
President--
(1) determines that the waiver is necessary to prevent the
disclosure of intelligence sources or methods; and
(2) submits to the appropriate congressional committees a
report, consistent with the protection of intelligence sources and
methods, on the determination and the reasons for the
determination.
(f) Timing of Imposition.--
(1) In general.--Except as provided in paragraph (2), the
President shall immediately impose measures under subsection (b)
against a person described in subsection (a)(1) upon the submittal
to Congress of the report identifying the person pursuant to
subsection (a)(1) unless the President determines and certifies to
the appropriate congressional committees that the government of the
country concerned has taken specific and effective actions,
including, as appropriate, the imposition of appropriate penalties,
to terminate the involvement of the person in the activities that
resulted in the identification of the person in the report.
(2) Delay.--
(A) In general.--The President may delay the imposition of
measures against a person for up to 120 days after the date of
the submittal to Congress of the report identifying the person
pursuant to subsection (a)(1) if the President initiates
consultations with the government concerned with respect to the
taking of actions described in paragraph (1).
(B) Additional delay.--The President may delay the
imposition of measures for up to an additional 120 days after
the delay authorized by subparagraph (A) if the President
determines and certifies to the appropriate congressional
committees that the government concerned is in the process of
taking the actions described in paragraph (1).
(3) Report.--Not later than 60 days after the submittal to
Congress of the report identifying a person pursuant to subsection
(a)(1), the President shall submit to the appropriate congressional
committees a report on the status of consultations, if any, with
the government concerned under this subsection, and the basis for
any determination under paragraph (1).
(g) Termination.--
(1) Termination through compliance of country with arms control
and other agreements.--The measures imposed with respect to a
person under subsection (b) shall terminate on the date on which
the President submits to Congress a subsequent annual report
pursuant to section 403 of the Arms Control and Disarmament Act
that does not contain a determination of the President that the
country described in subsection (a)(2) with respect to which the
measures were imposed with respect to the person is a country that
is not in full compliance with its obligations undertaken in all
arms control, nonproliferation, and disarmament agreements or
commitments to which the United States is a participating state.
(2) Termination through cessation by person of violating
activities.--In addition to termination provided for by paragraph
(1), the measures imposed with respect to a person under subsection
(b) in connection with a particular activity shall terminate upon a
determination of the President that the person has ceased such
activity. The termination of measures imposed with respect to a
person in connection with a particular activity pursuant to this
paragraph shall not result in the termination of any measures
imposed with respect to the person in connection with any other
activity for which measures were imposed under subsection (b).
(h) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the Senate.
SEC. 1291. AGREEMENTS WITH FOREIGN GOVERNMENTS TO DEVELOP LAND-BASED
WATER RESOURCES IN SUPPORT OF AND IN PREPARATION FOR CONTINGENCY
OPERATIONS.
(a) Agreements Authorized.--The Secretary of Defense, with the
concurrence of the Secretary of State, is authorized to enter into
agreements with the governments of foreign countries to develop land-
based water resources in support of and in preparation for contingency
operations, including water selection, pumping, purification, storage,
distribution, cooling, consumption, water reuse, water source
intelligence, research and development, training, acquisition of water
support equipment, and water support operations.
(b) Notification Required.--Not later than 30 days after entering
into an agreement under subsection (a), the Secretary of Defense shall
notify the appropriate congressional committees of the existence of the
agreement and provide a summary of the terms of the agreement.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1292. ENHANCING DEFENSE AND SECURITY COOPERATION WITH INDIA.
(a) Actions.--
(1) In general.--The Secretary of Defense and Secretary of
State should jointly take such actions as may be necessary to--
(A) recognize India's status as a major defense partner of
the United States;
(B) designate an individual within the executive branch who
has experience in defense acquisition and technology--
(i) to reinforce and ensure, through interagency policy
coordination, the success of the Framework for the United
States-India Defense Relationship; and
(ii) to help resolve remaining issues impeding United
States-India defense trade, security cooperation, and co-
production and co-development opportunities;
(C) approve and facilitate the transfer of advanced
technology, consistent with United States conventional arms
transfer policy, to support combined military planning with
India's military for missions such as humanitarian assistance
and disaster relief, counter piracy, freedom of navigation, and
maritime domain awareness missions, and to promote weapons
systems interoperability;
(D) strengthen the effectiveness of the U.S.-India Defense
Trade and Technology Initiative and the durability of the
Department of Defense's ``India Rapid Reaction Cell'';
(E) collaborate with the Government of India to develop
mutually agreeable mechanisms to verify the security of defense
articles, defense services, and related technology, such as
appropriate cyber security and end use monitoring arrangements,
consistent with United States export control laws and policy;
(F) promote policies that will encourage the efficient
review and authorization of defense sales and exports to India;
(G) encourage greater government-to-government and
commercial military transactions between the United States and
India;
(H) support the development and alignment of India's export
control and procurement regimes with those of the United States
and multilateral control regimes; and
(I) continue to enhance defense and security cooperation
with India in order to advance United States interests in the
South Asia and greater Indo-Asia-Pacific regions.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense and Secretary of State shall jointly submit to the
congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report on how the United States is
supporting its defense relationship with India in relation to the
actions described in paragraph (1).
(b) Bilateral Coordination.--To enhance cooperation and encourage
military-to-military engagement between the United States and India,
the Secretary of Defense should take appropriate actions to ensure that
exchanges between senior military officers and senior civilian defense
officials of the United States Government and the Government of India--
(1) are at a level appropriate to enhance engagement between
the militaries of the two countries for threat analysis, military
doctrine, force planning, mutual security interests, logistical
support, intelligence, tactics, techniques and procedures,
humanitarian assistance, and disaster relief;
(2) include exchanges of general and flag officers between the
two countries;
(3) enhance cooperative military operations, including maritime
security, counter-piracy, counter-terror cooperation, and domain
awareness, in the Indo-Asia-Pacific region;
(4) accelerate the development of combined military planning
for missions such as those identified in subsection (a)(1)(C) or in
paragraph (1) of this subsection, or other missions in the national
security interests of both countries; and
(5) solicit and recognize actions and efforts by India that
would allow the United States to treat India as a major defense
partner.
(c) Assessment Required.--
(1) In general.--The Secretary of Defense and Secretary of
State shall jointly, on an ongoing basis, conduct an assessment of
the extent to which India possesses capabilities to support and
carry out military operations of mutual interest to the United
States and India, including an assessment of the defense export
control regulations and policies that need appropriate
modification, in recognition of India's capabilities and its status
as a major defense partner.
(2) Use of assessment.--The President shall ensure that the
assessment described in paragraph (1) is used, consistent with
United States conventional arms transfer policy, to inform the
review by the United States of requests to export defense articles,
defense services, or related technology to India under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), and to inform any
regulatory and policy adjustments that may be appropriate.
SEC. 1293. COORDINATION OF EFFORTS TO DEVELOP FREE TRADE AGREEMENTS
WITH SUB-SAHARAN AFRICAN COUNTRIES.
(a) Coordination Between the United States Trade Representative and
Other Agencies.--The United States Trade Representative shall consult
and coordinate with other relevant Federal agencies to assist countries
identified under paragraph (1) of section 110(b) of the Trade
Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 370; 19
U.S.C. 3705 note) in the most recent report required by that section,
including through the deployment of resources from those agencies to
such countries and through trade capacity building, in addressing the
plan developed under paragraph (3) of that section.
(b) Coordination of USAID With Free Trade Agreement Policy.--
(1) Authorization of funds.--Funds made available to the United
States Agency for International Development under section 496 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2293) after the date
of the enactment of this Act may be used, in consultation with the
United States Trade Representative--
(A) to assist eligible countries, including by deploying
resources to such countries, in addressing the plan developed
under section 116(b) of the African Growth and Opportunity Act
(19 U.S.C. 3723(b)); and
(B) to assist eligible countries in the implementation of
the commitments of those countries under agreements with the
United States and under the WTO Agreement (as defined in
section 2(9) of the Uruguay Round Agreements Act (19 U.S.C.
3501(9))) and agreements annexed to the WTO Agreement.
(2) Definitions.--In this subsection:
(A) Eligible country.--The term ``eligible country'' means
a sub-Saharan African country that receives--
(i) benefits under the African Growth and Opportunity
Act (19 U.S.C. 3701 et seq.); and
(ii) funding from the United States Agency for
International Development.
(B) Sub-saharan african country.--The term ``sub-Saharan
African country'' has the meaning given that term in section
107 of the African Growth and Opportunity Act (19 U.S.C. 3706).
SEC. 1294. EXTENSION AND EXPANSION OF AUTHORITY TO SUPPORT BORDER
SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.
(a) Expansion of Authority.--Section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1056; 22 U.S.C. 2551 note) is amended--
(1) in subsection (a)(1)--
(A) by striking ``the Government of Jordan and the
Government of Lebanon'' and inserting ``the Government of
Egypt, the Government of Jordan, the Government of Lebanon, and
the Government of Tunisia'';
(B) by striking ``efforts of the armed forces'' and
inserting ``efforts as follows:
``(A) Efforts of the armed forces''; and
(C) by adding at the end the following new subparagraph:
``(B) Efforts of the armed forces of Egypt and the armed
forces of Tunisia to increase security and sustain increased
security along the border of Egypt and the border of Tunisia
with Libya, as applicable.''; and
(2) in subsection (c)(4), by striking ``along the border'' and
all that follows and inserting ``along the border of the country as
specified in subsection (a)(1).''.
(b) Funds Available for Support.--Subsection (b) of such section is
amended--
(1) in paragraphs (1) and (2), by striking ``Amounts'' and
inserting ``In fiscal year 2016, amounts''; and
(2) by adding at the end the following new paragraph:
``(3) In any fiscal year after fiscal year 2016, amounts
authorized to be appropriated for such fiscal year and available
for Operation and Maintenance, Defense-Wide, and the Counter
Islamic State of Iraq and the Levant Fund for such fiscal year.''.
(c) Extension.--Subsection (f) of such section is amended by
striking ``December 31, 2018'' and inserting ``December 31, 2019''.
(d) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECURITY
OPERATIONS.''.
SEC. 1295. MODIFICATION AND CLARIFICATION OF UNITED STATES-ISRAEL ANTI-
TUNNEL COOPERATION AUTHORITY.
(a) Amount of Support Providable by the United States.--Paragraph
(4) of section 1279(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1079; 22 U.S.C. 8606
note) is amended by striking ``$25,000,000'' and inserting
``$50,000,000''.
(b) Scope of Requirement for Matching Contribution by Israel.--
Paragraph (3) of such section is amended by inserting before the period
at the end the following: ``in the calendar year in which the support
is provided''.
(c) Use of Certain Amount for RDT&E Activities in the United
States.--Of the amount contributed by the United States for activities
under section 1279 of the National Defense Authorization Act for Fiscal
Year 2016, not less than 50 percent of such amount shall be used in
fiscal year 2017 for research, development, test, and evaluation
activities for purposes of such section in the United States.
SEC. 1296. MAINTENANCE OF PROHIBITION ON PROCUREMENT BY DEPARTMENT OF
DEFENSE OF PEOPLE'S REPUBLIC OF CHINA-ORIGIN ITEMS THAT MEET THE
DEFINITION OF GOODS AND SERVICES CONTROLLED AS MUNITIONS ITEMS WHEN
MOVED TO THE ``600 SERIES'' OF THE COMMERCE CONTROL LIST.
(a) In General.--Section 1211 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 2302 note) is
amended--
(1) in subsection (b), by inserting ``or in the 600 series of
the control list of the Export Administration Regulations'' after
``in Arms Regulations''; and
(2) in subsection (e), by adding at the end the following new
paragraph:
``(3) The term `600 series of the control list of the Export
Administration Regulations' means the 600 series of the Commerce
Control List contained in Supplement No. 1 to part 774 of subtitle
B of title 15 of the Code of Federal Regulations.''.
(b) Technical Corrections to ITAR References.--Such section is
further amended by striking ``Trafficking'' both places it appears and
inserting ``Traffic''.
SEC. 1297. INTERNATIONAL SALES PROCESS IMPROVEMENTS.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan to
improve the management and use of fees collected on transfer of defense
articles and services via sale, lease, or grant to international
customers under programs over which the Defense Security Cooperation
Agency has administration responsibilities. The plan shall include
options to use fees more effectively--
(1) to improve the staffing and processes of the licensing
review cycle at the Defense Technology Security Administration and
other reviewing authorities; and
(2) to maintain a cadre of contracting officers and acquisition
officials who specialize in foreign military sales contracting.
(b) Process for Gathering Input.--The Secretary of Defense shall
establish a process for contractors to provide input, feedback, and
adjudication of any differences regarding the appropriateness of
governmental pricing and availability estimates prior to the delivery
to potential foreign customers of formal responses to Letters of
Request for Pricing and Availability.
SEC. 1298. EFFORTS TO END MODERN SLAVERY.
(a) Actions by the Secretary of Defense.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the appropriate congressional committees a briefing on the policies
and guidance of the Department of Defense with respect to the
education and training on human slavery and the appropriate role of
the United States Armed Forces in combatting trafficking in persons
that is received by personnel of the Armed Forces, including
uniformed personnel and civilians engaged in partnership with
foreign nations.
(2) Elements.--The briefing required under paragraph (1) shall
address--
(A) resources available for Armed Forces personnel who
become aware of instances of human slavery or trafficking in
persons while deployed overseas; and
(B) guidance on the requirement to make official reports
through the chain of command, the roles and responsibilities of
military and civilian officials of the United States Armed
Forces and host nations, circumstances in which members of the
Armed Forces are authorized to take immediate action to prevent
loss of life or serious injury, and the authority to use
appropriate force to stop or prevent sexual abuse or
exploitation of children.
(b) Grant Authorization.--The Secretary of State is authorized to
make a grant or grants of funding to provide support for
transformational programs and projects that seek to achieve a
measurable and substantial reduction of the prevalence of modern
slavery in targeted populations within partner countries (or
jurisdictions thereof).
(c) Monitoring and Evaluation.--Any grantee shall--
(1) develop specific and detailed criteria for the monitoring
and evaluation of supported projects;
(2) implement a system for measuring progress against baseline
data that is rigorously designed based on international corporate
and nongovernmental best practices;
(3) ensure that each supported project is regularly and
rigorously monitored and evaluated, on a not less than biennial
basis, by an independent monitoring and evaluation entity, against
the specific and detailed criteria established pursuant to
paragraph (1), and that the progress of the project towards its
stated goals is measured by such entity against baseline data;
(4) support the development of a scientifically sound,
representative survey methodology for measuring prevalence with
reference to existing research and experience, and apply the
methodology consistently to determine the baseline prevalence in
target populations and outcomes in order to periodically assess
progress in reducing prevalence; and
(5) establish, and revise on a not less than annual basis,
specific and detailed criteria for the suspension and termination,
as appropriate, of projects supported by the grantee that regularly
or consistently fail to meet the criteria required by this section.
(d) Auditing.--
(1) In general.--Any grantee shall be subject to the same
auditing, recordkeeping, and reporting obligations required under
subsections (e), (f), (g), and (i) of section 504 of the National
Endowment for Democracy Act (22 U.S.C. 4413).
(2) Comptroller general audit authority.--
(A) In general.--The Comptroller General of the United
States may evaluate the financial transactions of the grantee
as well as the programs or activities the grantee carries out
pursuant to this section.
(B) Access to records.--Any grantee shall provide the
Comptroller General, or the Comptroller General's duly
authorized representatives, access to such records as the
Comptroller General determines necessary to conduct evaluations
authorized by this section.
(e) Annual Report.--Any grant recipient shall submit a report to
the Secretary of State annually and the Secretary shall transmit it to
the appropriate congressional committees within 30 days. Such report
shall include the names of each of the projects or sub-grantees
receiving such funding pursuant to this section and the amount of
funding provided for, along with a detailed description of, each such
project.
(f) Rule of Construction Regarding Availability of Fiscal Year 2016
Appropriations.--The enactment of this section is deemed to meet the
condition of the first proviso of paragraph (2) of section 7060(f) of
the Department of State, Foreign Operations, and Related Appropriations
Act, 2016 (division K of Public Law 114-113), and the funds referred to
in such paragraph shall be made available in accordance with, and for
the purposes set forth in, such paragraph.
(g) Authorization of Appropriations; Sunset.--
(1) Authorization of appropriations for fiscal years 2017
through 2020.--There is authorized to be appropriated to the
Department of State for the purpose of making a grant or grants
authorized under this section, for each fiscal year from 2017
through 2020, $37,500,000.
(2) Sunset.--The authorities of subsections (b) through (f)
shall expire on September 30, 2020.
(h) Comptroller General Review of Existing Programs.--
(1) In general.--Not later than September 30, 2018, and
September 30, 2020, the Comptroller General of the United States
shall submit to Congress a report on all of the programs conducted
by the Department of State, the United States Agency for
International Development, the Department of Labor, the Department
of Defense, and the Department of the Treasury that address human
trafficking and modern slavery, including a detailed analysis of
the effectiveness of such programs in limiting human trafficking
and modern slavery and specific recommendations on which programs
are not effective at reducing the prevalence of human trafficking
and modern slavery and how the funding for such programs may be
redirected to more effective efforts.
(2) Consideration of report.--The Comptroller General of the
United States shall brief the appropriate congressional committees
on the report submitted under paragraph (1). The appropriate
congressional committees shall review and consider the reports and
shall, as appropriate, consider modifications to authorization
levels and programs within the jurisdiction of such committees to
address the recommendations made in the report.
(i) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives.

TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for Cooperative Threat
Reduction in People's Republic of China.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS.
(a) Fiscal Year 2017 Cooperative Threat Reduction Funds Defined.--
In this title, the term ``fiscal year 2017 Cooperative Threat Reduction
funds'' means the funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative Threat
Reduction Program established under section 1321 of the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3711).
(b) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for obligation
for fiscal years 2017, 2018, and 2019.
SEC. 1302. FUNDING ALLOCATIONS.
(a) In General.--Of the $325,604,000 authorized to be appropriated
to the Department of Defense for fiscal year 2017 in section 301 and
made available by the funding table in division D for the Department of
Defense Cooperative Threat Reduction Program established under section
1321 of the Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $11,791,000.
(2) For chemical weapons destruction, $2,942,000.
(3) For global nuclear security, $16,899,000.
(4) For cooperative biological engagement, $213,984,000.
(5) For proliferation prevention, $50,709,000, of which--
(A) $4,000,000 may be obligated for purposes relating to
nuclear nonproliferation assisted or caused by additive
manufacture technology (commonly referred to as ``3D
printing'');
(B) $4,000,000 may be obligated for monitoring the
``proliferation pathways'' under the Joint Comprehensive Plan
of Action;
(C) $4,000,000 may be obligated for enhancing law
enforcement cooperation and intelligence sharing; and
(D) $4,000,000 may be obligated for the Proliferation
Security Initiative under subtitle B of title XVIII of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(50 U.S.C. 2911 et seq.).
(6) For threat reduction engagement, $2,000,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $27,279,000.
(b) Modifications to Certain Requirements.--The Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) is
amended as follows:
(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended by
striking ``15 days'' and inserting ``45 days''.
(2) Section 1322(b) (50 U.S.C. 3712(b)) is amended--
(A) by striking ``At the time at which'' and inserting
``Not later than 15 days before the date on which'';
(B) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(C) in paragraph (2), by striking the period and inserting
``; and''; and
(D) by adding at the end the following new paragraph:
``(3) a discussion of--
``(A) whether authorities other than the authority under
this section are available to the Secretaries to perform such
project or activity to meet the threats or goals identified
under subsection (a)(1); and
``(B) if such other authorities exist, why the Secretaries
were not able to use such authorities for such project or
activity.''.
(3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended by
striking ``at the time at which'' and inserting ``not later than
seven days before the date on which''.
(4) Section 1324 (50 U.S.C. 3714) is amended--
(A) in subsection (a)(1)(C), by striking ``15 days'' and
inserting ``45 days''; and
(B) in subsection (b)(3), by striking ``15 days'' and
inserting ``45 days''.
(c) Joint Comprehensive Plan of Action Defined.--In this section,
the term ``Joint Comprehensive Plan of Action'' means the Joint
Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran
and by the People's Republic of China, France, Germany, the Russian
Federation, the United Kingdom, and the United States, with the High
Representative of the European Union for Foreign Affairs and Security
Policy, and all implementing materials and agreements related to the
Joint Comprehensive Plan of Action, and transmitted by the President to
Congress on July 19, 2015, pursuant to section 135(a) of the Atomic
Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act
of 2015 (Public Law 114-17; 129 Stat. 201).
SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT
REDUCTION IN PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The Department of Defense Cooperative Threat
Reduction Act (50 U.S.C. 3701 et seq.) is amended by inserting after
section 1334 the following new section:
``SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT
REDUCTION ACTIVITIES IN PEOPLE'S REPUBLIC OF CHINA.
``(a) Semiannual Installments.--In carrying out activities under
the Program in the People's Republic of China, the Secretary of Defense
shall ensure that Cooperative Threat Reduction funds for such
activities are obligated or expended in semiannual installments.
``(b) Required Reports.--
``(1) Additional information.--With respect to carrying out
activities under the Program in the People's Republic of China, the
Secretary of Defense shall submit to the congressional defense
committees the reports required by section 1321(g) on a semiannual
basis by not later than 15 days before any obligation of
Cooperative Threat Reduction funds for such activities during the
covered semiannual period. In addition to the matters required by
such section, each such report shall include, in coordination with
the Secretary of State--
``(A) whether China has taken material steps to--
``(i) disrupt the proliferation activities of Li
Fangwei (also known as Karl Lee, or any other alias known
by the United States); and
``(ii) arrest Li Fangwei pursuant the indictment
charged in the United States District Court for the
Southern District of New York on April 29, 2014;
``(B) whether China has proliferated to any non-nuclear
weapons state, or any nuclear weapons state in violation of the
Treaty on the Non-Proliferation of Nuclear Weapons, any item
that contributes to a ballistic missile or nuclear weapons
delivery system; and
``(C) the number, type, and summary of any demarches
between the United States and China with respect to the matters
described in subparagraphs (A) and (B).
``(2) Additional submissions.--At the same time as the
Secretary of Defense submits to the congressional defense
committees the information described in subparagraphs (A), (B), and
(C) of paragraph (1) as part of the reports required by section
1321(g), the Secretary shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate such information.
``(3) Coverage.--With respect to the information described in
subparagraphs (A), (B), and (C) of paragraph (1)--
``(A) the first report described in such paragraph that is
submitted after the date of the enactment of this section shall
cover the preceding 12-month period before the date of such
submission; and
``(B) each subsequent report shall cover the semiannual
period preceding the date of such submission.
``(4) Form.--The information described in subparagraphs (A),
(B), and (C) of paragraph (1) shall be submitted in unclassified
form, but may include a classified annex.''.
(b) Conforming Amendments.--Section 1321(g) of such Act (50 U.S.C.
3711(g)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``Annual requirement'' and
inserting ``Reports requirement''; and
(B) by striking ``that fiscal year'' and inserting ``that
fiscal year (or, in accordance with section 1335(b), the
semiannual period covered by the report)''; and
(2) in paragraph (3), by striking ``Paragraph (1)'' and
inserting ``Except for Cooperative Threat Reduction funds subject
to section 1335, paragraph (1)''.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Subtitle B--National Defense Stockpile

Sec. 1411. Authority to dispose of certain materials from and to acquire
additional materials for the National Defense Stockpile.
Sec. 1412. National Defense Stockpile matters.

Subtitle C--Chemical Demilitarization Matters

Sec. 1421. National Academies of Sciences study on conventional
munitions demilitarization alternative technologies.

Subtitle D--Other Matters

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.

Subtitle B--National Defense Stockpile

SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM AND TO
ACQUIRE ADDITIONAL MATERIALS FOR THE NATIONAL DEFENSE STOCKPILE.
(a) Disposal Authority.--Pursuant to section 5(b) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the
National Defense Stockpile Manager may dispose of the following
materials contained in the National Defense Stockpile in the following
quantities:
(1) 27 short tons of beryllium.
(2) 111,149 short tons of chromium, ferroalloy.
(3) 2,973 short tons of chromium metal.
(4) 8,380 troy ounces of platinum.
(5) 275,741 pounds of contained tungsten metal powder.
(6) 12,433,796 pounds of contained tungsten ores and
concentrates.
(b) Acquisition Authority.--
(1) Authority.--Using funds available in the National Defense
Stockpile Transaction Fund, the National Defense Stockpile Manager
may acquire the following materials determined to be strategic and
critical materials required to meet the defense, industrial, and
essential civilian needs of the United States:
(A) High modulus and high strength carbon fibers.
(B) Tantalum.
(C) Germanium.
(D) Tungsten rhenium metal.
(E) Boron carbide powder.
(F) Europium.
(G) Silicon carbide fiber.
(2) Amount of authority.--The National Defense Stockpile
Manager may use up to $55,000,0000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified paragraph (1).
(3) Fiscal year limitation.--The authority under paragraph (1)
is available for purchases during fiscal year 2017 through fiscal
year 2021.
SEC. 1412. NATIONAL DEFENSE STOCKPILE MATTERS.
(a) Materials Constituting the National Defense Stockpile.--Section
4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98c) is amended--
(1) in subsection (b), by striking ``required for'' and
inserting ``suitable for transfer or disposal through''; and
(2) in subsection (c)--
(A) by striking ``(1)'' and all that follows through
``(2)''; and
(B) by striking ``this subsection'' and inserting
``subsection (b)''.
(b) Qualification of Domestic Sources.--Section 15(a) of such Act
(50 U.S.C. 98h-6(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) by qualifying existing domestic facilities and
domestically produced strategic and critical materials to meet the
requirements of defense and essential civilian industries in times
of national emergency when existing domestic sources of supply are
either insufficient or vulnerable to single points of failure; and
``(4) by contracting with domestic facilities to recycle
strategic and critical materials, thereby increasing domestic
supplies when such materials would otherwise be insufficient to
support defense and essential civilian industries in times of
national emergency.''.

Subtitle C--Chemical Demilitarization Matters

SEC. 1421. NATIONAL ACADEMIES OF SCIENCES STUDY ON CONVENTIONAL
MUNITIONS DEMILITARIZATION ALTERNATIVE TECHNOLOGIES.
(a) In General.--The Secretary of the Army shall enter into an
arrangement with the Board on Army Science and Technology 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

Subtitle B--Financial Matters

Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.

Subtitle C--Limitations, Reports, and Other Matters

Subtitle A--Authorization of Appropriations

SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS OF
APPROPRIATIONS.
(a) Purpose.--The purpose of this subtitle is to authorize
appropriations for the Department of Defense for fiscal year 2017 to
provide additional funds--
(1) for overseas contingency operations being carried out by
the Armed Forces; and
(2) pursuant to sections 1502, 1503, 1504, 1505, and 1507 for
expenses, not otherwise provided for, for procurement, research,
development, test, and evaluation, operation and maintenance,
military personnel, and defense-wide drug interdiction and counter-
drug activities, as specified in the funding tables in sections
4103, 4203, 4303, 4403, and 4503.
(b) Support of Base Budget Requirements; Treatment.--Funds
identified in subsection (a)(2) are being authorized to be appropriated
in support of base budget requirements as requested by the President
for fiscal year 2017 pursuant to section 1105(a) of title 31, United
States Code. The Director of the Office of Management and Budget shall
apportion the funds identified in such subsection to the Department of
Defense without restriction, limitation, or constraint on the execution
of such funds in support of base requirements, including any
restriction, limitation, or constraint imposed by, or described in, the
document entitled ``Criteria for War/Overseas Contingency Operations
Funding Requests'' transmitted by the Director to the Department of
Defense on September 9, 2010, or any successor or related guidance.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2017
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in--
(1) the funding table in section 4102; or
(2) the funding table in section 4103.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in--
(1) the funding table in section 4202; or
(2) the funding table in section 4203.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in--
(1) the funding table in section 4302, or
(2) the funding table in section 4303.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
military personnel, as specified in--
(1) the funding table in section 4402; or
(2) the funding table in section 4403.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in--
(1) the funding table in section 4502; or
(2) the funding table in section 4503.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2017 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4502.

Subtitle B--Financial Matters

SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this title for fiscal year 2017
between any such authorizations for that fiscal year (or any
subdivisions thereof).
(2) Effect of transfer.--Amounts of authorizations transferred
under this subsection shall be merged with and be available for the
same purposes as the authorization to which transferred.
(3) Limitations.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection may
not exceed $3,500,000,000.
(4) Exception.--In the case of the authorizations of
appropriations contained in sections 1502, 1503, 1504, 1505, and
1507 that are provided for the purpose specified in section
1501(a)(2), the transfer authority provided under section 1001,
rather than the transfer authority provided by this subsection,
shall apply to any transfer of amounts of such authorizations.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.

Subtitle C--Limitations, Reports, and Other Matters

SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and Reporting
Requirements.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2017 shall be subject
to the conditions contained in subsections (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) Reporting Requirement.--
(1) Semi-annual reports.--Not later than January 31 and July 31
of each year through January 31, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report
summarizing the details of any obligation or transfer of funds from
the Afghanistan Security Forces Fund during the preceding six-
calendar month period.
(2) Conforming repeals.--(A) Section 1513 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 428), as amended by section 1531(b) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4424), is further amended by striking subsection
(g).
(B) Section 1517 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2442) is amended by striking subsection (f).
SEC. 1522. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsection 1532(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1091) is amended by striking ``fiscal year 2016'' and inserting
``fiscal years 2016 and 2017''.
(b) Extension of Interdiction of Improvised Explosive Device
Precursor Chemicals Authority.--Subsection (c) of section 1532 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 2057) is amended--
(1) in paragraph (1)--
(A) by striking ``for fiscal year 2013 and for fiscal year
2016,'' and inserting ``for fiscal years 2013, 2016, and
2017'';
(B) by inserting ``with the concurrence of the Secretary of
State'' after ``may be available to the Secretary of Defense'';
(C) by striking ``of the Government of Pakistan'' and
inserting ``of foreign governments''; and
(D) by striking ``from Pakistan to locations in
Afghanistan'';
(2) in paragraph (2), by striking ``of the Government of
Pakistan'' and inserting ``of foreign governments''; and
(3) in paragraph (4), as most recently amended by section
1532(b)(2) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1091), by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(c) Notice to Congress.--Paragraph (3) of such subsection is
amended to read as follows:
``(3) Notice to congress.--None of the funds made available
pursuant to paragraph (1) may be obligated or expended to supply
training, equipment, supplies, or services to a foreign country
before the date that is 15 days after the date on which the
Secretary of Defense, in coordination with the Secretary of State,
submits to the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on Armed Services
and the Committee on Foreign Affairs of the House of
Representatives a notice that contains--
``(A) the foreign country for which training, equipment,
supplies, or services are proposed to be supplied;
``(B) a description of the training, equipment, supplies,
and services to be provided using such funds;
``(C) a detailed description of the amount of funds
proposed to be obligated or expended to supply such training,
equipment, supplies or services, including any funds proposed
to be obligated or expended to support the participation of
another department or agency of the United States and a
description of the training, equipment, supplies, or services
proposed to be supplied;
``(D) an evaluation of the effectiveness of the efforts of
the foreign country identified under subparagraph (A) to
counter the flow of improvised explosive device precursor
chemicals; and
``(E) an overall plan for countering the flow of precursor
chemicals in the foreign country identified under subparagraph
(A).''.
SEC. 1523. EXTENSION OF AUTHORITY TO USE JOINT IMPROVISED EXPLOSIVE
DEVICE DEFEAT FUND FOR TRAINING OF FOREIGN SECURITY FORCES TO DEFEAT
IMPROVISED EXPLOSIVE DEVICES.
Section 1533(e) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1093) is amended by
striking ``September 30, 2018'' and inserting ``September 30, 2020''.
SEC. 1524. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the Department of Defense for overseas contingency operations in
such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
SEC. 1525. EXTENSION AND MODIFICATION OF AUTHORITIES ON
COUNTERTERRORISM PARTNERSHIPS FUND.
(a) Extension.--Section 1534 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3616) is amended--
(1) in subsection (a), by striking ``Amounts authorized to be
appropriated for fiscal year 2015 by this title'' and inserting
``Subject to subsection (b), amounts authorized to be appropriated
through fiscal year 2017''; and
(2) in subsection (h), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
(b) Limitation on Use of Funds Authorized for Fiscal Year 2016.--
Such section is further amended--
(1) by redesignating subsections (b) through (h) as subsections
(c) through (i), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Limitation on Use of Funds Authorized for Fiscal Year 2016.--
Amounts authorized to be appropriated for fiscal year 2016 for the
Counterterrorism Partnerships Fund may only be used for the purposes
specified in subsection (a)(2). In the use of such amounts, any
reference in this section to `subsection (a)' shall be deemed to be a
reference to `subsection (a)(2)'.''.
(c) Administration of Fund.--Subsection (e) of such section, as
redesignated by subsection (b)(1) of this section, is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs
(3), (4), and (5), respectively.
(d) Reports.--Subsection (h) of such section, as redesignated by
subsection (b)(1) of this section, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``and 2017'' and inserting ``2017, and
2018''; and
(B) by striking ``and 2016'' and inserting ``2016, and
2017'';
(2) in paragraph (4), by striking ``subsection (d)(5)'' and
inserting ``subsection (e)(4)''; and
(3) in paragraph (5), by striking ``subsection (f)'' and
inserting ``subsection (g)''.

TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A--Space Activities

Subtitle B--Defense Intelligence and Intelligence-Related Activities

Subtitle C--Cyberspace-Related Matters

Subtitle D--Nuclear Forces

Subtitle E--Missile Defense Programs

Subtitle F--Other Matters

Sec. 1697. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1698. Harmful interference to Department of Defense Global
Positioning System.

Subtitle A--Space Activities

SEC. 1601. REPEAL OF PROVISION PERMITTING THE USE OF ROCKET ENGINES
FROM THE RUSSIAN FEDERATION FOR THE EVOLVED EXPENDABLE LAUNCH VEHICLE
PROGRAM.
Section 8048 of the Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113; 129 Stat. 2363) is repealed.
SEC. 1602. EXCEPTION TO THE PROHIBITION ON CONTRACTING WITH RUSSIAN
SUPPLIERS OF ROCKET ENGINES FOR THE EVOLVED EXPENDABLE LAUNCH VEHICLE
PROGRAM.
Section 1608 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by section
1607 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1100), is further amended by striking
subsection (c) and inserting the following new subsection:
``(c) Exception.--The prohibition in subsection (a) shall not apply
to any of the following:
``(1) The placement of orders or the exercise of options under
the contract numbered FA8811-13-C-0003 and awarded on December 18,
2013.
``(2) Contracts that are awarded during the period beginning on
the date of the enactment of the National Defense Authorization Act
for Fiscal Year 2017 and ending December 31, 2022, for the
procurement of property or services for space launch activities
that include the use of a total of 18 rocket engines designed or
manufactured in the Russian Federation, in addition to the Russian-
designed or Russian-manufactured engines to which paragraph (1)
applies.''.
SEC. 1603. ROCKET PROPULSION SYSTEM TO REPLACE RD-180.
Section 1604 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended by section
1606 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1099), is further amended by striking
subsection (d) and inserting the following new subsections:
``(d) Use of Funds Under Development Program.--
``(1) Development of rocket propulsion system.--The funds
described in paragraph (2)--
``(A) may be obligated or expended for--
``(i) the development of the rocket propulsion system
to replace non-allied space launch engines pursuant to
subsection (a); and
``(ii) the necessary interfaces to, or integration of,
the rocket propulsion system with an existing or new launch
vehicle; and
``(B) except as provided by paragraph (3), may not be
obligated or expended to develop or procure a launch vehicle,
an upper stage, a strap-on motor, or related infrastructure.
``(2) Funds described.--The funds described in this paragraph
are the following:
``(A) Funds authorized to be appropriated by the National
Defense Authorization Act for Fiscal Year 2017 or otherwise
made available for fiscal year 2017 for the Department of
Defense for the development of the rocket propulsion system
under subsection (a).
``(B) Funds authorized to be appropriated by this Act or
the National Defense Authorization Act for Fiscal Year 2016 or
otherwise made available for fiscal years 2015 or 2016 for the
Department of Defense for the development of the rocket
propulsion system under subsection (a) that are unobligated as
of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017.
``(3) Other purposes.--The Secretary may obligate or expend not
more than a total of the amount calculated under paragraph (4) of
the funds that are authorized to be appropriated by the National
Defense Authorization Act for Fiscal Year 2017 or otherwise made
available for fiscal year 2017 for the rocket propulsion system and
launch system investment for activities not authorized by paragraph
(1)(A), including for developing a launch vehicle, an upper stage,
a strap-on motor, or related infrastructure. The Secretary may
exceed such limit calculated under paragraph (4) in fiscal year
2017 for such purposes if--
``(A) the Secretary certifies to the appropriate
congressional committees that, as of the date of the
certification--
``(i) the development of the rocket propulsion system
is being carried out pursuant to paragraph (1)(A) in a
manner that ensures that the rocket propulsion system will
meet each requirement under subsection (a)(2); and
``(ii) such obligation or expenditure will not
negatively affect the development of the rocket propulsion
system, including with respect to meeting such
requirements; and
``(B) the reprogramming or transfer is carried out in
accordance with established procedures for reprogramming or
transfers, including with respect to presenting a request for a
reprogramming of funds.
``(4) Calculation of amounts for other purposes.--In carrying
out paragraph (3), the Secretary shall calculate the amount of the
funds specified in such paragraph as follows:
``(A) If the total amount of funds that are authorized to
be appropriated by the National Defense Authorization Act for
Fiscal Year 2017 or otherwise made available for fiscal year
2017 for the rocket propulsion system and launch system
investment is equal to or less than $320,000,000, such amount
shall equal 31 percent.
``(B) If the total amount of funds that are authorized to
be appropriated by the National Defense Authorization Act for
Fiscal Year 2017 or otherwise made available for fiscal year
2017 for the rocket propulsion system and launch system
investment is greater than $320,000,000, such amount shall
equal the difference of--
``(i) the amount of funds so authorized to be
appropriated, minus
``(ii) $220,000,000.
``(e) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the congressional defense committees; and
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
``(2) The term `rocket propulsion system' means, with respect
to the development authorized by subsection (a), a main booster,
first-stage rocket engine or motor. The term does not include a
launch vehicle, an upper stage, a strap-on motor, or related
infrastructure.''.
SEC. 1604. PLAN FOR USE OF ALLIED LAUNCH VEHICLES.
(a) Plan.--The Secretary of Defense, in coordination with the
Director of National Intelligence, shall develop a plan to use allied
launch vehicles to meet the requirements for achieving the policy
relating to assured access to space set forth in section 2273 of title
10, United States Code, in the event that such requirements cannot be
met, for a limited period, using only launch vehicles of the United
States.
(b) Assessments.--In developing the plan required by subsection
(a), the Secretary shall conduct assessments of the following:
(1) What satellites of the United States would be appropriate
to be launched on an allied launch vehicle.
(2) The relevant laws, regulations, and policies governing the
launch of national security satellites and whether any legislative,
regulatory, or policy actions (including with respect to waivers)
would be necessary to allow for the launch of a national security
satellite on an allied launch vehicle.
(3) The certification requirements for using allied launch
vehicles pursuant to the plan and the estimated cost, schedule, and
actions that would be necessary to certify allied launch vehicles.
(4) Any other matters the Secretary determines appropriate.
(c) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the plan required by
subsection (a) and the assessments required by subsection (b).
(d) Definitions.--In this section:
(1) The term ``allied launch vehicle'' means a launch vehicle
of the government of a country that is an ally of the United
States. The term does not include a launch vehicle of the
Government of the Russian Federation, the Government of the
People's Republic of China, the Government of the Islamic Republic
of Iran, or the Government of the Democratic People's Republic of
Korea.
(2) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(3) The term ``national security satellite'' means a satellite
launched for national security purposes, including such a satellite
launched by the Air Force, the Navy, or the National Reconnaissance
Office, or any other element of the Department of Defense.
SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICATIONS.
Section 1611 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1103) is amended by striking
subsection (b) and inserting the following new subsections:
``(b) Scope.--
``(1) Study guidance.--In conducting the analysis of
alternatives under subsection (a), the Secretary shall develop
study guidance that requires such analysis to include the full
range of military and commercial satellite communications
capabilities, acquisition processes, and service delivery models.
``(2) Other considerations.--The Secretary shall ensure that--
``(A) any cost assessments of military or commercial
satellite communications systems included in the analysis of
alternatives conducted under subsection (a) include detailed
full life-cycle costs, as applicable, including with respect
to--
``(i) military personnel, military construction,
military infrastructure operation, maintenance costs, and
ground and user terminal impacts; and
``(ii) any other costs regarding military or commercial
satellite communications systems the Secretary determines
appropriate; and
``(B) such analysis identifies any considerations relating
to the use of military versus commercial systems.
``(c) Comptroller General Report.--
``(1) Submission.--Upon completion of the analysis of
alternatives conducted under subsection (a), the Secretary shall
submit such analysis to the Comptroller General of the United
States.
``(2) Report.--Not later than 120 days after the date on which
the Comptroller General receives the analysis of alternatives under
paragraph (1), the Comptroller General shall submit to the
congressional defense committees a report containing--
``(A) a review of the analysis; and
``(B) an assessment of the types of analyses the Secretary
has conducted to understand the costs and benefits of the use
of KA-band commercial satellite communications by the
Department of Defense.
``(3) Matters included.--The report under paragraph (2) shall
include the following:
``(A) With respect to the review of the analysis of
alternatives conducted under subsection (a)--
``(i) whether, and to what extent, the Secretary--

``(I) conducted such analysis using best practices;
``(II) fully addressed the concerns of the
acquisition, operational, and user communities; and
``(III) complied with subsection (b); and

``(ii) a description of how the Secretary identified
the requirements and assessed and addressed the cost,
schedule, and risks posed for each alternative included in
such analysis.
``(B) With respect to the assessment under paragraph
(2)(B)--
``(i) whether the Secretary has evaluated the use of
KA-band commercial satellite communications, based on total
cost, capabilities, and interoperability with existing or
planned terminals; and
``(ii) such other matters as the Comptroller General
considers appropriate.
``(d) Briefings.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2017, and semiannually thereafter until the date on which the analysis
of alternatives conducted under subsection (a) is completed, the
Secretary shall provide the Committees on Armed Services of the House
of Representatives and the Senate (and any other congressional defense
committee upon request) a briefing on such analysis.''.
SEC. 1606. MODIFICATION OF PILOT PROGRAM FOR ACQUISITION OF COMMERCIAL
SATELLITE COMMUNICATION SERVICES.
(a) Implementation of Goals.--Section 1605 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 10 U.S.C. 2208 note), as amended by
section 1612 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1103), is further amended by adding
at the end the following new subsection:
``(e) Implementation of Goals.--In developing and carrying out the
pilot program under subsection (a)(1), by not later than September 30,
2017, the Secretary shall take actions to begin the implementation of
each goal specified in subsection (b).''.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the
headquarters operations of the Air Force Space Command, not more than
95 percent may be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense committees a
plan to demonstrate that the pilot program under section 1605 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2208 note) will
achieve order-of-magnitude improvements in satellite communications
capability, as required by subsection (b)(5) of such section.
SEC. 1607. SPACE-BASED ENVIRONMENTAL MONITORING.
(a) Roles of DOD and NOAA.--
(1) Mechanisms.--The Secretary of Defense and the Administrator
of the National Oceanic and Atmospheric Administration shall
jointly establish mechanisms to collaborate and coordinate in
defining the roles and responsibilities of the Department of
Defense and the National Oceanic and Atmospheric Administration
to--
(A) carry out space-based environmental monitoring; and
(B) plan for future non-governmental space-based
environmental monitoring capabilities, as appropriate.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed to authorize a joint satellite program of the Department
of Defense and the National Oceanic and Atmospheric Administration.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary and the Administrator shall
jointly submit to the appropriate congressional committees a report on
the mechanisms established under subsection (a)(1).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Science, Space, and Technology of the
House of Representatives; and
(3) the Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 1608. PROHIBITION ON USE OF CERTAIN NON-ALLIED POSITIONING,
NAVIGATION, AND TIMING SYSTEMS.
(a) Prohibition.--During the period beginning not later than 60
days after the date of the enactment of this Act and ending on
September 30, 2018, the Secretary of Defense shall ensure that the
Armed Forces and each element of the Department of Defense do not use a
non-allied positioning, navigation, and timing system or service
provided by such a system.
(b) Waiver.--The Secretary may waive the prohibition in subsection
(a) if--
(1) the Secretary determines that the waiver is--
(A) in the national security interest of the United States;
and
(B) necessary to mitigate exigent operational concerns;
(2) the Secretary notifies, in writing, the appropriate
congressional committees of such waiver; and
(3) a period of 30 days has elapsed following the date of such
notification.
(c) Assessment.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the Chairman of the
Joint Chiefs of Staff, and the Director of National Intelligence shall
jointly submit to the appropriate congressional committees an
assessment of the risks to national security and to the operations and
plans of the Department of Defense from using a non-allied positioning,
navigation, and timing system or service provided by such a system.
Such assessment shall--
(1) address risks regarding--
(A) espionage, counterintelligence, and targeting;
(B) the use of the Global Positioning System by allies and
partners of the United States and others; and
(C) harmful interference to the Global Positioning System;
and
(2) include any other matters the Secretary, the Chairman, and
the Director determine appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``non-allied positioning, navigation, and timing
system'' means any of the following systems:
(A) The Beidou system.
(B) The Glonass global navigation satellite system.
SEC. 1609. LIMITATION OF AVAILABILITY OF FUNDS FOR THE JOINT SPACE
OPERATIONS CENTER MISSION SYSTEM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for increment 3 of the
Joint Space Operations Center Mission System may be obligated or
expended until the date on which the Secretary of the Air Force, in
coordination with the Commander of the United States Strategic Command,
submits to the congressional defense committees a report on such
increment, including--
(1) an acquisition strategy and strategic plan for such
increment that includes--
(A) the space battlement management, communication, and
control capabilities, as of the date of the enactment of this
Act;
(B) the plan to develop and perform space battlement
management, communication, and control capabilities in the
future; and
(C) the critical elements described in subparagraphs (A)
and (B) that will require common software and hardware in other
similar space battle management software and systems to promote
a common operating environment and reduce acquisition costs and
long-term maintenance requirements;
(2) the warfighter requirements of such increment;
(3) the funding and schedule for such increment;
(4) the strategy for use of commercially available
capabilities, as appropriate, relating to such increment to rapidly
address warfighter requirements, including the market research and
evaluation of such commercial capabilities; and
(5) the relationship of such increment with the other related
activities and investments of the Department of Defense.
SEC. 1610. LIMITATIONS ON AVAILABILITY OF FUNDS FOR THE GLOBAL
POSITIONING SYSTEM NEXT GENERATION OPERATIONAL CONTROL SYSTEM.
(a) Limitation Until Certification.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for the Global Positioning System Next Generation Operational
Control System (in this section referred to as ``OCX''), not more than
five percent may be obligated or expended for the current product
development contract for the OCX, or for any other purpose in
connection with the OCX, until the date on which the Secretary of
Defense submits to Congress the certification on the OCX required
pursuant to section 2433a(b) of title 10, United States Code, as a
result of the determination not to terminate the procurement of the
OCX.
(b) Additional Limitation Until Initial Briefing.--In addition to
the limitation in subsection (a), of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2017 for the OCX, not more than 50 percent may be obligated or expended
for the current product development contract for the OCX, or for any
other purpose in connection with the OCX, unless--
(1) the Secretary has submitted to Congress the certification
described in subsection (a); and
(2) not earlier than January 15, 2017, the Secretary provides
to the congressional defense committees a briefing on the OCX with
respect to--
(A) the status of the OCX program, including information on
the risks, costs, and schedule, and technical information;
(B) contingency plans and investments, and the status of
such plans and investments;
(C) an assessment of the OCX by the Director of Operational
Test and Evaluation; and
(D) the total program cost that is validated by the
Director of Cost Assessment and Program and a five-year budget
that is based on an updated and rebaselined program cost.
(c) Additional Limitation Until Second Briefing.--In addition to
the limitations in subsection (a) and (b), of the funds authorized to
be appropriated by this Act or otherwise made available for fiscal year
2017 for the OCX, not more than 75 percent may be obligated or expended
for the current product development contract for the OCX, or for any
other purpose in connection with the OCX, unless--
(1) the Secretary has submitted to Congress the certification
described in subsection (a);
(2) the Secretary has provided to the congressional defense
committees the briefing under subsection (b)(2); and
(3) not earlier than March 15, 2017, the Secretary provides to
the congressional defense committees an update to such briefing.
(d) Adjustment of Briefing Dates.--The Secretary may provide the
briefing under subsection (b)(2) or subsection (c)(3), respectively,
before the date specified by such subsection if the Secretary
determines that providing such briefing before such date is necessary
for the national security interests of the United States.
SEC. 1611. AVAILABILITY OF FUNDS FOR CERTAIN SECURE VOICE CONFERENCING
CAPABILITIES.
Of the funds authorized to be appropriated or otherwise made
available by the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) or
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) or otherwise made available for fiscal years 2015 or 2016 for
research, development, test, and evaluation, Air Force, and available
for obligation as of the date of the enactment of this Act, not more
than $10,200,000 may be used to support the accomplishment by the Air
Force of integration and associated critical testing and systems
engineering activities for the Presidential and National Voice
Conferencing program and the Advanced Extremely High Frequency Extended
Data Rate, worldwide, secure, survivable voice conferencing capability
for the President and national leaders, as described in the
reprogramming action prior approval request submitted by the Under
Secretary of Defense (Comptroller) to Congress on March 3, 2016.
SEC. 1612. SPACE-BASED INFRARED SYSTEM AND ADVANCED EXTREMELY HIGH
FREQUENCY PROGRAM.
(a) Limitation on Development and Acquisition of Alternatives.--
(1) Limitation.--Except as provided by paragraph (4), the
Secretary of Defense may not develop or acquire an alternative to
the space-based infrared system program of record or develop or
acquire an alternative to the advanced extremely high frequency
program of record until the date on which the Commander of the
United States Strategic Command and the Director of the Space
Security and Defense Program, in consultation with the Defense
Intelligence Officer for Science and Technology of the Defense
Intelligence Agency, jointly submit to the appropriate
congressional committees the assessments described in paragraph (2)
for the respective program.
(2) Assessment.--The assessments described in this paragraph
are--
(A) an assessment of the resilience and mission assurance
of each alternative to the space-based infrared system being
considered by the Secretary of the Air Force; and
(B) an assessment of the resilience and mission assurance
of each alternative to the advanced extremely high frequency
program being considered by the Secretary of the Air Force.
(3) Elements.--An assessment described in paragraph (2) shall
include, with respect to each alternative to the space-based
infrared system program of record and each alternative to the
advanced extremely high frequency program of record being
considered by the Secretary of the Air Force, the following:
(A) The requirements for resilience and mission assurance.
(B) The criteria to measure such resilience and mission
assurance.
(C) How the alternative affects--
(i) deterrence and full spectrum warfighting;
(ii) warfighter requirements and relative costs to
include ground station and user terminals;
(iii) the potential order of battle of adversaries; and
(iv) the required capabilities of the broader space
security and defense enterprise.
(4) Exception.--The limitation in paragraph (1) shall not apply
to efforts to examine and develop technology insertion
opportunities for the space-based infrared system program of record
or the satellite communications programs of record.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) With respect to the submission of the assessment described
in subparagraph (A) of subsection (a)(2), the--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) With respect to the submission of the assessment described
in subparagraph (B) of subsection (a)(2), the congressional defense
committees.
SEC. 1613. PILOT PROGRAM ON COMMERCIAL WEATHER DATA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a pilot
program to assess the viability of commercial satellite weather data to
support requirements of the Department of Defense.
(b) Duration.--The Secretary may carry out the pilot program under
subsection (a) for a period not exceeding one year.
(c) Briefings.--
(1) Interim briefing.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the House of
Representatives and the Senate (and to any other congressional
defense committee upon request) demonstrating how the Secretary
plans to implement the pilot program under subsection (a).
(2) Final briefing.--Not later than 90 days after the pilot
program under subsection (a) is completed, the Secretary shall
provide a briefing to the Committees on Armed Services of the House
of Representatives and the Senate (and to any other congressional
defense committee upon request) on the utility, cost, and other
considerations regarding the purchase of commercial satellite
weather data to support the requirements of the Department of
Defense.
SEC. 1614. PLANS ON TRANSFER OF ACQUISITION AND FUNDING AUTHORITY OF
CERTAIN WEATHER MISSIONS TO NATIONAL RECONNAISSANCE OFFICE.
(a) Limitation.--Except as provided by subsection (c), of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2017 for research, development, test, and evaluation,
Air Force, for the weather satellite follow-on system, not more than 50
percent may be obligated or expended until the date on which the
Secretary of the Air Force submits to the appropriate congressional
committees the plan under subsection (b)(1).
(b) Plans for Transfer of Authority.--
(1) Air force plan.--Except as provided by subsection (c), the
Secretary of the Air Force shall develop a plan for the Air Force
to transfer, beginning with fiscal year 2018, the acquisition
authority and the funding authority for covered space-based
environmental monitoring missions from the Air Force to the
National Reconnaissance Office, including a description of the
amount of funds that would be necessary to be transferred from the
Air Force to the National Reconnaissance Office during fiscal years
2018 through 2022 to carry out such plan.
(2) NRO plan.--
(A) Except as provided by subsection (c), the Director of
the National Reconnaissance Office shall develop a plan for the
National Reconnaissance Office to address how to carry out
covered space-based environmental monitoring missions. Such
plan shall include--
(I) a description of the related national security
requirements for such missions;
(ii) a description of the appropriate manner to meet
such requirements; and
(iii) the amount of funds that would be necessary to be
transferred from the Air Force to the National
Reconnaissance Office during fiscal years 2018 through 2022
to carry out such plan.
(B) In developing the plan under subparagraph (A), the
Director may conduct pre-acquisition activities, including with
respect to requests for information, analyses of alternatives,
study contracts, modeling and simulation, and other activities
the Director determines necessary to develop such plan.
(C) Except as provided by subsection (c), the Director
shall submit to the appropriate congressional committees such
plan by not later than July 1, 2017.
(3) Independent cost estimate.--The Director of the Cost
Assessment Improvement Group of the Office of the Director of
National Intelligence, in coordination with the Director of Cost
Assessment and Program Evaluation, shall certify to the appropriate
congressional committees that the amounts of funds identified under
paragraphs (1) and (2)(A)(iii) as being necessary to transfer are
appropriate and include funding for positions and personnel to
support program office costs.
(c) Waiver Based on Report and Certification of Air Force
Acquisition Program.--The Secretary of the Air Force may waive the
limitation in subsection (a) and the requirement to develop a plan
under subsection (b)(1), and the Director of the National
Reconnaissance Office may waive the requirement to develop a plan under
subsection (b)(2), if the Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Chairman of the Joint Chiefs of Staff
jointly submit to the appropriate congressional committees a report by
not later than July 1, 2017, that contains--
(1) a certification that the Secretary of the Air Force is
carrying out a formal acquisition program that has received
Milestone A approval to address the cloud characterization and
theater weather imagery requirements of the Department of Defense;
and
(2) an identification of the cost, schedule, requirements, and
acquisition strategy of such acquisition program.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives the Select Committee on Intelligence
of the Senate.
(2) The term ``covered space-based environmental monitoring
missions'' means the acquisition programs necessary to meet the
national security requirements for cloud characterization and
theater weather imagery.
(3) The term ``Milestone A approval'' has the meaning given
that term in section 2366a(d) of title 10, United States Code.
SEC. 1615. FIVE-YEAR PLAN FOR JOINT INTERAGENCY COMBINED SPACE
OPERATIONS CENTER.
(a) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall submit to the appropriate
congressional committees a plan for the Joint Interagency Combined
Space Operations Center for the five-year period beginning on such date
of enactment that includes--
(1) a description of the roles, responsibilities, and objective
of the Center;
(2) an estimate of funding during the period covered by the
current future-years defense program under section 221 of title 10,
United States Code, needed for the Center that includes a
description of contributions from other Federal agencies;
(3) an estimate of the personnel needed for the Center, listed
by military personnel, civilian personnel, and contractor
personnel, and the organization or commercial entity such personnel
are representing;
(4) a description of planned activities of the Center;
(5) a description of planned use of commercial capabilities by
the Center, as appropriate;
(6) a description of how the Center will complement and support
the mission of the Joint Space Operations Center; and
(7) a description of the command and control of the related
operations of the Joint Interagency Combined Space Operations
Center.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1616. ORGANIZATION AND MANAGEMENT OF NATIONAL SECURITY SPACE
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) National security space capabilities are a vital element of
the national defense of the United States.
(2) The advantages of the United States in national security
space are now threatened to an unprecedented degree by growing and
serious counterspace capabilities of potential foreign adversaries,
and the space advantages of the United States must be protected.
(3) The Department of Defense has recognized the threat and has
taken initial steps necessary to defend space, however the
organization and management may not be strategically postured to
fully address this changed domain of operations over the long term.
(4) The defense of space is currently a priority for the
leaders of the Department, however the space mission is managed
within competing priorities of each of the Armed Forces.
(5) Space elements provide critical capabilities to all of the
Armed Forces in the joint fight, however the disparate activities
throughout the Department have no single leader that is empowered
to make decisions affecting the space forces of the Department.
(b) Sense of Congress.--It is the sense of Congress that, to
modernize and fully address the growing threat to the national security
space advantage of the United States, the Secretary of Defense must
evaluate the range of options and take further action to strengthen the
leadership, management, and organization of the national security space
activities of the Department of Defense, including with respect to--
(1) unifying, integrating, and de-conflicting activities to
provide for stronger prioritization, accountability, coherency,
focus, strategy, and integration of the joint space program of the
Department;
(2) streamlining decision-making, limiting unnecessary
bureaucracy, and empowering the appropriate level of authority,
while enabling effective oversight;
(3) maintaining the involvement of each of the Armed Forces and
adapting the culture and improving the capabilities of the
workforce to ensure the workforce has the appropriate training,
experience, and tools to accomplish the mission; and
(4) reviewing authorities and preparing for a conflict that
could extend to space.
(c) Recommendations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Director of the
Office of Management and Budget shall each separately submit to the
appropriate congressional committees recommendations to--
(1) in accordance with subsection (b), strengthen the
leadership, management, and organization of the Department of
Defense with respect to the national security space activities of
the Department; and
(2) address the findings covered in the report of the
Comptroller General of the United States numbered GAO-16-592R
regarding space acquisition and oversight of the Department of
Defense.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1617. REVIEW OF CHARTER OF OPERATIONALLY RESPONSIVE SPACE PROGRAM
OFFICE.
(a) Review.--The Secretary of Defense shall conduct a review of
charter of the Operationally Responsive Space Program Office
established by section 2273a of title 10, United States Code (in this
section referred to as the ``Office'').
(b) Elements.--The review under subsection (a) shall include the
following:
(1) A review of the key operationally responsive space needs
with respect to the warfighter and with respect to national
security.
(2) How the Office could fit into the broader resilience and
space security strategy of the Department of Defense.
(3) An assessment of the potential of the Office to focus on
the reconstitution capabilities with small satellites using low-
cost launch vehicles and existing infrastructure.
(4) An assessment of the potential of the Office to leverage
existing or planned commercial capabilities.
(5) A review of the necessary workforce specialties and
acquisition authorities of the Office.
(6) A review of the funding profile of the Office.
(7) A review of the organizational placement and reporting
structure of the Office.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report containing the review under subsection (a),
including any recommendations for legislative actions based on such
review.
SEC. 1618. BACKUP AND COMPLEMENTARY POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES OF GLOBAL POSITIONING SYSTEM.
(a) Study.--
(1) In general.--The covered Secretaries shall jointly conduct
a study to assess and identify the technology-neutral requirements
to backup and complement the positioning, navigation, and timing
capabilities of the Global Positioning System for national security
and critical infrastructure.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the covered Secretaries shall submit to the
appropriate congressional committees a report on the study under
paragraph (1). Such report shall include--
(A) with respect to the Department of each covered
Secretary, the identification of the respective requirements to
backup and complement the positioning, navigation, and timing
capabilities of the Global Positioning System for national
security and critical infrastructure;
(B) an analysis of alternatives to meet such requirements,
including, at a minimum--
(i) an analysis of appropriate technology options;
(ii) an analysis of the viability of a public-private
partnership to establish a complementary positioning,
navigation, and timing system; and
(iii) an analysis of the viability of service level
agreements to operate a complementary positioning,
navigation, and timing system; and
(C) a plan to meet such requirements that includes--
(i) for each such Department, the estimated costs,
schedule, and system level technical considerations,
including end user equipment and integration
considerations; and
(ii) identification of the appropriate resourcing for
each such Department in accordance with the respective
requirements of the Department, including domestic or
international requirements.
(b) Single Designated Official.--Each covered Secretary shall
designate a single senior official of the Department of the Secretary
to act as the primary representative of such Department for purposes of
conducting the study under subsection (a)(1).
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and Technology, the
Committee on Transportation and Infrastructure, and the
Committee on Homeland Security of the House of Representatives;
and
(C) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental Affairs
of the Senate.
(2) The term ``covered Secretaries'' means the Secretary of
Defense, the Secretary of Transportation, and the Secretary of
Homeland Security.
SEC. 1619. REPORT ON USE OF SPACECRAFT ASSETS OF THE SPACE-BASED
INFRARED SYSTEM WIDE-FIELD-OF-VIEW PROGRAM.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of National Intelligence, shall submit to the appropriate
congressional committees a report on the advisability and feasibility
of using available spacecraft assets of the space-based infrared system
wide-field-of-view program to satisfy other mission requirements of the
Department of Defense or the intelligence community.
(b) Matters Covered.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) An evaluation of using the space-based infrared system
wide-field-of-view spacecraft bus for other urgent national
security space priorities.
(2) An evaluation of the cost and schedule impact, if any, to
the space-based infrared system wide-field-of-view program if the
spacecraft bus is used for another purpose.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may contain a classified annex if necessary
to protect the national security interests of the United States.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1620. PROVISION OF CERTAIN INFORMATION TO GOVERNMENT
ACCOUNTABILITY OFFICE BY NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--The Director of the National Reconnaissance Office
shall provide to the Comptroller General of the United States, in a
timely manner, access to the cost, schedule, and performance
information the Comptroller General requires to conduct assessments, as
required by any of the appropriate congressional committees, of
programs of the National Reconnaissance Office.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1621. COST-BENEFIT ANALYSIS OF COMMERCIAL USE OF EXCESS BALLISTIC
MISSILE SOLID ROCKET MOTORS.
(a) In General.--The Comptroller General of the United States shall
conduct an analysis of the costs and benefits of allowing the use of
solid rocket motors from missiles described in section 50134(c) of
title 51, United States Code, for commercial space launch purposes.
Such analysis shall include an evaluation of the effect, if any, of
allowing such use on national security, the Department of Defense, the
solid rocket motor industrial base, the commercial space launch market,
and any other areas the Comptroller General considers appropriate.
(b) Briefings.--
(1) Interim briefing.--Not later than March 15, 2017, the
Comptroller General shall provide to the appropriate congressional
committees an interim briefing on the analysis under subsection
(a).
(2) Final briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall provide to
the appropriate congressional committees a final briefing on the
analysis under subsection (a).
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
SEC. 1622. INDEPENDENT ASSESSMENT OF GLOBAL POSITIONING SYSTEM NEXT
GENERATION OPERATIONAL CONTROL SYSTEM.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an arrangement with a federally funded research and development
center, or other appropriate independent entity, to assess the
acquisition strategy of the Air Force for the Global Positioning System
Next Generation Operational Control System (in this section referred to
as ``OCX'').
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) An assessment of the ability of the Air Force to complete
blocks zero through two of the OCX operating system on a schedule
necessary to transition the OCX to full operation.
(2) An estimate of the cost of completing blocks zero through
two on the schedule described in paragraph (1), taking into
account--
(A) the rate of software defects;
(B) earned value management; and
(C) information assurance requirements.
(3) An assessment of the ability of the Air Force to implement
contingency plans for sustaining the Global Positioning System
constellation to mitigate the effects of delays to the
implementation of the OCX and to alleviate challenges with respect
to the operations and checkout of the Global Positioning System III
satellites.
(4) An assessment of any risks to the viability and required
availability of the Global Positioning System constellation
associated with efforts to complete blocks zero through two as
described in paragraph (1) or the contingency plans described in
paragraph (3).
(5) An assessment of whether there are well-defined methods for
terminating the OCX program (including an analysis of the ability
of alternative systems to satisfy the requirements of the
Department of Defense), in the event of the inability of the Air
Force to successfully complete blocks zero through two or other
requirements for the OCX while ensuring that the Global Positioning
System constellation meets requirements for the availability of
that System.
(6) Any other matters the entity conducting the assessment
determines appropriate.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the results of the assessment required
by subsection (a).

Subtitle B--Defense Intelligence and Intelligence-Related Activities

SEC. 1631. REPORT ON UNITED STATES CENTRAL COMMAND INTELLIGENCE FUSION
CENTER.
(a) Report on Procedures.--Not later than March 1, 2017, the
Commander of the United States Central Command shall submit to the
appropriate congressional committees a report on the steps taken by the
Commander to formalize and disseminate procedures for establishing,
staffing, and operating the Intelligence Fusion Center of the United
States Central Command.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1632. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN RELOCATION
ACTIVITIES FOR NATO INTELLIGENCE FUSION CELL.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2017 for
operation and maintenance may be obligated or expended for the
procurement of fit-out supplies and equipment to support the relocation
of the NATO Intelligence Fusion Cell from Royal Air Force Molesworth,
United Kingdom, to Royal Air Force Croughton, United Kingdom.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Director of National Intelligence, shall submit to the appropriate
congressional committees a report on the NATO Intelligence Fusion Cell
that outlines--
(1) the current facility and support requirements and
associated costs, including any adjustments of such requirements
and costs, for the NATO Intelligence Fusion Cell to be located and
operationally viable at Royal Air Force Croughton; and
(2) the operational requirements of, and costs associated with,
any operations of the United States collocated with the NATO
Intelligence Fusion Cell.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1633. SURVEY AND REVIEW OF DEFENSE INTELLIGENCE ENTERPRISE.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff
shall--
(A) review the organization, resources, and processes of
the Defense Intelligence Enterprise, including the defense
intelligence agencies and intelligence elements of the
combatant commands and military departments, to assess the
capabilities and capacity of such Enterprise, along with the
intelligence community, to meet present and future defense
intelligence requirements; and
(B) conduct a survey of each geographic combatant command
to assess--
(i) the current state of intelligence support to
military operations;
(ii) the prioritization and allocation of intelligence
resources within each combatant command; and
(iii) whether intelligence resources are balanced
between support to theater commanders and support to
operational commanders.
(2) Elements.--The review and survey required by paragraph (1)
shall include the following:
(A) A comprehensive assessment of the Defense Intelligence
Enterprise and whether such Enterprise--
(i) is organized and has resources to meet current and
future defense intelligence requirements;
(ii) is balancing resources appropriately between
operational and strategic defense intelligence
requirements;
(iii) is responding with sufficient agility to emerging
or unexpected requirements; and
(iv) is sufficiently integrated with combatant
commands, subordinate commands, and joint task forces.
(B) With respect to each geographic combatant command
surveyed--
(i) information on the total intelligence workforce
assigned to the combatant command, including civilians,
military, and contract personnel;
(ii) detailed information on the allocation of
intelligence resources to meet combatant commander
priorities;
(iii) detailed information on the intelligence
priorities of the commander of the combatant command and
intelligence resources allocated to each priority; and
(iv) detailed information on the intelligence
resources, including personnel and assets, dedicated to
each of the following:

(I) Direct support to the combatant commander.
(II) Contingency planning.
(III) Ongoing operations.
(IV) Crisis response.

(b) Report.--
(1) Submission.--Not later than 270 days after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff
shall submit to the appropriate congressional committees and the
Under Secretary of Defense for Intelligence a report on the
findings of the Chairman with respect to the review and survey
required by subsection (a)(1).
(2) Content.--The report required by paragraph (1) shall
include--
(A) a detailed analysis of how each combatant command uses
the intelligence resources available to such command; and
(B) the recommendations of the Chairman, if any, to improve
the Defense Intelligence Enterprise to fulfill operational
military requirements.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) The term ``Defense Intelligence Enterprise'' means the
organizations, infrastructure, and measures, including policies,
processes, procedures, and products, of the intelligence,
counterintelligence, and security components of each of the
following:
(A) The Department of Defense.
(B) The Joint Staff.
(C) The combatant commands.
(D) The military departments.
(E) Other elements of the Department of Defense that
perform national intelligence, defense intelligence,
intelligence-related, counterintelligence, or security
functions.

Subtitle C--Cyberspace-Related Matters

SEC. 1641. SPECIAL EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE THE
DEFENSE AGAINST OR RECOVERY FROM A CYBER ATTACK.
Section 1903(a)(2) of title 41, United States Code, is amended by
inserting ``cyber,'' before ``nuclear,''.
SEC. 1642. LIMITATION ON TERMINATION OF DUAL-HAT ARRANGEMENT FOR
COMMANDER OF THE UNITED STATES CYBER COMMAND.
(a) Limitation on Termination of Dual-hat Arrangement.--The
Secretary of Defense may not terminate the dual-hat arrangement until
the date on which the Secretary and the Chairman of the Joint Chiefs of
Staff jointly certify to the appropriate committees of Congress that--
(1) the Secretary and the Chairman carried out the assessment
under subsection (b);
(2) each of the conditions described in paragraph (2)(C) of
such subsection has been met; and
(3) termination of the dual-hat arrangement will not pose risks
to the military effectiveness of the United States Cyber Command
that are unacceptable to the national security interests of the
United States.
(b) Assessment.--
(1) In general.--The Secretary and the Chairman shall jointly
assess the military and intelligence necessity and benefit of the
dual-hat arrangement.
(2) Elements.--The assessment under paragraph (1) shall include
the following elements:
(A) An evaluation of the operational dependence of the
United States Cyber Command on the National Security Agency.
(B) An evaluation of the ability of the United States Cyber
Command and the National Security Agency to carry out their
respective roles and responsibilities independently.
(C) A determination of whether the following conditions
have been met:
(i) Robust operational infrastructure has been deployed
that is sufficient to meet the unique cyber mission needs
of the United States Cyber Command and the National
Security Agency, respectively.
(ii) Robust command and control systems and processes
have been established for planning, deconflicting, and
executing military cyber operations.
(iii) The tools and weapons used in cyber operations
are sufficient for achieving required effects.
(iv) Capabilities have been established to enable
intelligence collection and operational preparation of the
environment for cyber operations.
(v) Capabilities have been established to train cyber
operations personnel, test cyber capabilities, and rehearse
cyber missions.
(vi) The cyber mission force has achieved full
operational capability.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Dual-hat arrangement.--The term ``dual-hat arrangement''
means the arrangement under which the Commander of the United
States Cyber Command also serves as the Director of the National
Security Agency.
SEC. 1643. CYBER MISSION FORCES MATTERS.
(a) Actions Pending Full Implementation of Plan for Cyber Mission
Force Positions.--Until the Secretary of Defense completes
implementation of the authority in subsection (a) of section 1599f of
title 10, United States Code, for United States Cyber Command workforce
positions in accordance with the implementation plan required by
subsection (d) of such section, the Secretary shall do each of the
following:
(1) Notwithstanding sections 3309 through 3318 of title 5,
United States Code, provide for and implement an interagency
transfer agreement between excepted service position systems and
competitive service position systems in military departments and
Defense Agencies concerned to satisfy the requirements for cyber
workforce positions from among a mix of employees in the excepted
service and the competitive service in such military departments
and Defense Agencies.
(2) Implement in the defense civilian cyber personnel system a
classification system commonly known as a ``Rank-in-person''
classification system similar to such classification system used by
the National Security Agency as of the date of the enactment of
this Act.
(3) Approve direct hiring authority for cyber workforce
positions up to the GG or GS-15 level in accordance with the
criteria in section 3304 of title 5, United States Code.
(4) Notwithstanding section 5333 of title 5, United States
Code, authorize officials conducting hiring in the competitive
service for cyber workforce positions to set starting salaries at
up to a step-five level with no justification and at up to a step-
ten level with justification that meets published guidelines
applicable to the excepted service.
(b) Other Matters.--The Principal Cyber Advisor, acting through the
cross-functional team established by section 932(c)(3) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2224 note) and in consultation with the Commander of the United
States Cyber Command, shall supervise--
(1) the development of training standards for computer network
operations tool developers for military, civilian, and contractor
personnel supporting the cyber mission forces;
(2) the rapid enhancement of capacity to train personnel to
those standards to meet the needs of the cyber mission forces for
tool development; and
(3) actions necessary to ensure timely completion of personnel
security investigations and adjudications of security clearances
for tool development personnel.
SEC. 1644. REQUIREMENT TO ENTER INTO AGREEMENTS RELATING TO USE OF
CYBER OPPOSITION FORCES.
(a) Requirement for Agreements.--Not later than September 30, 2017,
the Secretary of Defense shall ensure that each commander of a
combatant command establishes appropriate agreements with the Secretary
relating to the use of cyber opposition forces. Each agreement shall
require the command--
(1) to support a high state of mission readiness in the command
through the use of one or more cyber opposition forces in
continuous exercises and other training activities as considered
appropriate by the commander of the command; and
(2) in conducting such exercises and training activities, meet
the standard required under subsection (b).
(b) Joint Standard for Cyber Opposition Forces.--Not later than
March 31, 2017, the Secretary of Defense shall issue a joint training
and certification standard for use by all cyber opposition forces
within the Department of Defense.
(c) Joint Standard for Protection of Control Systems.--Not later
than June 30, 2017, the Secretary of Defense shall issue a joint
training and certification standard for the protection of control
systems for use by all cyber operations forces within the Department of
Defense. Such standard shall--
(1) provide for applied training and exercise capabilities; and
(2) use expertise and capabilities from other departments and
agencies of the Federal Government, as appropriate.
(d) Briefing Required.--Not later than September 30, 2017, the
Secretary of Defense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing that
includes--
(1) a list of each combatant command that has established an
agreement under subsection (a);
(2) with respect to each such agreement--
(A) special conditions in the agreement placed on any cyber
opposition force used by the command;
(B) the process for making decisions about deconfliction
and risk mitigation of cyber opposition force activities in
continuous exercises and training;
(C) identification of cyber opposition forces trained and
certified to operate at the joint standard, as issued under
subsection (b);
(D) identification of the annual exercises that will
include participation of the cyber opposition forces; and
(E) identification of any shortfalls in resources that may
prevent annual exercises using cyber opposition forces; and
(3) any other matters the Secretary of Defense considers
appropriate.
SEC. 1645. CYBER PROTECTION SUPPORT FOR DEPARTMENT OF DEFENSE PERSONNEL
IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Secretary of
Defense, the Secretary may provide cyber protection support for the
personal technology devices of the personnel described in paragraph
(2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the Department of Defense--
(A) who the Secretary determines to be highly vulnerable to
cyber attacks and hostile information collection activities
because of the positions occupied by such personnel in the
Department; and
(B) whose personal technology devices are highly vulnerable
to cyber attacks and hostile information collection activities.
(b) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support provided to
personnel under subsection (a) may include training, advice,
assistance, and other services relating to cyber attacks and hostile
information collection activities.
(c) Limitation on Support.--Nothing in this section shall be
construed--
(1) to encourage personnel of the Department of Defense to use
personal technology devices for official business; or
(2) to authorize cyber protection support for senior Department
personnel using personal devices and networks in an official
capacity.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on the provision of cyber protection support under subsection (a). The
report shall include--
(1) a description of the methodology used to make the
determination under subsection (a)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (a).
(e) Personal Technology Devices Defined.--In this section, the term
``personal technology devices'' means technology devices used by
Department of Defense personnel outside of the scope of their
employment with the Department and includes networks to which such
devices connect.
SEC. 1646. LIMITATION ON FULL DEPLOYMENT OF JOINT REGIONAL SECURITY
STACKS.
(a) Limitation.--The Secretary of a military department or the head
of a Defense Agency may not declare that such department or Defense
Agency has achieved full operational capability for the deployment of
joint regional security stacks until the date on which--
(1) the department or Defense Agency concerned completes
operational test and evaluation activities to determine the
effectiveness, suitability, and survivability of the joint regional
security stacks system of such department or Defense Agency; and
(2) written certification that such testing and evaluation
activities have been completed is provided to the Secretary of such
department or the head of such Defense Agency by the appropriate
operational test and evaluation organization of such department or
Defense Agency.
(b) Waiver.--
(1) In general.--The Secretary of a military department or the
head of a Defense Agency may waive the requirements of subsection
(a) if a certification described in paragraph (2) is provided to
the Secretary of Defense, and signed by--
(A) the Secretary of the military department or the head of
the Defense Agency concerned;
(B) the Director of Operational Test and Evaluation for the
Department of Defense; and
(C) the Chief Information Officer of the Department of
Defense.
(2) Certification.--A certification described in this
subsection is a written certification that--
(A) the testing and evaluation activities required under
subsection (a) are unnecessary, accompanied by an explanation
of the reasons such activities are unnecessary;
(B) the effectiveness, suitability, and survivability of
the joint regional security stacks system of the military
department or Defense Agency concerned has been demonstrated by
methods other than the testing and evaluation activities
required under subsection (a), accompanied by supporting data;
or
(C) national security needs justify full deployment of the
joint regional security stacks system of the military
department or Defense Agency concerned before the test and
evaluation activities required under subsection (a) can be
completed, accompanied by an explanation of such justification
and a risk management plan.
SEC. 1647. ADVISORY COMMITTEE ON INDUSTRIAL SECURITY AND INDUSTRIAL
BASE POLICY.
(a) Advisory Committee.--Not later than April 30, 2017, the
Secretary of Defense shall establish an advisory committee (referred to
in this section as the ``Committee'') to review, assess, and make
recommendations with respect to industrial security and industrial base
policy.
(b) Duties.--The Committee shall--
(1) review and assess--
(A) the national industrial security program for cleared
facilities and the protection of the information and networking
systems of cleared defense contractors;
(B) policies and practices relating to physical security
and installation access at installations of the Department of
Defense;
(C) information security and cyber defense policies,
practices, and reporting relating to the unclassified
information and networking systems of defense contractors;
(D) policies, practices, regulations, and reporting
relating to industrial base issues; and
(E) any other matters the Secretary determines to be
appropriate; and
(2) make recommendations to the Secretary based on such review
and assessment.
(c) Members.--The Committee shall be composed of 10 members
appointed by the Secretary of Defense of which five members shall be
representatives of non-governmental entities and five members shall be
representatives of departments or agencies of the Federal Government.
(d) Meetings.--The Committee shall meet not less often than once
annually until the date on which the Committee terminates under
subsection (e).
(e) Termination.--The Committee shall terminate on September 30,
2022.
SEC. 1648. CHANGE IN NAME OF NATIONAL DEFENSE UNIVERSITY'S INFORMATION
RESOURCES MANAGEMENT COLLEGE TO COLLEGE OF INFORMATION AND CYBERSPACE.
(a) In General.--Section 2165(b)(5) of title 10, United States
Code, is amended by striking ``Information Resources Management
College'' and inserting ``College of Information and Cyberspace''.
(b) References.--Any reference in any law, regulation, document,
record, or other paper of the United States to the Information
Resources Management College shall be considered to be a reference to
the College of Information and Cyberspace.
SEC. 1649. EVALUATION OF CYBER VULNERABILITIES OF F-35 AIRCRAFT AND
SUPPORT SYSTEMS.
(a) Evaluation and Report.--
(1) Evaluation.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall complete an
evaluation of the cyber vulnerabilities of the F-35 aircraft and
the support systems of the aircraft under section 1647(a)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1118).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the evaluation
completed under paragraph (1) that includes--
(A) the findings of the Secretary with respect to the
evaluation;
(B) identification of any major information assurance
deficiencies relating to the F-35 aircraft or the support
systems of the aircraft (including the autonomic logistics
information system); and
(C) a cyber vulnerability mitigation strategy for F-35
aircraft and the support systems of the aircraft.
(3) Waiver prohibited.--Notwithstanding section 1647(a)(2) of
the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1118), the Secretary may not waive the
requirements of paragraphs (1) and (2).
(b) Tools and Solutions for Assessing and Mitigating Cyber
Vulnerabilities.--Section 1647 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1118) is
amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Tools and Solutions for Assessing and Mitigating Cyber
Vulnerabilities.--In addition to carrying out the evaluation of cyber
vulnerabilities of major weapon systems of the Department under this
section, the Secretary may--
``(1) develop tools to improve the detection and evaluation of
cyber vulnerabilities;
``(2) conduct non-recurring engineering for the design of
solutions to mitigate cyber vulnerabilities; and
``(3) establish Department-wide information repositories to
share findings relating to the evaluation and mitigation of cyber
vulnerabilities.''.
SEC. 1650. EVALUATION OF CYBER VULNERABILITIES OF DEPARTMENT OF DEFENSE
CRITICAL INFRASTRUCTURE.
(a) Plan for Evaluation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan for the evaluation of the
cyber vulnerabilities of the critical infrastructure of the
Department of Defense.
(2) Elements.--The plan under paragraph (1) shall include--
(A) an identification of each of the military installations
to be evaluated; and
(B) an estimate of the cost of the evaluation.
(3) Priority in evaluation.--The plan under paragraph (1) shall
prioritize the evaluation of military installations based on the
criticality of the infrastructure supporting such installations, as
determined by the Chairman of the Joint Chiefs of Staff based on an
assessment of--
(A) the Armed Forces stationed at such military
installations; and
(B) threats to such military installations.
(4) Integration with other efforts.--The plan under paragraph
(1) shall build upon other efforts of Department of Defense
relating to the identification and mitigation of cyber
vulnerabilities of major weapon systems and critical infrastructure
of the Department and shall not duplicate such efforts.
(b) Pilot Program.--
(1) In general.--Not later than 30 days after the date on which
the Secretary submits the plan under subsection (a), the Secretary,
acting through a covered research laboratory, shall initiate a
pilot program under which the Secretary shall assess the
feasibility and advisability of applying new, innovative
methodologies or engineering approaches--
(A) to improve the defense of control systems against cyber
attacks;
(B) to increase the resilience of military installations
against cybersecurity threats;
(C) to prevent or mitigate the potential for high-
consequence cyber attacks; and
(D) to inform future requirements for the development of
such control systems.
(2) Locations.--The Secretary shall carry out the pilot program
under paragraph (1) at not fewer than two military installations
selected by the Secretary from among military installations that
support the most critical mission-essential functions of the
Department of Defense as identified in the plan under subsection
(a).
(3) Tools.--In carrying out the pilot program under paragraph
(1), the Secretary may use tools and solutions developed under
subsection (e).
(4) Report.--Not later than December 31, 2019, the Secretary
shall submit to the congressional defense committees a final report
on the pilot program that includes--
(A) a description of the activities carried out under the
pilot program at each military installation concerned;
(B) an assessment of the value of the methodologies or
tools applied during the pilot program in increasing the
resilience of military installations against cybersecurity
threats;
(C) recommendations for administrative or legislative
actions to improve the ability of the Department to employ
methodologies and tools for reducing cyber vulnerabilities in
other activities of the Department of Defense; and
(D) recommendations for including such methodologies or
tools as requirements for relevant activities, including
technical requirements for systems or military construction
projects.
(5) Termination.--The authority of the Secretary to carry out
the pilot program under this subsection shall terminate on
September 30, 2019.
(c) Evaluation.--
(1) In general.--Not later than December 31, 2020, the
Secretary shall complete an evaluation of the cyber vulnerabilities
of the critical infrastructure of the Department of Defense in
accordance with the plan under subsection (a).
(2) Risk mitigation strategies.--The Secretary shall develop
strategies for mitigating the risks of cyber vulnerabilities
identified in the course of the evaluation under paragraph (1).
(d) Status on Progress.--The Secretary shall include in each
quarterly cyber operations briefing submitted to Congress under section
484 of title 10, United States Code, a summary of any activities
carried out as part of--
(1) the pilot program under subsection (b); or
(2) the evaluation under subsection (c).
(e) Tools and Solutions.--The Secretary may--
(1) develop tools that improve assessments of cyber
vulnerabilities of Department of Defense critical infrastructure;
(2) conduct non-recurring engineering for the design of
mitigation solutions for such vulnerabilities; and
(3) establish Department-wide information repositories to share
findings relating to such assessments and to share such mitigation
solutions.
(f) Definitions.--In this section:
(1) Critical infrastructure of the department of defense.--The
term ``critical infrastructure of the Department of Defense'' means
any asset of the Department of Defense of such extraordinary
importance to the functioning of the Department and the operation
of the Armed Forces that the incapacitation or destruction of such
asset by a cyber attack would have a debilitating effect on the
ability of the Department to fulfill its missions.
(2) Covered research laboratory.--The term ``covered research
laboratory'' means--
(A) a research laboratory of the Department of Defense; or
(B) a research laboratory of the Department of Energy
approved by the Secretary of Energy to carry out the pilot
program under subsection (b).
SEC. 1651. STRATEGY TO INCORPORATE ARMY RESERVE COMPONENT CYBER
PROTECTION TEAMS INTO DEPARTMENT OF DEFENSE CYBER MISSION FORCE.
(a) Strategy Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on a strategy for incorporating reserve
component cyber protection teams into the cyber mission force of the
Department of Defense.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall include, at minimum, the following:
(1) A timeline for incorporating reserve component cyber
protection teams into the cyber mission force of the Department of
Defense, including a timeline for the appropriate training of such
teams.
(2) Identification of the specific reserve component cyber
protection teams to be incorporated into the cyber mission force of
the Department of Defense.
(3) An assessment of how the incorporation of reserve component
cyber protection teams into the cyber mission force of the
Department of Defense might be used to enhance readiness through
improved individual and collective training capabilities.
(4) A status report on the progress of the Army in issuing
additional guidance that clarifies how reserve component cyber
protection teams of the Army National Guard can support State and
civil operations in National Guard status under title 32, United
States Code.
(5) Other matters as considered appropriate by the Secretary of
the Army.
(c) Reserve Component Cyber Protection Teams Defined.--In this
section, the term ``reserve component cyber protection teams'' means
cyber protection teams of--
(1) the Army National Guard; and
(2) the other reserve components of the Army.
SEC. 1652. STRATEGIC PLAN FOR THE DEFENSE INFORMATION SYSTEMS AGENCY.
(a) Strategic Plan Required.--Not later than 180 days after the
date of the enactment of this Act and not less often than once every 2
fiscal years thereafter until September 30, 2022, the Director of the
Defense Information Systems Agency, in consultation with the Under
Secretary of Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense, shall develop
or update, as appropriate, a strategic plan for the Agency that
includes--
(1) a comprehensive review of the requirements and mission of
the Agency with respect to research, development, test, and
evaluation; and
(2) an assessment of the adequacy of the activities,
facilities, workforce, and resources of the Agency in meeting such
requirements and fulfilling such mission.
(b) Covered Period.--Each strategic plan under subsection (a) shall
cover the period of five fiscal years beginning with the fiscal year in
which the plan is developed or updated.
(c) Elements.--Each strategic plan under subsection (a) shall
include the following elements:
(1) A statement of the mission of the Defense Information
Systems Agency that--
(A) addresses the critical operations and functions carried
out by the Agency; and
(B) includes an assessment of projected changes to such
operations and functions for the period covered by the plan.
(2) An assessment of the personnel, facilities, and research,
development, test, and evaluation requirements of the Department of
Defense that are needed to support the operations of the Agency for
the period covered by the plan.
(3) An identification of performance metrics for measuring the
successful achievement of objectives for the period covered by the
plan.
(4) An assessment of the programs and plans of the Agency with
respect to research, development, test, and evaluation, including
the projected resources, personnel, and supporting infrastructure
needed to carry out such programs and plans.
(5) An assessment of the facilities and resources of the Agency
that are used for research, development, test, and evaluation
activities.
(6) A description of the plans and business case analyses
supporting any significant modifications to the facilities,
workforce, and resources of the Agency (including any modifications
involving the expansion, divestment, consolidation, or curtailment
of activities) that are proposed, projected, or recommended by the
Director.
(7) Any other matters determined to be appropriate by the
Director.
SEC. 1653. PLAN FOR INFORMATION SECURITY CONTINUOUS MONITORING
CAPABILITY AND COMPLY-TO-CONNECT POLICY; LIMITATION ON SOFTWARE
LICENSING.
(a) Information Security Monitoring Plan and Policy.--
(1) Plan and policy.--The Chief Information Officer of the
Department of Defense and the Commander of the United States Cyber
Command shall jointly develop--
(A) a plan for a modernized, Department-wide automated
information security continuous monitoring capability that
includes--
(i) a proposed information security architecture for
the capability;
(ii) a concept of operations for the capability; and
(iii) requirements with respect to the functionality
and interoperability of the tools, sensors, systems,
processes, and other components of the continuous
monitoring capability; and
(B) a comply-to-connect policy that requires systems to
automatically comply with the configurations of the networks of
the Department as a condition of connecting to such networks.
(2) Consultation.--In developing the plan and policy under
paragraph (1), the Chief Information Officer and the Commander
shall consult with the Principal Cyber Advisor to the Secretary of
Defense.
(3) Implementation.--The Chief Information Officer and the
Commander shall each issue such directives as they each consider
appropriate to ensure compliance with the plan and policy developed
under paragraph (1).
(4) Inclusion in budget materials.--The Secretary of Defense
shall include funding and program plans relating to the plan and
policy under paragraph (1) in the budget materials submitted by the
Secretary in support of the budget of the President for fiscal year
2019 (as submitted to Congress under section 1105(a) of title 31,
United States Code).
(5) Integration with other capabilities.--The Chief Information
Officer and the Commander shall ensure that information generated
through automated and automation-assisted processes for continuous
monitoring, asset management, and comply-to-connect policies and
processes shall be accessible and usable in machine-readable form
to appropriate cyber protection teams and computer network defense
service providers.
(6) Software license compliance matters.--The plan and policy
required by paragraph (1) shall comply with the software license
inventory requirements of the plan issued pursuant to section 937
of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 10 U.S.C. 2223 note) and updated pursuant to
section 935 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 10 U.S.C. 2223 note).
(b) Limitation on Future Software Licensing.--
(1) In general.--Subject to paragraph (2), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 or any fiscal year thereafter for
the Department of Defense may be obligated or expended on a
contract for a software license with a cost of more than $5,000,000
in a fiscal year unless the Department is able, through automated
means--
(A) to count the number of such licenses in use; and
(B) to determine the security status of each instance of
use of the software licensed.
(2) Effective date.--Paragraph (1) shall apply--
(A) beginning on January 1, 2018, with respect to any
contract entered into by the Secretary of Defense on or after
such date for the licensing of software; and
(B) beginning on January 1, 2020, with respect to any
contract entered into by the Secretary for the licensing of
software that was in effect on December 31, 2017.
SEC. 1654. REPORTS ON DETERRENCE OF ADVERSARIES IN CYBERSPACE.
(a) Report of the Secretary of Defense.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, shall submit to the
President and the congressional defense committees a report on the
military and nonmilitary options available to the United States for
deterring and responding to imminent threats in cyberspace and
malicious cyber activities carried out against the United States by
foreign governments and terrorist organizations.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of the military and nonmilitary options
described in paragraph (1), including citations to relevant
provisions of law, regulation, or directives or other policy
documents of the Federal Government.
(B) Descriptions of relevant authorities, rules of
engagement, command and control structures, and response plans
relating to such options, including--
(i) authorities that have been delegated by the
President to the Secretary of Defense for the conduct of
cyber operations;
(ii) operational authorities delegated by the Secretary
to the Commander of the United States Cyber Command for
military cyber operations;
(iii) identification of how the law of war applies to
cyber operations of the Department of Defense;
(iv) an assessment of the effectiveness of each such
option; and
(v) an integrated priorities list for cyber deterrence
capabilities of the Department of Defense that identifies,
at a minimum, high priority capability needs prioritized by
armed force, function, risk areas, and long-term strategic
planning issues.
(b) Report of the President.--
(1) In general.--Not later than 180 days after the date on
which the Secretary of Defense submits the report under subsection
(a), the President shall submit to the congressional defense
committees a report describing the types of actions carried out in
cyberspace against the United States that may warrant a military
response.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) Discussion of the types of actions carried out in
cyberspace that may warrant a military response or operation.
(B) A description of the role of the military in responding
to acts of aggression in cyberspace against the United States.
(C) A description of the circumstances required for a
military response to a cyber attack against the United States.
(D) A plan for articulating a declaratory policy on the use
of cyber weapons by the United States.
SEC. 1655. SENSE OF CONGRESS ON CYBER RESILIENCY OF THE NETWORKS AND
COMMUNICATIONS SYSTEMS OF THE NATIONAL GUARD.
It is the sense of Congress that, to the greatest extent
practicable, the National Guard should continuously seek ways to
improve, expand, and provide resources for its communications and
networking systems to enhance the performance and resilience of such
systems in the face of cyber attacks, disruptions, and other threats.

Subtitle D--Nuclear Forces

SEC. 1661. IMPROVEMENTS TO COUNCIL ON OVERSIGHT OF NATIONAL LEADERSHIP
COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.
(a) Responsibilities.--Subsection (d) of section 171a of title 10,
United States Code, is amended--
(1) in paragraph (1), by inserting before the period the
following: ``, and including with respect to the integrated
tactical warning and attack assessment systems, processes, and
enablers, and continuity of the governmental functions of the
Department of Defense''; and
(2) in paragraph (2)(C), by inserting before the period the
following: ``(including space system architectures and associated
user terminals and ground segments)''.
(b) Ensuring Capabilities.--Such section is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following new
subsections:
``(i) Reports on Space Architecture Development.--(1) Not less than
90 days before each of the dates on which a system described in
paragraph (2) achieves Milestone A or Milestone B approval, the Under
Secretary of Defense for Acquisitions, Technology, and Logistics shall
submit to the congressional defense committees a report prepared by the
Council detailing the implications of any changes to the architecture
of such a system with respect to the systems, capabilities, and
programs covered under subsection (d).
``(2) A system described in this paragraph is any of the following:
``(A) Advanced extremely high frequency satellites.
``(B) The space-based infrared system.
``(C) The integrated tactical warning and attack assessment
system and its command and control system.
``(D) The enhanced polar system.
``(3) In this subsection, the terms `Milestone A approval' and
`Milestone B approval' have the meanings given such terms in section
2366(e) of this title.
``(j) Notification of Reduction of Certain Warning Time.--(1) None
of the funds authorized to be appropriated or otherwise made available
to the Department of Defense for any fiscal year may be used to change
any command, control, and communications system described in subsection
(d)(1) in a manner that reduces the warning time provided to the
national leadership of the United States with respect to a warning of a
strategic missile attack on the United States unless--
``(A) the Secretary of Defense notifies the congressional
defense committees of such proposed change and reduction; and
``(B) a period of one year elapses following the date of such
notification.
``(2) Not later than March 1, 2017, and each year thereafter, the
Council shall determine whether the integrated tactical warning and
attack assessment system and its command and control system have met
all warfighter requirements for operational availability,
survivability, and endurability. If the Council determines that such
systems have not met such requirements, the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff shall jointly submit to the
congressional defense committees--
``(A) an explanation for such negative determination;
``(B) a description of the mitigations that are in place or
being put in place as a result of such negative determination; and
``(C) the plan of the Secretary and the Chairman to ensure that
the Council is able to make a positive determination in the
following year.''.
(c) Reporting Requirements.--Subsection (e) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking ``At the
same time'' and all that follows through ``title 31,'' and
inserting the following: ``During the period preceding January 31,
2021, at the same time each year that the budget of the President
is submitted to Congress pursuant to section 1105(a) of title 31,
and from time to time after such period at the discretion of the
Council,''; and
(2) by adding at the end the following new paragraph:
``(6) An assessment of the readiness of the command, control,
and communications system for the national leadership of the United
States and of each layer of the system, as that layer relates to
nuclear command, control, and communications.''.
SEC. 1662. TREATMENT OF CERTAIN SENSITIVE INFORMATION BY STATE AND
LOCAL GOVERNMENTS.
(a) Special Nuclear Material.--
(1) In general.--Section 128 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(d) Information that the Secretary prohibits to be disseminated
pursuant to subsection (a) that is provided to a State or local
government shall remain under the control of the Department of Defense,
and a State or local law authorizing or requiring a State or local
government to disclose such information shall not apply to such
information.''.
(2) Conforming amendment.--The heading of such section is
amended by striking ``Physical protection'' and inserting ``Control
and physical protection''.
(3) Clerical amendment.--The table of sections at the beginning
of chapter 3 of such title is amended by striking the item relating
to section 128 and inserting the following new item:

``128. Control and physical protection of special nuclear material:
limitation on dissemination of unclassified information.''.

(b) Critical Infrastructure Security Information.--Section 130e of
such title 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).''.
SEC. 1663. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF INTERCONTINENTAL
BALLISTIC MISSILE FUZES.
(a) Availability of Funds.--Notwithstanding section 1502(a) of
title 31, United States Code, of the amount authorized to be
appropriated for fiscal year 2017 by section 101 and available for
Missile Procurement, Air Force, as specified in the funding table in
section 4101, $17,095,000 shall be available for the procurement of
covered parts pursuant to contracts entered into under section 1645(a)
of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3651).
(b) Covered Parts Defined.--In this section, the term ``covered
parts'' means commercially available off-the-shelf items as defined in
section 104 of title 41, United States Code.
SEC. 1664. PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE VARIANT OF
GROUND-BASED STRATEGIC DETERRENT MISSILE.
None of the funds authorized to be appropriated by this Act or
otherwise made available for any of fiscal years 2017 or 2018 may be
obligated or expended to retain the option for, or develop, a mobile
variant of the ground-based strategic deterrent missile.
SEC. 1665. LIMITATION ON AVAILABILITY OF FUNDS FOR EXTENSION OF NEW
START TREATY.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 or any other
fiscal year for the Department of Defense may be obligated or expended
to extend the New START Treaty unless--
(1) the Chairman of the Joint Chiefs of Staff submits the
report under subsection (b);
(2) the Director of National Intelligence submits the National
Intelligence Estimate under subsection (c)(2); and
(3) a period of 120 days elapses following the submission of
both the report and the National Intelligence Estimate.
(b) Report.--The Chairman of the Joint Chiefs of Staff shall submit
to the appropriate congressional committees a report detailing the
following:
(1) The impacts on the nuclear forces and force planning of the
United States with respect to a State Party to the New START Treaty
developing a capability to conduct a rapid reload of its ballistic
missiles.
(2) Whether any State Party to the New START Treaty has
significantly increased its upload capability with non-deployed
nuclear warheads and the degree to which such developments impact
crisis stability and the nuclear forces, force planning, use
concepts, and deterrent strategy of the United States.
(3) The extent to which non-treaty-limited nuclear or strategic
conventional systems pose a threat to the United States or the
allies of the United States.
(4) The extent to which violations of arms control treaty and
agreement obligations pose a risk to the national security of the
United States and the allies of the United States, including the
perpetuation of violations ongoing as of the date of the enactment
of this Act, as well as potential further violations.
(5) The extent to which--
(A) the ``escalate-to-deescalate'' nuclear use doctrine of
the Russian Federation is deterred under the current nuclear
force structure, weapons capabilities, and declaratory policy
of the United States; and
(B) deterring the implementation of such a doctrine has
been integrated into the war plans of the United States.
(6) The status of the nuclear weapons, nuclear weapons
infrastructure, and nuclear command and control modernization
activities of the United States, and the impact such status has on
plans to--
(A) implement the reduction of the nuclear weapons of the
United States; or
(B) further reduce the numbers and types of such weapons.
(7) Whether, and if so, the reasons that, the New START Treaty,
and the extension of the treaty as of the date of the report, is in
the national security interests of the United States.
(c) National Intelligence Estimate.--
(1) Production.--The Director of National Intelligence shall
produce a National Intelligence Estimate on the following:
(A) The nuclear forces and doctrine of the Russian
Federation.
(B) The nuclear weapons research and production capability
of Russia.
(C) The compliance of Russia with respect to arms control
obligations (including treaties, agreements, and other
obligations).
(D) The doctrine of Russia with respect to targeting
adversary critical infrastructure and the relationship between
such doctrine and other Russian war planning, including, at a
minimum, ``escalate-to-deescalate'' concepts.
(2) Submission.--The Director of National Intelligence shall
submit, consistent with the protection of sources and methods, to
the appropriate congressional committees the National Intelligence
Estimate produced under paragraph (1).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committees on Armed Services of the House of
Representatives and the Senate;
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``New START Treaty'' means the Treaty between the
United States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive Arms,
signed on April 8, 2010, and entered into force on February 5,
2011.
SEC. 1666. CERTIFICATIONS REGARDING INTEGRATED TACTICAL WARNING AND
ATTACK ASSESSMENT MISSION OF THE AIR FORCE.
(a) Annual Certification.--Not later than March 31, 2017, and each
year thereafter through 2020, the Commander of the United States
Strategic Command shall certify to the Secretary of Defense and the
congressional defense committees that--
(1) the Air Force is appropriately organized, staffed, trained,
and equipped to carry out the portions of the integrated tactical
warning and attack assessment mission assigned to the Air Force
that are survivable and endurable; and
(2) the programs and plans of the Air Force for sustaining,
modernizing, training, and exercising capabilities relating to such
mission are sufficient to ensure the success of the mission.
(b) Inability to Certify.--If the Commander does not make a
certification under subsection (a) by March 31 of any year in which a
certification is required under such subsection, the Secretary of the
Air Force shall take immediate actions to consolidate all terrestrial
and aerial components of the integrated tactical warning and attack
assessment system of the Air Force that are survivable and endurable
under the major command of the Air Force commanded by the single
general officer that is responsible for all aspects of the Air Force
nuclear mission, as described by Air Force Program Action Directive
D16-01 dated August 2, 2016.
(c) Rule of Construction.--Nothing in this section may be construed
to affect any responsibilities and authorities relating to the
integrated tactical warning and attack assessment system in effect on
the date of the enactment of this Act pursuant to the Agreement Between
the Government of the United States of America and the Government of
Canada on the North American Aerospace Defense Command and the terms of
reference for the North American Aerospace Defense Command.
SEC. 1667. MATTERS RELATING TO INTERCONTINENTAL BALLISTIC MISSILES.
(a) Prohibition.--
(1) In general.--Except as provided by paragraph (2), none of
the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Department of Defense
shall be obligated or expended for--
(A) reducing, or preparing to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States; or
(B) reducing, or preparing to reduce, the quantity of
deployed intercontinental ballistic missiles of the United
States to a number less than 400.
(2) Exception.--The prohibition in paragraph (1) shall not
apply to any of the following activities:
(A) The maintenance or sustainment of intercontinental
ballistic missiles.
(B) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
(C) Reduction in the number of deployed intercontinental
ballistic missiles that are carried out in compliance with--
(i) the limitations of the New START Treaty (as defined
in section 494(a)(2)(D) of title 10, United States Code);
and
(ii) section 1644 of the Carl Levin an Howard P.
``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3651; 10
U.S.C. 494 note).
(b) Report.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force and the
Chairman of the Nuclear Weapons Council shall submit to the
congressional defense committees a report regarding efforts to
carry out section 1057 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 495 note).
(2) Elements.--The report under paragraph (1) shall include the
following with respect to the period of the expected lifespan of
the Minuteman III system:
(A) The number of nuclear warheads required to support the
capability to redeploy multiple independently retargetable
reentry vehicles across the full intercontinental ballistic
missile fleet.
(B) The current and planned (through 2030) readiness state
of nuclear warheads intended to support the capability to
redeploy multiple independently retargetable reentry vehicles
across the full intercontinental ballistic missile fleet,
including which portion of the active or inactive stockpile
such warheads are classified within.
(C) The current and planned (through 2030) reserve of
components or subsystems required to redeploy multiple
independently retargetable reentry vehicles across the full
intercontinental ballistic missile fleet, including the plans
or industrial capability and capacity to produce more such
components or subsystems, if needed.
(D) The current and planned (through 2030) time required to
commence redeployment of multiple independently retargetable
reentry vehicles across the intercontinental ballistic missile
fleet, including the time required to finish deployment across
the full fleet.
(E) The estimated cost of maintaining the capability and
warheads required to redeploy multiple independently
retargetable reentry vehicles across the full intercontinental
ballistic missile fleet.
SEC. 1668. REQUESTS FOR FORCES TO MEET SECURITY REQUIREMENTS FOR LAND-
BASED NUCLEAR FORCES.
(a) Expedited Decision for Securing Land-based Missile Fields.--To
mitigate any risk posed to the nuclear forces of the United States by
the failure to replace the UH-1N helicopter, the Secretary of Defense
shall, in consultation with the Chairman of the Joint Chiefs of Staff--
(1) decide if the land-based missile fields using UH-1N
helicopters meet security requirements and if there are any
shortfalls or gaps in meeting such requirements;
(2) not later than 30 days after the date of the enactment of
this Act, submit to Congress a report on the decision relating to a
request for forces required by paragraph (1); and
(3) if the Chairman determines the implementation of the
decision to be warranted to mitigate any risk posed to the nuclear
forces of the United States--
(A) not later than 60 days after such date of enactment,
implement that decision; or
(B) if the Secretary cannot implement that decision during
the period specified in subparagraph (A), not later than 45
days after such date of enactment, submit to Congress a report
that includes a proposal for the date by which the Secretary
can implement that decision and a plan to carry out that
proposal.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the travel and
representational expenses of the Under Secretary of Defense for
Acquisition, Technology, and Logistics, not more than 75 percent may be
obligated or expended until the date on which the Under Secretary
certifies to the congressional defense committees that there is a
acquisition process in place to ensure that a UH-1N replacement
aircraft is under contract in fiscal year 2018.
SEC. 1669. REPORT ON RUSSIAN AND CHINESE POLITICAL AND MILITARY
LEADERSHIP SURVIVABILITY, COMMAND AND CONTROL, AND CONTINUITY OF
GOVERNMENT PROGRAMS AND ACTIVITIES.
(a) Report.--Not later than January 15, 2017, the Director of
National Intelligence shall submit to the appropriate congressional
committees, consistent with the protection of sources and methods, a
report on the leadership survivability, command and control, and
continuity of government programs and activities with respect to the
People's Republic of China and the Russian Federation, respectively.
The report shall include the following:
(1) The goals and objectives of such programs and activities of
each respective country.
(2) An assessment of how such programs and activities fit into
the political and military doctrine and strategy of each respective
country.
(3) An assessment of the size and scope of such activities,
including the location and description of above-ground and
underground facilities important to the political and military
leadership survivability, command and control, and continuity of
government programs and activities of each respective country.
(4) An identification of which facilities various senior
political and military leaders of each respective country are
expected to operate out of during crisis and wartime.
(5) A technical assessment of the political and military means
and methods for command and control in wartime of each respective
country.
(6) An identification of key officials and organizations of
each respective country involved in managing and operating such
facilities, programs, and activities, including the command
structure for each organization involved in such programs and
activities.
(7) An assessment of how senior leaders of each respective
country measure the effectiveness of such programs and activities.
(8) An estimate of the annual cost of such programs and
activities.
(9) An assessment of the degree of enhanced survivability such
programs and activities can be expected to provide in various
military scenarios ranging from limited conventional conflict to
strategic nuclear employment.
(10) An assessment of the type and extent of foreign
assistance, if any, in such programs and activities.
(11) An assessment of the status and the effectiveness of the
intelligence collection of the United States on such programs and
capabilities, and any gaps in such collection.
(12) Any other matters the Director determines appropriate.
(b) Council Assessment.--Not later than 90 days after the date on
which the Director submits the report under subsection (a), the Council
on Oversight of the National Leadership Command, Control, and
Communications System established by section 171a of title 10, United
States Code, shall submit to the appropriate congressional committees
an assessment of how the command, control, and communications systems
for the national leadership of the People's Republic of China and the
Russian Federation, respectively, compare to such system of the United
States.
(c) STRATCOM.--Together with the assessment submitted under
subsection (b), the Commander of the United States Strategic Command
shall submit to the appropriate congressional committees the views of
the Commander on the report under subsection (a), including a detailed
description for how the leadership survivability, command and control,
and continuity of government programs and activities of the People's
Republic of China and the Russian Federation, respectively, are
considered in the plans and options under the responsibility of the
Commander under the unified command plan.
(d) Forms.--Each report or assessment submitted under this section
may be submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1670. REVIEW BY COMPTROLLER GENERAL OF THE UNITED STATES OF
RECOMMENDATIONS RELATING TO NUCLEAR ENTERPRISE OF DEPARTMENT OF
DEFENSE.
(a) In General.--During each of fiscal years 2017 through 2021, the
Comptroller General of the United States shall conduct a review of the
following:
(1) The processes of the Department of Defense for addressing
the recommendations of the Department of Defense Internal Nuclear
Enterprise Review, the Independent Review of the Department of
Defense Nuclear Enterprise, and other recommendations affecting the
health of the nuclear enterprise of the Department of Defense
identified or tracked by the Nuclear Deterrence Enterprise Review
Group, including the process used by the Director of Cost
Assessment and Program Evaluation to evaluate the implementation of
such recommendations.
(2) The processes used to implement recommendations from other
assessments of the nuclear enterprise of the Department of Defense,
including the National Leadership Command Capability and Nuclear
Command, Control, and Communications Enterprise Review.
(b) Briefing.--After conducting each review under subsection (a),
the Comptroller General shall provide to the congressional defense
committees a briefing on the review.
(c) Conforming Repeal.--Section 1658 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1125) is repealed.
SEC. 1671. SENSE OF CONGRESS ON NUCLEAR DETERRENCE.
It is the sense of Congress that--
(1) the nuclear forces of the United States continue to play a
fundamental role in deterring aggression against the interests of
the United States and the allies of the United States in an
increasingly dangerous world in which foreign adversaries,
including the Russian Federation, are making explicit nuclear
threats against the United States and such allies;
(2) strong United States nuclear forces assure the allies of
the United States that the extended deterrence guarantees of the
United States are credible and that the resolve of the United
States remains strong even in the face of nuclear provocations,
including nuclear coercion and blackmail;
(3) the prevention of war through effective deterrence requires
survivable and flexible nuclear forces that are well exercised and
ready to respond to nuclear escalation if necessary;
(4) possessing a range of capabilities and options to counter
nuclear threats assures the allies of the United States and
enhances the credibility of United States nuclear deterrence by
reinforcing the resolve of the United States in the minds of such
allies and potential adversaries;
(5) the declared policy of the United States with respect to
the use of nuclear weapons must be coordinated and communicate
clearly that the use of nuclear weapons against the United States
or its vital interests would ultimately fail and subject the
aggressor to incalculable consequences;
(6) in support of a strong and credible nuclear deterrent, the
United States must--
(A) maintain a nuclear force with a diverse, flexible range
of nuclear yield and delivery modes that are ready, capable,
and credible;
(B) afford the highest priority to the modernization of the
nuclear triad, dual-capable aircraft, and related command and
control elements; and
(C) ensure the broadest participation of allies of the
United States in nuclear defense planning, training, and
exercises to demonstrate the commitment of the United States
and such allies and their solidarity against nuclear threats
and coercion; and
(7) with respect to the North Atlantic Treaty Organization
(NATO)--
(A) NATO has made it clear at the NATO summit in Warsaw,
Poland, in July 2018, that--
(i) ``the fundamental purpose of NATO's nuclear
capability is to preserve peace, prevent coercion, and
deter aggression''; and
(ii) ``Nuclear weapons are unique. Any employment of
nuclear weapons against NATO would fundamentally alter the
nature of a conflict. The circumstances in which NATO might
have to use nuclear weapons are extremely remote. If the
fundamental security of any of its members were to be
threatened however, NATO has the capabilities and resolve
to impose costs on an adversary that would be unacceptable
and far outweigh the benefits that an adversary could hope
to achieve.''; and
(B) accordingly, effective deterrence requires that NATO
conduct realistic nuclear planning and exercises, and modernize
the full suite of dual-capable aircraft and associated command
and control networks and facilities.
SEC. 1672. SENSE OF CONGRESS ON IMPORTANCE OF INDEPENDENT NUCLEAR
DETERRENT OF UNITED KINGDOM.
It is the sense of Congress that--
(1) the United States believes that the independent nuclear
deterrent and decision-making of the United Kingdom provides a
crucial contribution to international stability, the North Atlantic
Treaty Organization alliance, and the national security of the
United States;
(2) nuclear deterrence is and will continue to be the highest
priority mission of the Department of Defense and the United States
benefits when the closest ally of the United States clearly and
unequivocally sets similar priorities;
(3) the United States sees the nuclear deterrent of the United
Kingdom as central to trans-Atlantic security and to the commitment
of the United Kingdom to NATO to spend two percent of gross
domestic product on defense;
(4) the commitment of the United Kingdom to maintain a
continuous at-sea deterrence posture today and in the future
complements the deterrent capabilities of the United States and
provides a credible ``second center of decision making'' which
ensures potential attackers cannot discount the solidarity of the
mutual relationship of the United States and the United Kingdom;
(5) the United States Navy must execute the Ohio-class
replacement submarine program on time and within budget, seeking
efficiencies and cost savings wherever possible, to ensure that the
program delivers a Common Missile Compartment, the Trident II (D5)
Strategic Weapon System, and associated equipment and production
capabilities, that support the successful development and
deployment of the Dreadnought submarines of the United Kingdom; and
(6) the close technical collaboration, especially expert mutual
scientific peer review, provides valuable resilience and cost
effectiveness to the respective deterrence programs of the United
States and the United Kingdom.

Subtitle E--Missile Defense Programs

SEC. 1681. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--It is the policy of the United States to maintain and
improve an effective, robust layered missile defense system capable of
defending the territory of the United States, allies, deployed forces,
and capabilities against the developing and increasingly complex
ballistic missile threat with funding subject to the annual
authorization of appropriations and the annual appropriation of funds
for National Missile Defense.
(b) Conforming Repeal.--Section 2 of the National Missile Defense
Act of 1999 (Public Law 106-38; 10 U.S.C. 2431 note) is repealed.
SEC. 1682. EXTENSIONS OF PROHIBITIONS RELATING TO MISSILE DEFENSE
INFORMATION AND SYSTEMS.
(a) Prohibition on Integration of Certain Missile Defense
Systems.--
(1) In general.--Section 130h of title 10, United States Code,
is amended--
(A) by redesignating subsection (d) as subsection (e);
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Integration.--None of the funds authorized to be appropriated
or otherwise made available for any fiscal year for the Department of
Defense may be obligated or expended to integrate a missile defense
system of the Russian Federation or a missile defense system of the
People's Republic of China into any missile defense system of the
United States.''; and
(C) by striking the section heading and inserting the
following: ``Prohibitions relating to missile defense
information and systems''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 3 of title 10, United States Code, is amended by
striking the item relating to section 130h and inserting the
following new item:

``130h. Prohibitions relating to missile defense information and
systems.''.

(3) Conforming repeals.--Sections 1672 and 1673 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1130) are repealed.
(b) Extension of Sunset.--Section 130h(e) of title 10, United
States Code, as redesignated by subsection (a)(1), is amended to read
as follows:
``(e) Sunset.--The prohibitions in subsections (a), (b), and (d)
shall expire on January 1, 2019.''.
SEC. 1683. NON-TERRESTRIAL MISSILE DEFENSE INTERCEPT AND DEFEAT
CAPABILITY FOR THE BALLISTIC MISSILE DEFENSE SYSTEM.
Section 1685 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1142) is amended--
(1) in subsection (c)(2), by inserting before the semicolon at
the end the following: ``for each fiscal year over the five-fiscal-
year period beginning with the fiscal year following the fiscal
year in which the report is submitted, assuming such potential
program of record is technically feasible and could be deployed by
December 31, 2027''; and
(2) by adding at the end the following new subsection:
``(d) Commencement of RDT&E.--Not later than 60 days after the
submittal of the report required by subsection (c), the Director may
commence coordination and activities associated with research,
development, test, and evaluation on the programs described in
subsection (c)(2).''.
SEC. 1684. REVIEW OF THE MISSILE DEFEAT POLICY AND STRATEGY OF THE
UNITED STATES.
(a) New Review.--The Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall jointly conduct a new review of the missile
defeat capability, policy, and strategy of the United States, with
respect to--
(1) left- and right-of-launch ballistic missile defense for--
(A) both regional and homeland purposes; and
(B) the full range of active, passive, kinetic, and
nonkinetic defense measures across the full spectrum of land-,
air-, sea-, and space-based platforms;
(2) the integration of offensive and defensive forces for the
defeat of ballistic missiles, including against weapons initially
deployed on ballistic missiles, such as hypersonic glide vehicles;
and
(3) cruise missile defense of the homeland.
(b) Elements.--The review under subsection (a) shall address the
following:
(1) The missile defeat policy, strategy, and objectives of the
United States in relation to the national security strategy of the
United States and the military strategy of the United States.
(2) The role of deterrence in the missile defeat policy and
strategy of the United States.
(3) The missile defeat posture, capability, and force structure
of the United States.
(4) With respect to both the five- and ten-year periods
beginning on the date of the review, the planned and desired end-
state of the missile defeat programs of the United States,
including regarding the integration and interoperability of such
programs with the joint forces and the integration and
interoperability of such programs with allies, and specific
benchmarks, milestones, and key steps required to reach such end-
states.
(5) The process for determining requirements, force structure,
and inventory objectives for missile defeat capabilities under such
programs, including input from the joint military requirements
process.
(6) The organization, execution, and oversight of acquisition
for the missile defeat programs of the United States.
(7) The roles and responsibilities of the Office of the
Secretary of Defense, Defense Agencies, combatant commands, the
Joint Chiefs of Staff, the military departments, and the
intelligence community in such programs and the process for
ensuring accountability of each stakeholder.
(8) Standards for the military utility, operational
effectiveness, suitability, and survivability of the missile defeat
systems of the United States.
(9) The method in which resources for the missile defeat
mission are planned, programmed, and budgeted within the Department
of Defense.
(10) The near-term and long-term costs and cost effectiveness
of such programs.
(11) The options for affecting the offense-defense cost curve.
(12) The role of international cooperation in the missile
defeat policy and strategy of the United States and the plans,
policies, and requirements for integration and interoperability of
missile defeat capability with allies.
(13) Options for increasing the frequency of the codevelopment
of missile defeat capabilities with allies of the United States in
the near-term and far-term.
(14) Declaratory policy governing the employment of missile
defeat capabilities and the military options and plans and
employment options of such capabilities.
(15) The role of multi-mission defense and other assets of the
United States, including space and terrestrial sensors and plans to
achieve multi-mission capability in current, planned, and other
future assets and acquisition programs.
(16) The indications and warning required to meet the missile
defeat strategy and objectives of the United States described in
paragraph (1) and the key enablers and programs to achieve such
indications and warning.
(17) The impact of the mobility, countermeasures, and denial
and deception capabilities of adversaries on the indications and
warning described in paragraph (16) and the consequences on the
missile defeat capability, objectives, and military options of the
United States and the plans of the combatant commanders.
(18) Any other matters the Secretary determines relevant.
(c) Reports.--
(1) Results.--Not later than January 31, 2018, the Secretary
shall submit to the congressional defense committees a report
setting forth the results of the review under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(3) Annual implementation updates.--During the five-year period
beginning on the date of the submission of the report under
paragraph (1), the Director of Cost Assessment and Program
Evaluation shall submit to the Secretary of Defense, the Chairman
of the Joint Chiefs of Staff, and the congressional defense
committees annual status updates detailing the progress of the
Secretary in implementing the missile defeat strategy of the United
States.
(4) Threat report.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional defense committees, the Permanent
Select Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate a report
containing an unclassified summary, consistent with the protection
of intelligence sources and methods, of--
(A) as of the date of the report required by this
paragraph, the ballistic and cruise missile threat to the
United States, deployed forces of the United States, and
friends and allies of the United States from short-, medium-,
intermediate-, and long-range nuclear and non-nuclear ballistic
and cruise missile threats; and
(B) an assessment of such threat in 2026.
(5) Declaratory policy, concept of operations, and employment
guidelines for left-of-launch capability.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall jointly
submit to the congressional defense committees the following:
(A) The unclassified declaratory policy of the United
States regarding the use of the left-of-launch capability of
the United States against potential targets.
(B) Both the classified and unclassified concept of
operations for the use of such capability across and between
the combatant commands.
(C) Both the classified and unclassified employment
strategy, plans, and options for such capability.
(d) Notification.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2017 or fiscal year 2018 for the Secretary of Defense may be
obligated or expended to change the non-standard acquisition
processes and responsibilities described in paragraph (2) until--
(A) the Secretary notifies the congressional defense
committees of such proposed change; and
(B) a period of 180 days has elapsed following the date of
such notification.
(2) Non-standard acquisition processes and responsibilities
described.--The non-standard acquisition processes and
responsibilities described in this paragraph are such processes and
responsibilities described in--
(A) the memorandum of the Secretary of Defense titled
``Missile Defense Program Direction'' signed on January 2,
2002; and
(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this Act.
(e) Designation Required.--
(1) Authority.--Not later than March 31, 2018, the Secretary of
Defense shall designate a military department or Defense Agency
with acquisition authority with respect to--
(A) the capability to defend the homeland from cruise
missiles; and
(B) left-of-launch ballistic missile defeat capability.
(2) Discretion.--The Secretary may designate a single military
department or Defense Agency with the acquisition authority
described in paragraph (1) or designate a separate military
department or Defense Agency for each function specified in such
paragraph.
(3) Validation.--In making a designation under paragraph (1),
the Secretary shall include a description of the manner in which
the military requirements for such capabilities will be validated.
(f) Definitions.--In this section:
(1) The term ``Defense Agency'' has the meaning given that term
in section 101(a)(11) of title 10, United States Code.
(2) The term ``intelligence community'' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 1685. MAXIMIZING AEGIS ASHORE CAPABILITY AND DEVELOPING MEDIUM
RANGE DISCRIMINATION RADAR.
(a) Anti-air Warfare Capability of Aegis Ashore Sites.--
(1) Authorization.--Using funds authorized to be appropriated
by sections 101 and 201 of this Act or otherwise made available for
fiscal year 2017 for procurement and research, development, test,
and evaluation, the Secretary of Defense shall continue the
development, procurement, and deployment of anti-air warfare
capabilities at each Aegis Ashore site in Romania and Poland.
(2) Long-lead components.--Of the funds specified in paragraph
(1), not more than $25,000,000 may be obligated or expended for the
procurement of long-lead components to provide the anti-air warfare
capabilities described in such paragraph.
(3) Reprogramming and transfers.--Any reprogramming or transfer
made to carry out paragraph (1) shall be carried out in accordance
with established procedures for reprogramming or transfers.
(b) Aegis Ashore Capability Evaluation.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff shall jointly submit to
the congressional defense committees an evaluation of the ballistic
missile and air threat against the continental United States and the
efficacy (including with respect to cost, ideal and optimal deployment
locations, and potential deployment schedule) of deploying one or more
Aegis Ashore sites and Aegis Ashore components for the ballistic and
cruise missile defense of the continental United States.
(c) Aegis Ashore Site and Medium Range Discrimination Radar on the
Pacific Missile Range Facility.--
(1) Limitation.--During fiscal year 2017, the Secretary of
Defense may not reduce the manning levels or test capability, as
such levels and capability existed on January 1, 2015, of the Aegis
Ashore site at the Pacific Missile Range Facility in Hawaii,
including by putting such site into a ``cold'' or ``stand by''
status.
(2) Environmental impact statement.--
(A) Not later than 60 days after the date of the enactment
of this Act, the Director of the Missile Defense Agency shall
notify the congressional defense committees on whether the
preferred alternative for fielding a medium range ballistic
missile defense sensor for the defense of Hawaii identified by
the report under section 1689(b)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1144) would require an update to the environmental impact
statement required for constructing the Aegis Ashore site at
the Pacific Missile Range Facility.
(B) In carrying out the preferred alternative for fielding
a medium range ballistic missile defense sensor for the defense
of Hawaii, if the Director determines that an updated
environmental impact statement, a new environmental impact
statement, or another action is required or recommended
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. et seq.), the Director shall commence such action by not
later than 60 days after the date on which the Director makes
the notification under subparagraph (A).
(3) Evaluation.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff shall jointly submit to the congressional
defense committees an evaluation of the ballistic missile and air
threat against Hawaii (including with respect to threats to the
Armed Forces and installations located in Hawaii) and the efficacy
(including with respect to cost and potential alternatives) of--
(A) making the Aegis Ashore site at the Pacific Missile
Range Facility operational;
(B) deploying the preferred alternative for fielding a
medium range ballistic missile defense sensor for the defense
of Hawaii described in paragraph (2)(A); and
(C) any other alternative the Secretary and the Chairman
determine appropriate.
(d) Forms.--The evaluations submitted under subsections (b) and
(c)(3) shall each be submitted in unclassified form, but may each
include a classified annex.
SEC. 1686. TECHNICAL AUTHORITY FOR INTEGRATED AIR AND MISSILE DEFENSE
ACTIVITIES AND PROGRAMS.
(a) Authority.--
(1) In general.--The Director of the Missile Defense Agency is
the technical authority of the Department of Defense for integrated
air and missile defense activities and programs, including joint
engineering and integration efforts for such activities and
programs, including with respect to defining and controlling the
interfaces of such activities and programs and the allocation of
technical requirements for such activities and programs.
(2) Detailees.--
(A) In carrying out the technical authority under paragraph
(1), the Director may seek to have staff detailed to the
Missile Defense Agency from the Joint Functional Component
Command for Integrated Missile Defense and the Joint Integrated
Air and Missile Defense Organization in a number the Director
determines necessary in accordance with subparagraph (B).
(B) In detailing staff under subparagraph (A) to carry out
the technical authority under paragraph (1), the total number
of staff, including detailees, of the Missile Defense Agency
who carry out such authority may not exceed the number that is
twice the number of such staff carrying out such authority as
of January 1, 2016.
(b) Assessments and Plans.--
(1) Biennial submission.--Not later than January 31, 2017, and
biennially thereafter through 2021, the Director shall submit to
the congressional defense committees an assessment of the state of
integration and interoperability of the integrated air and missile
defense capabilities of the Department of Defense.
(2) Elements.--Each assessment under paragraph (1) shall
include the following:
(A) Identification of any gaps in the integration and
interoperability of the integrated air and missile defense
capabilities of the Department.
(B) A description of the options to improve such
capabilities and remediate such gaps.
(C) A plan to carry out such improvements and remediations,
including milestones and costs for such plan.
(3) Form.--Each assessment under paragraph (1) shall be
submitted in classified form unless the Director determines that
submitting such assessment in unclassified form is useful and
expedient.
SEC. 1687. HYPERSONIC DEFENSE CAPABILITY DEVELOPMENT.
(a) Executive Agent.--The Director of the Missile Defense Agency
shall serve as the executive agent for the Department of Defense for
the development of a capability by the United States to counter
hypersonic boost-glide vehicle capabilities and conventional prompt
strike capabilities that may be employed against the United States, the
allies of the United States, and the deployed forces of the United
States.
(b) Duties.--In carrying out subsection (a), the Director shall--
(1) develop architectures for a hypersonic defense capability,
from detecting threats to intercepting such threats, that--
(A) involves systems of the military departments and the
Defense Agencies; and
(B) includes both kinetic and nonkinetic options for such
interception; and
(2) not later than September 30, 2017, establish a program of
record to develop a hypersonic defense capability.
(c) Reports Required.--Not later than March 31, 2017--
(1) the Director shall submit to the congressional defense
committees a report on the architectures and sensors evaluated
pursuant to subsection (b); and
(2) the Chairman of the Joint Chiefs of Staff shall submit to
the congressional defense committees a report on the military
capability or capabilities and capability gaps relating to the
threat posed by hypersonic boost-glide vehicles and maneuvering
ballistic missiles to the United States, the allies of the United
States, and the deployed forces of the United States.
(d) Notification of Funding Procedures.--Not later than 90 days
after the date on which the Director submits the report under
subsection (c)(1), the Director shall notify the congressional defense
committees with respect to whether the Director intends to use
established procedures for reprogramming or transfers to carry out
subsection (a) to conduct activities regarding experimentation,
modeling and simulation, or research and development, to develop a
hypersonic defense capability.
(e) Definitions.--In this section:
(1) The term ``Defense Agencies'' has the meaning given that
term in section 101(a)(11) of title 10, United States Code.
(2) The term ``executive agent'' has the meaning given the term
``DoD Executive Agent'' in Department of Defense Directive 5101.1,
or any successor directive relating to the responsibilities of an
executive agent of the Department of Defense.
(3) The term ``hypersonic defense capability'' means the
capability to counter hypersonic boost-glide vehicles and
conventional prompt strike ballistic missiles.
SEC. 1688. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPONS SYSTEM.
(a) Milestone A Approval Decision.--The Secretary of Defense shall
make a decision regarding Milestone A approval (as defined in section
2366(e) of title 10, United States Code) for the conventional prompt
global strike weapons system not later than the earlier of--
(1) September 30, 2020; or
(2) the date that is 240 days after the date of the successful
completion of intermediate range flight 2 of such system.
(b) Limitation on Availability of Funds.--Of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2017 for research, development, test, and evaluation, Defense-
wide, for the conventional prompt global strike weapons system, not
more than 75 percent may be obligated or expended until the date on
which the Chairman of the Joint Chiefs of Staff, in consultation with
the Commander of the United States European Command, the Commander of
the United States Pacific Command, and the Commander of the United
States Strategic Command, submits to the congressional defense
committees a report on--
(1) whether there are warfighter requirements or integrated
priorities list submitted needs for a limited operational
conventional prompt strike capability; and
(2) whether the program plan and schedule proposed by the
program office in the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics supports such requirements
and integrated priorities lists submissions.
SEC. 1689. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF GROUND-BASED
MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Testing Required.--Except as provided in subsection (c), not
less frequently than once each fiscal year, the Director of the Missile
Defense Agency shall administer a flight test of the ground-based
midcourse defense element of the ballistic missile defense system.
(b) Requirements.--The Director shall ensure that each test carried
out under subsection (a) provides, when possible, for one or more of
the following:
(1) The validation of technical improvements made to increase
system performance and reliability.
(2) The evaluation of the operational effectiveness of the
ground-based midcourse defense element of the ballistic missile
defense system.
(3) The use of threat-representative targets and critical
engagement conditions.
(4) The evaluation of new configurations of interceptors before
they are fielded.
(5) The satisfaction of the ``fly before buy'' acquisition
approach for new interceptor components or software.
(6) The evaluation of the interoperability of the ground-based
midcourse defense element with other elements of the ballistic
missile defense systems.
(c) Exceptions.--The Director may forgo a test under subsection (a)
in a fiscal year under one or more of the following conditions:
(1) Such a test would jeopardize national security.
(2) Insufficient time considerations between post-test analysis
and subsequent pre-test design.
(3) Insufficient funding.
(4) An interceptor is unavailable.
(5) A target is unavailable or is insufficiently representative
of threats.
(6) The test range or necessary test assets are unavailable.
(7) Inclement weather.
(8) Any other condition the Director considers appropriate.
(d) Certification.--Not later than 45 days after forgoing a test
for a condition or conditions under subsection (c)(8), the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
submit to the congressional defense committees a certification setting
forth the condition or conditions that caused the test to be forgone
under such subsection.
(e) Report.--Not later than 45 days after forgoing a test for any
condition specified in subsection (c), the Director shall submit to the
congressional defense committees a report setting forth the rationale
for forgoing the test and a plan to restore an intercept flight test in
the Integrated Master Test Plan of the Missile Defense Agency. In the
case of a test forgone for a condition or conditions under subsection
(c)(8), the report required by this subsection is in addition to the
certification required by subsection (d).
SEC. 1690. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND COPRODUCTION.
(a) Iron Dome Short-range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2017 for procurement, Defense-wide, and available for the
Missile Defense Agency, not more than $62,000,000 may be provided
to the Government of Israel to procure Tamir interceptors for the
Iron Dome short-range rocket defense system through coproduction of
such interceptors in the United States by industry of the United
States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between
the Department of Defense of the United States of America and
the Ministry of Defense of the State of Israel Concerning Iron
Dome Defense System Procurement, signed on March 5, 2014,
subject to an amended bilateral international agreement for
coproduction for Tamir interceptors. In negotiations by the
Missile Defense Agency and the Missile Defense Organization of
the Government of Israel regarding such production, the goal of
the United States is to maximize opportunities for coproduction
of the Tamir interceptors described in paragraph (1) in the
United States by industry of the United States.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Director of the Missile Defense Agency and the Under Secretary
of Defense for Acquisition, Technology, and Logistics shall
jointly submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement; and
(ii) an assessment detailing any risks relating to the
implementation of such agreement.
(b) Israeli Cooperative Missile Defense Program Codevelopment and
Coproduction.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2017 for procurement,
Defense-wide, and available for the Missile Defense Agency--
(A) not more than $150,000,000 may be provided to the
Government of Israel to procure the David's Sling Weapon
System, including for coproduction of parts and components in
the United States by United States industry; and
(B) not more than $120,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for coproduction of parts and components in
the United States by United States industry.
(2) Certification.--
(A) Criteria.--Except as provided by paragraph (3), the
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall submit to the appropriate congressional
committees a certification that--
(i) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by
the research, development, and technology agreements for
the David's Sling Weapon System and the Arrow 3 Upper Tier
Development Program, respectively;
(ii) funds specified in subparagraphs (A) and (B) of
paragraph (1) will be provided on the basis of a one-for-
one cash match made by Israel for such respective systems
or in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel);
(iii) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--

(I) in accordance with clause (iv), the terms of
coproduction of parts and components of such respective
systems on the basis of the greatest practicable
coproduction of parts, components, and all-up rounds
(if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for coproduction;
(II) complete transparency on the requirement of
Israel for the number of interceptors and batteries of
such respective systems that will be procured,
including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(III) technical milestones for coproduction of
parts and components and procurement of such respective
systems; and
(IV) joint approval processes for third-party sales
of such respective systems and the components of such
respective systems;

(iv) the level of coproduction described in clause
(iii)(I) for the Arrow 3 Upper Tier Interceptor Program and
the David's Sling Weapon System is not less than 50
percent; and
(v) of the funds specified in subparagraph (B) of
paragraph (1), not more than $5,000,000 may be obligated or
expended to cover costs related to any delays, including
delays with respect to exchanging technical data or
specifications, of the Arrow 3 Upper Tier Interceptor
Program.
(B) Number.--In carrying out subparagraph (A), the Under
Secretary may submit--
(i) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor
Program; or
(ii) separate certifications for each respective
system.
(C) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification under
subparagraph (A) by not later than 60 days before the funds
specified in paragraph (1) for the respective system covered by
the certification are provided to the Government of Israel.
(3) Waiver.--The Under Secretary may waive the certification
required by paragraph (2) if the Under Secretary certifies to the
appropriate congressional committees that the Under Secretary has
received sufficient data from the Government of Israel to
demonstrate--
(A) the funds specified in subparagraphs (A) and (B) of
paragraph (1) are provided to Israel solely for funding the
procurement of long-lead components and critical hardware in
accordance with a production plan, including a funding profile
detailing Israeli contributions for production, including long-
lead production, of either David's Sling Weapon System or the
Arrow 3 Upper Tier Interceptor Program;
(B) such long-lead components have successfully completed
knowledge points, technical milestones, and production
readiness reviews; and
(C) the long-lead procurement will be conducted in a manner
that maximizes coproduction in the United States without
incurring nonrecurring engineering activity or cost other than
such activity or cost required for suppliers of the United
States to start or restart production in the United States.
(c) Limitation on Funding for David's Sling Weapon System.--None of
the amounts appropriated or otherwise made available pursuant to
subsection (a)(1) of section 1679 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1135) that
remain available and are unobligated as of the date of the enactment of
this Act may be obligated or expended until the appropriate
congressional committees receive the plan required by subsection (d) of
such section.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1691. LIMITATIONS ON AVAILABILITY OF FUNDS FOR LOWER TIER AIR AND
MISSILE DEFENSE CAPABILITY OF THE ARMY.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for lower tier
missile defense capability (PE 0604114A) radar replacement, not more
than 75 percent may be obligated or expended until each of the
following occurs:
(1) The Director of the Missile Defense Agency, in coordination
with the Chief of Staff of the Army, submits to the congressional
defense committees a report on the manner in which the Director,
acting as the technical integrating authority for air and missile
defense, will ensure that the lower tier air and missile defense
radar will meet the requirements of the commanders of the combatant
commands for interoperability with the ballistic missile defense
system and other air and missile defense capabilities deployed and
planned to be deployed by the United States, including the
establishment of key military requirements for such integrated
capability and program development milestones.
(2) The Chairman of the Joint Chiefs of Staff--
(A) certifies to the congressional defense committees that
the planned lower tier air and missile defense radar of the
Army is being designed to fully support the required attributes
for modularity sought by the commanders of the geographic
combatant commands, including a description of such required
attributes and the key milestones that will be used to ensure
such modularity is achieved; and
(B) notifies the congressional defense committees of any
objective requirements not met in the threshold requirement for
the air and missile defense capability of the Army, including
an assessment of any resulting capability gaps to military air
and missile defense capability.
(b) Additional Limitation.--In addition to the limitation in
subsection (a), of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for lower tier missile
defense capability (PE 0604114A) radar replacement, not more than 90
percent may be obligated or expended until the date on which the Chief
of Staff of the Army, in coordination with the Secretary of the Army,
submits to the congressional defense committees a determination
regarding--
(1) whether the technology demonstration and knowledge points
progression of the technology maturation and risk reduction phase
of the lower tier air and missile defense radar acquisition program
support a fair, full, and open acquisition program that can begin
low-rate initial production earlier than 2021; and
(2) if such production can begin earlier than 2021, what steps
the Chief of Staff is taking to achieve such an earlier production
date.
(c) Notification on Delegation.--Not later than 30 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall notify the congressional
defense committees as to whether the Under Secretary will delegate to
the Secretary of the Army the acquisition authority for the lower tier
air and missile defense radar program of the Army.
(d) Notification on Funding.--Not later than 30 days after the
completion of the technology demonstration phase of the lower tier air
and missile defense radar acquisition program, the Secretary of the
Army shall notify the congressional defense committees whether the
Secretary could carry out a reprogramming or transfer of funds
previously authorized to be appropriated for another purpose (in
accordance with established procedures for reprogramming or transfers)
to meaningfully accelerate the acquisition program and, if so, how.
SEC. 1692. PILOT PROGRAM ON LOSS OF UNCLASSIFIED, CONTROLLED TECHNICAL
INFORMATION.
(a) Pilot Program.--Beginning not later than 90 days after the date
of the enactment of this Act, the Director of the Missile Defense
Agency shall carry out a pilot program to implement improvements to the
data protection options in the programs of the Missile Defense Agency
(including the contractors of the Agency), particularly with respect to
unclassified, controlled technical information and controlled
unclassified information.
(b) Priority.--In carrying out the pilot program under subsection
(a), the Director shall give priority to implementing data protection
options that are used by the private sector and have been proven
successful.
(c) Duration.--The Director shall carry out the pilot program under
subsection (a) for not more than a 5-year period.
(d) Notification.--Not later than 30 days before the date on which
the Director commences the pilot program under subsection (a), the
Director shall notify the congressional defense committees, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate of--
(1) the data protection options that the Director is
considering to implement under the pilot program and the potential
costs of such options; and
(2) such option that is the preferred option of the Director.
(e) Data Protection Options.--In this section, the term ``data
protection options'' means actions to improve processes, practices, and
systems that relate to the safeguarding, hygiene, and data protection
of information.
SEC. 1693. PLAN FOR PROCUREMENT OF MEDIUM-RANGE DISCRIMINATION RADAR TO
IMPROVE HOMELAND MISSILE DEFENSE.
(a) Plan.--
(1) Development.--The Director of the Missile Defense Agency
shall develop a plan to--
(A) procure a medium-range discrimination radar or
equivalent sensor for a location the Director determines will
improve homeland missile defense for the defense of Hawaii from
the limited ballistic missile threat (including accidental or
unauthorized launch); and
(B) field such radar or equivalent sensor by not later than
December 31, 2021.
(2) Submission.--Not later than 60 days after the date of the
enactment of this Act, the Director shall submit to the
congressional defense committees the plan developed under paragraph
(1).
(b) Request for Proposals.--Not later than October 1, 2017, the
Director shall issue a request for proposals for the medium-range
discrimination radar or equivalent sensor specified in subsection
(a)(1)(A).
SEC. 1694. REVIEW OF MISSILE DEFENSE AGENCY BUDGET SUBMISSIONS FOR
GROUND-BASED MIDCOURSE DEFENSE AND EVALUATION OF ALTERNATIVE GROUND-
BASED INTERCEPTOR DEPLOYMENTS.
(a) Budget Sufficiency.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of Cost Assessment and Program
Evaluation shall submit to the congressional defense committees a
report on the ground-based midcourse defense system.
(2) Elements.--The report under paragraph (1) shall include an
evaluation of each of the following:
(A) The modernization requirements for the ground-based
midcourse system, including all command and control, ground
systems, sensors and sensor interfaces, boosters and kill
vehicles, and integration of known future systems and
components.
(B) The obsolescence of such systems and components.
(C) The industrial base requirements relating to the
ground-based midcourse system, as determined by the Director of
the Missile Defense Agency.
(D) The extent to which the estimated levels of annual
funding included in the most recent budget and the future-years
defense program submitted under section 221 of title 10, United
States Code, fully fund the requirements under subparagraph
(A).
(3) Updates.--Not later than 30 days after the date on which
each budget is submitted through January 31, 2021, the Director
shall submit to the congressional defense committees an update to
the report under paragraph (1).
(b) Evaluation of Transportable Ground-based Interceptor.--Not
later than 180 days after the date of the enactment of this Act, the
Director of the Missile Defense Agency shall submit to the
congressional defense committees a report on transportable ground-based
interceptors. Such report shall detail the views of the Director
regarding--
(1) the cost that is unconstrained by current projected budget
levels for the Missile Defense Agency (including a detailed program
development production and deployment cost and schedule for the
earliest technically possible deployment), the associated manning,
and the comparative cost (including as compared to developing a
fixed ground-based interceptor site), technical readiness, and
feasibility of a transportable ground-based interceptor as a means
to deploy additional ground-based interceptors for the defense of
the United States and the operational value of a transportable
ground-based interceptor for the defense of the homeland against a
limited ballistic missile attack, including from accidental or
unauthorized ballistic missile launch;
(2) the type and number of flight and or intercept tests that
would be required to validate the capability and compatibility of a
transportable ground-based interceptor in the ballistic missile
defense system;
(3) the enabling capabilities, and the cost of such
capabilities, to support such a system;
(4) any safety consideration of a transportable ground-based
interceptor; and
(5) other matters that the Director determines pertinent to
such a system.
(c) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section, the terms ``budget'' and
``defense budget materials'' have the meanings given those terms in
section 231 of title 10, United States Code.
SEC. 1695. SEMIANNUAL NOTIFICATIONS ON MISSILE DEFENSE TESTS AND COSTS.
(a) Notifications.--Not less than once every 180-day period
beginning 90 days after the date of the enactment of this Act and
ending on January 31, 2021, the Director of the Missile Defense Agency
shall submit to the congressional defense committees a notification
on--
(1) the outcome of each planned flight test, including
intercept tests, occurring during the period covered by the
notification; and
(2) flight tests, including intercept tests, planned to occur
after the date of the notification.
(b) Elements.--Each notification shall include the following:
(1) With respect to each test described in subsection (a)(1)--
(A) the cost;
(B) any changes made to the scope or objectives of the
test, or future tests, and an explanation for such changes;
(C) in the event of a failure of the test or a decision to
delay or cancel the test--
(i) the reasons such test did not succeed or occur;
(ii) the funds expended on such attempted test; and
(iii) in the case of a test failure or cancelled test
that is the result of contractor performance, the
contractor liability, if appropriate, as compared to the
cost of such test and potential retest; and
(D) the plan to conduct a retest, if necessary, and an
estimate of the cost of such retest.
(2) With respect to each test described in subsection (a)(2)--
(A) any changes made to the scope of the test;
(B) whether the test was to occur earlier but was delayed;
and
(C) an explanation for any such changes or delays.
(3) The status of any open failure review boards or any failure
review boards completed during the period covered by the
notification.
(c) Form.--Each notification submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 1696. REPORTS ON UNFUNDED PRIORITIES OF THE MISSILE DEFENSE
AGENCY.
(a) Reports.--Not later than 10 days after the date on which the
budget of the President for each of fiscal years 2018 and 2019 is
submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Director of the Missile Defense Agency shall submit to
the Secretary of Defense and the Chairman of the Joint Chiefs of Staff,
and to the congressional defense committees, a report on the unfunded
priorities of the Missile Defense Agency.
(b) Elements.--
(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report, the
following:
(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
(C) Account information with respect to such priority,
including the following (as applicable):
(i) Line Item Number (LIN) for applicable procurement
accounts.
(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
(iii) Sub-activity group (SAG) for applicable operation
and maintenance accounts.
(2) Prioritization of priorities.--Each report under subsection
(a) shall present the unfunded priorities covered by such report in
order of urgency of priority.
(c) Unfunded Priority Defined.--In this section, the term
``unfunded priority'', in the case of a fiscal year, means a program,
activity, or mission requirement of the Missile Defense Agency that--
(1) is not funded in the budget of the President for the fiscal
year as submitted to Congress pursuant to section 1105 of title 31,
United States Code;
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan of a combatant command or other
validated requirement; and
(3) would have been recommended for funding through the budget
referred to in paragraph (1) by the Director of the Missile Defense
Agency in connection with the budget if--
(A) additional resources had been available for the budget
to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement has
emerged since the budget was formulated.

Subtitle F--Other Matters

SEC. 1697. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130i. Protection of certain facilities and assets from unmanned
aircraft
``(a) Authority.--Notwithstanding any provision of title 18, the
Secretary of Defense may take, and may authorize the armed forces to
take, such actions described in subsection (b)(1) that are necessary to
mitigate the threat (as defined by the Secretary of Defense, in
consultation with the Secretary of Transportation) that an unmanned
aircraft system or unmanned aircraft poses to the safety or security of
a covered facility or asset.
``(b) Actions Described.--(1) The actions described in this
paragraph are the following:
``(A) Detect, identify, monitor, and track the unmanned
aircraft system or unmanned aircraft, without prior consent,
including by means of intercept or other access of a wire, oral, or
electronic communication used to control the unmanned aircraft
system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct or
indirect physical, electronic, radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, including by disabling
the unmanned aircraft system or unmanned aircraft by intercepting,
interfering, or causing interference with wire, oral, electronic,
or radio communications used to control the unmanned aircraft
system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft system
or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or destroy the
unmanned aircraft system or unmanned aircraft.
``(2) The Secretary of Defense shall develop the actions described
in paragraph (1) in coordination with the Secretary of Transportation.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (a) that is seized by the Secretary of
Defense is subject to forfeiture to the United States.
``(d) Regulations.--The Secretary of Defense and the Secretary of
Transportation may prescribe regulations and shall issue guidance in
the respective areas of each Secretary to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `covered facility or asset' means any facility
or asset that--
``(A) is identified by the Secretary of Defense for
purposes of this section;
``(B) is located in the United States (including the
territories and possessions of the United States); and
``(C) relates to--
``(i) the nuclear deterrence mission of the Department
of Defense, including with respect to nuclear command and
control, integrated tactical warning and attack assessment,
and continuity of government;
``(ii) the missile defense mission of the Department;
or
``(iii) the national security space mission of the
Department.
``(2) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130h the following new item:

``130i. Protection of certain facilities and assets from unmanned
aircraft.''.
SEC. 1698. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL
POSITIONING SYSTEM.
(a) Federal Communications Commission Conditions on Commercial
Terrestrial Operations.--Part I of title III of the Communications Act
of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. CONDITIONS ON COMMERCIAL TERRESTRIAL OPERATIONS.
``(a) In General.--The Commission shall not permit commercial
terrestrial operations in the 1525-1559 megahertz band or the 1626.5-
1660.5 megahertz band until the date that is 90 days after the
Commission resolves concerns of widespread harmful interference by such
operations in such band to covered GPS devices.
``(b) Notice to Congress.--
``(1) In general.--At the conclusion of the decision regarding
whether to permit such operations in such band, the Commission
shall submit to the congressional committees described in paragraph
(2) official copies of the documents containing the final decision
of the Commission. If the decision is to permit such operations in
such band, such documents shall contain or be accompanied by an
explanation of how the concerns described in subsection (a) have
been resolved.
``(2) Congressional committees described.--The congressional
committees described in this paragraph are the following:
``(A) The Committee on Energy and Commerce and the
Committee on Armed Services of the House of Representatives.
``(B) The Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of the
Senate.
``(c) Covered GPS Device Defined.--In this section, the term
`covered GPS device' means a Global Positioning System device of the
Department of Defense.''.
(b) Secretary of Defense Review of Harmful Interference.--
(1) Review.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter until the date
referred to in paragraph (3), the Secretary of Defense shall
conduct a review to--
(A) assess the ability of covered GPS devices to receive
signals from Global Positioning System satellites without
widespread harmful interference; and
(B) determine if commercial communications services are
causing or will cause widespread harmful interference with
covered GPS devices.
(2) Notice to congress.--
(A) Notice.--If the Secretary of Defense determines during
a review under paragraph (1) that commercial communications
services are causing or will cause widespread harmful
interference with covered GPS devices, the Secretary shall
promptly submit to the congressional defense committees notice
of such interference.
(B) Contents.--The notice required under subparagraph (A)
shall include--
(i) a list and description of the covered GPS devices
that are being or expected to be interfered with by
commercial communications services;
(ii) a description of the source of, and the entity
causing or expected to cause, the interference with such
devices;
(iii) a description of the manner in which such source
or such entity is causing or expected to cause such
interference;
(iv) a description of the magnitude of harm caused or
expected to be caused by such interference;
(v) a description of the duration of and the conditions
and circumstances under which such interference is
occurring or expected to occur;
(vi) a description of the impact of such interference
on the national security interests of the United States;
and
(vii) a description of the plans of the Secretary to
address, alleviate, or mitigate such interference,
including the cost of such plans.
(C) Form.--The notice required under subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
(3) Termination date.--The date referred to in this paragraph
is the earlier of--
(A) the date that is two years after the date of the
enactment of this Act; or
(B) the date on which the Secretary--
(i) determines that commercial communications services
are not causing any widespread harmful interference with
covered GPS devices; and
(ii) submits to the congressional defense committees
notice of the determination made under clause (i).
(c) Covered GPS Device Defined.--In this section, the term
``covered GPS device'' means a Global Positioning System device of the
Department of Defense.
(d) Conforming Repeal.--Section 911 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1534) is repealed.

TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

Sec. 1701. Short title.
Sec. 1702. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 1703. Guam World War II Claims Fund.
Sec. 1704. Payments for Guam World War II claims.
Sec. 1705. Adjudication.
Sec. 1706. Grants program to memorialize the occupation of Guam during
World War II.
Sec. 1707. Authorization of appropriations.
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.
SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States, as demonstrated by the
countless acts of courage they performed despite the threat of death or
great bodily harm they faced at the hands of the Imperial Japanese
military forces that occupied Guam during World War II.
SEC. 1703. GUAM WORLD WAR II CLAIMS FUND.
(a) Establishment of Fund.--The Secretary of the Treasury shall
establish in the Treasury of the United States a special fund (in this
title referred to as the ``Claims Fund'') for the payment of claims
submitted by compensable Guam victims and survivors of compensable Guam
decedents in accordance with sections 1704 and 1705.
(b) Composition of Fund.--The Claims Fund established under
subsection (a) shall be composed of amounts deposited into the Claims
Fund under subsection (c) and any other payments made available for the
payment of claims under this title.
(c) Payment of Certain Duties, Taxes, and Fees Collected From Guam
Deposited Into Fund.--
(1) In general.--Notwithstanding section 30 of the Organic Act
of Guam (48 U.S.C. 1421h), the excess of--
(A) any amount of duties, taxes, and fees collected under
such section after fiscal year 2014, over
(B) the amount of duties, taxes, and fees collected under
such section during fiscal year 2014,
shall be deposited into the Claims Fund.
(2) Application.--Paragraph (1) shall not apply after the date
for which the Secretary of the Treasury determines that all
payments required to be made under section 1704 have been made.
(d) Limitation on Payments Made From Fund.--
(1) In general.--No payment may be made in a fiscal year under
section 1704 until funds are deposited into the Claims Fund in such
fiscal year under subsection (c).
(2) Amounts.--For each fiscal year in which funds are deposited
into the Claims Fund under subsection (c), the total amount of
payments made in a fiscal year under section 1704 may not exceed
the amount of funds available in the Claims Fund for such fiscal
year.
(e) Deductions From Fund for Administrative Expenses.--The
Secretary of the Treasury shall deduct from any amounts deposited into
the Claims Fund an amount equal to 5 percent of such amounts as
reimbursement to the Federal Government for expenses incurred by the
Foreign Claims Settlement Commission and by the Department of the
Treasury in the administration of this title. The amounts so deducted
shall be covered into the Treasury as miscellaneous receipts.
SEC. 1704. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--After the Secretary of the Treasury receives
the certification from the Chairman of the Foreign Claims Settlement
Commission as required under section 1705(b)(8), the Secretary of the
Treasury shall make payments, subject to the availably of
appropriations, to compensable Guam victims and survivors of a
compensable Guam decedents as follows:
(1) Compensable guam victim.--Before making any payments under
paragraph (2), the Secretary shall make payments to compensable
Guam victims as follows:
(A) In the case of a victim who has suffered an injury
described in subsection (c)(2)(A), $15,000.
(B) In the case of a victim who is not described in
subparagraph (A), but who has suffered an injury described in
subsection (c)(2)(B), $12,000.
(C) In the case of a victim who is not described in
subparagraph (A) or (B), but who has suffered an injury
described in subsection (c)(2)(C), $10,000.
(2) Survivors of compensable guam decedents.--In the case of a
compensable Guam decedent, the Secretary shall pay $25,000 for
distribution to survivors of the decedent in accordance with
subsection (b). The Secretary shall make payments under this
paragraph only after all payments are made under paragraph (1).
(b) Distribution of Survivor Payments.--A payment made under
subsection (a)(2) to the survivors of a compensable Guam decedent shall
be distributed as follows:
(1) In the case of a decedent whose spouse is living as of the
date of the enactment of this Act, but who had no living children
as of such date, the payment shall be made to such spouse.
(2) In the case of a decedent whose spouse is living as of the
date of the enactment of this Act and who had one or more living
children as of such date, 50 percent of the payment shall be made
to the spouse and 50 percent shall be made to such children, to be
divided among such children to the greatest extent possible into
equal shares.
(3) In the case of a decedent whose spouse is not living as of
the date of the enactment of this Act and who had one or more
living children as of such date, the payment shall be made to such
children, to be divided among such children to the greatest extent
possible into equal shares.
(4) In the case of a decedent whose spouse is not living as of
the date of the enactment of this Act and who had no living
children as of such date, but who--
(A) had a parent who is living as of such date, the payment
shall be made to the parent; or
(B) had two parents who are living as of such date, the
payment shall be divided equally between the parents.
(5) In the case of a decedent whose spouse is not living as of
the date of the enactment of this Act, who had no living children
as of such date, and who had no parents who are living as of such
date, no payment shall be made.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 1705 to
have been a resident of Guam who died as a result of the attack and
occupation of Guam by Imperial Japanese military forces during
World War II, or incident to the liberation of Guam by United
States military forces, and whose death would have been compensable
under the Guam Meritorious Claims Act of 1945 (Public Law 79-224)
if a timely claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual who is not deceased as of the date of
the enactment of this Act and who is determined under section 1705
to have suffered, as a result of the attack and occupation of Guam
by Imperial Japanese military forces during World War II, or
incident to the liberation of Guam by United States military
forces, any of the following:
(A) Rape or severe personal injury (such as loss of a limb,
dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--Not later than 180 days after the date of the enactment
of this Act, the Foreign Claims Settlement Commission shall
promulgate regulations to specify the injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 1705. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission shall
adjudicate claims and determine the eligibility of individuals for
payments under section 1704.
(2) Rules and regulations.--Not later than 180 days after the
date of the enactment of this Act, the Chairman of the Foreign
Claims Settlement Commission shall publish in the Federal Register
such rules and regulations as may be necessary to enable the
Commission to carry out the functions of the Commission under this
title.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1) and
subject to paragraph (2), the Foreign Claims Settlement Commission
may not determine an individual is eligible for a payment under
section 1704 unless the individual submits to the Commission a
claim in such manner and form and containing such information as
the Commission specifies.
(2) Filing period for claims and notice.--
(A) Filing period.--An individual filing a claim for a
payment under section 1704 shall file such claim not later than
one year after the date on which the Foreign Claims Settlement
Commission publishes the notice described in subparagraph (B).
(B) Notice of filing period.--Not later than 180 days after
the date of the enactment of this Act, the Foreign Claims
Settlement Commission shall publish a notice of the deadline
for filing a claim described in subparagraph (A)--
(i) in the Federal Register; and
(ii) in newspaper, radio, and television media in Guam.
(3) Adjudicatory decisions.--The decision of the Foreign Claims
Settlement Commission on each claim filed under this title shall--
(A) be by majority vote;
(B) be in writing;
(C) state the reasons for the approval or denial of the
claim; and
(D) if approved, state the amount of the payment awarded
and the distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from a payment made to a compensable Guam
victim or survivors of a compensable Guam decedent under this
section, amounts paid to such victim or survivors under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224) before the date
of the enactment of this Act.
(5) Interest.--No interest shall be paid on payments made by
the Foreign Claims Settlement Commission under section 1704.
(6) Limited compensation for provision of representational
services.--
(A) Limit on compensation.--Any agreement under which an
individual who provided representational services to an
individual who filed a claim for a payment under this title
that provides for compensation to the individual who provided
such services in an amount that is more than one percent of the
total amount of such payment shall be unlawful and void.
(B) Penalties.--Whoever demands or receives any
compensation in excess of the amount allowed under subparagraph
(A) shall be fined not more than $5,000 or imprisoned not more
than one year, or both.
(7) Appeals and finality.--Objections and appeals of decisions
of the Foreign Claims Settlement Commission shall be to the
Commission, and upon rehearing, the decision in each claim shall be
final, and not subject to further review by any court or agency.
(8) Certifications for payment.--After a decision approving a
claim becomes final, the Chairman of the Foreign Claims Settlement
Commission shall certify such decision to the Secretary of the
Treasury for authorization of a payment under section 1704.
(9) Treatment of affidavits.--For purposes of section 1704 and
subject to paragraph (2), the Foreign Claims Settlement Commission
shall treat a claim that is accompanied by an affidavit of an
individual that attests to all of the material facts required for
establishing the eligibility of such individual for payment under
such section as establishing a prima facie case of the eligibility
of the individual for such payment without the need for further
documentation, except as the Commission may otherwise require. Such
material facts shall include, with respect to a claim for a payment
made under section 1704(a), a detailed description of the injury or
other circumstance supporting the claim involved, including the
level of payment sought.
(10) Release of related claims.--Acceptance of a payment under
section 1704 by an individual for a claim related to a compensable
Guam decedent or a compensable Guam victim shall be in full
satisfaction of all claims related to such decedent or victim,
respectively, arising under the Guam Meritorious Claims Act of 1945
(Public Law 79-224), the implementing regulations issued by the
United States Navy pursuant to such Act (Public Law 79-224), or
this title.
SEC. 1706. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to subsection (b), the Secretary of the
Interior shall establish a grant program under which the Secretary
shall award grants for research, educational, and media activities for
purposes of appropriately illuminating and interpreting the causes and
circumstances of the occupation of Guam during World War II and other
similar occupations during the war that--
(1) memorialize the events surrounding such occupation; or
(2) honor the loyalty of the people of Guam during such
occupation.
(b) Eligibility.--The Secretary of the Interior may not award a
grant under subsection (a) unless the person seeking the grant submits
an application to the Secretary for such grant, in such time, manner,
and form and containing such information as the Secretary specifies.
SEC. 1707. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For the
purposes of carrying out sections 1704 and 1705, there is authorized to
be appropriated for any fiscal year beginning after the date of
enactment of this Act, an amount equal to the amount deposited into the
Claims Fund in a fiscal year under section 1703. Not more than 5
percent of funds make available under this subsection shall be used for
administrative costs. Amounts appropriated under this section may
remain available until expended.
(b) Guam World War II Grants Program.--For purposes of carrying out
section 1706, there are authorized to be appropriated $5,000,000 for
each fiscal year beginning after the date of the enactment of this Act.

TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT

Subtitle A--Improving Transparency and Clarity for Small Businesses

Sec. 1801. Plain language rewrite of requirements for small business
procurements.
Sec. 1802. Transparency in small business goals.

Subtitle B--Clarifying the Roles of Small Business Advocates

Subtitle C--Strengthening Opportunities for Competition in
Subcontracting

Subtitle D--Miscellaneous Provisions

Subtitle E--Improving Cyber Preparedness for Small Businesses

Subtitle A--Improving Transparency and Clarity for Small Businesses

SEC. 1801. PLAIN LANGUAGE REWRITE OF REQUIREMENTS FOR SMALL BUSINESS
PROCUREMENTS.
Section 15(a) of the Small Business Act (15 U.S.C. 644(a)) is
amended to read as follows:
``(a) Small Business Procurements.--
``(1) In general.--For purposes of this Act, small business
concerns shall receive any award or contract if such award or
contract is, in the determination of the Administrator and the
contracting agency, in the interest of--
``(A) maintaining or mobilizing the full productive
capacity of the United States;
``(B) war or national defense programs; or
``(C) assuring that a fair proportion of the total purchase
and contracts for goods and services of the Government in each
industry category (as defined under paragraph (2)) are awarded
to small business concerns.
``(2) Industry category defined.--
``(A) In general.--In this subsection, the term `industry
category' means a discrete group of similar goods and services,
as determined by the Administrator in accordance with the North
American Industry Classification System codes used to establish
small business size standards, except that the Administrator
shall limit an industry category to a greater extent than
provided under the North American Industry Classification
System codes if the Administrator receives evidence indicating
that further segmentation of the industry category is
warranted--
``(i) due to special capital equipment needs;
``(ii) due to special labor requirements;
``(iii) due to special geographic requirements, except
as provided in subparagraph (B);
``(iv) due to unique Federal buying patterns or
requirements; or
``(v) to recognize a new industry.
``(B) Exception for geographic requirements.--The
Administrator may not further segment an industry category
based on geographic requirements unless--
``(i) the Government typically designates the
geographic area where work for contracts for goods or
services is to be performed;
``(ii) Government purchases comprise the major portion
of the entire domestic market for such goods or services;
and
``(iii) it is unreasonable to expect competition from
business concerns located outside of the general geographic
area due to the fixed location of facilities, high
mobilization costs, or similar economic factors.
``(3) Determinations with respect to awards or contracts.--
Determinations made pursuant to paragraph (1) may be made for
individual awards or contracts, any part of an award or contract or
task order, or for classes of awards or contracts or task orders.
``(4) Increasing prime contracting opportunities for small
business concerns.--
``(A) Description of covered proposed procurements.--The
requirements of this paragraph shall apply to a proposed
procurement that includes in its statement of work goods or
services currently being supplied or performed by a small
business concern and, as determined by the Administrator--
``(i) is in a quantity or of an estimated dollar value
which makes the participation of a small business concern
as a prime contractor unlikely;
``(ii) in the case of a proposed procurement for
construction, seeks to bundle or consolidate discrete
construction projects; or
``(iii) is a solicitation that involves an unnecessary
or unjustified bundling of contract requirements.
``(B) Notice to procurement center representatives.--With
respect to proposed procurements described in subparagraph (A),
at least 30 days before issuing a solicitation and concurrent
with other processing steps required before issuing the
solicitation, the contracting agency shall provide a copy of
the proposed procurement to the procurement center
representative of the contracting agency (as described in
subsection (l)) along with a statement explaining--
``(i) why the proposed procurement cannot be divided
into reasonably small lots (not less than economic
production runs) to permit offers on quantities less than
the total requirement;
``(ii) why delivery schedules cannot be established on
a realistic basis that will encourage the participation of
small business concerns in a manner consistent with the
actual requirements of the Government;
``(iii) why the proposed procurement cannot be offered
to increase the likelihood of the participation of small
business concerns;
``(iv) in the case of a proposed procurement for
construction, why the proposed procurement cannot be
offered as separate discrete projects; or
``(v) why the contracting agency has determined that
the bundling of contract requirements is necessary and
justified.
``(C) Alternatives to increase prime contracting
opportunities for small business concerns.--If the procurement
center representative believes that the proposed procurement
will make the participation of small business concerns as prime
contractors unlikely, the procurement center representative,
within 15 days after receiving the statement described in
subparagraph (B), shall recommend to the contracting agency
alternative procurement methods for increasing prime
contracting opportunities for small business concerns.
``(D) Failure to agree on an alternative procurement
method.--If the procurement center representative and the
contracting agency fail to agree on an alternative procurement
method, the Administrator shall submit the matter to the head
of the appropriate department or agency for a determination.
``(5) Contracts for sale of government property.--With respect
to a contract for the sale of Government property, small business
concerns shall receive any such contract if, in the determination
of the Administrator and the disposal agency, the award of such
contract is in the interest of assuring that a fair proportion of
the total sales of Government property be made to small business
concerns.
``(6) Sale of electrical power or other property.--Nothing in
this subsection shall be construed to change any preferences or
priorities established by law with respect to the sale of
electrical power or other property by the Federal Government.
``(7) Costs exceeding fair market price.--A contract may not be
awarded under this subsection if the cost of the contract to the
awarding agency exceeds a fair market price.''.
SEC. 1802. TRANSPARENCY IN SMALL BUSINESS GOALS.
Section 15(h)(3) of the Small Business Act (15 U.S.C. 644(h)(3)) is
amended to read as follows:
``(3) Procurement data.--
``(A) Federal procurement data system.--
``(i) In general.--To assist in the implementation of
this section, the Administrator shall have access to
information collected through the Federal Procurement Data
System, Federal Subcontracting Reporting System, or any new
or successor system.
``(ii) GSA report.--On the date that the Administrator
makes available the report required under paragraph (2),
the Administrator of the General Services Administration
shall submit to the President and Congress, and shall make
available on a public website, a report in the same form
and manner, and including the same information, as the
report required under paragraph (2). The report shall
include all procurements made for the period covered by the
report and may not exclude any contract awarded.
``(B) Agency procurement data sources.--To assist in the
implementation of this section, the head of each contracting
agency shall provide, upon request of the Administrator,
procurement information collected through agency data
collection sources in existence at the time of the request.
Contracting agencies shall not be required to establish new
data collection systems to provide such data.''.

Subtitle B--Clarifying the Roles of Small Business Advocates

SEC. 1811. SCOPE OF REVIEW BY PROCUREMENT CENTER REPRESENTATIVES.
(a) Section 15(l) of the Small Business Act (15 U.S.C. 644(l)) is
amended by adding at the end the following new paragraph:
``(9) Scope of review.--The Administrator--
``(A) may not limit the scope of review by the procurement
center representative for any solicitation of a contract or
task order without regard to whether the contract or task order
or part of the contract or task order is set aside for small
business concerns, whether 1 or more contracts or task order
awards are reserved for small business concerns under a
multiple award contract, or whether or not the solicitation
would result in a bundled or consolidated contract (as defined
in subsection (s)) or a bundled or consolidated task order; and
``(B) shall, unless the contracting agency requests a
review, limit the scope of review by the procurement center
representative for any solicitation of a contract or task order
if such solicitation is awarded by or for the Department of
Defense and--
``(i) is conducted pursuant to section 22 of the Arms
Export Control Act (22 U.S.C. 2762);
``(ii) is a humanitarian operation as defined in
section 401(e) of title 10, United States Code;
``(iii) is for a contingency operation, as defined in
section 101(a)(13) of title 10, United States Code;
``(iv) is to be awarded pursuant to an agreement with
the government of a foreign country in which Armed Forces
of the United States are deployed; or
``(v) both the place of award and the place of
performance are outside of the United States and its
territories.''.
(b) Section 15(g)(2)(B) of the Small Business Act (15 U.S.C.
644(g)(2)(B) is amended by inserting after the period at the end the
following new sentence: ``Contracts excluded from review by procurement
center representatives pursuant to subsection (l)(9)(B) shall not be
considered when establishing these goals.''.
SEC. 1812. DUTIES OF THE OFFICE OF SMALL AND DISADVANTAGED BUSINESS
UTILIZATION.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) by striking ``section 8, 15 or 44'' and inserting ``section
8, 15, 31, 36, or 44'';
(2) by striking ``sections 8 and 15'' each place such term
appears and inserting ``sections 8, 15, 31, 36, and 44'';
(3) in paragraph (10), by striking ``section 8(a)'' and
inserting ``section 8, 15, 31, or 36'';
(4) in paragraph (17)(C), by striking the period at the end and
inserting a semicolon;
(5) by inserting after paragraph (17) the following new
paragraph:
``(18) shall review summary data provided by purchase card
issuers of purchases made by the agency greater than the micro-
purchase threshold (as defined under section 1902 of title 41,
United Stated Code) and less than the simplified acquisition
threshold to ensure that the purchases have been made in compliance
with the provisions of this Act and have been properly recorded in
the Federal Procurement Data System, if the method of payment is a
purchase card issued by the Department of Defense pursuant to
section 2784 of title 10, United States Code, or by the head of an
executive agency pursuant to section 1909 of title 41, United
States Code;''; and
(6) in paragraph (16)--
(A) in subparagraph (B), by striking ``and'' at the end;
and
(B) by adding at the end the following new subparagraph:
``(D) any failure of the agency to comply with section 8,
15, 31, or 36;''.
SEC. 1813. IMPROVING CONTRACTOR COMPLIANCE.
(a) Requirements for the Office of Small and Disadvantaged Business
Utilization.--Section 15(k) of the Small Business Act (15 U.S.C.
644(k)(8)), as amended by this Act, is further amended by inserting
after paragraph (18) (as inserted by section 1812 of this Act) the
following new paragraph:
``(19) shall provide assistance to a small business concern
awarded a contract or subcontract under this Act or under title 10
or title 41, United States Code, in finding resources for education
and training on compliance with contracting regulations (including
the Federal Acquisition Regulation) after award of such a contract
or subcontract; and''.
(b) Requirements Under the Mentor-Protege Program of the Department
of Defense.--Section 831(e)(1) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1607; 10 U.S.C.
2302 note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the assistance the mentor firm will provide to the
protege firm in understanding contract regulations of the
Federal Government and the Department of Defense (including the
Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement) after award of a subcontract
under this section, if applicable.''.
(c) Resources for Small Business Concerns.--Section 15 of the Small
Business Act (15 U.S.C. 644) is amended by adding at the end the
following new subsection:
``(u) Post-Award Compliance Resources.--The Administrator shall
provide to small business development centers and entities
participating in the Procurement Technical Assistance Cooperative
Agreement Program under chapter 142 of title 10, United States Code,
and shall make available on the website of the Administration, a list
of resources for small business concerns seeking education and
assistance on compliance with contracting regulations (including the
Federal Acquisition Regulation) after award of a contract or
subcontract.''.
(d) Requirements for Procurement Center Representatives.--Section
15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is amended--
(1) by redesignating subparagraph (I) as subparagraph (J);
(2) in subparagraph (H), by striking ``and'' at the end; and
(3) by inserting after subparagraph (H) the following new
subparagraph:
``(I) assist small business concerns with finding resources
for education and training on compliance with contracting
regulations (including the Federal Acquisition Regulation)
after award of a contract or subcontract; and''.
(e) Requirements Under the Mentor-Protege Program of the Small
Business Administration.--Section 45(b)(3) of the Small Business Act
(15 U.S.C. 657r(b)(3)) is amended by adding at the end the following
new subparagraph:
``(K) The types of assistance provided by a mentor to
assist with compliance with the requirements of contracting
with the Federal Government after award of a contract or
subcontract under this section.''.
SEC. 1814. IMPROVING EDUCATION ON SMALL BUSINESS REGULATIONS.
(a) Regulatory Changes and Training Materials.--Section 15 of the
Small Business Act (15 U.S.C. 644), as amended by section 1813, is
further amended by adding at the end the following new subsection:
``(v) Regulatory Changes and Training Materials.--Not less than
annually, the Administrator shall provide to the Defense Acquisition
University (established under section 1746 of title 10, United States
Code), the Federal Acquisition Institute (established under section
1201 of title 41, United States Code), the individual responsible for
mandatory training and education of the acquisition workforce of each
agency (described under section 1703(f)(1)(C) of title 41, United
States Code), small business development centers, and entities
participating in the Procurement Technical Assistance Cooperative
Agreement Program under chapter 142 of title 10, United States Code--
``(1) a list of all changes made in the prior year to
regulations promulgated--
``(A) by the Administrator that affect Federal acquisition;
and
``(B) by the Federal Acquisition Council that implement
amendments to this Act; and
``(2) any materials the Administrator has developed that
explain, train, or assist Federal agencies or departments or small
business concerns with compliance with the regulations described in
paragraph (1).''.
(b) Training To Be Updated.--After receipt of information from the
Administrator of the Small Business Administration pursuant to section
15(v) of the Small Business Act, the Defense Acquisition University
(established under section 1746 of title 10, United States Code) and
the Federal Acquisition Institute (established under section 1201 of
title 41, United States Code) shall periodically update the training
provided to the acquisition workforce to incorporate such information.

Subtitle C--Strengthening Opportunities for Competition in
Subcontracting

SEC. 1821. GOOD FAITH IN SUBCONTRACTING.
(a) Transparency in Subcontracting Goals.--Section 8(d)(9) of the
Small Business Act (15 U.S.C. 637(d)(9)) is amended--
(1) by striking ``(9) The failure'' and inserting the
following:
``(9) Material breach.--The failure'';
(2) in subparagraph (A), by striking ``or'' at the end;
(3) in subparagraph (B), by inserting ``or'' at the end;
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) assurances provided under paragraph (6)(E),''; and
(5) by moving the margins of subparagraphs (A) and (B), and the
matter after subparagraph (C) (as inserted by paragraph (4)), 2 ems
to the right.
(b) Review of Subcontracting Plans.--Section 15(k) of the Small
Business Act (15 U.S.C. 644(k)) as amended by this Act, is further
amended by inserting after paragraph (19) (as inserted by section 1813
of this Act) the following new paragraph:
``(20) shall review all subcontracting plans required by
paragraph (4) or (5) of section 8(d) to ensure that the plan
provides maximum practicable opportunity for small business
concerns to participate in the performance of the contract to which
the plan applies.''.
(c) Good Faith Compliance.--Not later than 270 days after the date
of enactment of this title, the Administrator of the Small Business
Administration shall provide examples of activities that would be
considered a failure to make a good faith effort to comply with the
requirements imposed on an entity (other than a small business concern
as defined under section 3 of the Small Business Act (15 U.S.C. 632))
that is awarded a prime contract containing the clauses required under
paragraph (4) or (5) of section 8(d) of the Small Business Act (15
U.S.C. 637(d)).
SEC. 1822. PILOT PROGRAM TO PROVIDE OPPORTUNITIES FOR QUALIFIED
SUBCONTRACTORS TO OBTAIN PAST PERFORMANCE RATINGS.
Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is
amended by adding at the end the following new paragraph:
``(17) Pilot Program Providing Past Performance Ratings for Other
Small Business Subcontractors.--
``(A) Establishment.--The Administrator shall establish a pilot
program for a small business concern without a past performance
rating as a prime contractor performing as a first tier
subcontractor for a covered contract (as defined in paragraph
13(A)) to request a past performance rating in the system used by
the Federal Government to monitor or record contractor past
performance.
``(B) Application.--A small business concern described in
subparagraph (A) shall submit an application to the appropriate
official for a past performance rating no later than 270 days after
the small business concern completed the work for which it seeks a
past performance rating or 180 days after the prime contractor
completes work on the covered contract, whichever is earlier. Such
application shall include written evidence of the past performance
factors for which the small business concern seeks a rating and a
suggested rating.
``(C) Determination.--The appropriate official shall submit the
application from the small business concern to the Office of Small
and Disadvantaged Business Utilization for the covered contract and
to the prime contractor for review. The Office of Small and
Disadvantaged Business Utilization and the prime contractor shall,
not later than 30 days after receipt of the application, submit to
the appropriate official a response regarding the application.
``(i) Agreement on rating.--If the Office of Small and
Disadvantaged Business Utilization and the prime contractor
agree on a past performance rating, or if either the Office of
Small and Disadvantaged Business Utilization or the prime
contractor fail to respond and the responding person agrees
with the rating of the applicant small business concern, the
appropriate official shall enter the agreed-upon past
performance rating in the system described in subparagraph (A).
``(ii) Disagreement on rating.--If the Office of Small and
Disadvantaged Business Utilization and the prime contractor
fail to respond within 30 days or if they disagree about the
rating, or if either the Office of Small and Disadvantaged
Business Utilization or the prime contractor fail to respond
and the responding person disagrees with the rating of the
applicant small business concern, the Office of Small and
Disadvantaged Business Utilization or the prime contractor
shall submit a notice contesting the application to the
appropriate official. The appropriate official shall follow the
requirements of subparagraph (D).
``(D) Procedure for rating.--Not later than 14 calendar days
after receipt of a notice under subparagraph (C)(ii), the
appropriate official shall submit such notice to the applicant
small business concern. Such concern may submit comments,
rebuttals, or additional information relating to the past
performance of such concern not later 14 calendar days after
receipt of such notice. The appropriate official shall enter into
the system described in subparagraph (A) a rating that is neither
favorable nor unfavorable along with the initial application from
such concern, any responses of the Office of Small and
Disadvantaged Business Utilization and the prime contractor, and
any additional information provided by such concern. A copy of the
information submitted shall be provided to the contracting officer
(or designee of such officer) for the covered contract.
``(E) Use of information.--A small business subcontractor may
use a past performance rating given under this paragraph to
establish its past performance for a prime contract.
``(F) Duration.--The pilot program established under this
paragraph shall terminate 3 years after the date on which the first
applicant small business concern receives a past performance rating
for performance as a first tier subcontractor.
``(G) Report.--The Comptroller General of the United States
shall begin an assessment of the pilot program 1 year after the
establishment of such program. Not later than 6 months after
beginning such assessment, the Comptroller General shall submit a
report to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives, which shall include--
``(i) the number of small business concerns that have
received past performance ratings under the pilot program;
``(ii) the number of applications in which the contracting
officer (or designee) or the prime contractor contested the
application of the small business concern;
``(iii) any suggestions or recommendations the Comptroller
General or the small business concerns participating in the
program have to address disputes between the small business
concern, the contracting officer (or designee), and the prime
contractor on past performance ratings;
``(iv) the number of small business concerns awarded prime
contracts after receiving a past performance rating under this
pilot program; and
``(v) any suggestions or recommendation the Comptroller
General has to improve the operation of the pilot program.
``(H) Appropriate official defined.--In this paragraph, the
term `appropriate official' means--
``(i) a commercial market representative;
``(ii) another individual designated by the senior official
appointed by the Administrator with responsibilities under
sections 8, 15, 31, and 36; or
``(iii) the Office of Small and Disadvantaged Business
Utilization of a Federal agency, if the head of the Federal
agency and the Administrator agree.''.
SEC. 1823. AMENDMENTS TO THE MENTOR-PROTEGE PROGRAM OF THE DEPARTMENT
OF DEFENSE.
Section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1607; 10 U.S.C. 2302 note) is
amended--
(1) by amending subsection (d) to read as follows:
``(d) Mentor Firm Eligibility.--
``(1) Subject to subsection (c)(1), a mentor firm may enter
into an agreement with one or more protege firms under subsection
(e) and provide assistance under the program pursuant to that
agreement if the mentor firm--
``(A) is eligible for award of Federal contracts; and
``(B) demonstrates that it--
``(i) is qualified to provide assistance that will
contribute to the purpose of the program;
``(ii) is of good financial health and character and
does not appear on a Federal list of debarred or suspended
contractors; and
``(iii) can impart value to a protege firm because of
experience gained as a Department of Defense contractor or
through knowledge of general business operations and
government contracting, as demonstrated by evidence that--

``(I) during the fiscal year preceding the fiscal
year in which the mentor firm enters into the
agreement, the total amount of the Department of
Defense contracts awarded such mentor firm and the
subcontracts awarded such mentor firm under Department
of Defense contracts was equal to or greater than
$100,000,000; or
``(II) the mentor firm demonstrates the capability
to assist in the development of protege firms, and is
approved by the Secretary of Defense pursuant to
criteria specified in the regulations prescribed
pursuant to subsection (k).

``(2) A mentor firm may not enter into an agreement with a
protege firm if the Administrator of the Small Business
Administration has made a determination finding affiliation between
the mentor firm and the protege firm.
``(3) If the Administrator of the Small Business Administration
has not made such a determination and if the Secretary has reason
to believe (based on the regulations promulgated by the
Administrator regarding affiliation) that the mentor firm is
affiliated with the protege firm, the Secretary shall request a
determination regarding affiliation from the Administrator of the
Small Business Administration.'';
(2) in subsection (n), by amending paragraph (9) to read as
follows:
``(9) The term `affiliation', with respect to a relationship
between a mentor firm and a protege firm, means a relationship
described under section 121.103 of title 13, Code of Federal
Regulations (or any successor regulation).''; and
(3) in subsection (f)(6)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(D) women's business centers described in section 29 of
the Small Business Act (15 U.S.C. 656).''.

Subtitle D--Miscellaneous Provisions

SEC. 1831. IMPROVEMENTS TO SIZE STANDARDS FOR SMALL AGRICULTURAL
PRODUCERS.
(a) Amendment to Definition of Agricultural Enterprises.--Paragraph
(1) of section 18(b) of the Small Business Act (15 U.S.C. 647(b)(1)) is
amended by striking ``businesses'' and inserting ``small business
concerns''.
(b) Equal Treatment of Small Farms.--Paragraph (1) of section 3(a)
of the Small Business Act (15 U.S.C. 632(a)(1)) is amended by striking
``operation: Provided,'' and all that follows through the period at the
end and inserting ``operation.''.
(c) Updated Size Standards.--Size standards established for
agricultural enterprises under section 3(a) of the Small Business Act
(15 U.S.C. 632(a)) shall be subject to the rolling review procedures
established under section 1344(a) of the Small Business Jobs Act of
2010 (15 U.S.C. 632 note).
SEC. 1832. UNIFORMITY IN SERVICE-DISABLED VETERAN DEFINITIONS.
(a) Small Business Definition of Small Business Concern
Consolidated.--Section 3(q) of the Small Business Act (15 U.S.C.
632(q)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Small business concern owned and controlled by service-
disabled veterans.--The term `small business concern owned and
controlled by service-disabled veterans' means any of the
following:
``(A) A small business concern--
``(i) not less than 51 percent of which is owned by one
or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the
stock (not including any stock owned by an ESOP) of which
is owned by one or more service-disabled veterans; and
``(ii) the management and daily business operations of
which are controlled by one or more service-disabled
veterans or, in the case of a veteran with permanent and
severe disability, the spouse or permanent caregiver of
such veteran.
``(B) A small business concern--
``(i) not less than 51 percent of which is owned by one
or more service-disabled veterans with a disability that is
rated by the Secretary of Veterans Affairs as a permanent
and total disability who are unable to manage the daily
business operations of such concern; or
``(ii) in the case of a publicly owned business, not
less than 51 percent of the stock (not including any stock
owned by an ESOP) of which is owned by one or more such
veterans.
``(C)(i) During the time period described in clause (ii), a
small business concern that was a small business concern
described in subparagraph (A) or (B) immediately prior to the
death of a service-disabled veteran who was the owner of the
concern, the death of whom causes the concern to be less than
51 percent owned by one or more service-disabled veterans, if--
``(I) the surviving spouse of the deceased veteran
acquires such veteran's ownership interest in such concern;
``(II) such veteran had a service-connected disability
(as defined in section 101(16) of title 38, United States
Code) rated as 100 percent disabling under the laws
administered by the Secretary of Veterans Affairs or such
veteran died as a result of a service-connected disability;
and
``(III) immediately prior to the death of such veteran,
and during the period described in clause (ii), the small
business concern is included in the database described in
section 8127(f) of title 38, United States Code.
``(ii) The time period described in this clause is the time
period beginning on the date of the veteran's death and ending
on the earlier of--
``(I) the date on which the surviving spouse remarries;
``(II) the date on which the surviving spouse
relinquishes an ownership interest in the small business
concern; or
``(III) the date that is 10 years after the date of the
death of the veteran.''; and
(2) by adding at the end the following new paragraphs:
``(6) ESOP.--The term `ESOP' has the meaning given the term
`employee stock ownership plan' in section 4975(e)(7) of the
Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)).
``(7) Surviving spouse.--The term `surviving spouse' has the
meaning given such term in section 101(3) of title 38, United
States Code.''.
(b) Veterans Affairs Definition of Small Business Concern
Consolidated.--
(1) In general.--Section 8127 of title 38, United States Code,
is amended--
(A) by striking subsection (h) and redesignating
subsections (i) through (l) as subsections (h) through (k),
respectively; and
(B) in subsection (k), as so redesignated--
(i) by amending paragraph (2) to read as follows:
``(2) The term `small business concern owned and controlled by
veterans' has the meaning given that term under section 3(q)(3) of
the Small Business Act (15 U.S.C. 632(q)(3)).''; and
(ii) by adding at the end the following new paragraph:
``(3) The term `small business concern owned and controlled by
veterans with service-connected disabilities' has the meaning given
the term `small business concern owned and controlled by service-
disabled veterans' under section 3(q)(2) of the Small Business Act
(15 U.S.C. 632(q)(2)).''.
(2) Conforming amendments.--Such section is further amended--
(A) in subsection (b), by inserting ``or a small business
concern owned and controlled by veterans with service-connected
disabilities'' after ``a small business concern owned and
controlled by veterans'';
(B) in subsection (c), by inserting ``or a small business
concern owned and controlled by veterans with service-connected
disabilities'' after ``a small business concern owned and
controlled by veterans'';
(C) in subsection (d) by inserting ``or small business
concerns owned and controlled by veterans with service-
connected disabilities'' after ``small business concerns owned
and controlled by veterans'' both places it appears; and
(D) in subsection (f)(1), by inserting ``, small business
concerns owned and controlled by veterans with service-
connected disabilities,'' after ``small business concerns owned
and controlled by veterans''.
(c) Technical Correction.--Section 8(d)(3) of the Small Business
Act (15 U.S.C. 637(d)(3)), is amended by adding at the end the
following new subparagraph:
``(H) In this contract, the term `small business concern owned
and controlled by service-disabled veterans' has the meaning given
that term in section 3(q).''.
(d) Regulations Relating to Database of the Secretary of Veterans
Affairs.--
(1) Requirement to use certain small business administration
regulations.--Section 8127(f)(4) of title 38, United States Code,
is amended by striking ``verified'' and inserting ``verified, using
regulations issued by the Administrator of the Small Business
Administration with respect to the status of the concern as a small
business concern and the ownership and control of such concern,''.
(2) Prohibition on secretary of veterans affairs issuing
certain regulations.--Section 8127(f) of title 38, United States
Code, is amended by adding at the end the following new paragraph:
``(7) The Secretary may not issue regulations related to the status
of a concern as a small business concern and the ownership and control
of such small business concern.''.
(e) Delayed Effective Date.--The amendments made by subsections
(a), (b), (c), and (d) shall take effect on the date on which the
Administrator of the Small Business Administration and the Secretary of
Veterans Affairs jointly issue regulations implementing such sections.
(f) Appeals of Inclusion in Database.--
(1) In general.--Section 8127(f) of title 38, United States
Code, as amended by this section, is further amended by adding at
the end the following new paragraph:
``(8)(A) If a small business concern is not included in the
database because the Secretary does not verify the status of the
concern as a small business concern or the ownership or control of the
concern, the concern may appeal the denial of verification to the
Office of Hearings and Appeals of the Small Business Administration (as
established under section 5(i) of the Small Business Act). The decision
of the Office of Hearings and Appeals shall be considered a final
agency action.
``(B)(i) If an interested party challenges the inclusion in the
database of a small business concern owned and controlled by veterans
or a small business concern owned and controlled by veterans with
service-connected disabilities based on the status of the concern as a
small business concern or the ownership or control of the concern, the
challenge shall be heard by the Office of Hearings and Appeals of the
Small Business Administration as described in subparagraph (A). The
decision of the Office of Hearings and Appeals shall be considered
final agency action.
``(ii) In this subparagraph, the term `interested party' means--
``(I) the Secretary; or
``(II) in the case of a small business concern that is awarded
a contract, the contracting officer of the Department or another
small business concern that submitted an offer for the contract
that was awarded to the small business concern that is the subject
of a challenge made under clause (i).
``(C) For each fiscal year, the Secretary shall reimburse the
Administrator of the Small Business Administration in an amount
necessary to cover any cost incurred by the Office of Hearings and
Appeals of the Small Business Administration for actions taken by the
Office under this paragraph. The Administrator is authorized to accept
such reimbursement. The amount of any such reimbursement shall be
determined jointly by the Secretary and the Administrator and shall be
provided from fees collected by the Secretary under multiple-award
schedule contracts. Any disagreement about the amount shall be resolved
by the Director of the Office of Management and Budget.''.
(2) Effective date.--Paragraph (8) of subsection (f) of title
38, United States Code, as added by paragraph (1), shall apply with
respect to a verification decision made by the Secretary of
Veterans Affairs on or after the date of the enactment of this Act.
SEC. 1833. OFFICE OF HEARINGS AND APPEALS.
(a) Clarification as to Jurisdiction.--Section 5(i)(1)(B) of the
Small Business Act (15 U.S.C. 634(i)(1)(B)) is amended to read as
follows:
``(B) Jurisdiction.--
``(i) In general.--Except as provided in clause (ii),
the Office of Hearings and Appeals shall hear appeals of
agency actions under or pursuant to this Act, the Small
Business Investment Act of 1958 (15 U.S.C. 661 et seq.),
and title 13 of the Code of Federal Regulations, and shall
hear such other matters as the Administrator may determine
appropriate.
``(ii) Exception.--The Office of Hearings and Appeals
shall not adjudicate disputes that require a hearing on the
record, except disputes pertaining to the small business
programs described in this Act.''.
(b) New Rules or Guidance for Petitions for Reconsideration.--
Section 3(a)(9) of the Small Business Act (15 U.S.C. 632(a)(9)) is
amended by adding at the end the following new subparagraph:
``(E) Rules or guidance.--The Office of Hearings and
Appeals shall begin accepting petitions for reconsideration
described in subparagraph (A) after the date on which the
Administration issues a rule or other guidance implementing
this paragraph. Notwithstanding the provisions of subparagraph
(B), petitions for reconsideration of size standards revised,
modified, or established in a Federal Register final rule
published between November 25, 2015, and the effective date of
such rule or other guidance shall be considered timely if filed
within 30 days of such effective date.''.
SEC. 1834. EXTENSION OF SBIR AND STTR PROGRAMS.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ``September 30, 2017'' and inserting
``September 30, 2022''.
(b) STTR.--Section 9(n)(1) of the Small Business Act (15 U.S.C.
638(n)(1)) is amended by striking ``fiscal year 2017'' and inserting
``fiscal year 2022''.
SEC. 1835. ISSUANCE OF GUIDANCE ON SMALL BUSINESS MATTERS.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Small Business Administration and the
Secretary of Veterans Affairs shall issue guidance pertaining to the
amendments made by this title to the Small Business Act and section
8127 of title 38, United States Code. The Administrator and the
Secretary shall provide notice and opportunity for comment on such
guidance for a period of not less than 60 days.

Subtitle E--Improving Cyber Preparedness for Small Businesses

SEC. 1841. SMALL BUSINESS DEVELOPMENT CENTER CYBER STRATEGY AND
OUTREACH.
(a) Small Business Development Center Cyber Strategy.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Small Business
Administration and the Secretary of Homeland Security shall work
collaboratively to develop a cyber strategy for small business
development centers to be known as the ``Small Business Development
Center Cyber Strategy''.
(2) Consultation.--In developing the strategy under this
subsection, the Administrator of the Small Business Administration
and the Secretary of Homeland Security shall consult with entities
representing the concerns of small business development centers,
including any association recognized under section 21(a)(3)(A) of
the Small Business Act (15 U.S.C. 648(a)(3)(A)).
(3) Content.--The strategy required under paragraph (1) shall
include, at minimum, the following:
(A) Plans for allowing small business development centers
(hereinafter in this paragraph referred to as ``SBDCs'') to
access existing cyber programs of the Department of Homeland
Security and other appropriate Federal agencies to enhance
services and streamline cyber assistance to small business
concerns.
(B) To the extent practicable, methods for providing
counsel and assistance to improve a small business concern's
cybersecurity infrastructure, awareness of cyber threat
indicators, and cyber training programs for employees,
including--
(i) working to ensure individuals are aware of best
practices in the areas of cybersecurity, awareness of cyber
threat indicators, and cyber training;
(ii) working with individuals to develop cost-effective
plans for implementing best practices in these areas;
(iii) entering into agreements, where practical, with
Information Sharing and Analysis Centers or similar
entities that share cyber information to gain an awareness
of actionable cyber threat indicators that may be
beneficial to small business concerns; and
(iv) providing referrals to area specialists when
necessary.
(C) An analysis of--
(i) how Federal Government programs, projects, and
activities can be leveraged by SBDCs to improve access to
high-quality cyber support for small business concerns;
(ii) additional resources SBDCs may need to effectively
carry out their role; and
(iii) how SBDCs can leverage existing partnerships and
develop new partnerships with Federal, State, and local
government entities as well as private entities to improve
the quality of cyber support services to small business
concerns.
(4) Delivery of strategy.--Not later than 1 year after the date
of the enactment of this Act, the Small Business Administrator and
the Secretary of Homeland Security shall submit to the Committees
on Homeland Security and Small Business of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs and Small Business and Entrepreneurship of the
Senate the Small Business Development Center Cyber Strategy
developed under paragraph (1).
(5) Definitions.--In this subsection, the following definitions
shall apply:
(A) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section 227(a)
of the Homeland Security Act of 2002 (6 U.S.C. 148(a)).
(B) Small business development center.--The term ``small
business development center'' has the meaning given such term
in section 3 of the Small Business Act (15 U.S.C. 632).
(b) Cybersecurity Outreach for Small Business Development
Centers.--Section 227 of the Homeland Security Act of 2002 (6 U.S.C.
148) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection:
``(l) Cybersecurity Outreach.--
``(1) In general.--The Secretary may leverage small business
development centers to provide assistance to small business
concerns by disseminating information on cyber threat indicators,
defense measures, cybersecurity risks, incidents, analyses, and
warnings to help small business concerns in developing or enhancing
cybersecurity infrastructure, awareness of cyber threat indicators,
and cyber training programs for employees.
``(2) Definitions.--For purposes of this subsection, the terms
`small business concern' and `small business development center'
have the meaning given such terms, respectively, under section 3 of
the Small Business Act.''.
SEC. 1842. ROLE OF SMALL BUSINESS DEVELOPMENT CENTERS IN CYBERSECURITY
AND PREPAREDNESS.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended--
(1) in subsection (a)(1), by striking ``and providing access to
business analysts who can refer small business concerns to
available experts:'' and inserting ``providing access to business
analysts who can refer small business concerns to available
experts; and, to the extent practicable, providing assistance in
furtherance of the Small Business Development Center Cyber Strategy
developed under section 1841(a) of the National Defense
Authorization Act for Fiscal Year 2017:''; and
(2) in subsection (c)(2)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end of the following new subparagraph:
``(G) access to cybersecurity specialists to counsel, assist,
and inform small business concern clients, in furtherance of the
Small Business Development Center Cyber Strategy developed under
section 1841(a) of the National Defense Authorization Act for
Fiscal Year 2017.''.
SEC. 1843. ADDITIONAL CYBERSECURITY ASSISTANCE FOR SMALL BUSINESS
DEVELOPMENT CENTERS.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is
amended by adding at the end the following new paragraph:
``(8) Cybersecurity assistance.--
``(A) In general.--The Department of Homeland Security, and
any other Federal department or agency in coordination with the
Department of Homeland Security, may leverage small business
development centers to provide assistance to small business
concerns by disseminating information relating to cybersecurity
risks and other homeland security matters to help small
business concerns in developing or enhancing cybersecurity
infrastructure, awareness of cyber threat indicators, and cyber
training programs for employees.
``(B) Definitions.--In this paragraph, the terms
`cybersecurity risk' and `cyber threat indicator' have the
meanings given such terms, respectively, under section 227(a)
of the Homeland Security Act of 2002 (6 U.S.C. 148(a)).''.
SEC. 1844. PROHIBITION ON ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to carry out
sections 1841 through 1843 or the amendments made by such sections.

TITLE XIX--DEPARTMENT OF HOMELAND SECURITY COORDINATION

Sec. 1901. Department of Homeland Security coordination.
Sec. 1902. Office of Strategy, Policy, and Plans of the Department of
Homeland Security.
Sec. 1903. Management and execution.
Sec. 1904. Chief Human Capital Officer of the Department of Homeland
Security.
Sec. 1905. Department of Homeland Security transparency.
Sec. 1906. Transparency in research and development.
Sec. 1907. United States Government review of certain foreign fighters.
Sec. 1908. National strategy to combat terrorist travel.
Sec. 1909. National Operations Center.
Sec. 1910. Department of Homeland Security strategy for international
programs.
Sec. 1911. State and high-risk urban area working groups.
Sec. 1912. Cybersecurity strategy for the Department of Homeland
Security.
Sec. 1913. EMP and GMD planning, research and development, and
protection and preparedness.
SEC. 1901. DEPARTMENT OF HOMELAND SECURITY COORDINATION.
(a) In General.--Subsection (d) of section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113) is amended by adding at the end the
following new paragraph:
``(5) Any Director of a Joint Task Force under section 708.''.
(b) Joint Task Forces.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 708. JOINT TASK FORCES.
``(a) Definition.--In this section, the term `situational
awareness' means knowledge and unified understanding of unlawful cross-
border activity, including--
``(1) threats and trends concerning illicit trafficking and
unlawful crossings;
``(2) the ability to forecast future shifts in such threats and
trends;
``(3) the ability to evaluate such threats and trends at a
level sufficient to create actionable plans; and
``(4) the operational capability to conduct continuous and
integrated surveillance of the air, land, and maritime borders of
the United States.
``(b) Joint Task Forces.--
``(1) Establishment.--The Secretary may establish and operate
departmental Joint Task Forces to conduct joint operations using
personnel and capabilities of the Department for the purposes
specified in paragraph (2).
``(2) Purposes.--
``(A) In general.--Subject to subparagraph (B), the
purposes referred to in paragraph (1) are or relate to the
following:
``(i) Securing the land and maritime borders of the
United States.
``(ii) Homeland security crises.
``(iii) Establishing regionally-based operations.
``(B) Limitation.--
``(i) In general.--The Secretary may not establish a
Joint Task Force for any major disaster or emergency
declared under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or an
incident for which the Federal Emergency Management Agency
has primary responsibility for management of the response
under title V of this Act, including section 504(a)(3)(A),
unless the responsibilities of such a Joint Task Force--

``(I) do not include operational functions related
to incident management, including coordination of
operations; and
``(II) are consistent with the requirements of
paragraphs (3) and (4)(A) of section 503(c) and section
509(c) of this Act, and section 302 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5143).

``(ii) Responsibilities and functions not reduced.--
Nothing in this section may be construed to reduce the
responsibilities or functions of the Federal Emergency
Management Agency or the Administrator of the Agency under
title V of this Act or any other provision of law,
including the diversion of any asset, function, or mission
from the Agency or the Administrator of the Agency pursuant
to section 506.
``(3) Joint task force directors.--
``(A) Director.--Each Joint Task Force established and
operated pursuant to paragraph (1) shall be headed by a
Director, appointed by the President, for a term of not more
than two years. The Secretary shall submit to the President
recommendations for such appointments after consulting with the
heads of the components of the Department with membership on
any such Joint Task Force. Any Director appointed by the
President shall be--
``(i) a current senior official of the Department with
not less than one year of significant leadership experience
at the Department; or
``(ii) if no suitable candidate is available at the
Department, an individual with--

``(I) not less than one year of significant
leadership experience in a Federal agency since the
establishment of the Department; and
``(II) a demonstrated ability in, knowledge of, and
significant experience working on the issues to be
addressed by any such Joint Task Force.

``(B) Extension.--The Secretary may extend the appointment
of a Director of a Joint Task Force under subparagraph (A) for
not more than two years if the Secretary determines that such
an extension is in the best interest of the Department.
``(4) Joint task force deputy directors.--For each Joint Task
Force, the Secretary shall appoint a Deputy Director who shall be
an official of a different component or office of the Department
than the Director of such Joint Task Force.
``(5) Responsibilities.--The Director of a Joint Task Force,
subject to the oversight, direction, and guidance of the Secretary,
shall--
``(A) when established for the purpose referred to in
paragraph (2)(A)(i), maintain situational awareness within the
areas of responsibility of the Joint Task Force, as determined
by the Secretary;
``(B) provide operational plans and requirements for
standard operating procedures and contingency operations within
the areas of responsibility of the Joint Task Force, as
determined by the Secretary;
``(C) plan and execute joint task force activities within
the areas of responsibility of the Joint Task Force, as
determined by the Secretary;
``(D) set and accomplish strategic objectives through
integrated operational planning and execution;
``(E) exercise operational direction over personnel and
equipment from components and offices of the Department
allocated to the Joint Task Force to accomplish the objectives
of the Joint Task Force;
``(F) when established for the purpose referred to in
paragraph (2)(A)(i), establish operational and investigative
priorities within the areas of responsibility of the Joint Task
Force, as determined by the Secretary;
``(G) coordinate with foreign governments and other
Federal, State, and local agencies, as appropriate, to carry
out the mission of the Joint Task Force; and
``(H) carry out other duties and powers the Secretary
determines appropriate.
``(6) Personnel and resources.--
``(A) In general.--The Secretary may, upon request of the
Director of a Joint Task Force, and giving appropriate
consideration of risk to the other primary missions of the
Department, allocate to such Joint Task Force on a temporary
basis personnel and equipment of components and offices of the
Department.
``(B) Cost neutrality.--A Joint Task Force may not require
more resources than would have otherwise been required by the
Department to carry out the duties assigned to such Joint Task
Force if such Joint Task Force had not been established.
``(C) Location of operations.--In establishing a location
of operations for a Joint Task Force, the Secretary shall, to
the extent practicable, use existing facilities that integrate
efforts of components of the Department and State, local,
tribal, or territorial law enforcement or military entities.
``(D) Consideration of impact.--When reviewing requests for
allocation of component personnel and equipment under
subparagraph (A), the Secretary shall consider the impact of
such allocation on the ability of the donating component or
office to carry out the primary missions of the Department, and
in the case of the Coast Guard, the missions specified in
section 888.
``(E) Limitation.--Personnel and equipment of the Coast
Guard allocated under this paragraph may be used only to carry
out operations and investigations related to the missions
specified in section 888.
``(F) Report.--The Secretary shall, at the time the budget
of the President is submitted to Congress for a fiscal year
under section 1105(a) of title 31, United States Code, submit
to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report on the total funding,
personnel, and other resources that each component or office of
the Department allocated under this paragraph to each Joint
Task Force to carry out the mission of such Joint Task Force
during the fiscal year immediately preceding each such report,
and a description of the degree to which the resources drawn
from each component or office impact the primary mission of
such component or office.
``(7) Component resource authority.--As directed by the
Secretary--
``(A) each Director of a Joint Task Force shall be provided
sufficient resources from relevant components and offices of
the Department and the authority necessary to carry out the
missions and responsibilities of such Joint Task Force required
under this section;
``(B) the resources referred to in subparagraph (A) shall
be under the operational authority, direction, and control of
the Director of the Joint Task Force to which such resources
are assigned; and
``(C) the personnel and equipment of each Joint Task Force
shall remain under the administrative direction of the head of
the component or office of the Department that provided such
personnel or equipment.
``(8) Joint task force staff.--Each Joint Task Force shall have
a staff, composed of officials from relevant components and offices
of the Department, to assist the Director of such Joint Task Force
in carrying out the mission and responsibilities of such Joint Task
Force.
``(9) Establishment of performance metrics.--The Secretary
shall--
``(A) establish outcome-based and other appropriate
performance metrics to evaluate the effectiveness of each Joint
Task Force;
``(B) not later than 120 days after the date of the
enactment of this section and 120 days after the establishment
of a new Joint Task Force, as appropriate, submit to the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate the metrics established under
subparagraph (A).
``(C) not later than January 31 of each year beginning in
2017, submit to each committee specified in subparagraph (B) a
report that contains the evaluation described in subparagraph
(A).
``(10) Joint duty training program.--
``(A) In general.--The Secretary shall--
``(i) establish a joint duty training program in the
Department for the purposes of--

``(I) enhancing coordination within the Department;
and
``(II) promoting workforce professional
development; and

``(ii) tailor such joint duty training program to
improve joint operations as part of the Joint Task Forces.
``(B) Elements.--The joint duty training program
established under subparagraph (A) shall address, at a minimum,
the following topics:
``(i) National security strategy.
``(ii) Strategic and contingency planning.
``(iii) Command and control of operations under joint
command.
``(iv) International engagement.
``(v) The homeland security enterprise.
``(vi) Interagency collaboration.
``(vii) Leadership.
``(viii) Specific subject matters relevant to the Joint
Task Force, including matters relating to the missions
specified in section 888, to which the joint duty training
program is assigned.
``(C) Training required.--
``(i) Directors and deputy directors.--Except as
provided in clauses (iii) and (iv), an individual shall
complete the joint duty training program before being
appointed Director or Deputy Director of a Joint Task
Force.
``(ii) Joint task force staff.--Each official serving
on the staff of a Joint Task Force shall complete the joint
duty training program within the first year of assignment
to such Joint Task Force.
``(iii) Exception.--Clause (i) shall not apply to the
first Director or Deputy Director appointed to a Joint Task
Force on or after the date of the enactment of this
section.
``(iv) Waiver.--The Secretary may waive the application
of clause (i) if the Secretary determines that such a
waiver is in the interest of homeland security or necessary
to carry out the mission for which a Joint Task Force was
established.
``(11) Notification of joint task force formation.--
``(A) In general.--Not later than 90 days before
establishing a Joint Task Force under this subsection, the
Secretary shall submit to the majority leader of the Senate,
the minority leader of the Senate, the Speaker of the House of
Representatives, the majority leader of the House of
Representatives, the minority leader of the House of
Representatives, and the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a notification regarding such
establishment.
``(B) Waiver authority.--The Secretary may waive the
requirement under subparagraph (A) in the event of an emergency
circumstance that imminently threatens the protection of human
life or property.
``(12) Review.--
``(A) In general.--Not later than January 31, 2018, and
January 31, 2021, the Inspector General of the Department shall
submit to the Committee on Homeland Security and the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a review of the Joint Task
Forces established under this subsection.
``(B) Contents.--The reviews required under subparagraph
(A) shall include--
``(i) an assessment of the effectiveness of the
structure of each Joint Task Force; and
``(ii) recommendations for enhancements to such
structure to strengthen the effectiveness of each Joint
Task Force.
``(13) Sunset.--This section expires on September 30, 2022.
``(c) Joint Duty Assignment Program.--After establishing the joint
duty training program under subsection (b)(10), the Secretary shall
establish a joint duty assignment program within the Department for the
purposes of enhancing coordination in the Department and promoting
workforce professional development.''.
(c) Transition.--An individual serving as a Director of a Joint
Task Force of the Department of Homeland Security in existence on the
day before the date of the enactment of this section may serve as the
Director of such Joint Task Force on and after such date of enactment
until a Director of such Joint Task Force is appointed pursuant to
subparagraph (A) of section 708(b)(3), as added by subsection (a) of
this section.
(d) Conforming Amendments.--The Homeland Security Act of 2002 is
amended--
(1) in subsection (c) of section 506 (6 U.S.C. 316)--
(A) in paragraph (1), by inserting ``, including through a
Joint Task Force established under section 708,'' after
``reduce''; and
(B) in paragraph (2), by inserting ``including a Joint Task
Force established under section 708,'' after ``Department,'';
and
(2) in paragraph (2) of section 509(c) (6 U.S.C. 319)--
(A) in the paragraph heading, by inserting ``; joint task
force'' after ``Official''; and
(B) in the matter preceding subparagraph (A), by inserting
``or Director of a Joint Task Force established under section
708'' before ``shall''.
(e) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 707 the following new item:

``Sec. 708. Joint Task Forces.''.
SEC. 1902. OFFICE OF STRATEGY, POLICY, AND PLANS OF THE DEPARTMENT OF
HOMELAND SECURITY.
(a) Office of Strategy, Policy, and Plans.--Title VII of the
Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by
section 1901 of this title, is further amended by adding at the end the
following new section:
``SEC. 709. OFFICE OF STRATEGY, POLICY, AND PLANS.
``(a) In General.--There is established in the Department an Office
of Strategy, Policy, and Plans.
``(b) Head of Office.--The Office of Strategy, Policy, and Plans
shall be headed by an Under Secretary for Strategy, Policy, and Plans,
who shall serve as the principal policy advisor to the Secretary. The
Under Secretary for Strategy, Policy, and Plans shall be appointed by
the President, by and with the advice and consent of the Senate.
``(c) Functions.--The Under Secretary for Strategy, Policy, and
Plans shall--
``(1) lead, conduct, and coordinate Department-wide policy
development and implementation and strategic planning;
``(2) develop and coordinate policies to promote and ensure
quality, consistency, and integration for the programs, components,
offices, and activities across the Department;
``(3) develop and coordinate strategic plans and long-term
goals of the Department with risk-based analysis and planning to
improve operational mission effectiveness, including consultation
with the Secretary regarding the quadrennial homeland security
review under section 707;
``(4) manage Department leadership councils and provide
analytics and support to such councils;
``(5) manage international coordination and engagement for the
Department;
``(6) review and incorporate, as appropriate, external
stakeholder feedback into Department policy; and
``(7) carry out such other responsibilities as the Secretary
determines appropriate.
``(d) Deputy Under Secretary.--
``(1) In general.--The Secretary may--
``(A) establish within the Office of Strategy, Policy, and
Plans a position of Deputy Under Secretary to support the Under
Secretary for Strategy, Policy, and Plans in carrying out the
Under Secretary's responsibilities; and
``(B) appoint a career employee to such position.
``(2) Limitation on establishment of deputy under secretary
positions.--A Deputy Under Secretary position (or any substantially
similar position) within the Office of Strategy, Policy, and Plans
may not be established except for the position provided for by
paragraph (1), unless the Secretary receives prior authorization
from Congress.
``(3) Definitions.--For purposes of paragraph (1)--
``(A) the term `career employee' means any employee (as
such term is defined in section 2105 of title 5, United States
Code), but does not include a political appointee; and
``(B) the term `political appointee' means any employee who
occupies a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(e) Coordination by Department Components.--To ensure consistency
with the policy priorities of the Department, the head of each
component of the Department shall coordinate with the Office of
Strategy, Policy, and Plans in establishing or modifying policies or
strategic planning guidance with respect to each such component.
``(f) Homeland Security Statistics and Joint Analysis.--
``(1) Homeland security statistics.--The Under Secretary for
Strategy, Policy, and Plans shall--
``(A) establish standards of reliability and validity for
statistical data collected and analyzed by the Department;
``(B) be provided by the heads of all components of the
Department with statistical data maintained by the Department
regarding the operations of the Department;
``(C) conduct or oversee analysis and reporting of such
data by the Department as required by law or as directed by the
Secretary; and
``(D) ensure the accuracy of metrics and statistical data
provided to Congress.
``(2) Transfer of responsibilities.--There shall be transferred
to the Under Secretary for Strategy, Policy, and Plans the
maintenance of all immigration statistical information of U.S.
Customs and Border Protection, U.S. Immigration and Customs
Enforcement, and United States Citizenship and Immigration
Services, which shall include information and statistics of the
type contained in the publication entitled `Yearbook of Immigration
Statistics' prepared by the Office of Immigration Statistics,
including region-by-region statistics on the aggregate number of
applications and petitions filed by an alien (or filed on behalf of
an alien) and denied, and the reasons for such denials,
disaggregated by category of denial and application or petition
type.
``(g) Limitation.--Nothing in this section overrides or otherwise
affects the requirements specified in section 888.''.
(b) Conforming Amendment.--Subparagraph (B) of section 707(a)(3) of
the Homeland Security Act of 2002 (6 U.S.C. 347(a)(3)) is amended by
inserting before the semicolon the following: ``, including the Under
Secretary for Strategy, Policy, and Plans''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 , as amended by section 1901 of this
title, is further amended by inserting after the item relating to
section 708 the following new item:

``Sec. 709. Office of Strategy, Policy, and Plans.''.
SEC. 1903. MANAGEMENT AND EXECUTION.
(a) In General.--Section 103 of the Homeland Security Act of 2002
(6 U.S.C. 113) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (F), by inserting before the period at
the end the following: ``, who shall be first assistant to the
Deputy Secretary of Homeland Security for purposes of
subchapter III of chapter 33 of title 5, United States Code'';
and
(B) by adding at the end the following:
``(K) An Under Secretary for Strategy, Policy, and
Plans.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Absence, disability, or vacancy of secretary or deputy
secretary.--Notwithstanding chapter 33 of title 5, United States
Code, the Under Secretary for Management shall serve as the Acting
Secretary if by reason of absence, disability, or vacancy in
office, neither the Secretary nor Deputy Secretary is available to
exercise the duties of the Office of the Secretary.
``(2) Further order of succession.--Notwithstanding chapter 33
of title 5, United States Code, the Secretary may designate such
other officers of the Department in further order of succession to
serve as Acting Secretary.
``(3) Notification of vacancies.--The Secretary shall notify
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives of any vacancies that require notification under
sections 3345 through 3349d of title 5, United States Code
(commonly known as the `Federal Vacancies Reform Act of 1998').''.
(b) Under Secretary for Management.--Section 701 of the Homeland
Security Act of 2002 (6 U.S.C. 341) is amended--
(1) in subsection (a)--
(A) by striking paragraph (9) and inserting the following:
``(9) The management integration and transformation within each
functional management discipline of the Department, including
information technology, financial management, acquisition
management, and human capital management, to ensure an efficient
and orderly consolidation of functions and personnel in the
Department, including--
``(A) the development of centralized data sources and
connectivity of information systems to the greatest extent
practicable to enhance program visibility, transparency, and
operational effectiveness and coordination;
``(B) the development of standardized and automated
management information to manage and oversee programs and make
informed decisions to improve the efficiency of the Department;
``(C) the development of effective program management and
regular oversight mechanisms, including clear roles and
processes for program governance, sharing of best practices,
and access to timely, reliable, and evaluated data on all
acquisitions and investments; and
``(D) the overall supervision, including the conduct of
internal audits and management analyses, of the programs and
activities of the Department, including establishment of
oversight procedures to ensure a full and effective review of
the efforts by components of the Department to implement
policies and procedures of the Department for management
integration and transformation.'';
(B) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively; and
(C) by inserting after paragraph (9) the following:
``(10) The development of a transition and succession plan,
before December 1 of each year in which a Presidential election is
held, to guide the transition of Department functions to a new
Presidential administration, and making such plan available to the
next Secretary and Under Secretary for Management and to the
congressional homeland security committees.
``(11) Reporting to the Government Accountability Office every
six months to demonstrate measurable, sustainable progress made in
implementing the corrective action plans of the Department to
address the designation of the management functions of the
Department on the bi-annual high risk list of the Government
Accountability Office, until the Comptroller General of the United
States submits to the appropriate congressional committees written
notification of removal of the high-risk designation.'';
(2) by striking subsection (b) and inserting the following:
``(b) Waivers for Conducting Business With Suspended or Debarred
Contractors.--Not later than five days after the date on which the
Chief Procurement Officer or Chief Financial Officer of the Department
issues a waiver of the requirement that an agency not engage in
business with a contractor or other recipient of funds listed as a
party suspended or debarred from receiving contracts, grants, or other
types of Federal assistance in the System for Award Management
maintained by the General Services Administration, or any successor
thereto, the Under Secretary for Management shall submit to the
congressional homeland security committees and the Inspector General of
the Department notice of the waiver and an explanation of the finding
by the Under Secretary that a compelling reason exists for the
waiver.'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) System for Award Management Consultation.--The Under
Secretary for Management shall require that all Department contracting
and grant officials consult the System for Award Management (or
successor system) as maintained by the General Services Administration
prior to awarding a contract or grant or entering into other
transactions to ascertain whether the selected contractor is excluded
from receiving Federal contracts, certain subcontracts, and certain
types of Federal financial and non-financial assistance and
benefits.''.
SEC. 1904. CHIEF HUMAN CAPITAL OFFICER OF THE DEPARTMENT OF HOMELAND
SECURITY.
Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended to read as follows:
``SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
``(a) In General.--The Chief Human Capital Officer shall report
directly to the Under Secretary for Management.
``(b) Responsibilities.--In addition to the responsibilities set
forth in chapter 14 of title 5, United States Code, and other
applicable law, the Chief Human Capital Officer of the Department
shall--
``(1) develop and implement strategic workforce planning
policies that are consistent with Government-wide leading
principles and in line with Department strategic human capital
goals and priorities, taking into account the special requirements
of members of the Armed Forces serving in the Coast Guard;
``(2) develop performance measures to provide a basis for
monitoring and evaluating Department-wide strategic workforce
planning efforts;
``(3) develop, improve, and implement policies, including
compensation flexibilities available to Federal agencies where
appropriate, to recruit, hire, train, and retain the workforce of
the Department, in coordination with all components of the
Department;
``(4) identify methods for managing and overseeing human
capital programs and initiatives, in coordination with the head of
each component of the Department;
``(5) develop a career path framework and create opportunities
for leader development in coordination with all components of the
Department;
``(6) lead the efforts of the Department for managing employee
resources, including training and development opportunities, in
coordination with each component of the Department;
``(7) work to ensure the Department is implementing human
capital programs and initiatives and effectively educating each
component of the Department about these programs and initiatives;
``(8) identify and eliminate unnecessary and duplicative human
capital policies and guidance;
``(9) provide input concerning the hiring and performance of
the Chief Human Capital Officer or comparable official in each
component of the Department; and
``(10) ensure that all employees of the Department are informed
of their rights and remedies under chapters 12 and 23 of title 5,
United States Code.
``(c) Component Strategies.--
``(1) In general.--Each component of the Department shall, in
coordination with the Chief Human Capital Officer of the
Department, develop a 5-year workforce strategy for the component
that will support the goals, objectives, and performance measures
of the Department for determining the proper balance of Federal
employees and private labor resources.
``(2) Strategy requirements.--In developing the strategy
required under paragraph (1), each component shall consider the
effect on human resources associated with creating additional
Federal full-time equivalent positions, converting private
contractors to Federal employees, or relying on the private sector
for goods and services.
``(d) Annual Submission.--Not later than 90 days after the date on
which the Secretary submits the annual budget justification for the
Department, the Secretary shall submit to the congressional homeland
security committees a report that includes a table, delineated by
component with actual and enacted amounts, including--
``(1) information on the progress within the Department of
fulfilling the workforce strategies developed under subsection (c);
``(2) the number of on-board staffing for Federal employees
from the prior fiscal year;
``(3) the total contract hours submitted by each prime
contractor as part of the service contract inventory required under
section 743 of the Financial Services and General Government
Appropriations Act, 2010 (division C of Public Law 111-117; 31
U.S.C. 501 note); and
``(4) the number of full-time equivalent personnel identified
under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701
et seq.).
``(e) Limitation.--Nothing in this section overrides or otherwise
affects the requirements specified in section 888.''.
SEC. 1905. DEPARTMENT OF HOMELAND SECURITY TRANSPARENCY.
(a) Feasibility Study.--The Administrator of the Federal Emergency
Management Agency shall initiate a study to determine the feasibility
of gathering data and providing information to Congress on the use of
Federal grant awards, for expenditures of more than $5,000, by entities
that receive a Federal grant award under the Urban Area Security
Initiative and the State Homeland Security Grant Program under sections
2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and
605), respectively.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs a report on the results of the study required
under subsection (a).
SEC. 1906. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 319. TRANSPARENCY IN RESEARCH AND DEVELOPMENT.
``(a) Requirement to List Research and Development Programs.--
``(1) In general.--The Secretary shall maintain a detailed list
of the following:
``(A) Each classified and unclassified research and
development project, and all appropriate details for each such
project, including the component of the Department responsible
for each such project.
``(B) Each task order for a Federally Funded Research and
Development Center not associated with a research and
development project.
``(C) Each task order for a University-based center of
excellence not associated with a research and development
project.
``(D) The indicators developed and tracked by the Under
Secretary for Science and Technology with respect to
transitioned projects pursuant to subsection (c).
``(2) Exception for certain completed projects.--Paragraph (1)
shall not apply to a project completed or otherwise terminated
before the date of the enactment of this section.
``(3) Updates.--The list required under paragraph (1) shall be
updated as frequently as possible, but not less frequently than
once per quarter.
``(4) Research and development defined.--For purposes of the
list required under paragraph (1), the Secretary shall provide a
definition for the term `research and development'.
``(b) Requirement to Report to Congress on All Projects.--Not later
than January 1, 2017, and annually thereafter, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a classified and unclassified report, as
applicable, that lists each ongoing classified and unclassified project
at the Department, including all appropriate details of each such
project.
``(c) Indicators of Success of Transitioned Projects.--
``(1) In general.--For each project that has been transitioned
to practice from research and development, the Under Secretary for
Science and Technology shall develop and track indicators to
demonstrate the uptake of the technology or project among customers
or end-users.
``(2) Requirement.--To the fullest extent possible, the
tracking of a project required under paragraph (1) shall continue
for the three-year period beginning on the date on which such
project was transitioned to practice from research and development.
``(d) Definitions.--In this section:
``(1) All appropriate details.--The term `all appropriate
details' means, with respect to a research and development
project--
``(A) the name of such project, including both classified
and unclassified names if applicable;
``(B) the name of the component of the Department carrying
out such project;
``(C) an abstract or summary of such project;
``(D) funding levels for such project;
``(E) project duration or timeline;
``(F) the name of each contractor, grantee, or cooperative
agreement partner involved in such project;
``(G) expected objectives and milestones for such project;
and
``(H) to the maximum extent practicable, relevant
literature and patents that are associated with such project.
``(2) Classified.--The term `classified' means anything
containing--
``(A) classified national security information as defined
in section 6.1 of Executive Order 13526 (50 U.S.C. 3161 note)
or any successor order;
``(B) Restricted Data or data that was formerly Restricted
Data, as defined in section 11y. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(y));
``(C) material classified at the Sensitive Compartmented
Information (SCI) level, as defined in section 309 of the
Intelligence Authorization Act for Fiscal Year 2001 (50 U.S.C.
3345); or
``(D) information relating to a special access program, as
defined in section 6.1 of Executive Order 13526 (50 U.S.C. 3161
note) or any successor order.
``(3) Controlled unclassified information.--The term
`controlled unclassified information' means information described
as `Controlled Unclassified Information' under Executive Order
13556 (50 U.S.C. 3501 note) or any successor order.
``(4) Project.--The term `project' means a research or
development project, program, or activity administered by the
Department, whether ongoing, completed, or otherwise terminated.
``(e) Limitation.--Nothing in this section overrides or otherwise
affects the requirements specified in section 888.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 318 the following new item:

``Sec. 319. Transparency in research and development.''.
SEC. 1907. UNITED STATES GOVERNMENT REVIEW OF CERTAIN FOREIGN FIGHTERS.
(a) Review.--Not later than 30 days after the date of the enactment
of this Act, the President shall initiate a review of known instances
since 2011 in which a person has traveled or attempted to travel to a
conflict zone in Iraq or Syria from the United States to join or
provide material support or resources to a terrorist organization.
(b) Scope of Review.--The review under subsection (a) shall--
(1) include relevant unclassified and classified information
held by the United States Government related to each instance
described in subsection (a);
(2) ascertain which factors, including operational issues,
security vulnerabilities, systemic challenges, or other issues,
which may have undermined efforts to prevent the travel of persons
described in subsection (a) to a conflict zone in Iraq or Syria
from the United States, including issues related to the timely
identification of suspects, information sharing, intervention, and
interdiction; and
(3) identify lessons learned and areas that can be improved to
prevent additional travel by persons described in subsection (a) to
a conflict zone in Iraq or Syria, or other terrorist safe haven
abroad, to join or provide material support or resources to a
terrorist organization.
(c) Information Sharing.--The President shall direct the heads of
relevant Federal agencies to provide the appropriate information that
may be necessary to complete the review required under this section.
(d) Submission to Congress.--Not later than 120 days after the date
of the enactment of this Act, the President, consistent with the
protection of classified information, shall submit a report to the
majority leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, the majority leader of the
House of Representatives, the minority leader of the House of
Representatives, and the appropriate congressional committees that
includes the results of the review required under this section,
including information on travel routes of greatest concern, as
appropriate.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Foreign Relations of the Senate;
(F) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(G) the Committee on Appropriations of the Senate;
(H) the Committee on Homeland Security of the House of
Representatives;
(I) the Permanent Select Committee on Intelligence of the
House of Representatives;
(J) the Committee on the Judiciary of the House of
Representatives;
(K) the Committee on Armed Services of the House of
Representatives;
(L) the Committee on Foreign Affairs of the House of
Representatives;
(M) the Committee on Appropriations of the House of
Representatives; and
(N) the Committee on Financial Services of the House of
Representatives.
(2) Material support or resources.--The term ``material support
or resources'' has the meaning given such term in section 2339A of
title 18, United States Code.
SEC. 1908. NATIONAL STRATEGY TO COMBAT TERRORIST TRAVEL.
(a) Sense of Congress.--It is the sense of Congress that it should
be the policy of the United States to--
(1) continue to regularly assess the evolving terrorist threat
to the United States;
(2) catalog existing Federal Government efforts to obstruct
terrorist and foreign fighter travel into, out of, and within the
United States, and overseas;
(3) identify such efforts that may benefit from reform or
consolidation, or require elimination;
(4) identify potential security vulnerabilities in United
States defenses against terrorist travel; and
(5) prioritize resources to address any such security
vulnerabilities in a risk-based manner.
(b) National Strategy and Updates.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the majority
leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, the majority leader of the
House of Representatives, the minority leader of the House of
Representatives, and the appropriate congressional committees a
national strategy to combat terrorist travel. The strategy shall
address efforts to intercept terrorists and foreign fighters and
constrain the domestic and international travel of such persons.
Consistent with the protection of classified information, the
strategy shall be submitted in unclassified form, including, as
appropriate, a classified annex.
(2) Updated strategies.--Not later than 180 days after the date
on which a new President is inaugurated, the President shall submit
to the majority leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives, the majority
leader of the House of Representatives, the minority leader of the
House of Representatives, and the appropriate congressional
committees an updated version of the strategy described in
paragraph (1).
(3) Contents.--The strategy and updates required under this
subsection shall--
(A) include an accounting and description of all Federal
Government programs, projects, and activities designed to
constrain domestic and international travel by terrorists and
foreign fighters;
(B) identify specific security vulnerabilities within the
United States and outside of the United States that may be
exploited by terrorists and foreign fighters;
(C) delineate goals for--
(i) closing the security vulnerabilities identified
under subparagraph (B); and
(ii) enhancing the ability of the Federal Government to
constrain domestic and international travel by terrorists
and foreign fighters; and
(D) describe the actions that will be taken to achieve the
goals delineated under subparagraph (C) and the means needed to
carry out such actions, including--
(i) steps to reform, improve, and streamline existing
Federal Government efforts to align with the current threat
environment;
(ii) new programs, projects, or activities that are
requested, under development, or undergoing implementation;
(iii) new authorities or changes in existing
authorities needed from Congress;
(iv) specific budget adjustments being requested to
enhance United States security in a risk-based manner; and
(v) the Federal departments and agencies responsible
for the specific actions described in this subparagraph.
(4) Sunset.--The requirement to submit updated national
strategies under this subsection shall terminate on the date that
is seven years after the date of the enactment of this Act.
(c) Development of Implementation Plans.--For each national
strategy required under subsection (b), the President shall direct the
heads of relevant Federal agencies to develop implementation plans for
each such agency.
(d) Implementation Plans.--
(1) In general.--The President shall submit to the majority
leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, the majority leader of the
House of Representatives, the minority leader of the House of
Representatives, and the appropriate congressional committees an
implementation plan developed under subsection (c) with each
national strategy required under subsection (b). Consistent with
the protection of classified information, each such implementation
plan shall be submitted in unclassified form, but may include a
classified annex.
(2) Annual updates.--The President shall submit to the majority
leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, the majority leader of the
House of Representatives, the minority leader of the House of
Representatives, and the appropriate congressional committees an
annual updated implementation plan during the ten-year period
beginning on the date of the enactment of this Act.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) in the House of Representatives--
(A) the Committee on Homeland Security;
(B) the Committee on Armed Services;
(C) the Permanent Select Committee on Intelligence;
(D) the Committee on the Judiciary;
(E) the Committee on Foreign Affairs;
(F) the Committee on Appropriations; and
(2) in the Senate--
(A) the Committee on Homeland Security and Governmental
Affairs;
(B) the Committee on Armed Services;
(C) the Select Committee on Intelligence;
(D) the Committee on the Judiciary;
(E) the Committee on Foreign Relations; and
(F) the Committee on Appropriations.
(f) Special Rule for Certain Receipt.--The definition under
subsection (e) shall be treated as including the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
for purposes of receipt of those portions of--
(1) the national strategy (including updates thereto), and
(2) the implementation plan (including updates thereto),
required under this section that relate to maritime travel into and out
of the United States.
SEC. 1909. NATIONAL OPERATIONS CENTER.
Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is
amended--
(1) in subsection (a)--
(A) by striking ``emergency managers and decision makers''
and inserting ``emergency managers, decision makers, and other
appropriate officials''; and
(B) by inserting ``and steady-state activity'' before the
period at the end;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and tribal governments'' and
inserting ``tribal, and territorial governments, the
private sector, and international partners'';
(ii) by striking ``in the event of'' and inserting
``for events, threats, and incidents involving''; and
(iii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) enter into agreements with other Federal operations
centers and other homeland security partners, as appropriate, to
facilitate the sharing of information.'';
(4) in subsection (c)--
(A) in the subsection heading, by striking ``Fire Service''
and inserting ``Emergency Responder'';
(B) by striking paragraph (1) and inserting the following:
``(1) Establishment of positions.--The Secretary shall
establish a position, on a rotating basis, for a representative of
State and local emergency responders at the National Operations
Center established under subsection (b) to ensure the effective
sharing of information between the Federal Government and State and
local emergency response services.'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
SEC. 1910. DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR INTERNATIONAL
PROGRAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a comprehensive three-year strategy for international programs
of the Department of Homeland Security in which personnel and resources
of the Department are deployed abroad for vetting and screening of
persons seeking to enter the United States.
(b) Contents.--The strategy required under subsection (a) shall
include, at a minimum, the following:
(1) Specific Department of Homeland Security risk-based goals
for international programs of the Department in which personnel and
resources of the Department are deployed abroad for vetting and
screening of persons seeking to enter the United States.
(2) A risk-based method for determining whether to establish
new international programs in new locations, given resource
constraints, or expand existing international programs of the
Department, in which personnel and resources of the Department are
deployed abroad for vetting and screening of persons seeking to
enter the United States.
(3) Alignment with the highest Department-wide and Government-
wide strategic priorities of resource allocations on international
programs of the Department in which personnel and resources of the
Department are deployed abroad for vetting and screening of persons
seeking to enter the United States.
(4) A common reporting framework for the submission of
reliable, comparable cost data by components of the Department on
overseas expenditures attributable to international programs of the
Department in which personnel and resources of the Department are
deployed abroad for vetting and screening of persons seeking to
enter the United States.
(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary of Homeland Security shall consider, at a
minimum, the following:
(1) Information on existing operations of international
programs of the Department of Homeland Security in which personnel
and resources of the Department are deployed abroad for vetting and
screening of persons seeking to enter the United States that
includes corresponding information for each location in which each
such program operates.
(2) The number of Department personnel deployed to each
location at which an international program referred to in
subparagraph (A) is in operation during the current and preceding
fiscal year.
(3) Analysis of the impact of each international program
referred to in paragraph (1) on domestic activities of components
of the Department of Homeland Security.
(4) Analysis of barriers to the expansion of an international
program referred to in paragraph (1).
(d) Form.--The strategy required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex if
the Secretary of Homeland Security determines that such is appropriate.
SEC. 1911. STATE AND HIGH-RISK URBAN AREA WORKING GROUPS.
Subsection (b) of section 2021 of the Homeland Security Act of 2002
(6 U.S.C. 611) is amended to read as follows:
``(b) Planning Committees.--
``(1) In general.--Any State or high-risk urban area receiving
a grant under section 2003 or 2004 shall establish a State planning
committee or urban area working group to assist in preparation and
revision of the State, regional, or local homeland security plan or
the threat and hazard identification and risk assessment, as the
case may be, and to assist in determining effective funding
priorities for grants under such sections.
``(2) Composition.--
``(A) In general.--The State planning committees and urban
area working groups referred to in paragraph (1) shall include
at least one representative from each of the following
significant stakeholders:
``(i) Local or tribal government officials.
``(ii) Emergency response providers, which shall
include representatives of the fire service, law
enforcement, emergency medical services, and emergency
managers.
``(iii) Public health officials and other appropriate
medical practitioners.
``(iv) Individuals representing educational
institutions, including elementary schools, community
colleges, and other institutions of higher education.
``(v) State and regional interoperable communications
coordinators, as appropriate.
``(vi) State and major urban area fusion centers, as
appropriate.
``(B) Geographic representation.--The members of the State
planning committee or urban area working group, as the case may
be, shall be a representative group of individuals from the
counties, cities, towns, and Indian tribes within the State or
high-risk urban area, including, as appropriate,
representatives of rural, high-population, and high-threat
jurisdictions.
``(3) Existing planning committees.--Nothing in this subsection
may be construed to require that any State or high-risk urban area
create a State planning committee or urban area working group, as
the case may be, if that State or high-risk urban area has
established and uses a multijurisdictional planning committee or
commission that meets the requirements of this subsection.''.
SEC. 1912. CYBERSECURITY STRATEGY FOR THE DEPARTMENT OF HOMELAND
SECURITY.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after
section 228 the following new section:
``SEC. 228A. CYBERSECURITY STRATEGY.
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall develop a departmental
strategy to carry out cybersecurity responsibilities as set forth in
law.
``(b) Contents.--The strategy required under subsection (a) shall
include the following:
``(1) Strategic and operational goals and priorities to
successfully execute the full range of the Secretary's
cybersecurity responsibilities.
``(2) Information on the programs, policies, and activities
that are required to successfully execute the full range of the
Secretary's cybersecurity responsibilities, including programs,
policies, and activities in furtherance of the following:
``(A) Cybersecurity functions set forth in the section 227
(relating to the national cybersecurity and communications
integration center).
``(B) Cybersecurity investigations capabilities.
``(C) Cybersecurity research and development.
``(D) Engagement with international cybersecurity partners.
``(c) Considerations.--In developing the strategy required under
subsection (a), the Secretary shall--
``(1) consider--
``(A) the cybersecurity strategy for the Homeland Security
Enterprise published by the Secretary in November 2011;
``(B) the Department of Homeland Security Fiscal Years
2014-2018 Strategic Plan; and
``(C) the most recent Quadrennial Homeland Security Review
issued pursuant to section 707; and
``(2) include information on the roles and responsibilities of
components and offices of the Department, to the extent
practicable, to carry out such strategy.
``(d) Implementation Plan.--Not later than 90 days after the
development of the strategy required under subsection (a), the
Secretary shall issue an implementation plan for the strategy that
includes the following:
``(1) Strategic objectives and corresponding tasks.
``(2) Projected timelines and costs for such tasks.
``(3) Metrics to evaluate performance of such tasks.
``(e) Congressional Oversight.--The Secretary shall submit to
Congress for assessment the following:
``(1) A copy of the strategy required under subsection (a) upon
issuance.
``(2) A copy of the implementation plan required under
subsection (d) upon issuance, together with detailed information on
any associated legislative or budgetary proposals.
``(f) Classified Information.--The strategy required under
subsection (a) shall be in an unclassified form but may contain a
classified annex.
``(g) Rule of Construction.--Nothing in this section may be
construed as permitting the Department to engage in monitoring,
surveillance, exfiltration, or other collection activities for the
purpose of tracking an individual's personally identifiable
information.
``(h) Definition.--In this section, the term `Homeland Security
Enterprise' means relevant governmental and nongovernmental entities
involved in homeland security, including Federal, State, local, and
tribal government officials, private sector representatives, academics,
and other policy experts.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 228 the following new item:

``Sec. 228A. Cybersecurity strategy.''.
SEC. 1913. EMP AND GMD PLANNING, RESEARCH AND DEVELOPMENT, AND
PROTECTION AND PREPAREDNESS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) in section 2 (6 U.S.C. 101)--
(A) by redesignating paragraphs (9) through (18) as
paragraphs (11) through (20), respectively;
(B) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively;
(C) by inserting after paragraph (6) the following new
paragraph:
``(7) The term `EMP' means an electromagnetic pulse caused by a
nuclear device or nonnuclear device, including such a pulse caused
by an act of terrorism.''; and
(D) by inserting after paragraph (9), as so redesignated,
the following new paragraph:
``(10) The term `GMD' means a geomagnetic disturbance caused by
a solar storm or another naturally occurring phenomenon.'';
(2) in subsection (d) of section 201 (6 U.S.C. 121), by adding
at the end the following new paragraph:
``(26)(A) Not later than six months after the date of the
enactment of this paragraph, to conduct an intelligence-based
review and comparison of the risks and consequences of EMP and GMD
facing critical infrastructure, and submit to the Committee on
Homeland Security and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Select Committee
on Intelligence of the Senate--
``(i) a recommended strategy to protect and prepare the
critical infrastructure of the homeland against threats of
EMP and GMD; and
``(ii) not less frequently than every two years
thereafter for the next six years, updates of the
recommended strategy.
``(B) The recommended strategy under subparagraph (A)
shall--
``(i) be based on findings of the research and
development conducted under section 319;
``(ii) be developed in consultation with the relevant
Federal sector-specific agencies (as defined under
Presidential Policy Directive-21) for critical
infrastructure;
``(iii) be developed in consultation with the relevant
sector coordinating councils for critical infrastructure;
``(iv) be informed, to the extent practicable, by the
findings of the intelligence-based review and comparison of
the risks and consequences of EMP and GMD facing critical
infrastructure conducted under subparagraph (A); and
``(v) be submitted in unclassified form, but may
include a classified annex.
``(C) The Secretary may, if appropriate, incorporate the
recommended strategy into a broader recommendation developed by
the Department to help protect and prepare critical
infrastructure from terrorism, cyber attacks, and other threats
if, as incorporated, the recommended strategy complies with
subparagraph (B).'';
(3) in title III (6 U.S.C. 181 et seq.), by adding at the end
the following new section:
``SEC. 319. EMP AND GMD MITIGATION RESEARCH AND DEVELOPMENT.
``(a) In General.--In furtherance of domestic preparedness and
response, the Secretary, acting through the Under Secretary for Science
and Technology, and in consultation with other relevant executive
agencies, relevant State, local, and tribal governments, and relevant
owners and operators of critical infrastructure, shall, to the extent
practicable, conduct research and development to mitigate the
consequences of threats of EMP and GMD.
``(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
``(1) An objective scientific analysis--
``(A) evaluating the risks to critical infrastructure from
a range of threats of EMP and GMD; and
``(B) which shall--
``(i) be conducted in conjunction with the Office of
Intelligence and Analysis; and
``(ii) include a review and comparison of the range of
threats and hazards facing critical infrastructure of the
electrical grid.
``(2) Determination of the critical utilities and national
security assets and infrastructure that are at risk from threats of
EMP and GMD.
``(3) An evaluation of emergency planning and response
technologies that would address the findings and recommendations of
experts, including those of the Commission to Assess the Threat to
the United States from Electromagnetic Pulse Attack, which shall
include a review of the feasibility of rapidly isolating one or
more portions of the electrical grid from the main electrical grid.
``(4) An analysis of technology options that are available to
improve the resiliency of critical infrastructure to threats of EMP
and GMD, including an analysis of neutral current blocking devices
that may protect high-voltage transmission lines.
``(5) The restoration and recovery capabilities of critical
infrastructure under differing levels of damage and disruption from
various threats of EMP and GMD, as informed by the objective
scientific analysis conducted under paragraph (1).
``(6) An analysis of the feasibility of a real-time alert
system to inform electrical grid operators and other stakeholders
within milliseconds of a high-altitude nuclear explosion.
``(c) Exemption From Disclosure.--
``(1) Information shared with the federal government.--Section
214, and any regulations issued pursuant to such section, shall
apply to any information shared with the Federal Government under
this section.
``(2) Information shared by the federal government.--
Information shared by the Federal Government with a State, local,
or tribal government under this section shall be exempt from
disclosure under any provision of State, local, or tribal freedom
of information law, open government law, open meetings law, open
records law, sunshine law, or similar law requiring the disclosure
of information or records.''; and
(4) in title V (6 U.S.C. 311 et seq.), by adding at the end the
following new section:
``SEC. 527. NATIONAL PLANNING AND EDUCATION.
``The Secretary shall, to the extent practicable--
``(1) include in national planning frameworks the threat of an
EMP or GMD event; and
``(2) conduct outreach to educate owners and operators of
critical infrastructure, emergency planners, and emergency response
providers at all levels of government regarding threats of EMP and
GMD.''.
(b) Technical and Conforming Amendments.--
(1) The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended--
(A) by inserting after the item relating to section 317 the
following new item:

``Sec. 319. EMP and GMD mitigation research and development.''; and

(B) by inserting after the item relating to section 525 the
following:

``Sec. 526. Integrated Public Alert and Warning System modernization.
``Sec. 527. National planning and education.''.

(2) Section 501(13) of the Homeland Security Act of 2002 (6
U.S.C. 311(13)) is amended by striking ``section 2(11)(B)'' and
inserting ``section 2(13)(B)''.
(3) Section 712(a) of title 14, United States Code, is amended
by striking ``section 2(16) of the Homeland Security Act of 2002 (6
U.S.C. 101(16))'' and inserting ``section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101)''.
(c) Deadline for Initial Recommended Strategy.--Not later than one
year after the date of the enactment of this section, the Secretary of
Homeland Security shall submit the recommended strategy required under
paragraph (26) of section 201(d) of the Homeland Security Act of 2002
(6 U.S.C. 121(d)), as added by this section.
(d) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary of Homeland Security shall
submit to Congress a report describing the progress made in, and an
estimated date by which the Department of Homeland Security will have
completed--
(1) including threats of EMP and GMD (as those terms are
defined in section 2 of the Homeland Security Act of 2002, as
amended by this section) in national planning, as described in
section 527 of the Homeland Security Act of 2002, as added by this
section;
(2) research and development described in section 319 of the
Homeland Security Act of 2002, as added by this section;
(3) development of the recommended strategy required under
paragraph (26) of section 201(d) of the Homeland Security Act of
2002 (6 U.S.C. 121(d)), as added by this section; and
(4) beginning to conduct outreach to educate emergency planners
and emergency response providers at all levels of government
regarding threats of EMP and GMD events.
(e) No Regulatory Authority.--Nothing in this section, including
the amendments made by this section, shall be construed to grant any
regulatory authority.
(f) No New Authorization of Appropriations.--This section,
including the amendments made by this section, may be carried out only
by using funds appropriated under the authority of other laws.

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 and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2019; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2020.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2019; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2020 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect on the
later of--
(1) October 1, 2016; or
(2) the date of the enactment of this Act.

TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2105. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2106. Extension of authorizations of certain fiscal year 2014
projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alaska........................ Fort Wainwright....... $47,000,000
California.................... Concord............... $12,600,000
Colorado...................... Fort Carson........... $13,100,000
Georgia....................... Fort Gordon.......... $100,600,000
Fort Stewart.......... $14,800,000
Missouri...................... Fort Leonard Wood..... $6,900,000
Texas......................... Fort Hood............. $7,600,000
Utah.......................... Camp Williams......... $7,400,000
Virginia...................... Fort Belvoir.......... $23,000,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out the military construction
project for the installations or locations outside the United States,
and in the amount, set forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Cuba........................ Guantanamo Bay.......... $33,000,000
Germany...................... East Camp Grafenwoehr.. $22,000,000
Garmisch................ $9,600,000
Wiesbaden Army Airfield. $19,200,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:

Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Korea................................... Camp Humphreys........... Family Housing New $297,000,000
Construction.............
Camp Walker............... Family Housing New $54,554,000
Construction.............
----------------------------------------------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $2,618,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 986) for Joint Base
Lewis-McChord, Washington, for construction of an aircraft maintenance
hangar at the installation, the Secretary of the Army may construct an
aircraft washing apron.
SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2101 of that Act
(126 Stat. 2119) and extended by section 2107 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. 1148), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Kansas................................. Fort Riley............... Unmanned Aerial Vehicle $12,200,000
Complex..................
Virginia............................... Fort Belvoir.............. Secure Admin/Operations $172,200,000
Facility.................
Italy.................................. Camp Ederle............... Barracks.................. $36,000,000
Japan.................................. Sagami.................... Vehicle Maintenance Shop.. $18,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (127
Stat. 986) shall remain in effect until October 1, 2017, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Army: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland............................... Fort Detrick.............. Entry Control Point....... $2,500,000
Marshall Islands....................... Kwajalein Atoll........... Pier...................... $63,000,000
Japan.................................. Kyotango City............. Company Operations Complex $33,000,000
----------------------------------------------------------------------------------------------------------------

TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2206. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2207. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2208. Status of ``net negative'' policy regarding Navy acreage on
Guam.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:

Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Yuma............................................ $48,355,000
California.................................... Coronado........................................ $104,501,000
Lemoore......................................... $26,723,000
Miramar......................................... $193,600,000
Seal Beach...................................... $21,007,000
Florida....................................... Eglin Air Force Base............................ $20,489,000
Guam.......................................... Joint Region Marianas........................... $89,185,000
Hawaii........................................ Barking Sands................................... $43,384,000
Kaneohe Bay..................................... $72,565,000
Maine......................................... Kittery......................................... $47,892,000
Maryland...................................... Patuxent River.................................. $40,576,000
Nevada........................................ Fallon.......................................... $13,523,000
North Carolina................................ Camp Lejeune.................................... $18,482,000
Cherry Point Marine Corps Air Station........... $12,515,000
South Carolina................................ Beaufort........................................ $83,490,000
Parris Island................................... $29,882,000
Virginia...................................... Norfolk......................................... $27,000,000
Washington.................................... Bangor.......................................... $113,415,000
Bremerton....................................... $6,704,000
Whidbey Island.................................. $75,976,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Kadena Air Base................................. $26,489,000
Sasebo.......................................... $16,420,000
Spain......................................... Rota............................................ $23,607,000
Worldwide Unspecified......................... Unspecified Worldwide Locations................. $41,380,000
----------------------------------------------------------------------------------------------------------------

SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2204(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Navy may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation or location, in the number
of units, and in the amount set forth in the following table:

Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands........................ Guam....................... Replace Andersen Housing $78,815,000
PH 1....................
----------------------------------------------------------------------------------------------------------------

(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/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Pendleton........... Comm. Information Systems $78,897,000
Ops Complex..............
Greece.................................. Souda Bay................. Intermodal Access Road.... $4,630,000
South Carolina.......................... Beaufort.................. Recycling/Hazardous Waste $3,743,000
Facility.................
Worldwide Unspecified................... Various Worldwide BAMS Operational $34,048,000
Locations................ Facilities...............
----------------------------------------------------------------------------------------------------------------

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2201 of that Act (127
Stat. 989), shall remain in effect until October 1, 2017, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Navy: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Kaneohe................... Aircraft Maintenance $31,820,000
Hangar Upgrades..........
Pearl City................ Water Transmission Line... $30,100,000
Illinois................................ Great Lakes............... Unaccompanied Housing..... $35,851,000
Maine................................... Bangor.................... NCTAMS VLF Commercial $13,800,000
Power Connection.........
Nevada.................................. Fallon.................... Wastewater Treatment Plant $11,334,000
Virginia................................ Quantico.................. Academic Instruction $25,731,000
Facility TECOM Schools...
Quantico.................. Fuller Road Improvements.. $9,013,000
----------------------------------------------------------------------------------------------------------------

SEC. 2208. STATUS OF ``NET NEGATIVE'' POLICY REGARDING NAVY ACREAGE ON
GUAM .
(a) Report on Status.--
(1) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Navy shall submit a
report to the congressional defense committees regarding the status
of the implementation of the ``net negative'' policy regarding the
total number of acres of the real property controlled by the
Department of the Navy on Guam, as described in subsection (b).
(2) Contents.--The report required under paragraph (1) shall
include the following information:
(A) A description of the real property controlled by the
Navy on Guam which the Navy has transferred to the control of
Guam after January 20, 2011, or which the Navy plans to
transfer to the control of Guam, as well as a description of
the specific legal authority under which the Navy has
transferred or will transfer each such property.
(B) The methodology and process the Navy will use to
determine the total number of acres of real property that the
Navy will transfer or has transferred to the control of Guam as
part of the ``net negative'' policy, and the date on which the
Navy will transfer or has transferred control of any such
property.
(C) A description of the real property controlled by the
Navy on Guam which the Navy plans to retain under its control
and the reasons for retaining such property, including a
detailed explanation of the reasons for retaining any such
property which has not been developed or for which no
development has been proposed under the current installation
master plans for major military installations (as described in
section 2864 of title 10, United States Code).
(3) Exclusion of certain property.--In preparing and submitting
the report under this subsection, the Secretary may not take into
account any real property which has been transferred to the
Government of Guam prior to January 20, 2011, to include property
under the Guam Excess Lands Act (Public Law 103-339) or the Guam
Land Use Plan (GLUP) 1977, or pursuant to base realignment and
closure authorized under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note).
(b) Policy Described.--The ``net negative'' policy described in
this section is the policy of the Secretary of the Navy, as expressed
in the statement released by Under Secretary of the Navy on January 20,
2011, that the relocation of Marines to Guam occurring during 2011 will
not cause the total number of acres of real property controlled by the
Navy on Guam upon the completion of such relocation to exceed the total
number of acres of real property controlled by the Navy on Guam prior
to such relocation.

TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2306. Extension of authorization of certain fiscal year 2013
project.
Sec. 2307. Extension of authorization of certain fiscal year 2014
project.
Sec. 2308. Restriction on acquisition of property in Northern Mariana
Islands.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base $15,000,000
Alaska....................... Clear Air Force $20,000,000
Station.
Eielson Air Force Base $295,600,000
Joint Base Elmendorf- $29,000,000
Richardson...........
Arizona...................... Luke Air Force Base... $20,000,000
California................... Edwards Air Force $24,000,000
Base.
Colorado..................... Buckley Air Force $13,500,000
Base.
Delaware.................... Dover Air Force Base. $39,000,000
Florida...................... Eglin Air Force Base. $123,600,000
Patrick Air Force Base $13,500,000
Georgia...................... Moody Air Force Base.. $30,900,000
Guam......................... Joint Region Marianas. $80,658,000
Illinois..................... Scott Air Force Base.. $41,000,000
Kansas....................... McConnell Air Force $19,800,000
Base.
Louisiana.................... Barksdale Air Force $21,000,000
Base.
Maryland..................... Joint Base Andrews.... $66,500,000
Massachusetts................ Hanscom Air Force Base $30,965,000
Montana...................... Malmstrom Air Force $14,600,000
Base.
Nevada....................... Nellis Air Force Base. $10,600,000
New Mexico................... Cannon Air Force Base. $21,000,000
Holloman Air Force $10,600,000
Base.
Kirtland Air Force $7,300,000
Base.
Ohio......................... Wright-Patterson Air $12,600,000
Force Base...........
Oklahoma..................... Altus Air Force Base.. $11,600,000
Tinker Air Force Base. $43,000,000
South Carolina............... Joint Base Charleston. $17,000,000
Texas........................ Joint Base San Antonio $67,300,000
Utah......................... Hill Air Force Base... $44,500,000
Virginia..................... Joint Base Langley- $59,200,000
Eustis.
Washington................... Fairchild Air Force $27,000,000
Base.
Wyoming...................... F.E. Warren Air Force $5,550,000
Base.
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amount, set forth in the following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia.................... Darwin............... $30,400,000
Germany...................... Ramstein Air Base..... $13,437,000
Spangdahlem Air Base.. $43,465,000
Japan........................ Kadena Air Base....... $19,815,000
Yokota Air Base....... $32,020,000
Mariana Islands.............. Unspecified Location.. $9,000,000
Turkey....................... Incirlik Air Base..... $13,449,000
United Arab Emirates......... Al Dhafra............. $35,400,000
United Kingdom............... Royal Air Force $69,582,00
Croughton.
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount
not to exceed $4,368,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $56,984,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2016 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. 1153) for Malmstrom
Air Force Base, Montana, for construction of a Tactical Response Force
Alert Facility at the installation, the Secretary of the Air Force may
construct an emergency power generator system consistent with the Air
Force's construction guidelines.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2013
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (126
Stat. 2126) and extended by section 2309 of the Military Construction
Authorization Act for Fiscal Year 2016 (division B of Public Law 114-
92; 129 Stat. 1155), shall remain in effect until October 1, 2017, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2013 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Portugal................................ Lajes Field............... Sanitary Sewer Lift/Pump $2,000,000
Station..................
----------------------------------------------------------------------------------------------------------------

SEC. 2307. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2014
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorization set forth in the
table in subsection (b), as provided in section 2301 of that Act (127
Stat. 992), shall remain in effect until October 1, 2017, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Air Force: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified (Italy)........... Aviano Air Base........... Guardian Angel Operations $22,047,000
Facility.................
----------------------------------------------------------------------------------------------------------------

SEC. 2308. RESTRICTION ON ACQUISITION OF PROPERTY IN NORTHERN MARIANA
ISLANDS.
The Secretary of the Air Force may not use any of the amounts
authorized to be appropriated under section 2304 to acquire property or
interests in property at an unspecified location in the Commonwealth of
the Northern Mariana Islands, as specified in the funding table set
forth in section 2301(b) and the funding table in section 4601, until
the congressional defense committees have received from the Secretary a
report providing the following information:
(1) The specific location of the property or interest in
property to be acquired.
(2) The total cost, scope, and location of the military
construction projects and the acquisition of property or interests
in property required to support the Secretary's proposed divert
activities and exercises in the Commonwealth of the Northern
Mariana Islands.
(3) An analysis of any alternative locations that the Secretary
considered acquiring, including other locations or interests within
the Commonwealth of the Northern Mariana Islands or the Freely
Associated States. For purposes of this paragraph, the term
``Freely Associated States'' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of
Palau.

TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year
2014 project.
Sec. 2405. Extension of authorizations of certain fiscal year 2013
projects.
Sec. 2406. Extension of authorizations of certain fiscal year 2014
projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska.......................................... Clear Air Force Station.................... $155,000,000
Fort Greely................................ $9,560,000
Joint Base Elmendorf-Richardson............ $4,900,000
Arizona......................................... Fort Huachuca.............................. $4,493,000
California...................................... Coronado................................... $175,412,000
Travis Air Force Base...................... $26,500,000
Delaware........................................ Dover Air Force Base...................... $44,115,000
Florida......................................... Patrick Air Force Base..................... $10,100,000
Georgia......................................... Fort Benning............................... $4,820,000
Fort Gordon................................ $25,000,000
Maine........................................... Portsmouth................................. $27,100,000
Maryland........................................ Bethesda Naval Hospital.................... $510,000,000
Fort Meade................................. $38,000,000
Missouri........................................ St. Louis.................................. $801,000
North Carolina.................................. Camp Lejeune............................... $31,000,000
Fort Bragg................................. $86,593,000
South Carolina.................................. Joint Base Charleston...................... $17,000,000
Texas........................................... Red River Army Depot....................... $44,700,000
Sheppard Air Force Base.................... $91,910,000
Virginia........................................ Pentagon................................... $20,216,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Diego Garcia.................................... Diego Garcia............................... $30,000,000
Germany......................................... Kaiserslautern............................. $45,221,000
Japan........................................... Ikakuni.................................... $6,664,000
Kadena Air Base............................ $161,224,000
Yokota Air Base............................ $113,731,000
Kwajalein....................................... Kwajalein Atoll............................ $85,500,000
United Kingdom.................................. Royal Air Force Croughton.................. $71,424,000
Royal Air Force Lakenheath................. $13,500,000
Wake Island..................................... Wake Island................................ $11,670,000
----------------------------------------------------------------------------------------------------------------

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, in the amount set forth in the following table:

Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Edwards Air Force Base..................... $8,400,000
Naval Base San Diego....................... $4,230,000
Fort Hunter Liggett........................ $5,400,000
Colorado........................................ Fort Carson................................ $5,000,000
Schriever Air Force Base................... $3,295,000
Florida......................................... SUBASE Kings Bay NAS Jacksonville.......... $3,230,000
Guam............................................ NAVBASE Guam............................... $8,540,000
Hawaii.......................................... NSAH Wahiawa Kunia Oahu................... $14,890,000
Ohio............................................ Wright Patterson Air Force Base............ $14,400,000
Utah............................................ Dugway Proving Ground...................... $7,500,000
Tooele Army Depot.......................... $8,200,000
Various Locations............................... Various Locations.......................... $28,088,000
----------------------------------------------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects outside the United States as specified
in the funding table in section 4601, the Secretary of Defense may
carry out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations outside the
United States, and in the amounts, set forth in the following table:

Energy Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay............................ $6,080,000
Diego Garcia.................................... NSF Diego Garcia........................... $17,010,000
Japan........................................... Kadena Air Base............................ $4,007,000
Misawa Air Base............................ $5,315,000
Spain........................................... Rota....................................... $3,710,000
Various Locations............................... Various Locations.......................... $2,705,000
----------------------------------------------------------------------------------------------------------------

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2016,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization in the table in section 2401(b) of
the Military Construction Authorization Act for Fiscal Year 2014
(division B of Public Law 113-66; 127 Stat. 996), for Royal Air Force
Lakenheath, United Kingdom, for construction of a high school, the
Secretary of Defense may construct a combined middle/high school.
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2013
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2401 of that Act
(126 Stat. 2127) and amended by section 2406(a) of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. 1160), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2013 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Location
State/Country Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................... Camp Zama................. Renovate Zama High School. $13,273,000
Pennsylvania............................ New Cumberland............ Replace reservoir......... $4,300,000
----------------------------------------------------------------------------------------------------------------

SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in section 2401 of that Act (127
Stat. 995), shall remain in effect until October 1, 2017, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2018, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:

Defense Agencies: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Location
State/Country Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Brawley................... SOF Desert Warfare $23,095,000
Training Center..........
Germany................................. Kaiserslautern............ Replace Kaiserslautern $49,907,000
Elementary School........
Ramstein Air Base......... Replace Ramstein High $98,762,000
School...................
Hawaii.................................. Joint Base Pearl Harbor- DISA Pacific Facility $2,615,000
Hickam................... Upgrade..................
Massachusetts........................... Hanscom Air Force Base.... Replace Hanscom Primary $36,213,000
School...................
United Kingdom.......................... RAF Lakenheath............ Replace Lakenheath High $69,638,000
School...................
Virginia................................ Marine Corps Base Quantico Replace Quantico Middle/ $40,586,000
High School..............
Pentagon.................. PFPA Support Operations $14,800,000
Center...................
Pentagon.................. Raven Rock Administrative $32,000,000
Facility Upgrade.........
Pentagon.................. Boundary Channel Access $6,700,000
Control Point............
----------------------------------------------------------------------------------------------------------------

TITLE XXV--INTERNATIONAL PROGRAMS

Subtitle A--North Atlantic Treaty Organization Security Investment
Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

Subtitle B--Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

Subtitle A--North Atlantic Treaty Organization Security Investment
Program

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501 as specified in the funding table in section 4601.

Subtitle B--Host Country In-Kind Contributions

SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations, and in the
amounts, set forth in the following table:

Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea............................ Army................ CP Tango............ Repair Collective $11,600,000
Protection System
(CPS).............
Army................ Camp Humphreys...... Duplex Company $10,200,00
Operations,
Zoeckler Station..
Army................ Camp Humphreys...... Vehicle Maintenance $49,500,000
Facility & Company
Ops Complex (3rd
CAB)..............
Army................ Camp Humphreys...... 8th Army $14,600,000
Correctional
Facility..........
Navy................ Camp Mujuk.......... Marine Air Ground $68,000,000
Task Force
Operations Center.
Navy................ Camp Mujuk.......... Camp Mujuk Life $14,100,000
Support Area (LSA)
Barracks #2.......
Navy................ Camp Mujuk.......... Camp Mujuk Life $14,100,000
Support Area (LSA)
Barracks #3.......
Air Force........... Kunsan Air Base..... 3rd Generation $132,500,000
Hardened Aircraft
Shelters (HAS);
Phases 4, 5, 6....
Air Force........... Kunsan Air Base..... Upgrade Electrical $13,000,000
Distribution
System............
Air Force........... Osan Air Base....... Construct Korea Air $160,000,000
Operations Center.
Air Force........... Osan Air Base....... Air Freight $40,000,000
Terminal Facility.
Air Force........... Osan Air Base....... Construct F-16 $7,500,000
Quick Turn Pad....
Defense-Wide........ Camp Carroll........ Sustainment $74,600,000
Facilities Upgrade
Phase I - DLA
Warehouse.........
Defense-Wide........ USAG Humphreys...... Elementary School.. $42,000,000
Defense-Wide........ Icheon Special Special Operations $9,900,000
Warfare Command.... Command, Korea
(SOCKOR)
Contingency
Operations Center
and Barracks......
Defense-Wide........ K-16 Air Base....... Special Operations $11,000,000
Forces (SOF)
Operations
Facility, B-606...
----------------------------------------------------------------------------------------------------------------

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Subtitle A--Project Authorizations and Authorization of Appropriations

Subtitle B--Other Matters

Subtitle A--Project Authorizations and Authorization of Appropriations

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:

Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Colorado........................................ Fort Carson................................ $16,500,000
Hawaii.......................................... Hilo....................................... $31,000,000
Iowa............................................ Davenport.................................. $23,000,000
Kansas.......................................... Fort Leavenworth.......................... $29,000,000
New Hampshire................................... Hooksett................................... $11,000,000
Rochester.................................. $8,900,000
Oklahoma........................................ Ardmore.................................... $22,000,000
Pennsylvania.................................... Fort Indiantown Gap........................ $20,000,000
York....................................... $9,300,000
Rhode Island.................................... East Greenwich............................. $20,000,000
Utah............................................ Camp Williams.............................. $37,000,000
Wyoming......................................... Camp Guernsey.............................. $31,000,000
Laramie.................................... $21,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:

Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona......................................... Phoenix.................................... $30,000,000
California...................................... Camp Parks................................. $19,000,000
Fort Hunter Liggett........................ $21,500,000
Virginia........................................ Dublin..................................... $6,000,000
Wisconsin....................................... Fort McCoy................................. $11,400,000
----------------------------------------------------------------------------------------------------------------

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:

Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans................................ $11,207,000
New York........................................ Brooklyn................................... $1,964,000
Syracuse................................... $13,229,000
Texas........................................... Galveston.................................. $8,414,000
----------------------------------------------------------------------------------------------------------------

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:

Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Connecticut..................................... Bradley IAP................................ $6,300,000
Florida......................................... Jacksonville IAP........................... $9,000,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............ $11,000,000
Iowa............................................ Sioux Gateway Airport...................... $12,600,000
Maryland........................................ Joint Base Andrews......................... $5,000,000
Minnesota....................................... Duluth IAP................................. $7,600,000
New Hampshire................................... Pease International Trade Port............. $1,500,000
North Carolina.................................. Charlotte/Douglas IAP...................... $50,600,000
Ohio............................................ Toledo Express Airport..................... $6,000,000
South Carolina.................................. McEntire ANGS.............................. $8,400,000
Texas........................................... Ellington Field............................ $4,500,000
Vermont......................................... Burlington IAP............................. $4,500,000
----------------------------------------------------------------------------------------------------------------

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:

Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................. Seymour Johnson Air Force Base............. $97,950,000
Pennsylvania.................................... Pittsburgh International Airport........... $85,000,000
----------------------------------------------------------------------------------------------------------------

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.

Subtitle B--Other Matters

SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2014 PROJECT.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 1001) for Bullville,
New York, for construction of a new Army Reserve Center at that
location, the Secretary of the Army may add to or alter the existing
Army Reserve Center at Bullville, New York.
SEC. 2612. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2015 PROJECT.
In the case of the authorization contained in the table in section
2603 of the Military Construction Authorization Act for Fiscal Year
2015 (division B of Public Law 113-291; 128 Stat. 3689) for Pittsburgh,
Pennsylvania, for construction of a Reserve Training Center at that
location, the Secretary of the Navy may acquire approximately 8.5 acres
(370,260 square feet) of adjacent land, obtain necessary interest in
land, and construct road improvements and associated supporting
facilities to provide required access to the Reserve Training Center.
SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2016 PROJECT.
In the case of the authorization contained in the table in section
2602 of the Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. 1163) for MacDill Air
Force Base, Florida, for construction of an Army Reserve Center/
Aviation Support Facility at that location, the Secretary of the Army
may relocate and construct replacement skeet and grenade launcher
ranges necessary to clear the site for the new Army Reserve facilities.
SEC. 2614. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2013
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2013 (division B of
Public Law 112-239; 126 Stat. 2118), the authorizations set forth in
the table in subsection (b), as provided in section 2603 of that Act
(126 Stat. 2135) and extended by section 2614 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. 1166), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:

National Guard and Reserve: Extension of 2013 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Iowa.................................... Fort Des Moines........... Joint Reserve Center...... $19,162,000
----------------------------------------------------------------------------------------------------------------

SEC. 2615. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 985), the authorizations set forth in the
table in subsection (b), as provided in sections 2602, 2603, 2604, and
2605 of that Act (127 Stat. 1001, 1002), shall remain in effect until
October 1, 2017, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2018, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as follows:

National Guard and Reserve: Extension of 2014 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Camp Parks................ Army Reserve Center....... $17,500,000
March Air Force Base...... NOSC Moreno Valley Reserve $11,086,000
Training Center..........
Florida................................. Homestead ARB............. Entry Control Complex..... $9,800,000
Maryland................................ Fort Meade................ 175th Network Warfare $4,000,000
Squadron Facility........
Martin State Airport...... Cyber/ISR Facility........ $8,000,000
New York................................ Bullville................. Army Reserve Center....... $14,500,000
----------------------------------------------------------------------------------------------------------------

TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Extension of authorizations of certain fiscal year 2014
projects.
Sec. 2702. Prohibition on conducting additional Base Realignment and
Closure (BRAC) round.
SEC. 2701. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2014
PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing

Subtitle B--Real Property and Facilities Administration

Subtitle C--Land Conveyances

Subtitle D--Military Memorials, Monuments, and Museums

Subtitle E--Designations and Other Matters

Subtitle A--Military Construction Program and Military Family Housing

SEC. 2801. MODIFICATION OF CRITERIA FOR TREATMENT OF LABORATORY
REVITALIZATION PROJECTS AS MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Increase in Threshold.--Section 2805(d) of title 10, United
States Code, is amended by striking ``$4,000,000'' each place it
appears in paragraph (1)(A), (1)(B), and (2) and inserting
``$6,000,000''.
(b) Notice Requirements.--Section 2805(d) of such title is
amended--
(1) by striking the second sentence of paragraph (2); and
(2) by amending paragraph (3) to read as follows:
``(3) If the Secretary concerned makes a decision to carry out an
unspecified minor military construction project to which this
subsection applies, the Secretary concerned shall notify in writing the
appropriate committees of Congress of that decision, of the
justification for the project, and of the estimated cost of the
project. The project may then be carried out only after the end of the
21-day period beginning on the date the notification is received by the
committees or, if earlier, the end of the 14-day period beginning on
the date on which a copy of the notification is provided in an
electronic medium pursuant to section 480 of this title.''.
(c) Extension of Sunset.--Paragraph (5) of section 2805(d) of such
title is amended by striking ``2018'' and inserting ``2025''.
SEC. 2802. CLASSIFICATION OF FACILITY CONVERSION PROJECTS AS REPAIR
PROJECTS.
Subsection (e) of section 2811 of title 10, United States Code, is
amended to read as follows:
``(e) Repair Project Defined.--In this section, the term `repair
project' means a project--
``(1) to restore a real property facility, system, or component
to such a condition that it may effectively be used for its
designated functional purpose; or
``(2) to convert a real property facility, system, or component
to a new functional purpose without increasing its external
dimensions.''.
SEC. 2803. LIMITED AUTHORITY FOR SCOPE OF WORK INCREASE.
(a) In General.--Section 2853 of title 10, United States Code, is
amended--
(1) in subsection (b)(2), by striking ``The scope of work'' and
inserting ``Except as provided in subsection (d), the scope of
work'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) The limitation in subsection (b)(2) on an increase in the
scope of work does not apply if--
``(1) the increase in the scope of work is not more than 10
percent of the amount specified for that project, construction,
improvement, or acquisition in the justification data provided to
Congress as part of the request for authorization of the project,
construction, improvement, or acquisition;
``(2) the increase is approved by the Secretary concerned;
``(3) the Secretary concerned notifies the congressional
defense committees in writing of the increase in scope and the
reasons therefor; and
``(4) a period of 21 days has elapsed after the date on which
the notification is received by the committees or, if over sooner,
a period of 14 days has elapsed after the date on which a copy of
the notification is provided in an electronic medium pursuant to
section 480 of this title.''.
(b) Cross-Reference Amendments.--(1) Subsection (a) of such section
is amended by striking ``subsection (c) or (d)'' and inserting
``subsection (c), (d), or (e)''.
(2) Subsection (f) of such section, as redesignated by subsection
(a)(2), is amended by striking ``through (d)'' and inserting ``through
(e)''.
(c) Additional Technical Amendment.--Subsection (a) of such section
is further amended by inserting ``of this title'' after ``section
2805(a)''.
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
(a) Extension of Authority.--Subsection (h) of section 2808 of the
Military Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as most recently amended by
section 2802 of the Military Construction Authorization Act for Fiscal
Year 2016 (division B of Public Law 114-92; 129 Stat. 1169), is
amended--
(1) in paragraph (1), by striking ``December 31, 2016'' and
inserting ``December 31, 2017''; and
(2) in paragraph (2), by striking ``fiscal year 2017'' and
inserting ``fiscal year 2018''.
(b) Limitation on Use of Authority.--Subsection (c)(1) of such
section is amended--
(1) by striking ``October 1, 2015'' and inserting ``October 1,
2016'';
(2) by striking ``December 31, 2016'' and inserting ``December
31, 2017''; and
(3) by striking ``fiscal year 2017'' and inserting ``fiscal
year 2018''.
SEC. 2805. AUTHORITY TO EXPAND ENERGY CONSERVATION CONSTRUCTION PROGRAM
TO INCLUDE ENERGY RESILIENCY PROJECTS.
(a) Expansion of Authority to Energy Resiliency and Energy Security
Projects.--
(1) In general.--Section 2914 of title 10, United States Code,
is amended--
(A) in the section heading, by inserting ``resiliency and''
before ``conservation construction projects''; and
(B) in subsection (a), by striking ``military construction
project for energy conservation'' and inserting ``military
construction project for energy resiliency, energy security, or
energy conservation''.
(2) 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.''.

(b) Notice and Reporting Requirements for Projects.--
(1) Contents of notifications.--
(A) Contents.--Section 2914(b) of title 10, United States
Code, is amended--
(i) by striking ``When a decision'' and inserting ``(1)
When a decision''; and
(ii) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall include in each notification
submitted under paragraph (1) the following information:
``(A) In the case of a military construction project for energy
conservation, the justification and current cost estimate for the
project, the expected savings-to-investment ratio, simple payback
estimates, and the project's measurement and verification cost
estimate.
``(B) In the case of a military construction project for energy
resiliency or energy security, the rationale for how the project
would enhance mission assurance, support mission critical
functions, and address known vulnerabilities.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply with respect to notifications provided during
fiscal year 2017 or any succeeding fiscal year.
(2) Annual report.--Section 2914 of such title is amended by
adding at the end the following new subsection:
``(c) Annual Report.--Not later than 90 days after the end of each
fiscal year (beginning with fiscal year 2017), the Secretary of Defense
shall submit to the appropriate committees of Congress a report on the
status of the planned and active projects carried out under this
section (including completed projects), and shall include in the report
with respect to each such project the following information:
``(1) The title, location, a brief description of the scope of
work, the original project cost estimate, and the current working
cost estimate.
``(2) In the case of a military construction project for energy
conservation--
``(A) the original expected savings-to-investment ratio and
simple payback estimates and measurement and verification cost
estimate;
``(B) the most current expected savings-to-investment ratio
and simple payback estimates and measurement and verification
plan and costs; and
``(C) a brief description of the measurement and
verification plan and planned funding source.
``(3) In the case of a military construction project for energy
resiliency or energy security, the rationale for how the project
would enhance mission assurance, support mission critical
functions, and address known vulnerabilities.
``(4) Such other information as the Secretary considers
appropriate.''.
SEC. 2806. ADDITIONAL ENTITIES ELIGIBLE FOR PARTICIPATION IN DEFENSE
LABORATORY MODERNIZATION PILOT PROGRAM.
Section 2803(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1169; 10 U.S.C. 2358
note) is amended by adding at the end the following:
``(4) A Department of Defense research, development, test, and
evaluation facility that is not designated as a Science and
Technology Reinvention Laboratory, but nonetheless is involved with
developmental test and evaluation.''.
SEC. 2807. EXTENSION OF TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF
CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTENANCE, AND REPAIR
PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND KUWAIT
MILITARY FORCES.
Section 2804(f) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1171; 10 U.S.C. 2350j
note) is amended by striking ``September 30, 2020'' and inserting
``September 30, 2030''.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. ACCEPTANCE OF MILITARY CONSTRUCTION PROJECTS AS PAYMENTS IN-
KIND AND IN-KIND CONTRIBUTIONS.
(a) Payments-In-Kind and In-Kind Contributions.--Subsection (f) of
section 2687a of title 10, United States Code, is amended to read as
follows:
``(f) Acceptance of Military Construction Projects As Payments-In-
Kind and In-Kind Contributions.--(1)(A) Except as provided in
subparagraph (B), a military construction project costing more than
$6,000,000 may be accepted as payment-in-kind or as an in-kind
contribution required by a bilateral agreement with a host country only
if that military construction project is authorized by law.
``(B) Subparagraph (A) does not apply to a military construction
project that--
``(i) was specified in a bilateral agreement with a host
country that was entered into before December 26, 2013;
``(ii) was the subject of negotiation between the United States
and a host country as of the date of the enactment of the Military
Construction Authorization Act for Fiscal Year 2015; or
``(iii) was accepted as payment-in-kind for the residual value
of improvements made by the United States at military installations
released to the host country under section 2921 of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of
Public Law 101-510; 10 U.S.C. 2687 note) before December 26, 2013.
``(2)(A) If the Secretary of Defense accepts a military
construction project to be built for Department of Defense personnel
outside the United States as a payment-in-kind or an in-kind
contribution required by a bilateral agreement with a host country, the
Secretary shall submit to the congressional defense committees a
written notification at least 30 days before the initiation date for
any such military construction project.
``(B) A notification under subparagraph (A) with respect to a
proposed military construction project shall include the following:
``(i) The requirements for, and purpose and description of, the
proposed project.
``(ii) The cost of the proposed project.
``(iii) The scope of the proposed project.
``(iv) The schedule for the proposed project.
``(v) Such other details as the Secretary considers relevant.
``(C) Subparagraph (A) shall not apply to a military construction
project authorized in a Military Construction Authorization Act.
``(3) To the extent that a payment-in-kind or an in-kind
contribution is provided under a bilateral agreement with a host
country with respect to a military construction project for which funds
have already been obligated or expended by the Secretary of Defense,
the Secretary shall return to the Treasury funds in an amount equal to
the value of the funds already obligated or expended for the project.
``(4) In this subsection, the term `military construction project'
has the meaning given such term in section 2801 of this title.''.
(b) Conforming Amendment.--Section 2802 of such title is amended by
striking subsection (d).
(c) Repeal.--Section 2803 of the Carl Levin and Howard ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3696) is repealed, and the provisions of law
amended by subsections (a) and (b) of that section shall be restored as
if such section had not been enacted into law.
SEC. 2812. ALLOTMENT OF SPACE AND PROVISION OF SERVICES TO WIC OFFICES
OPERATING ON MILITARY INSTALLATIONS.
(a) Allotment of Space and Provision of Services Authorized.--
Chapter 152 of title 10, United States Code, is amended by inserting
after section 2566 the following new section:
``Sec. 2567. Space and services: provision to WIC offices
``(a) Allotment of Space and Provision of Services Authorized.--
Upon application by a WIC office, the Secretary of a military
department may allot space on a military installation under the
jurisdiction of the Secretary to the WIC office without charge for rent
or services if the Secretary determines that--
``(1) the WIC office provides or will provide services solely
to members of the armed forces assigned to the installation,
civilian employees of the Department of Defense employed at the
installation, or dependents of such members or employees;
``(2) space is available on the installation;
``(3) operation of the WIC office will not hinder military
mission requirements; and
``(4) the security situation at the installation permits the
presence of a non-Federal entity on the installation.
``(b) Definitions.--In this section:
``(1) The term `services' includes the provision of lighting,
heating, cooling, and electricity.
``(2) The term `WIC office' means a local agency (as defined in
subsection (b)(6) of section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786)) that participates in the special supplemental
nutrition program for women, infants, and children under such
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 152 of title 10, United States Code, is amended by inserting
after the item relating to section 2566 the following new item:

``2567. Space and services: provision to WIC offices''.
SEC. 2813. SENSE OF CONGRESS REGARDING INCLUSION OF STORMWATER SYSTEMS
AND COMPONENTS WITHIN THE MEANING OF ``WASTEWATER SYSTEM'' UNDER THE
DEPARTMENT OF DEFENSE AUTHORITY FOR CONVEYANCE OF UTILITY SYSTEMS .
It is the sense of Congress that the reference to a system for the
collection or treatment of wastewater in the definition of ``utility
system'' in section 2688 of title 10, United States Code, which
authorizes the Department of Defense to convey utility systems,
includes stormwater systems and components.
SEC. 2814. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF DEFENSE
INSTALLATIONS.
(a) Report Required.--
(1) Update of 2011 assessment on school capacity and
condition.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees an update of the assessment on the
capacity and facility condition deficiencies of elementary and
secondary public schools on military installations conducted by the
Secretary in July 2011 under section 8109 of the Department of
Defense and Full-Year Continuing Appropriations Act, 2011 (Public
Law 112-10; 125 Stat. 82). In updating the assessment, the
Secretary shall take into consideration factors including--
(A) schools that have had changes in their condition or
capacity since the original assessment; and
(B) the capacity and facility condition deficiencies of
schools that may have been inadvertently omitted from the
original assessment.
(2) Additional information.--The Secretary shall include in the
update submitted under paragraph (1) a report on the status of the
funds already appropriated, and the schedule for the completion of
projects already approved, under the programs funded under section
8109 of the Department of Defense and Full-Year Continuing
Appropriations Act, 2011 (Public Law 112-10; 125 Stat. 82), section
8118 of the Consolidated Appropriations Act, 2012 (Public Law 112-
74; 125 Stat. 833), section 8108 of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat.
322), and section 8107 of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2255).
(b) Comptroller General Evaluation.--Not later than 180 days after
the date of the submission of the report under subsection (a), the
Comptroller General of the United States shall submit to the
congressional defense committees an evaluation of the updated
assessment prepared by the Secretary of Defense under paragraph (1) of
subsection (a), including an evaluation of the accuracy and analytical
sufficiency of the updated assessment.
SEC. 2815. PRIOR CERTIFICATION REQUIRED FOR USE OF DEPARTMENT OF
DEFENSE FACILITIES BY OTHER FEDERAL AGENCIES FOR TEMPORARY HOUSING
SUPPORT.
The Secretary of Defense shall not sign a memorandum of agreement
with another Federal agency to provide the agency with a vacant
facility for purposes of temporary housing support unless the Secretary
first submits to the Committees on Armed Services of the House of
Representatives and Senate a certification that the provision of the
facility to the agency for such purpose will not negatively affect
military training, operations, readiness, or other military
requirements, including National Guard and Reserve readiness.

Subtitle C--Land Conveyances

SEC. 2821. LAND CONVEYANCE, HIGH FREQUENCY ACTIVE AURORAL RESEARCH
PROGRAM FACILITY AND ADJACENT PROPERTY, GAKONA, ALASKA.
(a) Conveyances Authorized.--
(1) Conveyance to university of alaska.--The Secretary of the
Air Force may convey to the University of Alaska (in this section
referred to as the ``University'') all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 1,158 acres near
the Gulkana Village, Alaska, which was purchased by the Secretary
of the Air Force from Ahtna, Incorporated, in January 1989, contain
a High Frequency Active Auroral Research Program facility, and
comprise a portion of the property more particularly described in
subsection (b), for the purpose of permitting the University to use
the conveyed property for public purposes.
(2) Conveyance to alaska native corporation.--The Secretary of
the Air Force may convey to Ahtna, Incorporated (in this section
referred to as ``Ahtna''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 4,259 acres near
Gulkana Village, Alaska, which was purchased by the Secretary of
the Air Force from Ahtna, Incorporated, in January 1989 and
comprise the portion of the property more particularly described in
subsection (b) that does not contain the High Frequency Active
Auroral Research Program facility. The property to be conveyed
under this paragraph does not include any of the property
authorized for conveyance to the University under paragraph (1).
(b) Property Described.--Subject to the property exclusions
specified in subsection (c), the real property authorized for
conveyance under subsection (a) consists of portions of sections within
township 7 north, range 1 east; township 7 north, range 2 east;
township 8 north, range 1 east; and township 8 north, range 2 east;
Copper River Meridian, Chitina Recording District, Third Judicial
District, State of Alaska, as follows:
(1) Township 7 north, range 1 east:
(A) Section 1.
(B) E\1/2\, S\1/2\NW\1/4\, SW\1/4\ of section 2.
(C) S\1/2\SE\1/4\, NE\1/4\SE\1/4\ of section 3.
(D) E\1/2\ of section 10.
(E) Sections 11 and 12.
(F) That portion of N\1/2\, N\1/2\S\1/2\ of section 13,
excluding all lands lying southerly and easterly of the Glenn
Highway right-of-way.
(G) N\1/2\, N\1/2\S\1/2\ of section 14.
(H) NE\1/4\, NE\1/4\SE\1/4\ of section 15.
(2) Township 7 north, range 2 east:
(A) W\1/2\ of section 6.
(B) NW\1/4\ of section 7, and the portion of N\1/2\SW\1/4\
and NW\1/4\SE\1/4\ of such section lying northerly of the Glenn
Highway right-of-way.
(3) Township 8 north, range 1 east:
(A) SE\1/4\SE\1/4\ of section 35.
(B) E\1/2\, SW\1/4\, SE\1/4\NW\1/4\ of section 36.
(4) Township 8 north, range 2 east:
(A) W\1/2\ of section 31.
(c) Exclusion of Certain Property.--The real property authorized
for conveyance under subsection (a) may not include the following:
(1) Public easements reserved pursuant to section 17(b) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)), as
described in the Warranty Deed from Ahtna, Incorporated, to the
United States, dated March 1, 1990, recorded in Book 31, pages 665
through 668 in the Chitina Recording District, Third Judicial
District, Alaska.
(2) Easement for an existing trail as described in such
Warranty Deed from Ahtna, Incorporated, to the United States.
(3) The subsurface estate.
(d) Consideration.--
(1) Conveyance to university.--As consideration for the
conveyance of property under subsection (a)(1), the University
shall provide the United States with consideration in an amount
that is acceptable to the Secretary of the Air Force, whether in
the form of cash payment, in-kind consideration, or a combination
thereof.
(2) Conveyance to ahtna.--As consideration for the conveyance
of property under subsection (a)(2), Ahtna shall provide the United
States with consideration in an amount that is acceptable to the
Secretary, whether in the form of cash payment, in-kind
consideration, a land exchange under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), or a combination thereof.
(3) Treatment of cash consideration received.--Any cash payment
received by the Secretary as consideration for a conveyance under
subsection (a) shall be deposited in the special account in the
Treasury established under subsection (b) of section 572 of title
40, United States Code, and shall be available in accordance with
paragraph (5)(B) of such subsection.
(e) Reversionary Interest.--If the Secretary of the Air Force
determines at any time that the real property conveyed under subsection
(a)(1) is not being used by the University in accordance with the
purposes of the conveyance specified in such subsection, all right,
title, and interest in and to the property, including any improvements
thereto, shall, at the option of the Secretary, revert to and become
the property of the United States, and the United States shall have the
right of immediate entry onto such property. A determination by the
Secretary under this subsection shall be made on the record after an
opportunity for a hearing.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the recipient of real property under this section to cover
all costs to be incurred by the Secretary, or to reimburse the
Secretary for such costs incurred by the Secretary, to carry out
the conveyance of that property, including survey costs, costs for
environmental documentation, and any other administrative costs
related to the conveyance. If amounts are collected in advance of
the Secretary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the conveyance, the Secretary shall refund the excess amount to the
recipient.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out a conveyance under this section shall be credited and
made available to the Secretary as provided in section 2695(c) of
title 10, United States Code.
(g) Conveyance Agreement.--The conveyance of property under this
section shall be accomplished using a quitclaim deed or other legal
instrument and upon terms and conditions mutually satisfactory to the
Secretary of the Air Force and the recipient of the property, including
such additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2822. LAND CONVEYANCE, CAMPION AIR FORCE RADAR STATION, GALENA,
ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the Town of Galena, Alaska (in this
section referred to as the ``Town''), all right, title, and interest of
the United States in and to a parcel of real property, including
improvements thereon, at the former Campion Air Force Station, Alaska,
as further described in subsection (b), for the purpose of permitting
the Town to use the conveyed property for public purposes. The
conveyance under this subsection is subject to valid existing rights.
(b) Description of Property.--The property to be conveyed under
subsection (a) consists of up to approximately 1,300 acres of the
remaining land withdrawn under Public Land Order No. 843 of June 24,
1952, and Public Land Order No. 1405 of April 4, 1957, for use by the
Secretary of the Air Force as the former Campion Air Force Station. The
portions of the former Air Force Station that are not authorized to be
conveyed under subsection (a) are those portions that are subject to
environmental land use restrictions or are undergoing environmental
remediation by the Secretary of the Air Force as of the date of such
conveyance.
(c) Reversionary Interest.--If the Secretary of the Air Force
determines at any time that the real property conveyed under subsection
(a) is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and to
the land, including any improvements thereto, shall, at the option of
the Secretary, revert to and become the property of the United States,
and the United States shall have the right of immediate entry onto such
real property. A determination by the Secretary under this subsection
shall be made on the record after an opportunity for a hearing.
(d) Conveyance Agreement.--The conveyance of land under this
section shall be accomplished using a quitclaim deed or other legal
instrument and upon terms and conditions mutually satisfactory to the
Secretary of the Air Force, after consulting with the Secretary of the
Interior, and the Town, including such additional terms and conditions
as the Secretary of the Air Force, after consulting with the Secretary
of the Interior, considers appropriate to protect the interests of the
United States.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Town to cover all costs (except costs for environmental
remediation of the property) to be incurred by the Secretary of the
Air Force and by the Secretary of the Interior, or to reimburse the
appropriate Secretary for such costs incurred by the Secretary, to
carry out the conveyance under this section, including survey
costs, costs for environmental documentation, and any other
administrative costs related to the conveyance. If amounts are
collected from the Town in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
appropriate Secretary shall refund the excess amount to the Town.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
of the Air Force or by the Secretary of the Interior to carry out
the conveyance under subsection (a) shall be credited to the fund
or account that was used to cover the costs incurred by the
appropriate Secretary in carrying out the conveyance, or to an
appropriate fund or account currently available to the appropriate
Secretary for the purposes for which the costs were paid. Amounts
so credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to the
same conditions and limitations, as amounts in such fund or
account.
(f) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Air Force, in
consultation with the Secretary of the Interior, shall finalize a map
and the legal description of the real property to be conveyed under
subsection (a). The Secretary of the Air Force may correct any minor
errors in the map or the legal description. The map and legal
description shall be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(g) Supersedence of Public Land Orders.--Public Land Order Nos. 843
and 1405 are hereby superseded, but only insofar as the orders affect
the lands conveyed to the Town under subsection (a).
SEC. 2823. LEASE, JOINT BASE ELMENDORF-RICHARDSON, ALASKA.
(a) Leases Authorized.--
(1) Lease to municipality of anchorage.--The Secretary of the
Air Force may lease to the Municipality of Anchorage, Alaska,
certain real property, to include improvements thereon, at Joint
Base Elmendorf-Richardson (``JBER''), Alaska, as more particularly
described in subsection (b) for the purpose of permitting the
Municipality to use the leased property for recreational purposes.
(2) Lease to mountain view lions club.--The Secretary of the
Air Force may lease to the Mountain View Lions Club certain real
property, to include improvements thereon, at JBER, as more
particularly described in subsection (b) for the purpose of the
installation, operation, maintenance, protection, repair, and
removal of recreational equipment.
(b) Description of Property.--
(1) The real property to be leased under subsection (a)(1)
consists of the real property described in Department of the Air
Force Lease No. DACA85-1-99-14.
(2) The real property to be leased under subsection (a)(2)
consists of real property described in Department of the Air Force
Lease No. DACA85-1-97-36.
(c) Term and Conditions of Leases.--
(1) Term of leases.--The term of the leases authorized under
subsection (a) shall not exceed 25 years.
(2) Other terms and conditions.--Except as otherwise provided
in this section--
(A) the remaining terms and conditions of the lease under
subsection (a)(1) shall consist of the same terms and
conditions described in Department of the Air Force Lease No.
DACA85-1-99-14; and
(B) the remaining terms and conditions of the lease under
subsection (a)(2) shall consist of the same terms and
conditions described in Department of the Air Force Lease No.
DACA85-1-97-36.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the leases
under this section as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2824. TRANSFER OF ADMINISTRATIVE JURISDICTIONS, NAVAJO ARMY DEPOT,
ARIZONA.
(a) In General.--All administrative jurisdiction of the Secretary
of Agriculture over 28,423 acres of National Forest System land located
within the Kaibab National Forest and the Coconino National Forest
shown on the map entitled ``Navajo Army Depot Jurisdiction'' and dated
July 19, 2016, is hereby transferred to the Secretary of the Army.
(b) Volunteer Mountain Lookout.--
(1) Agreement.--The Secretary of the Army and the Secretary of
Agriculture shall enter into an agreement to authorize the
Secretary of Agriculture to occupy, access by vehicle, and use
Volunteer Mountain Lookout for the purposes of wildfire detection
and reporting for as long as needed by the Secretary of
Agriculture.
(2) Maintenance.--The Secretary of Agriculture shall be
responsible for maintaining the Volunteer Mountain Lookout
structure. The Secretary of the Army, in coordination with the
Secretary of Agriculture, shall be responsible for maintaining road
access to Volunteer Mountain Lookout.
(c) Restoration or Remediation.--The Secretary of the Army shall be
responsible for, and fund any environmental restoration or remediation
that is required for, the abatement of any release of hazardous
substances, pollutants, contaminants, or petroleum products on the land
referenced in subsection (a), and shall hold harmless the Secretary of
Agriculture from any financial obligation to contribute to any such
restoration or remediation.
(d) Revocation.--Public Land Order 59 (dated November 12, 1942) and
Public Land Order 176 (dated September 29, 1943) are hereby revoked.
(e) Reversionary Interest.--On the request of the owners of the
Camp Navajo railroad 1 parcel and the Camp Navajo railroad 2 parcel,
any reversionary interest of the United States pursuant to the Act of
July 27, 1866 (14 Stat. 292, chapter 278), in and to the Camp Navajo
railroad 1 parcel shall be transferred to the Camp Navajo railroad 2
parcel.
(f) Release.--On transfer of the reversionary interest under
subsection (e), the Camp Navajo railroad 1 parcel shall no longer be
subject to the reversionary interest described in that subsection.
(g) Definitions.--In this section:
(1) Camp navajo railroad 1 parcel.--The term ``Camp Navajo
railroad 1 parcel'' means the land described in the deed recorded
in Coconino County, Arizona, on October 6, 2014, as document number
3703647.
(2) Camp navajo railroad 2 parcel.--The term ``Camp Navajo
railroad 2 parcel'' means the parcel of land as described in the
deed recorded in Coconino County, Arizona, on June 2, 2006, as
document number 3386576.
SEC. 2825. EXCHANGE OF PROPERTY INTERESTS, SAN DIEGO UNIFIED PORT
DISTRICT, CALIFORNIA.
(a) Exchange of Property Interests Authorized.--
(1) Interests to be conveyed.--The Secretary of the Navy
(hereafter referred to as the ``Secretary'') may convey to the San
Diego Unified Port District (hereafter referred to as the
``District'') all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon and, without limitation, any leasehold interests of the
United States therein, consisting of approximately 0.33 acres and
identified as Parcel No. 4 on District Drawing No. 018-107 (April
2013). This parcel contains 48 parking spaces central to the
mission conducted on the site of the Navy's leasehold interest at
1220 Pacific Highway, San Diego, California.
(2) Interests to be acquired.--In exchange for the property
interests described in paragraph (1), the Secretary may accept from
the District property interests of equal value and similar utility,
as determined by the Secretary, located within immediate proximity
to the property described in paragraph (1), that provide the rights
to an equivalent number of parking spaces of equal value (subject
to subsection (c)(1)).
(b) Encumbrances.--
(1) No acceptance of property with encumbrances precluding use
as parking spaces.--In an exchange of property interests under
subsection (a), the Secretary may not accept any property under
subsection (a)(2) unless the property is free of encumbrances that
would preclude the Department of the Navy from using the property
for parking spaces, as determined under paragraph (2).
(2) Determination of freedom from encumbrances.--For purposes
of paragraph (1), a property shall be considered to be free of
encumbrances that would preclude the Department of the Navy from
using the property for parking spaces if--
(A) the District guarantees and certifies that the property
is free of such encumbrances under its own authority to
preclude the use of the property for parking spaces; and
(B) the District obtains guarantees and certifications from
appropriate entities of the State and units of local government
that the property is free of any such encumbrances that may be
in place pursuant to the Tidelands Trust, the North Embarcadero
Visionary Plan, the Downtown Community Plan, or any other law,
regulation, plan, or document.
(c) Equalization.--
(1) Transfer of rights to additional parking spaces.--If the
value of the property interests described in subsection (a)(1) is
greater than the value of the property interests and rights to
parking spaces described in subsection (a)(2), the values shall be
equalized by the transfer to the Secretary of rights to additional
parking spaces.
(2) No authorization of cash equalization payments from
secretary.--If the value of the property interests and parking
rights described in subsection (a)(2) are greater than the value of
the property interests described in subsection (a)(1), the
Secretary may not make a cash equalization payment to equalize the
values.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the District
to cover all costs to be incurred by the Secretary, or to reimburse
the Secretary for such costs incurred by the Secretary, to carry
out the exchange of property interests under this section,
including survey costs, costs related to environmental
documentation, real estate due diligence such as appraisals, and
any other administrative costs related to the exchange of property
interests. If amounts are collected from the District in advance of
the Secretary incurring the actual costs and the amount collected
exceeds the costs actually incurred by the Secretary to carry out
the exchange of property interests, the Secretary shall refund the
excess amount to the District.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the
Secretary in carrying out the exchange of property interests.
Amounts so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and subject
to the same conditions and limitations, as amounts in such fund or
account.
(e) Description of Property.--The exact acreage and legal
description of the property interests to be exchanged under this
section shall be determined by surveys satisfactory to the Secretary.
(f) Conveyance Agreement.--The exchange of property interests under
this section shall be accomplished using a lease, lease amendment, or
other legal instrument and upon terms and conditions mutually
satisfactory to the Secretary and the District, including such
additional terms and conditions as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2826. RELEASE OF PROPERTY INTERESTS RETAINED IN CONNECTION WITH
LAND CONVEYANCE, EGLIN AIR FORCE BASE, FLORIDA.
(a) Release of Exceptions, Limitations, and Conditions in Deeds.--
With respect to approximately 126 acres of real property in Okaloosa
County, Florida, more particularly described in subsection (b), which
were conveyed by the United States to the Air Force Enlisted Mens'
Widows and Dependents Home Foundation, Incorporated (``Air Force
Enlisted Village''), the Secretary of the Air Force may release,
without consideration, any and all exceptions, limitations, and
conditions specified by the United States in the deeds conveying such
real property.
(b) Property Described.--The real property subject to subsection
(a) was part of Eglin Air Force, Florida, and consists of all parcels
conveyed in exchange for fair market value cash payment by the Air
Force Enlisted Village pursuant to section 809(c) of the Military
Construction Authorization Act, 1979 (Public Law 95-356; 92 Stat. 587),
as amended by section 2826 of the Military Construction Authorization
Act, 1989 (Public Law 100-456; 102 Stat. 2123), and section 2861 of the
Military Construction Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2223).
(c) Instrument of Release and Description of Property.--The
Secretary may execute and record in the appropriate office a deed of
release, amended deed, or other appropriate instrument reflecting the
release of exceptions, limitations, and conditions under subsection
(a).
(d) Payment of Administrative Costs.--
(1) Payment required.--The Secretary may require the Air Force
Enlisted Village to pay for any costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the release under subsection (a), including
survey costs, costs related to environmental documentation, and
other administrative costs related to the release. If amounts paid
to the Secretary in advance exceed the costs actually incurred by
the Secretary to carry out the release, the Secretary shall refund
the excess amount to the Air Force Enlisted Village.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the release under subsection (a) shall be credited and
made available to the Secretary as provided in section 2695(c) of
title 10, United States Code.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the release of
exceptions, limitations, and conditions under subsection (a) as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2827. LAND EXCHANGE, FORT HOOD, TEXAS.
(a) Exchange Authorized.--The Secretary of the Army may convey to
the City of Copperas Cove, Texas (in this section referred to as the
``City''), all right, title, and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 437 acres at Fort Hood, Texas, for the
purpose of permitting the City to improve arterial transportation
routes in the vicinity of Fort Hood and to promote economic development
in the area of the City and Fort Hood.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall convey to the Secretary of the Army all
right, title, and interest of the City in and to one or more parcels of
real property that are acceptable to the Secretary. The fair market
value of the real property acquired by the Secretary under this
subsection shall be at least equal to the fair market value of the real
property conveyed under subsection (a), as determined by appraisals
acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by surveys satisfactory to the Secretary of the
Army.
(d) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary of the Army shall require
the City to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary, to
carry out the conveyances under this section, including survey
costs related to the conveyances. If amounts are collected from the
City in advance of the Secretary incurring the actual costs, and
the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyances, the Secretary shall refund
the excess amount to the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the conveyances under this section shall be credited
to the fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyances. Amounts so credited
shall be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyances under this section as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2828. LAND CONVEYANCE, P-36 WAREHOUSE, COLBERN UNITED STATES ARMY
RESERVE CENTER, LAREDO, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Laredo Community College (in this section
referred to as the ``LCC'') all right, title, and interest of the
United States in and to a parcel of real property consisting of
approximately 0.077 acres, including the approximately 725 sq. ft.
Historic Building, P-36 Warehouse, and other improvements thereon, at
Colbern United States Army Reserve Center, Laredo, Texas, for the
purposes of educational use and historic preservation.
(b) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall require
the LCC to cover costs (except costs for environmental remediation
of the property) to be incurred by the Secretary, or to reimburse
the Secretary for such costs incurred by the Secretary, to carry
out the conveyance under subsection (a), including survey costs,
costs for environmental documentation, and any other administrative
costs related to the conveyance. If amounts are collected from the
LCC in advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund
the excess amount to the LCC.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Army.
(d) Reversionary Interest.--
(1) Reversion.--If the Secretary of the Army determines at any
time that the property conveyed under subsection (a) is not being
used in accordance with the purpose of the conveyance specified in
subsection (a), all right, title, and interest in and to such
property, including any improvements thereto, shall, at the option
of the Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate
entry onto such property. A determination by the Secretary under
this paragraph shall be made on the record after an opportunity for
a hearing.
(2) Payment of consideration in lieu of reversion.--In lieu of
exercising the right of reversion retained under paragraph (1) with
respect to the property conveyed under subsection (a), the
Secretary may require the LCC to pay to the United States an amount
equal to the fair market value of the property conveyed, as
determined by the Secretary.
(3) Treatment of cash consideration.--Any cash payment received
by the United States under paragraph (2) shall be deposited in the
special account in the Treasury established under subsection (b) of
section 572 of title 40, United States Code, and shall be available
in accordance with paragraph (5)(B) of such subsection.
(e) Additional Terms.--The Secretary of the Army may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2829. LAND CONVEYANCE, ST. GEORGE NATIONAL GUARD ARMORY, ST.
GEORGE, UTAH.
(a) Land Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to the State of Utah all right, title,
and interest of the United States in and to a parcel of public land in
St. George, Utah, comprising approximately 70 acres, as described in
Public Land Order 6840 published in the Federal Register on March 29,
1991 (56 Fed. Reg. 13081), and containing the St. George National Guard
Armory for the purpose of permitting the Utah National Guard to use the
conveyed land for military purposes.
(b) Termination of Prior Administrative Action.--The Public Land
Order described in subsection (a), which provided for a 20-year
withdrawal of the public land described in the Public Land Order, is
withdrawn upon conveyance of the land under this section.
(c) Description of Property.--The exact acreage and legal
description of the property to be conveyed under this section shall be
determined by a survey satisfactory to the Secretary of the Interior.
(d) Conveyance Agreement.--The conveyance under this section shall
be accomplished using a quitclaim deed or other legal instrument and
upon terms and conditions mutually satisfactory to the Secretary of the
Interior and the State of Utah, including such additional terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
(e) Reversionary Interest.--If the Secretary of the Interior
determines at any time that the property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in subsection (a), all right, title, and interest in and to
such property, including any improvements thereto, shall, at the option
of the Secretary, revert to and become the property of the United
States, and the United States shall have the right of immediate entry
onto such property. A determination by the Secretary under this
paragraph shall be made on the record after an opportunity for a
hearing.
SEC. 2829A. LAND ACQUISITIONS, ARLINGTON COUNTY, VIRGINIA.
(a) Acquisition Authorized.--
(1) In general.--The Secretary of the Army may acquire by
purchase, exchange, donation, or by other means, including
condemnation, which the Secretary determines is sufficient for the
expansion of Arlington National Cemetery for purposes of ensuring
maximization of interment sites and compatible use of adjacent
properties, including any appropriate cemetery or memorial parking,
all right, title, and interest in and to land--
(A) from Arlington County (in this section referred to as
the ``County''), one or more parcels of real property in the
area known as the Southgate Road right-of-way, Columbia Pike
right-of-way, and South Joyce Street right-of-way located in
Arlington County, Virginia; and
(B) from the Commonwealth of Virginia (in this section
referred to as the ``Commonwealth''), one or more parcels of
property in the area known as the Columbia Pike right-of-way,
including the Washington Boulevard-Columbia Pike interchange,
but excluding the Virginia Department of Transportation
Maintenance and Operations Facility.
(2) Selection of property for acquisition.--The Memorandum of
Understanding between the Department of the Army and Arlington
County signed in January 2013 shall be used as a guide in
determining the properties to be acquired under this section to
expand Arlington National Cemetery to the maximum extent
practicable. After consultation with the Commonwealth and the
County, the Secretary shall determine the exact parcels to be
acquired, and such determination shall be final. In selecting the
properties to be acquired under paragraph (1), the Secretary shall
seek--
(A) to remove existing barriers to the expansion of
Arlington National Cemetery north of Columbia Pike through a
realignment of Southgate Road to the western boundary of the
former Navy Annex site; and
(B) to support the realignment and straightening of
Columbia Pike and redesign of the Washington Boulevard-Columbia
Pike interchange.
(3) Consideration.--The Secretary is authorized to expend
amounts up to fair market value consideration for the interests in
land acquired under this subsection.
(b) Exchange Authorized.--
(1) Exchange.--In carrying out the acquisition authorized in
subsection (a), in lieu of the consideration authorized under
subsection (a)(3), the Secretary may convey through land exchange--
(A) to the County, all right, title, and interest of the
United States in and to one or more parcels of real property,
together with any improvements thereon, located south of
current Columbia Pike and west of South Joyce Street in
Arlington County, Virginia;
(B) to the Commonwealth, all right, title, and interest of
the United States in and to one or more parcels of property
east of Joyce Street in Arlington County, Virginia, necessary
for the realignment of Columbia Pike and the Washington
Boulevard-Columbia Pike interchange, as well as for future
improvements to Interstate 395 ramps; and
(C) to either the County or the Commonwealth, other real
property under control of the Secretary determined by the
Secretary to be excess to the needs of the Army.
(2) Exchange value.--
(A) Minimum value.--The Secretary shall obtain no less than
fair market value consideration for any property conveyed under
this subsection.
(B) Cash equalization.--Where the value of property to be
exchanged is greater than the value of property to be acquired
by the Secretary, the Secretary may accept cash equalization
payments.
(C) Treatment of cash consideration received.--Any cash
payment received by the United States as consideration for the
conveyance under subparagraph (B) shall be deposited in the
special account in the Treasury established under subsection
(b) of section 572 of title 40, United States Code, and shall
be available in accordance with paragraph (5)(B) of such
subsection or, in the case of conveyance of excess property
located on a military installation closed under the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), shall be deposited
in the special account established under section 2906 of such
Act.
(c) Appraisals.--The value of property to be acquired or conveyed
under this section shall be determined by appraisals acceptable to the
Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be acquired or conveyed under this
section shall be determined by surveys satisfactory to the Secretary,
in consultation with the Commonwealth and the County where practicable.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with transactions
authorized under this section as is considered appropriate to protect
the interests of the United States.
(f) Repeal of Authority.--Section 2841 of the Military Construction
Authorization Act for Fiscal Year 2015 (division B of Public Law 113-
291; 128 Stat. 3712) is repealed.
SEC. 2829B. RELEASE OF RESTRICTIONS, RICHLAND INNOVATION CENTER,
RICHLAND, WASHINGTON.
(a) Release Authorized.--The Secretary of Transportation, acting
through the Maritime Administrator and in consultation with the
Administrator of General Services, may, upon receipt of full
consideration as provided in subsection (b), release all remaining
right, title, and interest of the United States in and to a parcel of
real property, including any improvements thereon, in Richland,
Washington, consisting as of the date of the enactment of this Act of
approximately 71.5 acres and containing personal and real property, to
the Port of Benton (hereafter in this section referred to as the
``Port'').
(b) Consideration.--
(1) Consideration required.--As consideration for the release
under subsection (a), the Port shall provide an amount that is
acceptable to the Secretary of Transportation, whether by cash
payment, in-kind consideration as described under paragraph (2), or
a combination thereof, at such time as the Secretary may require.
The Secretary may determine the level of acceptable consideration
under this paragraph on the basis of the value of the restrictions
released under subsection (a), but only if the value of such
restrictions is determined without regard to any improvements made
by the Port.
(2) In-kind consideration.--In-kind consideration provided by
the Port under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or combination
thereof, of any facility or infrastructure under the jurisdiction
of any office of the Federal Government.
(3) Treatment of consideration received.--Consideration in the
form of cash payment received by the Secretary under paragraph (1)
shall be deposited in the separate fund in the Treasury described
in section 572(a)(1) of title 40, United States Code.
(c) Payment of Cost of Release.--
(1) Payment required.--The Secretary of Transportation shall
require the Port to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for such costs incurred by the
Secretary, to carry out the release under subsection (a), including
survey costs, costs for environmental documentation related to the
release, and any other administrative costs related to the release.
If amounts are collected from the Port in advance of the Secretary
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the release,
the Secretary shall refund the excess amount to the Port.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the release under subsection (a) or, if the period
of availability of obligations for that appropriation has expired,
to the appropriations of fund that is currently available to the
Secretary for the same purpose. Amounts so credited shall be merged
with amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property which is the subject of the release
under subsection (a) shall be determined by a survey satisfactory to
the Secretary of Transportation.
(e) Additional Terms and Conditions.--The Secretary of
Transportation may require such additional terms and conditions in
connection with the release under subsection (a) as the Secretary, in
consultation with the Administrator of General Services, considers
appropriate to protect the interests of the United States.
SEC. 2829C. MODIFICATION OF LAND CONVEYANCE, ROCKY MOUNTAIN ARSENAL
NATIONAL WILDLIFE REFUGE.
Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife
Refuge Act of 1992 (Public Law 102-402; 16 U.S.C. 668dd note) is
amended by adding at the end the following new subparagraph:
``(C)(i) Notwithstanding clause (i) of subparagraph (A), the
restriction attached to any deed to any real property designated
for disposal under this section that prohibits the use of the
property for residential or industrial purposes may be modified or
removed if a determination is made that the property will be
protective of human health and the environment for the proposed use
with an adequate margin of safety following the modification or
removal of the restriction.
``(ii) The determination described in clause (i) shall be made
after--
``(I) the performance of a risk assessment pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
``(II) the completion of response actions that are
necessary to protect human health and the environment to allow
for the proposed use.
``(iii) The Secretary of the Army shall not be responsible or
liable for any of the following:
``(I) The cost of the risk assessment performed under
subclause (I) of clause (ii) or any response actions described
in subclause (II) of clause (ii).
``(II) Any damages attributable to the use of property for
residential or industrial purposes as the result of the
modification or removal of a deed restriction pursuant to
clause (i), or the costs of any actions taken in response to
such damages.''.
SEC. 2829D. CLOSURE OF ST. MARYS AIRPORT.
(a) Release of Restrictions.--Subject to subsection (b), the United
States, acting through the Administrator of the Federal Aviation
Administration, shall release the city of St. Marys, Georgia, from all
restrictions, conditions, and limitations on the use, encumbrance,
conveyance, and closure of the St. Marys Airport, to the extent such
restrictions, conditions, and limitations are enforceable by the
Administrator.
(b) Requirements for Release of Restrictions.--The Administrator
shall execute the release under subsection (a) once all of the
following occurs:
(1) The Secretary of the Navy transfers to the Georgia
Department of Transportation the amounts described in subsection
(c) and requires as an enforceable condition on such transfer that
all funds transferred shall be used only for airport development
(as defined in section 47102 of title 49, United States Code) of a
general aviation airport in Georgia, consistent with planning
efforts conducted by the Administrator and the Georgia Department
of Transportation.
(2) The city of St. Marys, for consideration as provided for in
this section, grants to the United States, under the administrative
jurisdiction of the Secretary, a restrictive use easement in the
real property used for the St. Marys Airport, as determined
acceptable by the Secretary, under such terms and conditions as the
Secretary considers necessary to protect the interests of the
United States and prohibiting the future use of such property for
all aviation-related purposes and any other purposes deemed by the
Secretary to be incompatible with the operations, functions, and
missions of Naval Submarine Base, Kings Bay, Georgia.
(3) The Secretary obtains an appraisal to determine the fair
market value of the real property used for the St. Marys Airport in
the manner described in subsection (c)(1).
(4) The Administrator fulfills the obligations under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
in connection with the release under subsection (a). In carrying
out such obligations--
(A) the Administrator shall not assume or consider any
potential or proposed future redevelopment of the current St.
Marys airport property;
(B) any potential new general aviation airport in Georgia
shall be deemed to be not connected with the release noted in
subsection (a) nor the closure of St. Marys Airport; and
(C) any environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
potential general aviation airport in Georgia shall be
considered through an environmental review process separate and
apart from the environmental review made a condition of release
by this section.
(c) Transfer of Amounts Described.--The amounts described in this
subsection are the following:
(1) An amount equal to the fair market value of the real
property of the St. Marys Airport, as determined by the Secretary
and concurred in by the Administrator, based on an appraisal report
and title documentation that--
(A) is prepared or adopted by the Secretary, and concurred
in by the Administrator, not more than 180 days prior to the
transfer described in subsection (b)(1); and
(B) meets all requirements of Federal law and the appraisal
and documentation standards applicable to the acquisition and
disposal of real property interests of the United States.
(2) An amount equal to the unamortized portion of any Federal
development grants (including grants available under a State block
grant program established pursuant to section 47128 of title 49,
United States Code), other than used for the acquisition of land,
paid to the city of St. Marys for use as the St. Marys Airport.
(3) An amount equal to the airport revenues remaining in the
airport account for the St. Marys Airport as of the date of the
enactment of this Act and as otherwise due to or received by the
city of St. Marys after such date of enactment pursuant to sections
47107(b) and 47133 of title 49, United States Code.
(d) Authorization for Transfer of Funds.--Using funds available to
the Department of the Navy for operation and maintenance, the Secretary
may pay the amounts described in subsection (c) to the Georgia
Department of Transportation, conditioned as described in subsection
(b)(1).
(e) Additional Requirements.--
(1) Survey.--The exact acreage and legal description of St.
Marys Airport shall be determined by a survey satisfactory to the
Secretary and concurred in by the Administrator.
(2) Planning of general aviation airport.--Any planning effort
for the development of a new general aviation airport in southeast
Georgia using the amounts described in subsection (c) shall be
conducted in coordination with the Secretary, and shall ensure that
any such airport does not encroach on the operations, functions,
and missions of Naval Submarine Base, Kings Bay, Georgia.
(f) Rule of Construction.--Nothing in this section may be construed
to limit the applicability of--
(1) the requirements and processes under section 46319 of title
49, United States Code;
(2) the requirements and processes under part 157 of title 14,
Code of Federal Regulations; or
(3) the public notice requirements under section 47107(h)(2) of
title 49, United States Code.
SEC. 2829E. TRANSFER OF FORT BELVOIR MARK CENTER CAMPUS FROM THE
SECRETARY OF THE ARMY TO THE SECRETARY OF DEFENSE AND APPLICABILITY OF
CERTAIN PROVISIONS OF LAW RELATING TO THE PENTAGON RESERVATION.
(a) Inclusion of Mark Center Campus Under Pentagon Reservation
Authorities.--
(1) Definition of pentagon reservation.--Paragraph (1) of
subsection (f) of section 2674 of title 10, United States Code, is
amended to read as follows:
``(1) The term `Pentagon Reservation' means the Pentagon, the
Mark Center Campus, and the Raven Rock Mountain Complex.''.
(2) Other definitions.--Such subsection is further amended by
adding at the end the following new paragraphs:
``(3) The term `Pentagon' means that area of land (consisting
of approximately 227 acres) and improvements thereon, including
parking areas, located in Arlington County, Virginia, containing
the Pentagon Office Building and its supporting facilities.
``(4) The term `Mark Center Campus' means that area of land
(consisting of approximately 16 acres) and improvements thereon,
including parking areas, located in Alexandria, Virginia, and known
on the day before the date of the enactment of this paragraph as
the Fort Belvoir Mark Center Campus.
``(5) The term `Raven Rock Mountain Complex' means that area of
land (consisting of approximately 720 acres) and improvements
thereon, including parking areas, at the Raven Rock Mountain
Complex and its supporting facilities located in Maryland and
Pennsylvania.''.
(3) Conforming amendment relating to law enforcement
authority.--Subsection (b)(1) of such section is amended by
inserting ``for the Pentagon Reservation and'' after ``law
enforcement and security functions''.
(4) Conforming amendment relating to definitions.--Subsection
(g) of such section is repealed.
(b) Update to Reference to Secretary of Defense Authority.--
Subsection (a) of such section is amended--
(1) by striking ``Jurisdiction'' and inserting ``The Secretary
of Defense has jurisdiction''; and
(2) by striking ``is transferred to the Secretary of Defense''.
(c) Repeal of Obsolete Reporting Requirement.--Such subsection is
further amended--
(1) by striking ``(1)'' after ``(a)''; and
(2) by striking paragraphs (2) and (3).
(d) Subsection Captions.--Such section is further amended--
(1) in subsection (a), as amended by subsection (c) of this
section, by inserting ``Pentagon Reservation.--'' after ``(a)'';
(2) in subsection (b), by striking ``(b)(1)'' and inserting ``
(b) Law Enforcement Authorities and Personnel.--(1)'';
(3) in subsection (c), by striking ``(c)(1)'' and inserting ``
(c) Regulations and Enforcement.--(1)'';
(4) in subsection (d), by inserting ``Authority To Charge for
Provision of Certain Services and Facilities.--'' after ``(d)'';
(5) in subsection (e), by striking ``(e)(1)'' and inserting ``
(e) Pentagon Reservation Maintenance Revolving Fund.--(1)''; and
(6) in subsection (f), by inserting ``Definitions.--'' after
``(f)''.
SEC. 2829F. RETURN OF CERTAIN LANDS AT FORT WINGATE, NEW MEXICO, TO THE
ORIGINAL INHABITANTS.
(a) Division and Treatment of Lands of Former Fort Wingate Depot
Activity, New Mexico, to Benefit the Zuni Tribe and Navajo Nation.--
(1) Immediate trust on behalf of zuni tribe; exception.--
Subject to valid existing rights and to easements reserved pursuant
to subsection (b), all right, title, and interest of the United
States in and to the lands of Former Fort Wingate Depot Activity
depicted in dark blue on the map titled ``The Fort Wingate Depot
Activity Negotiated Property Division April 2016'' (in this section
referred to as the ``Map'') and transferred to the Secretary of the
Interior are to be held in trust by the Secretary of the Interior
for the Zuni Tribe as part of the Zuni Reservation, unless the Zuni
Tribe otherwise elects under clause (ii) of paragraph (3)(C) to
have the parcel conveyed to it in Restricted Fee Status.
(2) Immediate trust on behalf of the navajo nation;
exception.--Subject to valid existing rights and to easements
reserved pursuant to subsection (b), all right, title, and interest
of the United States in and to the lands of Former Fort Wingate
Depot Activity depicted in dark green on the Map and transferred to
the Secretary of the Interior are to be held in trust by the
Secretary of the Interior for the Navajo Nation as part of the
Navajo Reservation, unless the Navajo Nation otherwise elects under
clause (ii) of paragraph (3)(C) to have the parcel conveyed to it
in Restricted Fee Status.
(3) Subsequent transfer and trust; restricted fee status
alternative.--
(A) Transfer upon completion of remediation.--Not later
than 60 days after the date on which the Secretary of the Army,
with the concurrence of the New Mexico Environment Department,
notifies the Secretary of the Interior that remediation of a
parcel of land of Former Fort Wingate Depot Activity has been
completed consistent with subsection (c), the Secretary of the
Army shall transfer administrative jurisdiction over the parcel
to the Secretary of the Interior.
(B) Notification of transfer.--Not later than 30 days after
the date on which the Secretary of the Army transfers
administrative jurisdiction over a parcel of land of Former
Fort Wingate Depot Activity under subparagraph (A), the
Secretary of the Interior shall notify the Zuni Tribe and
Navajo Nation of the transfer of administrative jurisdiction
over the parcel.
(C) Trust or restricted fee status.--
(i) Trust.--Except as provided in clause (ii), the
Secretary of the Interior shall hold each parcel of land of
Former Fort Wingate Depot Activity transferred under
subparagraph (A) in trust--

(I) for the Zuni Tribe, in the case of land
depicted in blue on the Map; or
(II) for the Navajo Nation, in the case of land
depicted in green on the Map.

(ii) Restricted fee status.--In lieu of having a parcel
of land held in trust under clause (i), the Zuni Tribe,
with respect to land depicted in blue on the Map, and the
Navajo Nation, with respect to land depicted in green on
the Map, may elect to have the Secretary of the Interior
convey the parcel or any portion of the parcel to it in
restricted fee status.
(iii) Notification of election.--Not later than 45 days
after the date on which the Zuni Tribe or the Navajo Nation
receives notice under subparagraph (B) of the transfer of
administrative jurisdiction over a parcel of land of Former
Fort Wingate Depot Activity, the Zuni Tribe or the Navajo
Nation shall notify the Secretary of the Interior of an
election under clause (ii) for conveyance of the parcel or
any portion of the parcel in restricted fee status.
(iv) Conveyance.--As soon as practicable after receipt
of a notice from the Zuni Tribe or the Navajo Nation under
clause (iii), but in no case later than 6 months after
receipt of the notice, the Secretary of the Interior shall
convey, in restricted fee status, the parcel of land of
Former Fort Wingate Depot Activity covered by the notice to
the Zuni Tribe or the Navajo Nation, as the case may be.
(v) Restricted fee status defined.--For purposes of
this section only, the term ``restricted fee status'', with
respect to land conveyed under clause (iv), means that the
land so conveyed--

(I) shall be owned in fee by the Indian tribe to
whom the land is conveyed;
(II) shall be part of the Indian tribe's
Reservation and expressly made subject to the
jurisdiction of the Indian Tribe;
(III) shall not be sold by the Indian tribe without
the consent of Congress;
(IV) shall not be subject to taxation by a State or
local government other than the government of the
Indian tribe; and
(V) shall not be subject to any provision of law
providing for the review or approval by the Secretary
of the Interior before an Indian tribe may use the land
for any purpose, directly or through agreement with
another party.

(4) Survey and boundary requirements.--
(A) In general.--The Secretary of the Interior shall--
(i) provide for the survey of lands of Former Fort
Wingate Depot Activity taken into trust for the Zuni Tribe
or the Navajo Nation or conveyed in restricted fee status
for the Zuni Tribe or the Navajo Nation under paragraph
(1), (2), or (3); and
(ii) establish legal boundaries based on the Map as
parcels are taken into trust or conveyed in restricted fee
status.
(B) Consultation.--Not later than 90 days after the date of
the enactment of this section, the Secretary of the Interior
shall consult with the Zuni Tribe and the Navajo Nation to
determine their priorities regarding the order in which parcels
should be surveyed and, to the greatest extent feasible, the
Secretary shall follow these priorities.
(5) Relation to certain regulations.--Part 151 of title 25,
Code of Federal Regulations, shall not apply to taking lands of
Former Fort Wingate Depot Activity into trust under paragraph (1),
(2), or (3).
(6) Fort wingate launch complex land status.--Upon
certification by the Secretary of Defense that the area generally
depicted as ``Fort Wingate Launch Complex'' on the Map is no longer
required for military purposes and can be transferred to the
Secretary of the Interior--
(A) the areas generally depicted as ``FWLC A'' and ``FWLC
B'' on the Map shall be held in trust by the Secretary of the
Interior for the Zuni Tribe in accordance with this subsection;
and
(B) the areas generally depicted as ``FWLC C'' and ``FWLC
D'' on the Map shall be held in trust by the Secretary of the
Interior for the Navajo Nation in accordance with this
subsection.
(b) Temporary Retention of Necessary Easements and Access.--
(1) Treatment of existing easements, permit rights, and rights-
of-way.--
(A) In general.--The lands of Former Fort Wingate Depot
Activity held in trust or conveyed in restricted fee status
pursuant to subsection (a) shall be held in trust with
easements, permit rights, and rights-of-way, and access
associated with such easements, permit rights, and rights-of-
way, of any applicable utility service provider in existence or
for which an application is pending for existing facilities at
the time of the conveyance or change to trust status, including
the right to upgrade applicable utility services recognized and
preserved, for a period of 40 years beginning on the date of
the conveyance or change to trust status and without the right
of revocation during such period (except as provided in
subparagraph (B)).
(B) Termination.--During the 40-year period referred to in
subparagraph (A), an easement, permit right, or right-of-way
recognized and preserved under subparagraph (A) shall terminate
only--
(i) on the relocation of an applicable utility service
referred to in subparagraph (A), but only with respect to
that portion of the utility facilities that are relocated;
or
(ii) with the consent of the holder of the easement,
permit right, or right-of-way.
(C) Additional easements.--During the 40-year period
referred to in subparagraph (A), the Secretary of the Interior
shall grant to a utility service provider, without
consideration, such additional easements across lands held in
trust or conveyed in restricted fee status pursuant to
subsection (a) as the Secretary considers necessary to
accommodate the relocation or reconnection of a utility service
existing on the date of enactment of this section.
(2) Access for environmental response actions.--The lands of
Former Fort Wingate Depot Activity held in trust or conveyed in
restricted fee status pursuant to subsection (a) shall be subject
to reserved access by the United States as the Secretary of the
Army and the Secretary of the Interior determine are reasonably
required to permit access to lands of Former Fort Wingate Depot
Activity for administrative and environmental response purposes.
The Secretary of the Army shall provide to the governments of the
Zuni Tribe and the Navajo Nation written copies of all access
reservations under this subsection.
(3) Shared access.--
(A) Parcel 1 shared cultural and religious access.--In the
case of the lands of Former Fort Wingate Depot Activity
depicted as Parcel 1 on the Map, the lands shall be held in
trust subject to a shared easement for cultural and religious
purposes only. Both the Zuni Tribe and the Navajo Nation shall
have unhindered access to their respective cultural and
religious sites within Parcel 1. Within 1 year after the date
of the enactment of this section, the Zuni Tribe and the Navajo
Nation shall exchange detailed information to document the
existence of cultural and religious sites within Parcel 1 for
the purpose of carrying out this subparagraph. The information
shall also be provided to the Secretary of the Interior.
(B) Other shared access.--Subject to the written consent of
both the Zuni Tribe and the Navajo Nation, the Secretary of the
Interior may facilitate shared access to other lands held in
trust or restricted fee status pursuant to subsection (a),
including, but not limited to, religious and cultural sites.
(4) I-40 frontage road entrance.--The access road for the
Former Fort Wingate Depot Activity, which originates at the
frontage road for Interstate 40 and leads to the parcel of the
Former Fort Wingate Depot Activity depicted as ``administration
area'' on the Map, shall be held in common by the Zuni Tribe and
Navajo Nation to provide for equal access to Former Fort Wingate
Depot Activity.
(5) Compatibility with defense activities.--The lands of Former
Fort Wingate Depot Activity held in trust or conveyed in restricted
fee status pursuant to subsection (a) shall be subject to
reservations by the United States as the Secretary of Defense
determines are reasonably required to permit access to lands of the
Fort Wingate launch complex for administrative, test operations,
and launch operations purposes. The Secretary of Defense shall
provide the governments of the Zuni Tribe and the Navajo Nation
written copies of all reservations under this paragraph.
(c) Environmental Remediation.--Nothing in this section shall be
construed as alleviating, altering, or affecting the responsibility of
the United States for cleanup and remediation of Former Fort Wingate
Depot Activity in accordance with the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
(d) Prohibition on Gaming.--Any real property of the Former Fort
Wingate Depot Activity and all other real property subject to this
section shall not be eligible, or used, for any gaming activity carried
out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

Subtitle D--Military Memorials, Monuments, and Museums

SEC. 2831. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME OF THE
NATIONAL CRYPTOLOGIC MUSEUM.
(a) Authority To Establish and Operate Center.--Chapter 449 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 4781. Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum
``(a) Establishment.--The Secretary of Defense may establish at a
publicly accessible location at Fort George G. Meade the `Cyber Center
for Education and Innovation-Home of the National Cryptologic Museum'
(in this section referred to as the `Center'). The Center may be used
for the identification, curation, storage, and public viewing of
materials relating to the activities of the National Security Agency,
its predecessor or successor organizations, and the history of
cryptology. The Center may contain meeting, conference, and classroom
facilities that will be used to support such education, training,
public outreach, and other purposes as the Secretary considers
appropriate.
``(b) Design, Construction, and Operation.--The Secretary may enter
into an agreement with the National Cryptologic Museum Foundation (in
this section referred to as the `Foundation'), a nonprofit
organization, for the design, construction, and operation of the
Center.
``(c) Acceptance Authority.--
``(1) Acceptance of facility.--If the Foundation constructs the
Center pursuant to an agreement with the Foundation under
subsection (b), upon satisfactory completion of the Center's
construction or any phase thereof, as determined by the Secretary,
and upon full satisfaction by the Foundation of any other
obligations pursuant to such agreement, the Secretary may accept
the Center (or any phase thereof) from the Foundation, and all
right, title, and interest in the Center or such phase shall vest
in the United States.
``(2) Acceptance of services.--Notwithstanding section 1342 of
title 31, the Secretary may accept services from the Foundation in
connection with the design, construction, and operation of the
Center. For purposes of this section and any other provision of
law, employees or personnel of the Foundation shall not be
considered to be employees of the United States.
``(d) Fees and User Charges.--
``(1) Authority to assess fees and user charges.--The Secretary
may assess fees and user charges sufficient to cover the cost of
the use of Center facilities and property, including rental, user,
conference, and concession fees.
``(2) Use of funds.--Amounts received by the Secretary under
paragraph (1) shall be deposited into the Fund established under
subsection (e).
``(e) Fund.--
``(1) Establishment.--Upon the Secretary's acceptance of the
Center under subsection (c)(1), there is established in the
Treasury a fund to be known as the Cyber Center for Education and
Innovation-Home of the National Cryptologic Museum Fund (in this
section referred to as the `Fund').
``(2) Contents.--The Fund shall consist of the following
amounts:
``(A) Fees and user charges deposited by the Secretary
under subsection (d).
``(B) Any other amounts received by the Secretary which are
attributable to the operation of the Center.
``(3) Use of fund.--Amounts in the Fund shall be available to
the Secretary for the benefit and operation of the Center,
including the costs of operation and the acquisition of books,
manuscripts, works of art, historical artifacts, drawings, plans,
models, and condemned or obsolete combat materiel.
``(4) Continuing availability of amounts.--Amounts in the Fund
shall be available without fiscal year limitation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``4781. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.''.
SEC. 2832. RENAMING SITE OF THE DAYTON AVIATION HERITAGE NATIONAL
HISTORICAL PARK, OHIO.
Section 101(b)(5) of the Dayton Aviation Heritage Preservation Act
of 1992 (16 U.S.C. 410ww(b)(5)) is amended by striking ``Aviation
Center'' and inserting ``National Museum''.
SEC. 2833. WOMEN'S MILITARY SERVICE MEMORIALS AND MUSEUMS.
(a) Authorization.--The Secretary of Defense may provide not more
than $5,000,000 in financial support for the acquisition, installation,
and maintenance of exhibits, facilities, historical displays, and
programs at military service memorials and museums that highlight the
role of women in the military. The Secretary may enter into a contract
with a nonprofit organization for the purpose of performing such
acquisition, installation, and maintenance.
(b) Offset.--Of the funds authorized to be appropriated by section
301 for operation and maintenance, Army, and available for the National
Museum of the United States Army, not more than $5,000,000 shall be
provided, at the discretion of the Secretary of Defense, to carry out
activities under subsection (a).
SEC. 2834. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODIFICATION.
(a) In General.--The boundary of the Petersburg National
Battlefield is modified to include the land and interests in land as
generally depicted on the map titled ``Petersburg National Battlefield
Proposed Boundary Expansion'', numbered 325/80,080, and dated June
2007/March 2016. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(b) Acquisition of Properties.--
(1) Authority.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') is authorized to acquire the
land and interests in land described in subsection (a) from willing
sellers only, by donation, purchase with donated or appropriated
funds, exchange, or transfer.
(2) Technical correction.--Section 313(a) of the National Parks
and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 3479) is
amended by striking ``twenty-one'' and inserting ``23''.
(c) Administration.--The Secretary shall administer any land or
interests in land acquired under subsection (b) as part of the
Petersburg National Battlefield in accordance with applicable laws and
regulations.
(d) Administrative Jurisdiction Transfer.--
(1) In general.--There is transferred--
(A) from the Secretary to the Secretary of the Army
administrative jurisdiction over the approximately 1.170-acre
parcel of land depicted as ``Area to be transferred to Fort Lee
Military Reservation'' on the map described in paragraph (2);
and
(B) from the Secretary of the Army to the Secretary
administrative jurisdiction over the approximately 1.171-acre
parcel of land depicted as ``Area to be transferred to
Petersburg National Battlefield'' on the map described in
paragraph (2).
(2) Map.--The parcels of land described in paragraph (1) are
depicted on the map titled ``Petersburg National Battlefield
Proposed Transfer of Administrative Jurisdiction'', numbered 325/
80,801A, dated May 2011/March 2016. The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(3) Conditions of transfer.--The transfer of administrative
jurisdiction under paragraph (1) is subject to the following
conditions:
(A) No reimbursement or consideration.--The transfer shall
be without reimbursement or consideration.
(B) Management.--
(i) Land transferred to the secretary of the army.--The
land transferred to the Secretary of the Army under
paragraph (1)(A) shall be excluded from the boundary of the
Petersburg National Battlefield.
(ii) Land transferred to the secretary.--The land
transferred to the Secretary under paragraph (1)(B)--

(I) shall be included within the boundary of the
Petersburg National Battlefield; and
(II) shall be administered as part of Petersburg
National Battlefield in accordance with applicable laws
and regulations.

Subtitle E--Designations and Other Matters

SEC. 2841. DESIGNATION OF PORTION OF MOFFETT FEDERAL AIRFIELD,
CALIFORNIA, AS MOFFETT AIR NATIONAL GUARD BASE.
(a) Designation.--The 111-acre cantonment area at Moffett Federal
Airfield, California, utilized by the 129th Rescue Wing of the
California Air National Guard shall be known and designated as
``Moffett Air National Guard Base''.
(b) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the cantonment
area at Moffett Federal Airfield described in subsection (a) shall be
considered to be a reference to Moffett Air National Guard Base.
SEC. 2842. REDESIGNATION OF MIKE O'CALLAGHAN FEDERAL MEDICAL CENTER.
Section 2867 of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2806), as
amended by section 8135(a) of the Department of Defense Appropriations
Act, 1997 (section 101(b) of division A of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-118)), and
as amended by section 2862 of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112-81; 125 Stat.
1701), is further amended--
(1) by striking ``Mike O'Callaghan Federal Medical Center''
each place it appears and inserting ``Mike O'Callaghan Military
Medical Center''; and
(2) in the heading, by striking ``mike o'callaghan'' and all
that follows and inserting ``mike o'callaghan military medical
center.''.
SEC. 2843. REPLENISHMENT OF SIERRA VISTA SUBWATERSHED REGIONAL AQUIFER,
ARIZONA.
The Secretary of the Army or the Secretary of the Interior may
enter into agreements with the Cochise Conservation Recharge Network,
Arizona, in support of water conservation, recharge, and reuse efforts
for the regional aquifer identified under section 321(g) of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1439).
SEC. 2844. LIMITED EXCEPTIONS TO RESTRICTION ON DEVELOPMENT OF PUBLIC
INFRASTRUCTURE IN CONNECTION WITH REALIGNMENT OF MARINE CORPS FORCES IN
ASIA-PACIFIC REGION.
(a) Revision.--Notwithstanding section 2821(b) of the Military
Construction Authorization Act for Fiscal Year 2015 (division B of
Public Law 113-291; 128 Stat. 3701), the Secretary of Defense may
proceed with a public infrastructure project on Guam which is described
in subsection (b) if--
(1) the project was identified in the report prepared by the
Secretary of Defense under section 2822(d)(2) of the Military
Construction Authorization Act for Fiscal Year 2014 (division B of
Public Law 113-66; 127 Stat. 1017); and
(2) amounts have been appropriated or made available to be
expended by the Department of Defense for the project.
(b) Projects Described.--A project described in this subsection is
any of the following:
(1) A project intended to improve water and wastewater systems.
(2) A project intended to improve curation of archeological and
cultural artifacts.
(c) Repeal of Superseded Law.--Section 2821 of the Military
Construction Authorization Act for Fiscal Year 2016 (division B of
Public Law 114-92; 129 Stat. 1177) is repealed.
SEC. 2845. DURATION OF WITHDRAWAL AND RESERVATION OF PUBLIC LAND, NAVAL
AIR WEAPONS STATION CHINA LAKE, CALIFORNIA.
Section 2979 of the Military Construction Authorization Act for
Fiscal Year 2014 (division B of Public Law 113-66; 127 Stat. 1047) is
amended by striking ``March 31, 2039'' and inserting ``March 31,
2064''.

TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition
projects.
Sec. 2903. Authorization of appropriations.
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of the Navy may acquire real property and carry out
the military construction projects for the installations outside the
United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Djibouti....................................... Camp Lemonier................................. $37,409,000
Iceland........................................ Keflavik....................................... $19,600,000
----------------------------------------------------------------------------------------------------------------

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Air Force may acquire real property and carry
out the military construction projects for the installations outside
the United States, and in the amounts, set forth in the following
table:

Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Bulgaria....................................... Graf Ignatievo................................. $13,400,000
Djibouti....................................... Chabelley Airfield............................ $10,500,000
Estonia........................................ Amari Air Base................................. $6,500,000
Germany........................................ Spangdahlem Air Base........................... $18,700,000
Lithuania...................................... Siauliai....................................... $3,000,000
Poland......................................... Powidz Air Base................................ $4,100,000
Lask Air Base.................................. $4,100,000
Romania........................................ Campia Turzii.................................. $18,500,000
----------------------------------------------------------------------------------------------------------------

SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2016, for the military construction
projects outside the United States authorized by this title as
specified in the funding table in section 4602 and 4603.

TITLE XXX--UTAH TEST AND TRAINING RANGE AND RELATED MATTERS

Subtitle A--Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range

Sec. 3001. Definitions.
Sec. 3002. Memorandum of agreement.
Sec. 3003. Temporary closures.
Sec. 3004. Liability.
Sec. 3005. Community resource advisory group.
Sec. 3006. Savings clauses.

Subtitle B--Bureau of Land Management Land Exchange With State of Utah

Sec. 3011. Definitions.
Sec. 3012. Exchange of Federal land and non-Federal land.
Sec. 3013. Status and management of non-Federal land acquired by the
United States.
Sec. 3014. Hazardous substances.

Subtitle A--Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range

SEC. 3001. DEFINITIONS.
In this subtitle:
(1) BLM land.--The term ``BLM land'' means certain public land
administered by the Bureau of Land Management in the State
comprising approximately 703,621 acres, as generally depicted on
the map entitled ``Utah Test and Training Range Enhancement/West
Desert Land Exchange'' and dated July 21, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Utah.
(4) Utah test and training range.--The term ``Utah Test and
Training Range'' means the portions of the military land and
airspace operating area of the Utah Test and Training Area that are
located in the State, including the Dugway Proving Ground.
SEC. 3002. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the Air
Force shall enter into a memorandum of agreement to authorize the
Secretary of the Air Force, in consultation with the Secretary, to
impose limited closures of the BLM land for military operations and
national security and public safety purposes, as provided in this
subtitle.
(2) Draft.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary and the Secretary of the
Air Force shall complete a draft of the memorandum of agreement
required under paragraph (1).
(B) Public comment period.--During the 30-day period
beginning on the date on which the draft memorandum of
agreement is completed under subparagraph (A), there shall be
an opportunity for public comment on the draft memorandum of
agreement, including an opportunity for the Utah Test and
Training Range Community Resource Advisory Group established
under section 3005 to provide comments on the draft memorandum
of agreement.
(3) Management by secretary.--The memorandum of agreement
entered into under paragraph (1) shall provide that the Secretary
shall continue to manage the BLM land in accordance with the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and applicable land use plans, while allowing for the
temporary closure of the BLM land in accordance with this subtitle.
(4) Permits and rights-of-way.--
(A) In general.--The Secretary shall consult with the
Secretary of the Air Force regarding Utah Test and Training
Range mission requirements before issuing new use permits or
rights-of-way on the BLM land.
(B) Framework.--The Secretary and the Secretary of the Air
Force shall establish within the memorandum of agreement
entered into under paragraph (1) a framework agreed to by the
Secretary and the Secretary of the Air Force for resolving any
disagreement on the issuance of permits or rights-of-way on the
BLM land.
(5) Termination.--
(A) In general.--The memorandum of agreement entered into
under paragraph (1) shall be for a term to be determined by the
Secretary and the Secretary of the Air Force, not to exceed 25
years.
(B) Early termination.--The memorandum of agreement may be
terminated before the date determined under subparagraph (A) if
the Secretary of the Air Force determines that the temporary
closure of the BLM land is no longer necessary to fulfill Utah
Test and Training Range mission requirements.
(b) Map.--The Secretary may correct any minor errors in the map
described in section 3001(1).
(c) Land Safety.--If decontamination of the BLM land is necessary
due to an action of the Air Force, the Secretary of the Air Force
shall--
(1) render the BLM land safe for public use; and
(2) appropriately communicate the safety of the land to the
Secretary on the date on which the BLM land is rendered safe for
public use under paragraph (1).
(d) Consultation.--The Secretary shall consult with any federally
recognized Indian tribe in the vicinity of the BLM land before entering
into any agreement under this subtitle.
(e) Grazing.--
(1) Effect.--Nothing in this subtitle affects the management of
grazing on the BLM land.
(2) Continuation of grazing management.--The Secretary shall
continue grazing management on the BLM land pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
applicable resource management plans.
(f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of
understanding between the Department of the Interior and the Department
of the Air Force with respect to emergency access and response, as in
existence on the date of enactment of this Act.
(g) Withdrawal.--Subject to valid existing rights, the BLM land is
withdrawn from all forms of appropriation under the public land laws,
including the mining laws, the mineral leasing laws, and the geothermal
leasing laws.
SEC. 3003. TEMPORARY CLOSURES.
(a) In General.--If the Secretary of the Air Force determines that
military operations (including operations relating to the fulfillment
of the mission of the Utah Test and Training Range), public safety, or
national security require the temporary closure to public use of any
road, trail, or other portion of the BLM land, the Secretary of the Air
Force may take such action as the Secretary of the Air Force, in
consultation with the Secretary, determines necessary to carry out the
temporary closure.
(b) Limitations.--Any temporary closure under subsection (a)--
(1) shall be limited to the minimum areas and periods that the
Secretary of the Air Force determines are required to carry out a
closure under this section;
(2) shall not occur on a State or Federal holiday, unless
notice is provided in accordance with subsection (c)(1)(B);
(3) shall not occur on a Friday, Saturday, or Sunday, unless
notice is provided in accordance with subsection (c)(1)(B); and
(4)(A) if practicable, shall be for not longer than a 3-hour
period per day;
(B) shall only be for longer than a 3-hour period per day--
(i) for mission essential reasons; and
(ii) as infrequently as practicable and in no case for
more than 10 days per year; and
(C) shall in no case be for longer than a 6-hour period per
day.
(c) Notice.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall--
(A) keep appropriate warning notices posted before and
during any temporary closure; and
(B) provide notice to the Secretary, public, and relevant
stakeholders concerning the temporary closure--
(i) at least 30 days before the date on which the
temporary closure goes into effect;
(ii) in the case of a closure during the period
beginning on March 1 and ending on May 31, at least 60 days
before the date on which the closure goes into effect; or
(iii) in the case of a closure described in paragraph
(3) or (4) of subsection (b), at least 90 days before the
date on which the closure goes into effect.
(2) Special notification procedures.--In each case for which a
mission-unique security requirement does not allow for the
notifications described in paragraph (1)(B), the Secretary of the
Air Force shall work with the Secretary to achieve a mutually
agreeable timeline for notification.
(d) Maximum Annual Closures.--The total cumulative hours of
temporary closures authorized under this section with respect to the
BLM land shall not exceed 100 hours annually.
(e) Prohibition on Certain Temporary Closures.--The northernmost
area identified as ``Newfoundland's'' on the map described in section
3001(1) shall not be subject to any temporary closure between August 21
and February 28, in accordance with the lawful hunting seasons of the
State of Utah.
(f) Emergency Ground Response.--A temporary closure of a portion of
the BLM land shall not affect the conduct of emergency response
activities on the BLM land during the temporary closure.
(g) Livestock.--Livestock authorized by a Federal grazing permit
shall be allowed to remain on the BLM land during a temporary closure
of the BLM land under this section.
(h) Law Enforcement and Security.--The Secretary and the Secretary
of the Air Force may enter into cooperative agreements with State and
local law enforcement officials with respect to lawful procedures and
protocols to be used in promoting public safety and operation security
on or near the BLM land during noticed test and training periods.
SEC. 3004. LIABILITY.
The United States (including all departments, agencies, officers,
and employees of the United States) shall be held harmless and shall
not be liable for any injury or damage to any individual or property
suffered in the course of any mining, mineral, or geothermal activity,
or any other authorized nondefense-related activity, conducted on the
BLM land.
SEC. 3005. COMMUNITY RESOURCE ADVISORY GROUP.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, there shall be established the Utah Test and
Training Range Community Resource Advisory Group (referred to in this
section as the ``Community Group'') to provide regular and continuing
input to the Secretary and the Secretary of the Air Force on matters
involving public access to, use of, and overall management of the BLM
land.
(b) Membership.--
(1) In general.--The Secretary shall appoint members to the
Community Group, including--
(A) 1 representative of Indian tribes in the vicinity of
the BLM land, to be nominated by a majority vote conducted
among the Indian tribes in the vicinity of the BLM land;
(B) not more than 1 county commissioner from each of Box
Elder, Tooele, and Juab Counties, Utah;
(C) 2 representatives of off-road and highway use, hunting,
or other recreational users of the BLM land;
(D) 2 representatives of livestock permittees on public
land located within the BLM land;
(E) 1 representative of the Utah Department of Agriculture
and Food; and
(F) not more than 3 representatives of State or Federal
offices or agencies, or private groups or individuals, if the
Secretary determines that such representatives would further
the goals and objectives of the Community Group.
(2) Chairperson.--The members described in paragraph (1) shall
elect from among the members of the Community Group--
(A) 1 member to serve as Chairperson of the Community
Group; and
(B) 1 member to serve as Vice-Chairperson of the Community
Group.
(3) Air force personnel.--The Secretary of the Air Force shall
appoint appropriate operational and land management personnel of
the Air Force to serve as a liaison to the Community Group.
(c) Conditions and Terms of Appointment.--
(1) In general.--Each member of the Community Group shall serve
voluntarily and without compensation.
(2) Term of appointment.--
(A) In general.--Each member of the Community Group shall
be appointed for a term of 4 years.
(B) Original members.--Notwithstanding subparagraph (A),
the Secretary shall select \1/2\ of the original members of the
Community Group to serve for a term of 4 years and the other
\1/2\ of the original members of the Community Group to serve
for a term of 2 years, to ensure the replacement of members
shall be staggered from year to year.
(C) Reappointment and replacement.--The Secretary may
reappoint or replace a member of the Community Group appointed
under subsection (b)(1), if--
(i) the term of the member has expired;
(ii) the member has resigned; or
(iii) the position held by the member described in
subparagraph (A) through (F) of paragraph (1) has changed
to the extent that the ability of the member to represent
the group or entity that the member represents has been
significantly affected.
(d) Meetings.--
(1) In general.--The Community Group shall meet not less than
once per year, and at such other frequencies as determined by 5 or
more of the members of the Community Group.
(2) Responsibilities of community group.--The Community Group
shall be responsible for determining appropriate schedules for,
details of, and actions for meetings of the Community Group.
(3) Notice.--The Chairperson shall provide notice to each
member of the Community Group not less than 10 business days before
the date of a scheduled meeting.
(4) Exempt from federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to meetings
of the Community Group.
(e) Recommendations of Community Group.--The Secretary and
Secretary of the Air Force, consistent with existing laws (including
regulations), shall take under consideration recommendations from the
Community Group.
(f) Termination of Authority.--
(1) In general.--The Community Group shall terminate on the
date that is seven years after the date of enactment of this Act.
(2) Early termination.--The Secretary and the Community Group,
acting jointly, may elect to terminate the Community Group before
the date provided in subsection (a).
SEC. 3006. SAVINGS CLAUSES.
(a) Effect on Weapon Impact Area.--Nothing in this subtitle expands
the boundaries of the weapon impact area of the Utah Test and Training
Range.
(b) Effect on Special Use Airspace and Training Routes.--Nothing in
this subtitle precludes--
(1) the designation of new units of special use airspace; or
(2) the expansion of existing units of special use airspace.
(c) Effect on Existing Military Special Use Airspace Agreement.--
Nothing in this subtitle limits or alters the Military Operating Areas
of Airspace Use Agreement between the Federal Aviation Administration
and the Air Force in effect on the date of enactment of this Act.
(d) Effect on Existing Rights and Agreements.--Except as otherwise
provided in section 3003, nothing in this subtitle limits or alters any
existing right or right of access to--
(1) the Knolls Special Recreation Management Area; or
(2)(A) the Bureau of Land Management Community Pits Central
Grayback and South Grayback; and
(B) any other county or community pit located within close
proximity to the BLM land.
(e) Interstate 80.--Nothing in this subtitle authorizes any
additional authority or right to the Secretary or the Secretary of the
Air Force to temporarily close Interstate 80.
(f) Effect on Limitation on Amendments to Certain Individual
Resource Management Plans.--Nothing in this subtitle affects the
limitation established under section 2815(d) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852).
(g) Effect on Previous Memorandum of Understanding.--Nothing in
this subtitle affects the memorandum of understanding entered into by
the Air Force, the Bureau of Land Management, the Utah Department of
Natural Resources, and the Utah Division of Wildlife Resources relating
to the reestablishment of bighorn sheep in the Newfoundland Mountains
and signed by the parties to the memorandum of understanding during the
period beginning on January 24, 2000, and ending on February 4, 2000.
(h) Effect on Federally Recognized Indian Tribes.--Nothing in this
subtitle alters any right reserved by treaty or Federal law for a
Federally recognized Indian tribe for tribal use.
(i) Payments in Lieu of Taxes.--Nothing in this subtitle
diminishes, enhances, or otherwise affects any other right or
entitlement of the counties in which the BLM land is situated to
payments in lieu of taxes based on the BLM land, under section 6901 of
title 31, United States Code.
(j) Wildlife Improvements.--The Secretary and the Utah Division of
Wildlife Resources shall continue the management of wildlife
improvements, including guzzlers, in existence as of the date of
enactment of this Act on the BLM land.

Subtitle B--Bureau of Land Management Land Exchange With State of Utah

SEC. 3011. DEFINITIONS.
In this subtitle:
(1) Exchange map.--The term ``Exchange Map'' means the map
prepared by the Bureau of Land Management entitled ``Utah Test and
Training Range Enhancement/West Desert Land Exchange'' and dated
Jule 21, 2016.
(2) Federal land.--The term ``Federal land'' means the Bureau
of Land Management land located in Box Elder, Millard, Juab,
Tooele, and Beaver Counties, Utah, that is identified on the
Exchange Map as ``BLM Lands Proposed for Transfer to State Trust
Lands''.
(3) Non-federal land.--The term ``non-Federal land'' means the
land owned by the State in Box Elder, Tooele, and Juab Counties,
Utah, that is identified on the Exchange Map as--
(A) ``State Trust Land Proposed for Transfer to BLM''; and
(B) ``State Trust Minerals Proposed for Transfer to BLM''.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Utah, acting
through the School and Institutional Trust Lands Administration.
SEC. 3012. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to the
non-Federal land, convey to the State (or a designee) all right,
title, and interest of the United States in and to the Federal
land.
(b) Applicable Law.--
(1) In general.--The land exchange shall be subject to section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716) and other applicable law.
(2) Effect of study.--The Secretary shall carry out the land
exchange under this subtitle notwithstanding section 2815(d) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 852).
(3) Land use planning.--The Secretary shall not be required to
undertake any additional land use planning under section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712)
before the conveyance of the Federal land under this subtitle.
(c) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(d) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this subtitle shall be in a format acceptable to
the Secretary and the State.
(e) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this subtitle shall be
determined by appraisals conducted by 1 or more independent and
qualified appraisers.
(2) State appraiser.--The Secretary and the State may agree to
use an independent and qualified appraiser retained by the State,
with the consent of the Secretary.
(3) Applicable law.--The appraisals under paragraph (1) shall
be conducted in accordance with nationally recognized appraisal
standards, including, as appropriate, the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform Standards
of Professional Appraisal Practice.
(4) Minerals.--
(A) Mineral reports.--The appraisals under paragraph (1)
may take into account mineral and technical reports provided by
the Secretary and the State in the evaluation of minerals in
the Federal land and non-Federal land.
(B) Mining claims.--Federal land that is encumbered by a
mining or millsite claim located under sections 2318 through
2352 of the Revised Statutes (commonly known as the ``Mining
Law of 1872'') (30 U.S.C. 21 et seq.) shall be appraised in
accordance with standard appraisal practices, including, as
appropriate, the Uniform Appraisal Standards for Federal Land
Acquisition.
(C) Validity examination.--Nothing in this subtitle
requires the Secretary to conduct a mineral examination for any
mining claim on the Federal land.
(5) Approval.--An appraisal conducted under paragraph (1) shall
be submitted to the Secretary and the State for approval.
(6) Duration.--An appraisal conducted under paragraph (1) shall
remain valid for 3 years after the date on which the appraisal is
approved by the Secretary and the State.
(7) Cost of appraisal.--
(A) In general.--The cost of an appraisal conducted under
paragraph (1) shall be paid equally by the Secretary and the
State.
(B) Reimbursement by secretary.--If the State retains an
appraiser in accordance with paragraph (2), the Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State.
(f) Conveyance of Title.--It is the intent of Congress that the
land exchange authorized under this subtitle shall be completed not
later than 1 year after the date of final approval by the Secretary and
the State of the appraisals conducted under subsection (e).
(g) Public Inspection and Notice.--
(1) Public inspection.--At least 30 days before the date of
conveyance of the Federal land and non-Federal land, all final
appraisals and appraisal reviews for the Federal land and non-
Federal land to be exchanged under this subtitle shall be available
for public review at the office of the State Director of the Bureau
of Land Management in the State.
(2) Notice.--The Secretary or the State, as applicable, shall
publish in a newspaper of general circulation in Salt Lake County,
Utah, a notice that the appraisals conducted under subsection (e)
are available for public inspection.
(h) Consultation With Indian Tribes.--The Secretary shall consult
with any federally recognized Indian tribe in the vicinity of the
Federal land and non-Federal land to be exchanged under this subtitle
before the completion of the land exchange.
(i) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-Federal
land to be exchanged under this subtitle--
(A) shall be equal; or
(B) shall be made equal in accordance with paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--
(i) In general.--If the value of the Federal land
exceeds the value of the non-Federal land, the value of the
Federal land and non-Federal land shall be equalized by the
State conveying to the Secretary, as necessary to equalize
the value of the Federal land and non-Federal land--

(I) State trust land parcel 1, as described in the
assessment entitled ``Bureau of Land Management
Environmental Assessment UT-100-06-EA'', numbered UTU-
82090, and dated March 2008; or
(II) State trust land located within any of the
wilderness areas or national conservation areas in
Washington County, Utah, established under subtitle O
of title I of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1075).

(ii) Order of conveyances.--Any non-Federal land
required to be conveyed to the Secretary under clause (i)
shall be conveyed until the value of the Federal land and
non-Federal land is equalized.
(B) Surplus of non-federal land.--If the value of the non-
Federal land exceeds the value of the Federal land, the value
of the Federal land and the non-Federal land shall be
equalized--
(i) by the Secretary making a cash equalization payment
to the State, in accordance with section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)); or
(ii) by removing non-Federal land from the exchange.
(j) Grazing Permits.--
(1) In general.--If the Federal land or non-Federal land
exchanged under this subtitle is subject to a lease, permit, or
contract for the grazing of domestic livestock in effect on the
date of acquisition, the Secretary and the State shall allow the
grazing to continue for the remainder of the term of the lease,
permit, or contract, subject to the related terms and conditions of
user agreements, including permitted stocking rates, grazing fee
levels, access rights, and ownership and use of range improvements.
(2) Renewal.--To the extent allowed by Federal or State law, on
expiration of any grazing lease, permit, or contract described in
paragraph (1), the holder of the lease, permit, or contract shall
be entitled to a preference right to renew the lease, permit, or
contract.
(3) Cancellation.--
(A) In general.--Nothing in this subtitle prevents the
Secretary or the State from canceling or modifying a grazing
permit, lease, or contract if the Federal land or non-Federal
land subject to the permit, lease, or contract is sold,
conveyed, transferred, or leased for non-grazing purposes by
the Secretary or the State.
(B) Limitation.--Except to the extent reasonably necessary
to accommodate surface operations in support of mineral
development, the Secretary or the State shall not cancel or
modify a grazing permit, lease, or contract because the land
subject to the permit, lease, or contract has been leased for
mineral development.
(4) Base properties.--If non-Federal land conveyed by the State
under this subtitle is used by a grazing permittee or lessee to
meet the base property requirements for a Federal grazing permit or
lease, the land shall continue to qualify as a base property for--
(A) the remaining term of the lease or permit; and
(B) the term of any renewal or extension of the lease or
permit.
(k) Withdrawal of Federal Land From Mineral Entry Prior To
Exchange.--Subject to valid existing rights, the Federal land to be
conveyed to the State under this subtitle is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.
SEC. 3013. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY THE
UNITED STATES.
(a) In General.--On conveyance to the United States under this
subtitle, the non-Federal land shall be managed by the Secretary in
accordance with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and applicable land use plans.
(b) Non-federal Land Within Cedar Mountains Wilderness.--On
conveyance to the Secretary under this subtitle, the non-Federal land
located within the Cedar Mountains Wilderness shall, in accordance with
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C.
1716(c)), be added to, and administered as part of, the Cedar Mountains
Wilderness.
(c) Non-federal Land Within Wilderness Areas or National
Conservation Areas.--On conveyance to the Secretary under this
subtitle, non-Federal land located in a national wilderness area or
national conservation area shall be managed in accordance with the
applicable provisions of subtitle O of title I of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11).
SEC. 3014. HAZARDOUS SUBSTANCES.
(a) Costs.--Except as provided in subsection (b), the costs of
remedial actions relating to hazardous substances on land acquired
under this subtitle shall be paid by those entities responsible for the
costs under applicable law.
(b) Remediation of Prior Testing and Training Activity.--The
Secretary of the Air Force shall bear all costs of remediation required
as a result of the previous testing of military weapons systems and the
training of military forces on non-Federal land to be conveyed to the
United States under this subtitle.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Subtitle C--Plans and Reports

Subtitle A--National Security Programs and Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2017 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 17-D-630, Expand Electrical Distribution System,
Lawrence Livermore National Laboratory, Livermore, California,
$25,000,000.
Project 17-D-640, U1a Complex Enhancements Project, Nevada
National Security Site, Mercury, Nevada, $11,500,000.
Project 17-D-911, BL Fire System Upgrade, Bettis Atomic Power
Laboratory, West Mifflin, Pennsylvania, $1,400,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2017 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant project:
Project 17-D-401, Saltstone Disposal Unit #7, Savannah River
Site, Aiken, South Carolina, $9,729,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2017 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2017 for nuclear energy as specified in the
funding table in section 4701.

Subtitle B--Program Authorizations, Restrictions, and Limitations

SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL ASSETS
ACQUISITION PROJECTS.
(a) In General.--Subtitle C of title XLVII of the Atomic Energy
Defense Act (50 U.S.C. 2772) is amended by inserting after section 4732
the following new section:
``SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS OF CAPITAL ASSETS
ACQUISITION PROJECTS.
``(a) Reviews.--The appropriate head shall ensure that an
independent entity conducts reviews of each capital assets acquisition
project as the project moves toward the approval of each of critical
decision 0, critical decision 1, and critical decision 2 in the
acquisition process.
``(b) Pre-critical Decision 1 Reviews.--In addition to any other
matters, with respect to each review of a capital assets acquisition
project under subsection (a) that has not reached critical decision 1
approval in the acquisition process, such review shall include--
``(1) a review using best practices of the analysis of
alternatives for the project; and
``(2) identification of any deficiencies in such analysis of
alternatives for the appropriate head to address.
``(c) Independent Entities.--The appropriate head shall ensure that
each review of a capital assets acquisition project under subsection
(a) is conducted by an independent entity with the appropriate
expertise with respect to the project and the stage in the acquisition
process of the project.
``(d) Definitions.--In this section:
``(1) The term `acquisition process' means the acquisition
process for a project, as defined in Department of Energy Order
413.3B (relating to project management and project management for
the acquisition of capital assets), or a successor order.
``(2) The term `appropriate head' means--
``(A) the Administrator, with respect to capital assets
acquisition projects of the Administration; and
``(B) the Assistant Secretary of Energy for Environmental
Management, with respect to capital assets acquisition projects
of the Office of Environmental Management.
``(3) The term `capital assets acquisition project' means a
project--
``(A) the total project cost of which is more than
$500,000,000; and
``(B) that is covered by Department of Energy Order 413.3,
or a successor order, for the acquisition of capital assets for
atomic energy defense activities.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 4732 the
following new item:

``Sec. 4733. Independent acquisition project reviews of capital assets
acquisition projects.''.
SEC. 3112. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
(a) In General.--Subtitle A of title XLV of the Atomic Energy
Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end
the following new section:
``SEC. 4510. PROTECTION OF CERTAIN NUCLEAR FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
``(a) Authority.--Notwithstanding any provision of title 18, United
States Code, the Secretary of Energy may take such actions described in
subsection (b)(1) that are necessary to mitigate the threat (as defined
by the Secretary of Energy, in consultation with the Secretary of
Transportation) that an unmanned aircraft system or unmanned aircraft
poses to the safety or security of a covered facility or asset.
``(b) Actions Described.--(1) The actions described in this
paragraph are the following:
``(A) Detect, identify, monitor, and track the unmanned
aircraft system or unmanned aircraft, without prior consent,
including by means of intercept or other access of a wire, oral, or
electronic communication used to control the unmanned aircraft
system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct or
indirect physical, electronic, radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, including by disabling
the unmanned aircraft system or unmanned aircraft by intercepting,
interfering, or causing interference with wire, oral, electronic,
or radio communications used to control the unmanned aircraft
system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft system
or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force to disable, damage, or destroy the
unmanned aircraft system or unmanned aircraft.
``(2) The Secretary of Energy shall develop the actions described
in paragraph (1) in coordination with the Secretary of Transportation.
``(c) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (a) that is seized by the Secretary of
Energy is subject to forfeiture to the United States.
``(d) Regulations.--The Secretary of Energy and the Secretary of
Transportation may prescribe regulations and shall issue guidance in
the respective areas of each Secretary to carry out this section.
``(e) Definitions.--In this section:
``(1) The term `covered facility or asset' means any facility
or asset that is--
``(A) identified by the Secretary of Energy for purposes of
this section;
``(B) located in the United States (including the
territories and possessions of the United States); and
``(C) owned by the United States or contracted to the
United States, to store or use special nuclear material.
``(2) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 331 of the
FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 4509 the
following new item:

``Sec. 4510. Protection of certain nuclear facilities and assets from
unmanned aircraft.''.
SEC. 3113. COMMON FINANCIAL REPORTING SYSTEM FOR THE NUCLEAR SECURITY
ENTERPRISE.
(a) In General.--By not later than four years after the date of the
enactment of this Act, the Administrator for Nuclear Security shall, in
consultation with the National Nuclear Security Administration Council
established by section 4102(b) of the Atomic Energy Defense Act (50
U.S.C. 2512(b)), complete, to the extent practicable, the
implementation of a common financial reporting system for the nuclear
security enterprise.
(b) Elements.--The common financial reporting system implemented
pursuant to subsection (a) shall include the following:
(1) Common data reporting requirements for work performed using
funds of the National Nuclear Security Administration, including
reporting of financial data by standardized labor categories, labor
hours, functional elements, and cost elements.
(2) A common work breakdown structure for the Administration
that aligns contractor work breakdown structures with the budget
structure of the Administration.
(3) Definitions and methodologies for identifying and reporting
costs for programs of records and base capabilities within the
Administration.
(4) A capability to leverage, where appropriate, the Defense
Cost Analysis Resource Center of the Office of Cost Assessment and
Program Evaluation of the Department of Defense using historical
costing data by the Administration.
(c) Reports.--
(1) In general.--Not later than March 1, 2017, and annually
thereafter, the Administrator shall, in consultation with the
National Nuclear Security Administration Council, submit to the
congressional defense committees a report on progress of the
Administration toward implementing a common financial reporting
system for the nuclear security enterprise as required by
subsection (a).
(2) Report.--Each report under this subsection shall include
the following:
(A) A summary of activities, accomplishments, challenges,
benefits, and costs related to the implementation of a common
financial reporting system for the nuclear security enterprise
during the year preceding the year in which such report is
submitted.
(B) A summary of planned activities in connection with the
implementation of a common financial reporting system for the
nuclear security enterprise in the year in which such report is
submitted.
(C) A description of any anticipated modifications to the
schedule for implementing a common financial reporting system
for the nuclear security enterprise, including an update on
possible risks, challenges, and costs related to such
implementation.
(3) Termination.--No report is required under this subsection
after the completion of the implementation of a common financial
reporting system for the nuclear security enterprise.
(d) Nuclear Security Enterprise Defined.--In this section, the term
``nuclear security enterprise'' has the meaning given that term in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
SEC. 3114. ROUGH ESTIMATE OF TOTAL LIFE CYCLE COST OF TANK WASTE
CLEANUP AT HANFORD NUCLEAR RESERVATION.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees a rough estimate of the total life
cycle cost of the cleanup of tank waste at Hanford Nuclear Reservation,
Richland, Washington.
(b) Elements.--The rough estimate of the total life cycle cost
required by subsection (a) shall include cost estimates for the
following:
(1) The Waste Treatment and Immobilization Plant, assuming a
hot start occurs in 2033 and initial plant operations commence in
2036.
(2) Operations of the Waste Treatment and Immobilization Plant,
assuming operations continue through 2061.
(3) Tank waste management and treatment, assuming operations of
the Waste Treatment and Immobilization Plant continue through 2061.
(4) Anticipated increases in the volume of waste in the double
shell tanks resulting from tank waste management activities.
(5) High-level waste canister temporary storage and preparation
for permanent disposal.
(6) Any additional facilities, including additional evaporative
capacity, that may be needed to treat tank waste at Hanford Nuclear
Reservation.
(c) Cost Estimating Best Practices.--To the maximum extent
practicable, the rough estimate of the total life cycle cost required
by subsection (a) shall be developed in accordance with the cost
estimating best practices of the Government Accountability Office.
(d) Submission of Additional Independent Cost Estimates.--The
Secretary shall submit to the congressional defense committees, as part
of the rough estimate of the total life cycle cost required by
subsection (a), any other independent cost estimates for the Waste
Treatment and Immobilization Plant or related facilities conducted
before the date on which the rough estimate of the total life cycle
cost is required to be submitted under that subsection.
SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT
PLANT.
(a) In General.--In order to ensure that waste shipments to the
Waste Isolation Pilot Plant, Carlsbad, New Mexico (in this section
referred to as ``WIPP'') are packaged and handled properly to prevent
the release of radiation or contamination above regulatory limits, the
Secretary of Energy shall submit to the congressional defense
committees, not later than February 1 of each year during the five-year
period beginning on the date of the enactment of this Act, a written
certification that--
(1) the Secretary knew of the contents of such shipments during
the 12-month period preceding the date of the certification and has
ensured that the Secretary will know of the contents of such
shipments planned during the 12-month period following the date of
the certification; and
(2) such shipments made during the 12-month period preceding
the date of the certification were sufficiently safe and secure for
transportation and disposal and the Secretary has ensured that such
shipments planned during the 12-month period following the date of
the certification will be sufficiently safe and secure for
transportation and disposal.
(b) Additional Assurances.--The Secretary shall submit to the
congressional defense committees, with the certification required by
subsection (a), assurances that--
(1) the Carlsbad Field Office of the Department of Energy has
certified that--
(A) the contents of each shipment of waste that arrived at
WIPP during 12-month period preceding the date of the
certification met the criteria for accepting waste at WIPP; and
(B) the Office will ensure that the waste destined for WIPP
during the 12-month period following the date of the
certification is packaged according to the criteria for
accepting waste at WIPP;
(2) the Assistant Secretary of Energy for Environmental
Management has reviewed and accepted the certification of the
Carlsbad Field Office under paragraph (1); and
(3) the Administrator for Nuclear Security has ensured that
waste destined for WIPP that was packaged at facilities of the
National Nuclear Security Administration during the 12-month period
preceding the date of the certification, and waste planned to be
packaged at such facilities during the 12-month period following
the date of the certification, and for which the Administration is
responsible, meets the criteria for accepting waste at WIPP.
SEC. 3116. DISPOSITION OF WEAPONS-USABLE PLUTONIUM.
(a) Construction and Project Support Activities at MOX Facility.--
(1) In general.--Using funds described in paragraph (2), the
Secretary of Energy shall carry out construction and project
support activities relating to the MOX facility.
(2) Funds described.--The funds described in this paragraph are
the following:
(A) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for the National
Nuclear Security Administration for the MOX facility for
construction and project support activities.
(B) Funds authorized to be appropriated for a fiscal year
prior to fiscal year 2017 for the National Nuclear Security
Administration for the MOX facility for construction and
project support activities that are unobligated as of the date
of the enactment of this Act.
(b) Assessment of the MOX Facility Contract by Owner's Agent.--
(1) Arrangement with owner's agent.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Energy shall enter into an arrangement pursuant to sections 1535
and 1536 of title 31, United States Code, with the Chief of
Engineers to act as an owner's agent with respect to preparing the
report required by paragraph (2).
(2) Report of owner's agent.--
(A) In general.--The Chief of Engineers shall prepare a
report on the contract for the construction, management and
operations of the MOX facility, as in effect on the date of the
enactment of this Act, that includes the following:
(i) An assessment of the contractual, technical, and
managerial risks for the Department of Energy and the
contractor.
(ii) An assessment of what elements of the contract can
be changed to--

(I) a fixed price provision;
(II) a fixed price incentive fee provision; or
(III) another contractual mechanism designed to
minimize risk to the Department of Energy while
reducing cost.

(iii) An assessment of the options under clause (ii),
including milestones, cost, schedules, and any damage fees
for those options.
(iv) Recommendations on changes to the contract, based
on the assessments described in clauses (i), (ii), and
(iii), to reduce risk and cost to the Department of Energy
while preserving a fair and reasonable contract.
(v) For each element of the contract that the Chief of
Engineers does not recommend be changed pursuant to clause
(iv), an assessment of the risks and costs associated with
that element and a description of why that element is not
appropriate for the provision types described in clause
(ii).
(B) Consultations.--In preparing the report required by
subparagraph (A), the Chief of Engineers shall consult with the
Secretary, the contractor referred to in subparagraph (A)(i),
and other knowledgeable parties, as the Chief of Engineers
considers appropriate.
(C) Submission to secretary.--Not later than 30 days after
entering into the arrangement under paragraph (1), the Chief of
Engineers shall submit to the Secretary the report required by
subparagraph (A).
(3) Submissions by department of energy.--Not later than 60
days after receiving the report required by paragraph (2), the
Secretary shall transmit to the congressional defense committees
and the Comptroller General of the United States--
(A) the report;
(B) any comments of the Secretary with respect to the
report;
(C) a determination of whether the contractor referred to
in paragraph (2)(A)(i) will or will not agree to the revisions
to the contract recommended by the Chief of Engineers and
offered by the Secretary to the contractor;
(D) if the contractor will not agree to such revisions, a
description of the reasons given for not agreeing to such
revisions; and
(E) any other materials relating to the potential
modification of the contract that the Secretary considers
appropriate.
(4) Briefing by government accountability office.--Not later
than 30 days after receiving the report and other matters under
paragraph (3), the Comptroller General of the United States shall
brief the congressional defense committees on the actions taken by
the Secretary under this subsection, to be followed by a written
report not later than 120 days after the briefing is provided to
Congress.
(c) Definitions.--In this section:
(1) MOX facility.--The term ``MOX facility'' means the mixed-
oxide fuel fabrication facility at the Savannah River Site, Aiken,
South Carolina.
(2) Project support activities.--The term ``project support
activities'' means activities that support the design, long-lead
equipment procurement, and site preparation of the MOX facility.
SEC. 3117. DESIGN BASIS THREAT.
(a) Update to Order.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy shall update Department
of Energy Order 470.3B relating to the design basis threat for
protecting nuclear weapons, special nuclear material, and other
critical assets in the custody of the Department of Energy.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community (as defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4))) should
promulgate regular, biannual updates to the Nuclear Security Threat
Capabilities Assessment to better inform nuclear security postures
within the Department of Defense and the Department of Energy;
(2) the Department of Defense and the Department of Energy
should closely, and in real-time, track and assess national,
regional, and local threats to the defense nuclear facilities of
the respective Departments; and
(3) the Department of Defense and the Department of Energy
should regularly review assessments and other input provided by
activities described in paragraphs (1) and (2) and adjust security
postures accordingly.
SEC. 3118. INDUSTRY BEST PRACTICES IN OPERATIONS AT NATIONAL NUCLEAR
SECURITY ADMINISTRATION FACILITIES AND SITES.
(a) Committee on Industry Best Practices in Operations.--The
Administrator for Nuclear Security shall establish within the National
Nuclear Security Administration a committee (in this section referred
to as the ``committee'') to identify and oversee the implementation of
best practices of industry in the operations of the facilities and
sites of the Administration for the purposes of--
(1) improving mission performance and effectiveness;
(2) lowering costs and administrative burdens; and
(3) also both--
(A) maintaining or reducing risks; and
(B) preserving and protecting health, safety, and security.
(b) Membership.--The committee shall be composed of personnel of
the Administration assigned by the Administrator to the committee as
follows:
(1) The Principal Deputy Administrator for Nuclear Security,
who shall serve as chair of the committee.
(2) Government personnel representing the headquarters of the
Administration.
(3) Government personnel representing offices of facilities and
sites of the Administration.
(4) Contractor personnel representing the national security
laboratories and the nuclear weapons production facilities (as
those terms are defined in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501)).
(5) Such other personnel as the Administrator considers
appropriate.
(c) Duties.--The duties of the committee shall include the
following:
(1) To identify and oversee the implementation of best
practices of industry in the operations of the facilities and sites
of the Administration for the purposes described in subsection (a).
(2) To conduct surveys of the facilities and sites of the
Administration in order to assess the adoption, implementation, and
use by such facilities and sites of best practices of industry
described in subsection (a).
(3) To carry out such other activities consistent with the
duties of the committee under this subsection as the Administrator
may specify for purposes of this section.
(d) Annual Report.--
(1) In general.--Not later than 60 days after the date on which
the budget of the President for a fiscal year after fiscal year
2017 is submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the Administrator shall submit to the
appropriate congressional committees a report on the activities of
the committee under this section during the preceding calendar
year.
(2) Elements.--Each report under this subsection shall include,
for the calendar year covered by such report, the following:
(A) A description of the activities of the committee.
(B) The results of the surveys undertaken pursuant to
subsection (c)(2).
(C) As a result of the surveys, recommendations for
modifications to the scope or applicability of regulations and
orders of the Department of Energy to particular facilities and
sites of the Administration in order to implement best
practices of industry in the operation of such facilities and
sites, including--
(i) a list of the facilities and sites at which such
regulations and orders could be so modified; and
(ii) for each such facility and site, the manner in
which the scope or applicability of such regulations and
orders could be so modified.
(D) An assessment of the progress of the Administration in
implementing best practices of industry in the operations of
the facilities and sites of the Administration.
(E) An estimate of the costs to be saved as a result of the
best practices of industry implemented by the Administration at
the facilities and sites of the Administration, set forth by
fiscal year.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
(e) Termination.--The committee shall terminate after the submittal
under subsection (d) of the report required by that subsection that
covers 2021.
SEC. 3119. PILOT PROGRAM ON UNAVAILABILITY FOR OVERHEAD COSTS OF
AMOUNTS SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Energy shall establish a pilot
program under which each national security laboratory (as defined in
section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)) is
prohibited from using funds described in subsection (b) to cover the
costs of general and administrative overhead for the laboratory.
(b) Funds Described.--The funds described in this subsection are
funds made available for a national security laboratory under section
4811(c) of the Atomic Energy Defense Act (50 U.S.C. 2791(c)) for
laboratory-directed research and development.
(c) Duration.--The pilot program required by subsection (a) shall--
(1) take effect on the first day of the first fiscal year
beginning after the date of the enactment of this Act; and
(2) terminate on the date that is three years after the day
described in paragraph (1).
(d) Report Required.--Before the termination under subsection
(c)(2) of the pilot program required by subsection (a), the
Administrator for Nuclear Security shall submit to the congressional
defense committees a report that assesses the costs, benefits, risks,
and other effects of the pilot program.
SEC. 3120. RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL NUCLEAR FUEL
SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 for the Department of Energy may be
obligated or expended to plan or carry out research and development of
an advanced naval nuclear fuel system based on low-enriched uranium.
(b) Exception.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for defense
nuclear nonproliferation, as specified in the funding table in division
D, not more than $5,000,000 shall be made available to the Deputy
Administrator for Naval Reactors of the National Nuclear Security
Administration for initial planning and early research and development
of an advanced naval nuclear fuel system based on low-enriched uranium.
(c) Budget Matters.--Section 3118 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1196) is amended--
(1) in subsection (c), by striking paragraph (2) and inserting
the following new paragraph:
``(2) Budget requests.--If the Secretaries determine under
paragraph (1) that research and development of an advanced naval
nuclear fuel system based on low-enriched uranium should continue,
the Secretaries shall ensure that each budget of the President
submitted to Congress under section 1105(a) of title 31, United
States Code, for fiscal year 2018 and each fiscal year thereafter
in which such research and development is carried out includes in
the budget line item for the `Defense Nuclear Nonproliferation'
account amounts necessary to carry out the conceptual plan under
subsection (b).''; and
(2) in subsection (d), by striking ``for material management
and minimization''.
SEC. 3121. INCREASE IN CERTAIN LIMITATIONS APPLICABLE TO FUNDS FOR
CONCEPTUAL AND CONSTRUCTION DESIGN OF THE DEPARTMENT OF ENERGY.
(a) Requests for Conceptual Design Funds.--Subsection (a)(2) of
section 4706 of the Atomic Energy Defense Act (50 U.S.C. 2746) is
amended by striking ``$3,000,000'' and inserting ``$5,000,000''.
(b) Construction Design.--Subsection (b) of such section is amended
by striking ``$1,000,000'' each place it appears and inserting
``$2,000,000''.
SEC. 3122. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROGRAMS IN RUSSIAN
FEDERATION.
(a) Prohibition.--
(1) In general.--None of the funds described in paragraph (2)
may be obligated or expended to enter into a contract with, or
otherwise provide assistance to, the Russian Federation.
(2) Funds described.--The funds described in this paragraph are
the following:
(A) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2017 for atomic energy
defense activities.
(B) Funds authorized to be appropriated or otherwise made
available for a fiscal year prior to fiscal year 2017 for
atomic energy defense activities that are unobligated or
unexpended as of the date of the enactment of this Act.
(b) Waiver.--The Secretary of Energy, without delegation, may waive
the prohibition in subsection (a)(1) only if--
(1) the Secretary determines, in writing, that a nuclear-
related threat arising in the Russian Federation must be addressed
urgently and it is necessary to waive the prohibition to address
that threat;
(2) the Secretary of State and the Secretary of Defense concur
in the determination under paragraph (1);
(3) the Secretary of Energy submits to the appropriate
congressional committees a report containing--
(A) a notification that the waiver is in the national
security interest of the United States;
(B) justification for the waiver, including the
determination under paragraph (1); and
(C) a description of the activities to be carried out
pursuant to the waiver, including the expected cost and
timeframe for such activities; and
(4) a period of 15 days elapses following the date on which the
Secretary submits the report under paragraph (3).
(c) Exception.--The prohibition under subsection (a)(1) and the
requirements under subsection (b) to waive that prohibition shall not
apply to an amount, not to exceed $3,000,000, that the Secretary may
make available for the Department of Energy Russian Health Studies
Program.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 3123. LIMITATION ON AVAILABILITY OF FUNDS FOR FEDERAL SALARIES AND
EXPENSES.
(a) In General.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the National
Nuclear Security Administration for defense-related Federal salaries
and expenses, not more than 90 percent may be obligated or expended
until the date on which the Secretary of Energy submits to the
congressional defense committees and the congressional intelligence
committees the following:
(1) The updated plan on the designing and building of
prototypes of nuclear weapons that is required--
(A) by paragraph (2) of section 4509(a) of the Atomic
Energy Defense Act (50 U.S.C. 2660(a)), to be developed by not
later than the date on which the budget of the President for
fiscal year 2018 is submitted to Congress; and
(B) by paragraph (3)(B) of such section, to be submitted to
the congressional defense committees and the congressional
intelligence committees.
(2) A description of the determination of the Secretary under
paragraph (4)(B) of such section with respect to the manner in
which the designing and building of prototypes of nuclear weapons
is carried out under such updated plan.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 3124. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE
ENVIRONMENTAL CLEANUP PROGRAM DIRECTION.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for defense environmental cleanup
for program direction, not more than 90 percent may be obligated or
expended until the date on which the Secretary of Energy submits to
Congress the future-years defense environmental cleanup plan required
to be submitted during 2017 under section 4402A of the Atomic Energy
Defense Act (50 U.S.C. 2582a).
SEC. 3125. LIMITATION ON AVAILABILITY OF FUNDS FOR ACCELERATION OF
NUCLEAR WEAPONS DISMANTLEMENT.
(a) Limitation on Maximum Amount for Dismantlement.--Of the funds
authorized to be appropriated by this Act or otherwise made available
for any of fiscal years 2017 through 2021 for the National Nuclear
Security Administration, not more than $56,000,000 may be obligated or
expended in each such fiscal year to carry out the nuclear weapons
dismantlement and disposition activities of the Administration.
(b) Limitation on Acceleration of Dismantlement Activities.--Except
as provided by subsection (c), none of the funds authorized to be
appropriated by this Act or otherwise made available for any of fiscal
years 2017 through 2021 for the National Nuclear Security
Administration may be obligated or expended to accelerate the nuclear
weapons dismantlement activities of the United States to a rate that
exceeds the rate described in the Stockpile Stewardship and Management
Plan schedule.
(c) Exception.--The limitation in subsection (b) shall not apply to
the following:
(1) The dismantlement of a nuclear weapon not covered by the
Stockpile Stewardship and Management Plan schedule if the
Administrator for Nuclear Security certifies, in writing, to the
congressional defense committees that--
(A) the components of the nuclear weapon are directly
required for the purposes of a current life extension program;
or
(B) such dismantlement is necessary to conduct maintenance
or surveillance of the nuclear weapons stockpile or to ensure
the safety or reliability of the nuclear weapons stockpile.
(2) The dismantlement of a nuclear weapon if the President
certifies, in writing, to the congressional defense committees
that--
(A) such dismantlement is being carried out pursuant to a
nuclear arms reduction treaty or similar international
agreement that requires such dismantlement; and
(B) such treaty or similar international agreement--
(i) has entered into force after the date of the
enactment of this Act; and
(ii) was approved--

(I) with the advice and consent of the Senate
pursuant to clause 2 of section 2 of Article II of the
Constitution of the United States after the date of the
enactment of this Act; or
(II) by an Act of Congress, as described in section
303(b) of the Arms Control and Disarmament Act (22
U.S.C. 2573(b)).

(d) Stockpile Stewardship and Management Plan Schedule Defined.--In
this section, the term ``Stockpile Stewardship and Management Plan
schedule'' means the schedule described in table 2-7 of the annex of
the report titled ``Fiscal Year 2016 Stockpile Stewardship and
Management Plan'' submitted in March 2015 by the Administrator for
Nuclear Security to the congressional defense committees under section
4203(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2523(b)(2)).

Subtitle C--Plans and Reports

SEC. 3131. INDEPENDENT ASSESSMENT OF TECHNOLOGY DEVELOPMENT UNDER
DEFENSE ENVIRONMENTAL CLEANUP PROGRAM.
(a) Assessment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall seek to enter into
an agreement with the National Academy of Sciences to conduct an
independent assessment of the technology development efforts of the
defense environmental cleanup program of the Department of Energy.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1) A review of the technology development efforts of the
defense environmental cleanup program of the Department of Energy,
including an assessment of the process by which the Secretary
identifies and chooses technologies to pursue under the program.
(2) A comprehensive review and assessment of technologies or
alternative approaches to defense environmental cleanup efforts
that could--
(A) reduce the long-term costs of such efforts;
(B) accelerate schedules for carrying out such efforts;
(C) mitigate uncertainties, vulnerabilities, or risks
relating to such efforts; or
(D) otherwise significantly improve the defense
environmental cleanup program.
(c) Submission.--Not later than the date that is 18 months after
the date of the enactment of this Act, the National Academy of Sciences
shall submit to the congressional defense committees and the Secretary
a report on the assessment under subsection (a).
SEC. 3132. UPDATED PLAN FOR VERIFICATION AND MONITORING OF
PROLIFERATION OF NUCLEAR WEAPONS AND FISSILE MATERIAL.
(a) Updated Plan.--
(1) Transmission.--Not later than 90 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a comprehensive and detailed
update to the plan developed under section 3133(a) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3896) with
respect to verification and monitoring relating to the potential
proliferation of nuclear weapons, components of such weapons, and
fissile material.
(2) Form.--The updated plan under paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2017 for the Department
of Defense for supporting the Executive Office of the President,
$10,000,000 may not be obligated or expended until the date on which
the President transmits to the appropriate congressional committees the
updated plan under subsection (a)(1).
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the President shall provide to the Committees on
Armed Services of the Senate and House of Representatives (and any
other appropriate congressional committee upon request) an interim
briefing on the updated plan under subsection (a)(1).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(3) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
(4) The Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the House
of Representatives.
(5) The Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the House of
Representatives.
SEC. 3133. REPORT ON THE USE OF HIGHLY-ENRICHED URANIUM FOR NAVAL
REACTORS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of Defense, the Secretary of Energy,
and the Secretary of State, shall, in accordance with the protection of
sources and methods, submit to the appropriate congressional committees
a report that includes the following:
(1) An assessment on the current and anticipated intentions of
countries producing or using highly-enriched uranium in naval
reactors or considering the development of naval reactors.
(2) An evaluation of the security measures each country
producing or using highly-enriched uranium in naval reactors has in
place.
(3) An evaluation of the potential effects on nuclear
nonproliferation efforts and the naval reactor programs and related
actions of other countries if the United States pursued the
development of an advanced low-enriched uranium fuel for certain
United States naval reactors as described in the report of the
Director of Naval Reactors to Congress, dated July 2016 and
entitled ``Conceptual Research and Development Plan for Low-
Enriched Uranium Naval Fuel''.
(4) Such other information or updates as the Director of
National Intelligence, the Secretary of Defense, the Secretary of
Energy, and the Secretary of State consider appropriate.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 3134. ANALYSIS OF APPROACHES FOR SUPPLEMENTAL TREATMENT OF LOW-
ACTIVITY WASTE AT HANFORD NUCLEAR RESERVATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Energy shall enter into an
arrangement with a federally funded research and development center to
conduct an analysis of approaches for treating the portion of low-
activity waste at the Hanford Nuclear Reservation, Richland,
Washington, that, as of such date of enactment, is intended for
supplemental treatment.
(b) Elements.--The analysis required by subsection (a) shall
include the following:
(1) An analysis of, at a minimum, the following approaches for
treating the low-activity waste described in subsection (a):
(A) Further processing of the low-activity waste to remove
long-lived radioactive constituents, particularly technetium-99
and iodine-129, for immobilization with high-level waste.
(B) Vitrification, grouting, and steam reforming, and other
alternative approaches identified by the Department of Energy
for immobilizing the low-activity waste.
(2) An analysis of the following:
(A) The risks of the approaches described in paragraph (1)
relating to treatment and final disposition.
(B) The benefits and costs of such approaches.
(C) Anticipated schedules for such approaches, including
the time needed to complete necessary construction and to begin
treatment operations.
(D) The compliance of such approaches with applicable
technical standards associated with and contained in
regulations prescribed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) (commonly referred to as the ``Resource
Conservation and Recovery Act of 1976''), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly
referred to as the ``Clean Water Act''), and the Clean Air Act
(42 U.S.C. 7401 et seq.).
(E) Any obstacles that would inhibit the ability of the
Department of Energy to pursue such approaches.
(c) Review of Analysis.--
(1) In general.--Concurrent with entering into an arrangement
with a federally funded research and development center under
subsection (a), the Secretary shall enter into an arrangement with
the National Academies of Sciences, Engineering, and Medicine to
conduct a review of the analysis conducted by the federally funded
research and development center.
(2) Method of review.--The review required by paragraph (1)
shall be conducted concurrent with the analysis required by
subsection (a), and in a manner that is parallel to that analysis,
so that the results of the review may be used to improve the
quality of the analysis.
(3) Public review.--In conducting the review required paragraph
(1), the National Academies of Sciences, Engineering, and Medicine
shall provide an opportunity for public comment, with sufficient
notice, to inform and improve the quality of the review.
(d) Consultation With State.--Prior to the submission in accordance
with subsection (e)(2) of the analysis required by subsection (a) and
the review of the analysis required by subsection (c), the federally
funded research and development center and the National Academies of
Sciences, Engineering, and Medicine shall provide to the State of
Washington--
(1) the analysis and review in draft form; and
(2) an opportunity to comment on the analysis and review for a
period of not less than 60 days.
(e) Submission to Congress.--
(1) Briefings on progress.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days thereafter
until the materials described in paragraph (2) are submitted in
accordance with that paragraph, the Secretary shall provide to the
congressional defense committees a briefing on the progress being
made on the analysis required by subsection (a) and the review of
the analysis required by subsection (c).
(2) Completed analysis and review.--Not later than two years
after the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the analysis
required by subsection (a), the review of the analysis required by
subsection (c), any comments of the State of Washington under
subsection (d)(2), and any comments of the Secretary on the
analysis or the review of the analysis.
(f) Limitations.--
(1) Secretary of energy.--This section does not conflict with
or impair the obligation of the Secretary to comply with any
requirement of--
(A) the amended consent decree in Washington v. Moniz, No.
2:08-CV-5085-RMP (E.D. Wash.); or
(B) the Hanford Federal Facility Agreement and Consent
Order.
(2) State of washington.--This section does not conflict with
or impair the regulatory authority of the State of Washington under
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly
referred to as the ``Resource Conservation and Recovery Act of
1976'') and any corresponding State law.
SEC. 3135. CLARIFICATION OF ANNUAL REPORT AND CERTIFICATION ON STATUS
OF SECURITY OF ATOMIC ENERGY DEFENSE FACILITIES.
Section 4506(b)(1)(B) of the Atomic Energy Defense Act (50 U.S.C.
2657(b)(1)(B)) is amended to read as follows:
``(B) written certification that such facilities are secure and
that the security measures at such facilities meet the security
standards and requirements of the Department of Energy.''.
SEC. 3136. REPORT ON SERVICE SUPPORT CONTRACTS AND AUTHORITY FOR
APPOINTMENT OF CERTAIN PERSONNEL.
(a) Annual Report on Service Support Contracts.--Section 3241A(f)
of the National Nuclear Security Administration Act (50 U.S.C.
2441a(f)) is amended by adding at the end the following new paragraph:
``(5) With respect to each contract identified under paragraph
(2)--
``(A) the cost of the contract; and
``(B) identification of the program or program direction
accounts that support the contract.''.
(b) Extension of Authority for Appointment of Certain Personnel.--
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ``2016'' and inserting ``2020''.
SEC. 3137. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Reports on Plan to Protect Against Inadvertent Release of
Restricted Data and Formerly Restricted Data.--Section 4522 of the
Atomic Energy Defense Act (50 U.S.C. 2672) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(b) GAO Report on Program on Scientific Engagement for
Nonproliferation.--Section 3122 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 50 U.S.C. 2571 note) is
amended--
(1) in subsection (b)(1), by striking ``, and to the
Comptroller General of the United States,'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f) and (g) as subsections (e)
and (f), respectively.
(c) GAO Study on Adequacy of Budget Requests With Respect to
Modernization and Refurbishment of Nuclear Weapons Stockpile.--Section
3255 of the National Nuclear Security Administration Act (50 U.S.C.
2455) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Temporary Suspension.--The requirements of subsection (a)
shall not apply with respect to the nuclear security budget materials
submitted for fiscal year 2018 or 2019.''.
(d) Strategy on Risks to Nonproliferation Caused by Additive
Manufacturing.--Section 3139(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1215; 50 U.S.C.
2367 note) is amended to read as follows:
``(b) Briefings.--
``(1) In general.--Not later than March 31, 2016, and annually
thereafter through 2019, the President shall provide to the
appropriate congressional committees a briefing on the strategy
developed under subsection (a).
``(2) Interim briefings.--In addition to the briefings required
by paragraph (1), the President shall provide to the appropriate
congressional committees a notification or briefing if there is a
development in additive manufacture technology, or increased use of
additive manufacture technology, that could pose an increased risk
to the United States from nuclear proliferation.''.
SEC. 3138. REPORT ON UNITED STATES NUCLEAR DETERRENCE.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, the Secretary of Energy shall, consistent with
the protection of sources and methods, submit to the appropriate
congressional committees the full, unredacted report, and any related
materials, titled ``U.S. Nuclear Deterrence in the Coming Decades'',
dated August 15, 2014.
(b) Cover Letter.--The Secretary may submit to the appropriate
congressional committees, with the report submitted under subsection
(a), a cover letter containing any views or perspectives of the
Secretary on the report or related matters.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2017,
$31,000,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,950,000 for fiscal year 2017 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.

TITLE XXXV--MARITIME MATTERS

Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters

Subtitle B--Pribilof Islands Transition Completion

Sec. 3531. Short title.
Sec. 3532. Conveyance of property.
Sec. 3533. Transfer, use, and disposal of tract 43.

Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration

Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters

SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Department of
Transportation for fiscal year 2017, to be available without fiscal
year limitation if so provided in appropriations Acts, for programs
associated with maintaining the United States merchant marine, the
following amounts:
(1) For expenses necessary for operations of the United States
Merchant Marine Academy, $99,902,000, of which--
(A) $74,851,000 shall be for Academy operations; and
(B) $25,051,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $29,550,000, of which--
(A) $2,400,000 shall remain available until September 30,
2018, for the Student Incentive Program;
(B) $3,000,000 shall remain available until expended for
direct payments to such academies;
(C) $22,000,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $1,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $350,000 shall remain available until expended for
expenses to improve the monitoring of the service obligations
of graduates.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $36,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime Administration
operations and programs, $58,694,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $20,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a United
States flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $299,997,000.
(7) For expenses necessary to provide assistance for small
shipyards and maritime communities under section 54101 of title 46,
United States Code, $30,000,000, of which--
(A) $5,000,000 shall remain available until expended for
training grants; and
(B) $25,000,000 shall remain available until expended for
capital and related improvements.
(8) For administrative expenses associated with the program
authorized by chapter 537 of title 46, United States Code,
$3,000,000, which shall remain available until expended.
SEC. 3502. AUTHORITY TO EXTEND CERTAIN AGE RESTRICTIONS RELATING TO
VESSELS IN THE MARITIME SECURITY FLEET.
(a) Authority.--
(1) In general.--Section 53102 of title 46, United States Code,
is amended by adding at the end the following:
``(g) Authority To Extend Maximum Service Age for Vessel.--The
Secretary of Defense, in conjunction with the Secretary of
Transportation, may, for a particular participating fleet vessel, treat
the ages specified in section 53101(5)(A)(ii) and section 53106(c)(3)
as increased by up to 5 years if the Secretaries jointly determine that
it is in the national interest to do so.''.
(2) Conforming amendment.--The heading of subsection (f) of
such section is amended to read as follows: ``Authority To Waive
Age Restriction for Eligibility of a Vessel To Be Included in
Fleet.--''.
(b) Repeal of Redundant Age Limitation.--Section 53106(c)(3) of
such title is amended--
(1) in subparagraph (A), by striking ``or (C);'' and inserting
``; or'';
(2) in subparagraph (B), by striking ``; or'' and inserting a
period; and
(3) by striking subparagraph (C).
SEC. 3503. CORRECTIONS TO PROVISIONS ENACTED BY COAST GUARD
AUTHORIZATION ACTS.
(a) Short Title Correction.--The Coast Guard Authorization Act of
2015 (Public Law 114-120) is amended by striking ``Coast Guard
Authorization Act of 2015'' each place it appears (including in quoted
material) and inserting ``Coast Guard Authorization Act of 2016''.
(b) Title 46, United States Code.--
(1) Exam review.--Section 7510(c) of title 46, United States
Code, is amended--
(A) in paragraph (1)(D), by striking ``engine'' and
inserting ``engineer''; and
(B) in paragraph (9), by inserting a period after ``App''.
(2) Vessel certification.--Section 4503(f)(2) of title 46,
United States Code, is amended by striking ``, that'' and inserting
``, then''.
(c) Provisions Relating to the Pribilof Islands.--Section 521 of
the Coast Guard Authorization Act of 2016 (Public Law 114-120), as
amended by subsection (a), is amended by striking ``2015'' and
inserting ``2016''.
(d) Title 14, United States Code.--
(1) Redistribution of authorizations of appropriations.--
Section 2702 of title 14, United States Code, is amended--
(A) in paragraph (1)(B), by striking ``$6,981,036,000'' and
inserting ``$6,986,815,000''; and
(B) in paragraph (3)(B), by striking ``$140,016,000'' and
inserting ``$134,237,000''.
(2) Clerical amendment.--The analysis at the beginning of part
III of title 14, United States Code, is amended by striking the
period at the end of the item relating to chapter 29.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of Public Law 114-120.
SEC. 3504. STATUS OF NATIONAL DEFENSE RESERVE FLEET VESSELS.
Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405)
is amended--
(1) in subsection (a), by adding at the end the following:
``Vessels in the National Defense Reserve Fleet, including vessels
loaned to State maritime academies, shall be considered public
vessels of the United States.''; and
(2) by adding at the end the following:
``(g) Vessel Status.--A vessel in the National Defense Reserve
Fleet determined by the Maritime Administration to be of insufficient
value to remain in the National Defense Reserve Fleet shall remain a
vessel within the meaning of that term in section 3 of title 1, United
States Code, and subject to the rights and responsibilities of a vessel
under admiralty law at least until such time as the vessel is delivered
to a dismantling facility or is disposed of otherwise from the National
Defense Reserve Fleet.''.
SEC. 3505. NDRF NATIONAL SECURITY MULTI-MISSION VESSEL.
(a) In General.--The Secretary of Transportation, in consultation
with the Chief of Naval Operations and the Commandant of the Coast
Guard, shall ensure that the Maritime Administrator takes all necessary
actions--
(1) to complete the design of a national security multi-mission
vessel for the National Defense Reserve Fleet to allow for the
construction of such vessel to begin in fiscal year 2018; and
(2) subject to the availability of appropriations, to have an
entity enter into a contract for the construction of such vessel in
accordance with this section.
(b) Use of Vessel.--A vessel constructed pursuant to this section
shall be for use--
(1) as a training vessel that can be provided to State maritime
academies under section 51504(b) of title 46, United States Code;
and
(2) in conducting humanitarian assistance, disaster response,
domestic and foreign emergency contingency operations, and other
authorized uses of vessels of the National Defense Reserve Fleet.
(c) Construction and Documentation Requirements.--A vessel
constructed pursuant to this section shall meet the requirements for
and be issued a certificate of documentation and a coastwise
endorsement under chapter 121 of title 46, United States Code.
(d) Design Standards and Construction Practices.--Subject to
subsection (c), a vessel constructed pursuant to this section shall be
constructed using commercial design standards and commercial
construction practices that are consistent with the best interests of
the Federal Government.
(e) Consultation With Other Federal Entities.--The Maritime
Administrator may consult and coordinate with the Secretary of the Navy
regarding the vessel described in subsection (a) and activities
associated with such vessel.
(f) Contracting.--The Maritime Administrator shall provide for an
entity other than the Maritime Administration to contract for the
construction of the vessel described in subsection (a).
(g) Repeal of Plan Approval Requirement.--Section 109(j)(3) of
title 49, United States Code, is repealed.
SEC. 3506. SUPERINTENDENT OF UNITED STATES MERCHANT MARINE ACADEMY.
(a) In General.--Section 51301 of title 46, United States Code, is
amended by adding at the end the following:
``(c) Superintendent.--
``(1) In general.--The immediate command of the United States
Merchant Marine Academy shall be in the Superintendent of the
Academy, subject to the direction of the Maritime Administrator
under the general supervision of the Secretary of Transportation.
``(2) Appointment.--The Secretary of Transportation shall
appoint as the Superintendent--
``(A) an individual who has--
``(i) attained a general or flag officer rank in the
Navy, Army, Air Force, Marine Corps, Coast Guard, or
National Oceanic and Atmospheric Administration; and
``(ii) served at sea in any rank;
``(B) an individual who has--
``(i)(I) served at sea in the Navy, Army, Air Force,
Marine Corps, Coast Guard, or National Oceanic and
Atmospheric Administration; or
``(II) held a valid Coast Guard merchant mariner
credential; and
``(ii) demonstrated exemplary leadership in the
education of individuals in the Armed Forces or United
States merchant marine; or
``(C) if a qualified individual described in subparagraph
(A) or (B) does not apply for the position, an individual who
has--
``(i) attained the grade of captain or above in the
Navy, Coast Guard, or National Oceanic and Atmospheric
Administration or colonel or above in the Army, Air Force,
or Marine Corps; and
``(ii) served at sea in any grade.
``(3) Rule of construction.--Notwithstanding paragraph (2), the
Secretary of Transportation may appoint an individual who is the
best qualified candidate, even if such individual does not fully
meet the criteria described in paragraph (2).''.
(b) Savings Clause.--Nothing in this section may be construed to
require any change to the current leadership of the United States
Merchant Marine Academy.
SEC. 3507. USE OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING PROCEEDS.
(a) Funding Allocation.--Section 308704 of title 54, United States
Code, is amended--
(1) in subsection (a)(1), by amending subparagraph (C) to read
as follows:
``(C) The remainder shall be available to the Secretary to
carry out the Program, as provided in subsection (b).''; and
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) Allocation.--
``(A) In general.--Except as provided in subparagraph (B)
and paragraph (2), of the amounts available each fiscal year
for the Program under subsection (a)(1)(C)--
``(i) 50 percent shall be used for grants under section
308703(b); and
``(ii) 50 percent shall be used for grants under
section 308703(c).
``(B) Set aside.--
``(i) In general.--Not less than 25 percent of the
amounts available each fiscal year for the Program under
subsection (a)(1)(C) shall be used for the preservation and
presentation to the public of the maritime heritage
property of the Maritime Administration.
``(ii) Direct transfers.--The Secretary may provide
amounts used for the preservation and presentation to the
public of the maritime heritage property of the Maritime
Administration through direct transfers to the Maritime
Administration.
``(iii) Waiver.--The Maritime Administrator may waive
the application of clause (i) for any fiscal year.''.
(b) Conforming Amendment.--Section 308703(c)(1) of title 54, United
States Code, is amended by striking ``under section 308704(b)(1)(B)''
and inserting ``under section 308704(b)(1)(A)''.
(c) Reporting Requirement.--Section 308703(j) of title 54, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Congress'' and inserting ``the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on Natural Resources
of the House of Representatives, the Committee on Armed Services of
the House of Representatives, and the Committee on Transportation
and Infrastructure of the House of Representatives'';
(2) by redesignating paragraphs (1), (2), and (3) as paragraphs
(2), (3), and (4), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) the total number of grant applications submitted and
approved under the Program in the period covered by the report;'';
and
(4) in paragraph (2), as redesignated, by inserting
``detailed'' before ``description''.
(d) Annual Report by the Maritime Administration.--
(1) In general.--Not later than January 1 of each year, the
Maritime Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
management of the Ship Disposal program of the Maritime
Administration.
(2) Contents.--Each report under paragraph (1) shall include--
(A) the total amount of funds, attributable to the Ship
Disposal program of the Maritime Administration, credited in
the most recently completed fiscal year to--
(i) the Vessel Operations Revolving Fund established by
section 50301(a) of title 46, United States Code; and
(ii) any other account;
(B) the balance of funds available at the end of that
fiscal year in--
(i) the Vessel Operations Revolving Fund; and
(ii) any other account for which a credited amount was
included under subparagraph (A)(ii);
(C) a detailed description of the funds credited to and
distributions from the Vessel Operations Revolving Fund in that
fiscal year; and
(D) a summary of each maritime heritage project selected by
the Maritime Administrator, for preservation and presentation
to the public of the Maritime Administration's maritime
heritage property, for which funds from the Vessel Operations
Revolving Fund were expended in that fiscal year.
(e) Assessments by the Maritime Administration.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, and biennially thereafter, the Maritime
Administrator shall complete an assessment of the Ship Disposal
program of the Maritime Administration.
(2) Contents.--Each assessment under paragraph (1) shall
include--
(A) an inventory of each vessel, subject to a disposal
agreement or a memorandum of agreement with another Federal
agency relating to the disposal of the vessel, for which the
Maritime Administration is acting as the disposal agency,
including--
(i) the age of the vessel; and
(ii) the name of the Federal agency that has or had
custody over the vessel prior to any disposal agreement or
memorandum of agreement with the Maritime Administration;
(B) an inventory of each vessel of a Federal agency that
may meet the criteria for the Maritime Administration to act as
the disposal agency, including--
(i) the age of the vessel;
(ii) the name of the applicable Federal agency; and
(iii) whether the vessel is expected to be declared
obsolete and dismantled in the next 5 years;
(C) a plan to serve as the disposal agency, as appropriate,
for the vessels described in subparagraph (B);
(D) a plan for the timely distribution of the proceeds that
the Maritime Administration currently has in ship disposal
accounts;
(E) a projection of future distributions of such proceeds;
and
(F) any other assessment related to the Ship Disposal
program that the Maritime Administrator determines appropriate.
(3) Inclusion in the annual report.--A detailed description of
the results of each assessment under paragraph (1) shall be
included in the annual report under subsection (d) for the year in
which the assessment was completed.
(f) Cessation of Effectiveness.--Subsections (d) and (e) of this
section shall cease to be effective on the date that is 5 years and 1
day after the date of the enactment of this Act.
SEC. 3508. FLOATING DRY DOCKS.
Section 55122 of title 46, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Dry Docks for Construction of Certain Naval Vessels.--
``(1) In general.--In applying subsection (a) to a floating dry
dock used for the construction of naval vessels in a shipyard
located in the United States, the ownership and operation
requirement in paragraph (1)(B) of that subsection shall be treated
as satisfied and `December 19, 2017' shall be substituted for the
date referred to in paragraph (1)(C) of that subsection if the
Secretary of the Navy determines that--
``(A) such dry dock is necessary for the timely completion
of such construction; and
``(B) such dry dock--
``(i) is owned and operated by--

``(I) a shipyard located in the United States that
is an eligible owner specified under section 12103(b);
or
``(II) an affiliate of such a shipyard; or

``(ii) is--

``(I) owned by the State in which the shipyard is
located or a political subdivision of that State; and
``(II) operated by a shipyard located in the United
States that is an eligible owner specified under
section 12103(b).

``(2) Notice to congress.--Not later than 30 days after making
a determination under paragraph (1), the Secretary of the Navy
shall notify the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate of such determination.''.
SEC. 3509. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS FOR
INDIVIDUALS UNDERGOING SEPARATION, DISCHARGE, OR RELEASE FROM THE ARMED
FORCES.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in subsection (b)(2), by striking ``and'' after the
semicolon at the end of subparagraph (F), by redesignating
subparagraph (G) as subparagraph (H), and by inserting after
subparagraph (F) the following:
``(G) a member of the Armed Forces who--
``(i) is undergoing separation, discharge, or release from
the Armed Forces under honorable conditions;
``(ii) applies for a transportation security card; and
``(iii) is otherwise eligible for such a card; and''; and
(2) by amending subsection (j) to read as follows:
``(j) Priority Processing for Separating Service Members.--(1) The
Secretary and the Secretary of Defense shall enter into a memorandum of
understanding regarding the submission and processing of applications
for transportation security cards under subsection (b)(2)(G).
``(2) Not later than 30 days after the submission of such an
application by an individual who is eligible to submit such an
application, the Secretary shall process and approve or deny the
application unless an appeal or waiver applies or further application
documentation is necessary.''.
(b) Deadline for Memorandum.--The Secretary of the department in
which the Coast Guard is operating and the Secretary of Defense shall
enter into the memorandum of understanding required by the amendment
made by subsection (a)(2) by not later than 180 days after the date of
the enactment of this Act.
(c) Application of Processing Deadline.--Section 70105(j)(2) of
title 46, United States Code, as amended by this section, shall apply
to applications for transportation security cards submitted after the
expiration of the 180-day period beginning on the date of the enactment
of this Act.
(d) Reports.--
(1) Initial report.--
(A) Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly submit a report
described in subparagraph (B) to the Committee on Armed
Services, the Committee on Commerce, Science, and
Transportation, and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Armed
Services, the Committee on Homeland Security, and the Committee
on Transportation and Infrastructure of the House of
Representatives.
(B) Contents.--The report under subparagraph (A) shall
include the following:
(i) The memorandum of understanding required by section
70105(j)(1) of title 46, United States Code, as amended by
this section.
(ii) The number of individuals eligible to apply for a
transportation security card under section 70105(b)(2)(G)
of title 46, United States Code, as amended by this
section, the number of such individuals who applied for
such a card, and the number of such individuals who have
been issued such a card, as of the date of the report.
(iii) If the Secretary failed to process and approve or
deny any applications received from individuals eligible to
apply for such a card under such section before the
deadline specified in section 70105(j)(2) of such title, as
amended by this section, a description of the reasons for
the failure and of the actions being taken to assure that
future applications are processed and issued or denied
within such deadline.
(2) Subsequent report.--Not later than 2 years after the date
of enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly submit a report to
such Committees containing the information described in clauses
(ii) and (iii) of paragraph (1)(B).
SEC. 3510. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL ASSAULT AT
THE UNITED STATES MERCHANT MARINE ACADEMY.
(a) Policy.--Chapter 513 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 51318. Policy on sexual harassment and sexual assault
``(a) Required Policy.--
``(1) In general.--The Secretary of Transportation shall direct
the Superintendent of the United States Merchant Marine Academy to
prescribe a policy on sexual harassment and sexual assault
applicable to the cadets and other personnel of the Academy.
``(2) Matters to be specified in policy.--The policy on sexual
harassment and sexual assault prescribed under this subsection
shall include--
``(A) a program to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy personnel;
``(B) procedures that a cadet or other Academy personnel
should follow in the case of an occurrence of sexual harassment
or sexual assault, including--
``(i) specifying the person or persons to whom an
alleged occurrence of sexual harassment or sexual assault
should be reported by the victim and the options for
confidential reporting;
``(ii) specifying any other person whom the victim
should contact; and
``(iii) procedures on the preservation of evidence
potentially necessary for proof of criminal sexual assault;
``(C) a procedure for disciplinary action in cases of
alleged criminal sexual assault involving a cadet or other
Academy personnel;
``(D) any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual assault
involving a cadet or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense,
whether forcible or nonforcible;
``(E) procedures through which--
``(i) questions regarding sexual harassment or sexual
assault can be confidentially asked and confidentially
answered;
``(ii) victims can report incidents of sexual assault
confidentially; and
``(iii) the privacy of victims of sexual harassment and
sexual assault will be protected; and
``(F) required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual
harassment or sexual assault involving Academy personnel.
``(3) Availability of policy.--The Secretary shall ensure that
the policy developed under this subsection is available to--
``(A) all cadets and employees of the Academy; and
``(B) the public.
``(4) Consultation and assistance.--In developing the policy
under this subsection, the Secretary may consult with or receive
assistance from such Federal, State, local, and national
organizations and subject matter experts as the Secretary considers
appropriate.
``(b) Development Program.--
``(1) In general.--The Secretary shall ensure that the
development program of the Academy includes a section that--
``(A) describes the relationship between honor, respect,
and character development and the prevention of sexual
harassment and sexual assault at the Academy;
``(B) includes a brief history of the problem of sexual
harassment and sexual assault in the merchant marine, in the
Armed Forces, and at the Academy; and
``(C) includes information relating to reporting sexual
harassment and sexual assault, victims' rights, and dismissal
for offenders.
``(2) Minimum training requirements.--The Superintendent shall
ensure that all cadets receive training on the sexual harassment
and sexual assault prevention and response sections of the
development program of the Academy, as described in paragraph (1),
as follows:
``(A) An initial training session, which shall occur not
later than 7 days after a cadet's initial arrival at the
Academy.
``(B) Additional training sessions, which shall occur
biannually following the cadet's initial training session until
the cadet graduates or leaves the Academy.
``(c) Annual Assessment.--
``(1) In general.--The Secretary, in cooperation with the
Superintendent, shall conduct an assessment at the Academy, during
each Academy program year, to determine the effectiveness of the
policies, procedures, and training program of the Academy with
respect to sexual harassment and sexual assault involving cadets or
other Academy personnel.
``(2) Biennial survey.--For each assessment of the Academy
under paragraph (1) during an Academy program year that begins in
an odd-numbered calendar year, the Secretary shall conduct a survey
of cadets and other Academy personnel--
``(A) to measure--
``(i) the incidence, during that program year, of
sexual harassment and sexual assault events involving
cadets or other Academy personnel, on or off the Academy
campus, that have been reported to officials of the
Academy; and
``(ii) the incidence, during that program year, of
sexual harassment and sexual assault events involving
cadets or other Academy personnel, on or off the Academy
campus, that have not been reported to officials of the
Academy; and
``(B) to assess the perceptions of cadets and other Academy
personnel on--
``(i) the policies, procedures, and training programs
of the Academy on sexual harassment and sexual assault
involving cadets or other Academy personnel;
``(ii) the enforcement of the policies described in
clause (i);
``(iii) the incidence of sexual harassment and sexual
assault involving cadets or other Academy personnel; and
``(iv) any other issues relating to sexual harassment
and sexual assault involving cadets or other Academy
personnel.
``(3) Focus groups for years when survey not required.--In any
year in which the Secretary is not required to conduct the survey
described in paragraph (2), the Secretary shall conduct focus
groups at the Academy for the purposes of ascertaining information
relating to sexual assault and sexual harassment issues at the
Academy.
``(d) Annual Report.--
``(1) In general.--For each Academy program year, the
Superintendent shall submit to the Secretary a report that provides
information about sexual harassment and sexual assault involving
cadets or other Academy personnel.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the Academy program year covered by the report--
``(A) the number of sexual assaults, rapes, and other
sexual offenses involving cadets or other Academy personnel
that have been reported to Academy officials;
``(B) the number of the reported cases described in
subparagraph (A) that have been substantiated;
``(C) the policies, procedures, and training implemented by
the Superintendent and the leadership of the Academy in
response to incidents of sexual harassment and sexual assault
involving cadets and other Academy personnel; and
``(D) a plan for the actions that will be taken in the
following Academy program year regarding prevention of, and
response to, incidents of sexual harassment and sexual assault
involving cadets and other Academy personnel.
``(3) Survey and focus group results.--
``(A) Survey results.--Each report under paragraph (1) for
an Academy program year that begins in an odd-numbered calendar
year shall include the results of the survey conducted in that
program year under subsection (c)(2).
``(B) Focus group results.--Each report under paragraph (1)
for an Academy program year in which the Secretary is not
required to conduct the survey described in subsection (c)(2)
shall include the results of the focus group conducted in that
program year under subsection (c)(3).
``(4) Reporting requirement.--
``(A) By the superintendent.--For each incident of sexual
harassment or sexual assault reported to the Superintendent,
the Superintendent shall provide to the Secretary and the Board
of Visitors of the Academy a report that includes--
``(i) the facts surrounding the incident, except for
any details that would reveal the identities of the people
involved; and
``(ii) the Academy's response to the incident.
``(B) By the secretary.--The Secretary shall submit a copy
of each report received under subparagraph (A) and the
Secretary's comments on the report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.''.
(b) Clerical Amendment.--The table of sections for chapter 513 of
title 46, United States Code, is amended by adding at the end the
following:

``51318. Policy on sexual harassment and sexual assault.''.
SEC. 3511. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT
VICTIM ADVOCATES.
(a) Coordinators and Advocates.--Chapter 513 of title 46, United
States Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 51319. Sexual assault response coordinators and sexual assault
victim advocates
``(a) Sexual Assault Response Coordinators.--The United States
Merchant Marine Academy shall employ or contract with at least 1 full-
time sexual assault response coordinator who shall reside at or near
the Academy. The Secretary of Transportation may assign additional
full-time or part-time sexual assault response coordinators at the
Academy as necessary.
``(b) Volunteer Sexual Assault Victim Advocates.--
``(1) In general.--The Secretary, acting through the
Superintendent of the Academy, shall designate from among
volunteers 1 or more permanent employees of the Academy to serve as
advocates for victims of sexual assaults involving cadets of the
Academy or other Academy personnel.
``(2) Training; other duties.--Each victim advocate designated
under this subsection shall--
``(A) have or receive training in matters relating to
sexual assault and the comprehensive policy developed under
section 51318; and
``(B) serve as a victim advocate voluntarily, in addition
to the individual's other duties as an employee of the Academy.
``(3) Primary duties.--While performing the duties of a victim
advocate under this subsection, a designated employee shall--
``(A) support victims of sexual assault by informing them
of the rights and resources available to them as victims;
``(B) identify additional resources to ensure the safety of
victims of sexual assault; and
``(C) connect victims of sexual assault to companions, as
described in paragraph (4).
``(4) Companions.--
``(A) In general.--At least 1 victim advocate designated
under this subsection, or a sexual assault response coordinator
designated under subsection (a), while performing the duties of
a victim advocate, shall act as a companion to a victim
described in paragraph (1) in navigating investigative,
medical, mental, and emotional health, and recovery processes
relating to sexual assault.
``(B) Alternate victim advocates.--If requested by the
victim, an alternate victim advocate shall be designated under
this subsection to act as a companion to the victim, as
described in subparagraph (A).
``(5) Hotline.--The Secretary shall establish a 24-hour hotline
through which the victim of a sexual assault described in paragraph
(1) can receive victim support services.
``(6) Formal relationships with other entities.--The Secretary
may enter into formal relationships with other entities to make
available additional victim advocates or to implement paragraphs
(3), (4), and (5).''.
(b) Clerical Amendment.--The table of sections for chapter 513 of
title 46, United States Code, as amended by this Act, is further
amended by adding at the end the following:

``51319. Sexual assault response coordinators and sexual assault victim
advocates.''.
SEC. 3512. REPORT FROM THE DEPARTMENT OF TRANSPORTATION INSPECTOR
GENERAL.
(a) In General.--Not later than March 31, 2018, the Inspector
General of the Department of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the effectiveness of the sexual
harassment and sexual assault prevention and response program at the
United States Merchant Marine Academy.
(b) Contents.--The report required under subsection (a) shall--
(1) assess progress toward addressing any outstanding
recommendations;
(2) include any recommendations to reduce the number of sexual
assaults involving members of the Academy, whether a member is the
victim, the alleged assailant, or both; and
(3) include any recommendations to improve the response of the
Department and the Academy to reports of sexual assaults involving
members of the Academy, whether a member is the victim, a member is
the alleged assailant, or both.
(c) Expertise.--In compiling the report required under this
section, the Inspector General shall--
(1) include on the inspection teams acting under the direction
of the Inspector General at least 1 member with expertise and
knowledge of sexual assault prevention and response policies; or
(2) consult with subject matter experts in the prevention of
and response to sexual assaults.
SEC. 3513. SEXUAL ASSAULT PREVENTION AND RESPONSE WORKING GROUP.
(a) In General.--Not later than 21 days after the date of the
enactment of this Act, the Maritime Administrator shall convene a
working group to examine methods to improve the prevention of, and
response to, any sexual harassment, sexual assault, or other
inappropriate conduct, as well as methods to improve the shipboard
climate, that occurs during a cadet's Sea Year experience with the
United States Merchant Marine Academy.
(b) Membership.--The working group shall be composed of members
designated by the Maritime Administrator as follows:
(1) A representative of the Maritime Administration, who shall
serve as the chair of the working group.
(2) The Superintendent of the Academy (or the Superintendent's
designee).
(3) A sexual assault response coordinator appointed under
section 51319 of title 46, United States Code, as added by this
Act.
(4) A subject matter expert from the Coast Guard.
(5) A subject matter expert from the Military Sealift Command.
(6) A subject matter expert from the National Oceanic and
Atmospheric Administration.
(7) At least 1 representative from each State maritime academy.
(8) At least 1 representative from each private contracting
party participating in the maritime security program.
(9) At least 1 representative from each nonprofit labor
organization representing a class or craft of employees employed on
vessels in the Maritime Security Fleet.
(10) At least 2 representatives from approved maritime training
institutions.
(11) At least 1 representative from companies that--
(A) participate in sea training of Academy cadets; and
(B) do not participate in the maritime security program.
(12) Such additional individuals as the Maritime Administrator
may designate.
(c) No Quorum Requirement.--The chair may convene the working group
without all members present.
(d) Responsibilities.--The working group shall--
(1) evaluate options that could promote a climate of honor and
respect, and a culture that is intolerant of sexual harassment,
sexual assault, or other inappropriate conduct and those who commit
it, with operators of vessels of the United States;
(2) raise awareness of sexual harassment, sexual assault, or
other inappropriate conduct with operators of vessels of the United
States;
(3) assess options that could be implemented by the operators
of vessels of the United States that would remove any barriers to
the reporting of sexual harassment, sexual assault, or other
inappropriate conduct that occurs during a cadet's Sea Year
experience and protect the victim's confidentiality;
(4) assess a potential program or policy to improve the
prevention of, and response to, incidents of sexual harassment,
sexual assault, or other inappropriate conduct;
(5) assess a potential program or policy requiring crews to
complete a sexual harassment and sexual assault prevention and
response training program before the cadet's Sea Year that
includes--
(A) fostering a shipboard climate--
(i) that does not tolerate sexual harassment, sexual
assault, or other inappropriate conduct;
(ii) in which persons assigned to vessel crews are
encouraged to intervene to prevent such potential
incidents; and
(iii) that encourages victims to report any incident of
sexual harassment, sexual assault, or other inappropriate
conduct; and
(B) promoting an understanding of the needs of, and the
resources available to, a victim after an incident of sexual
harassment, sexual assault, or other inappropriate conduct;
(6) assess all other feasible changes to Sea Year training at
the Academy, and corresponding changes to curricula, to improve
prevention of and response to incidents of sexual harassment,
sexual assault, and other inappropriate conduct; and
(7) assess how vessel operators could ensure the
confidentiality of a report of sexual harassment, sexual assault,
or other inappropriate conduct in order to protect the victim and
prevent retribution.
(e) Report.--Not later than 9 months after the date of the
enactment of this Act, the working group shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes--
(1) recommendations on each of the working group's
responsibilities described in subsection (d);
(2) a description of the trade-offs, opportunities, and
challenges associated with the recommendations described in
paragraph (1);
(3) a description of administrative actions taken as result of
the recommendations described in paragraph (1); and
(4) any other information the working group determines
appropriate.
SEC. 3514. SEA YEAR COMPLIANCE.
Not later than 90 days after the date of the enactment of this Act,
the Maritime Administrator, in consultation with operators of
commercial vessels of the United States, shall establish--
(1) criteria that vessel operators must meet in order to
participate in the Sea Year program of the United States Merchant
Marine Academy that addresses sexual harassment, sexual assault,
and other inappropriate conduct; and
(2) a process for verifying compliance with the criteria.
SEC. 3515. STATE MARITIME ACADEMY PHYSICAL STANDARDS AND REPORTING.
Section 51506 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``must'' and inserting ``shall'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) agree that any individual enrolled at such State maritime
academy in a merchant marine officer preparation program--
``(A) shall, not later than 9 months after such
individual's date of enrollment, pass an examination in form
and substance satisfactory to the Secretary that demonstrates
that such individual meets the medical and physical
requirements--
``(i) required for the issuance of an original license
under section 7101; or
``(ii) set by the Coast Guard for issuing merchant
mariners' documentation under section 7302, with no limit
to the individual's operational authority;
``(B) following passage of the examination under
subparagraph (A), shall continue to meet the requirements
described in subparagraph (A) throughout the remainder of the
individual's enrollment at the State maritime academy; and
``(C) if the individual has a medical or physical condition
that disqualifies the individual from meeting the requirements
referred to in subparagraph (A), shall be transferred to a
program other than a merchant marine officer preparation
program, or otherwise appropriately disenrolled from such State
maritime academy, until the individual demonstrates to the
Secretary that the individual meets such requirements.''; and
(2) by adding at the end the following:
``(c) Secretarial Waiver Authority.--The Secretary may modify or
waive any of the terms set forth in subsection (a)(4) with respect to
any individual or State maritime academy.''.
SEC. 3516. APPOINTMENTS.
(a) In General.--Section 51303 of title 46, United States Code, is
amended by striking ``40'' and inserting ``50''.
(b) Class Profiles.--
(1) In general.--Not later than August 31 of each year, the
Superintendent of the United States Merchant Marine Academy shall
post on the Academy's public website a profile of each class at the
Academy.
(2) Contents.--Each profile posted under paragraph (1) shall
include, for the incoming class of the Academy and for the 4
classes that preceded that class at the Academy, the number and
percentage of students by--
(A) State;
(B) country;
(C) gender;
(D) race and ethnicity; and
(E) prior military service.
SEC. 3517. MARITIME WORKFORCE WORKING GROUP.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Maritime Administrator, in consultation with
the Coast Guard Merchant Marine Personnel Advisory Committee and the
Committee on the Marine Transportation System, shall convene a working
group to examine and assess the size of the pool of United States
citizen mariners necessary to support the United States flag fleet in
times of national emergency.
(b) Membership.--The Maritime Administrator shall designate
individuals to serve as members of the working group convened under
subsection (a). The working group shall include, at a minimum, at least
1 representative from each of--
(1) the Maritime Administration, who shall serve as chairperson
of the working group;
(2) the United States Merchant Marine Academy;
(3) the Coast Guard;
(4) the Military Sealift Command;
(5) the Navy;
(6) the State maritime academies;
(7) a nonprofit labor organization representing a class of
licensed employees who are employed on vessels operating in the
United States flag fleet;
(8) a nonprofit labor organization representing a class of
unlicensed employees who are employed on vessels operating in the
United States flag fleet;
(9) the pool of owners of vessels operating in the United
States flag fleet, or their private contracting parties, that are
primarily operating in coastwise trades; and
(10) the pool of owners of vessels operating in the United
States flag fleet, or their private contracting parties, that are
primarily operating in international transportation.
(c) No Quorum Requirement.--The Maritime Administrator may convene
the working group virtually and without all members present.
(d) Responsibilities.--The working group shall--
(1) identify the number of United States citizen mariners--
(A) in total;
(B) that have a valid Coast Guard merchant mariner
credential with the necessary endorsements for service on
unlimited tonnage vessels that are subject to the International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as amended;
(C) that are involved in Federal programs that support the
United States merchant marine and the United States flag fleet;
(D) that are available to crew the United States flag fleet
and the surge sealift fleet in times of a national emergency;
(E) that are full-time mariners;
(F) that have sailed in the prior 18 months;
(G) that are primarily operating in noncontiguous or
coastwise trades; and
(H) that are merchant mariner credentialed officers in the
United States Navy Reserve;
(2) assess the impact on the United States merchant marine and
United States Merchant Marine Academy if graduates from State
maritime academies and the United States Merchant Marine Academy
were assigned to, or required to fulfill, certain maritime
positions based on the overall needs of the United States merchant
marine;
(3) assess the Coast Guard Merchant Mariner Licensing and
Documentation System and its accessibility and value to the
Maritime Administration for the purposes of evaluating the pool of
United States citizen mariners; and
(4) make recommendations to enhance the availability and
quality of interagency data, including data from the United States
Transportation Command, the Coast Guard, the Navy, and the Bureau
of Transportation Statistics, for use by the Maritime
Administration for evaluating the pool of United States citizen
mariners.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Transportation shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate,
the Committee on Armed Services of the House of Representatives, and
the Committee on Transportation and Infrastructure of the House of
Representatives that contains the results of the study conducted under
this section, including--
(1) the number of United States citizen mariners identified for
each category described in subparagraphs (A) through (H) of
subsection (d)(1);
(2) the results of the assessments conducted under paragraphs
(2) and (3) of subsection (d); and
(3) the recommendations made under subsection (d)(4).
(f) Inclusion of Merchant Marine-credentialed Officers in the Navy
Reserve.--For the purposes of this section, the term ``United States
citizen mariners'' includes, but is not limited to, officers in the
United States Navy Reserve who are holders of merchant mariner
credentials, as determined by the Secretary of the Navy.
(g) Sunset.--The Maritime Administrator may disband the working
group upon submission of the report under subsection (e).
SEC. 3518. MARITIME EXTREME WEATHER TASK FORCE.
(a) Establishment of Task Force.--Not later than 15 days after the
date of the enactment of this Act, the Secretary of Transportation
shall establish a task force to analyze the impact of extreme weather
events, such as in the maritime environment (referred to in this
section as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary or the Secretary's designee; and
(2) a representative of--
(A) the Coast Guard;
(B) the National Oceanic and Atmospheric Administration;
and
(C) such other Federal agency or independent commission as
the Secretary considers appropriate.
(c) Report.--
(1) In general.--Except as provided in paragraph (4), not later
than 180 days after the date it is established under subsection
(a), the Task Force shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the analysis under subsection (a).
(2) Contents.--The report under paragraph (1) shall include--
(A) an identification of available weather prediction,
monitoring, and routing technology resources;
(B) an identification of industry best practices relating
to response to, and prevention of marine casualties from,
extreme weather events;
(C) a description of how the resources described in
subparagraph (A) are used in the various maritime sectors,
including by passenger and cargo vessels;
(D) recommendations for improving maritime response
operations to extreme weather events and preventing marine
casualties from extreme weather events, such as promoting the
use of risk communications and the technologies identified
under subparagraph (A); and
(E) recommendations for any legislative or regulatory
actions for improving maritime response operations to extreme
weather events and preventing marine casualties from extreme
weather events.
(3) Publication.--The Secretary shall make the report under
paragraph (1) and any notification under paragraph (4) publicly
accessible in an electronic format.
(4) Imminent threats.--The Task Force shall immediately notify
the Secretary of any finding or recommendations that could protect
the safety of an individual on a vessel from an imminent threat of
extreme weather.
SEC. 3519. WORKFORCE PLANS AND ONBOARDING POLICIES.
(a) Workforce Plans.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall review the
Maritime Administration's workforce plans, including its Strategic
Human Capital Plan and Leadership Succession Plan, and fully implement
competency models for mission-critical occupations, including--
(1) leadership positions;
(2) human resources positions; and
(3) transportation specialist positions.
(b) Onboarding Policies.--Not later than 9 months after the date of
the enactment of this Act, the Maritime Administrator shall--
(1) review the Maritime Administration's policies related to
new hire orientation, training, and misconduct;
(2) align the onboarding policies and procedures at
headquarters and the field offices to ensure consistent
implementation and provision of critical information across the
Maritime Administration; and
(3) update the Maritime Administration's training policies and
training systems to include controls that ensure that all completed
training is tracked in a standardized training repository.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Maritime Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives that describes the
Maritime Administration's compliance with the requirements under this
section.
SEC. 3520. DRUG AND ALCOHOL POLICY.
(a) Review.--Not later than 9 months after the date of the
enactment of this Act, the Maritime Administrator shall--
(1) review the Maritime Administration's drug and alcohol
policies, procedures, and training practices;
(2) ensure that all fleet managers have received training on
the Department of Transportation's drug and alcohol policy,
including the testing procedures used by the Department and the
Maritime Administration in cases of reasonable suspicion; and
(3) institute a system for tracking all drug and alcohol policy
training conducted under paragraph (2) in a standardized training
repository.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Maritime Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives that describes the
Maritime Administration's compliance with the requirements under this
section.
SEC. 3521. VESSEL TRANSFERS.
Not later than 9 months after the date of the enactment of this
Act, the Maritime Administrator shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives that describes the
Maritime Administration policies and procedures for vessel transfer,
including--
(1) a summary of the actions taken to update the Vessel
Transfer Office procedures manual to reflect the current range of
program responsibilities and processes; and
(2) a copy of the updated Vessel Transfer Office procedures to
process vessel transfer applications.
SEC. 3522. CLARIFYING AMENDMENT; CONTINUATION BOARDS.
Section 290(a) of title 14, United States Code, is amended by
striking ``five officers serving in the grade of vice admiral'' and
inserting ``5 officers (other than the Commandant) serving in the grade
of admiral or vice admiral''.
SEC. 3523. POLAR ICEBREAKER RECAPITALIZATION PLAN.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of the Navy, shall submit to the appropriate committees of
Congress a detailed recapitalization plan to address the 2013
Department of Homeland Security Mission Need Statement with respect to
icebreaking.
(b) Contents.--The plan required under subsection (a) shall--
(1) detail the number of heavy and medium polar icebreakers
required to meet Coast Guard statutory missions in the polar
regions;
(2) identify the vessel specifications, capabilities, systems,
equipment, and other details required for the design of heavy polar
icebreakers capable of fulfilling the mission requirements of the
Coast Guard and the Navy, and the requirements of other agencies
and departments of the United States, as the Secretary determines
appropriate;
(3) list the specific appropriations required for the
acquisition of each icebreaker, for each fiscal year, until the
full fleet is recapitalized;
(4) describe the potential savings of serial acquisition for
new polar class icebreakers, including specific schedule and
acquisition requirements needed to realize such savings;
(5) describe any polar icebreaking capacity gaps that may arise
based on the current fleet and current procurement outlook; and
(6) describe any additional polar icebreaking capability gaps
that may arise due to any further delay in procurement schedules.
(c) Definitions.--In this section, the following definitions apply:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(2) Secretary.--Except as otherwise specifically provided, the
term ``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
SEC. 3524. GAO REPORT ON ICEBREAKING CAPABILITY IN UNITED STATES.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on the
current state of the United States Federal icebreaking fleet.
(b) Contents.--The report required under subsection (a) shall
include--
(1) an analysis of the icebreaking assets in operation in the
United States and a description of the missions completed by such
assets;
(2) an analysis of how such assets and the capabilities of such
assets are consistent, or inconsistent, with the icebreaking
mission requirements described in the 2013 Department of Homeland
Security Mission Need Statement, the Naval Operations Concept 2010,
and other military and civilian governmental missions in the United
States;
(3) an analysis of the gaps in icebreaking capability of the
United States based on the expected service life of the fleet of
United States icebreaking assets;
(4) a list of countries that are allies of the United States
that have the icebreaking capacity to exercise missions during any
identified gap in United States icebreaking capacity; and
(5) a description of the policy, financial, and other barriers
that have prevented timely recapitalization of the Coast Guard
icebreaking fleet and recommendations to overcome such barriers,
including potential international fee-based models used to
compensate governments for icebreaking escorts or maintenance of
maritime routes.
(c) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.

Subtitle B--Pribilof Islands Transition Completion

SEC. 3531. SHORT TITLE.
This subtitle may be cited as the ``Pribilof Islands Transition
Completion Amendments Act of 2016''.
SEC. 3532. CONVEYANCE OF PROPERTY.
(a) Conveyance.--Subsection (a) of section 522 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120, as
amended by this Act) is amended to read as follows:
``(a) Conveyance.--In partial settlement of land claims under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and not
later than 30 days after the date of enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016, the Secretary of Commerce
shall, notwithstanding section 105(a) of the Pribilof Islands
Transition Act (16 U.S.C. 1161 note; Public Law 106-562), convey to the
Alaska Native Village Corporation for St. Paul Island all right, title,
and interest of the United States in and to the following property,
including improvements on such property:
``(1) Lots 4, 5, and 6A, Block 18, Tract A, U.S. Survey 4943,
Alaska, the plat of which was Officially Filed on January 20, 2004,
aggregating 13,006 square feet (0.30 acres).
``(2) T. 35 S., R. 131 W., Seward Meridian, Alaska, Tract 39,
the plat of which was Officially Filed on May 14, 1986, containing
0.90 acres.''.
(b) Conforming Amendments; Easement.--Section 522 of such Act, as
amended by subsection (a), is further amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by adding at the end the following:
``(c) Easement.--As part of the conveyance under subsection (a),
the Secretary of Commerce, in cooperation with the Alaska Native
Village Corporation for St. Paul Island, shall provide an easement to
the Secretary of Transportation to maintain a non-directional beacon on
the property described in subsection (a)(2).''.
SEC. 3533. TRANSFER, USE, AND DISPOSAL OF TRACT 43.
(a) In General.--Section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120, as amended by this Act) is
amended to read as follows:
``SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43.
``(a) Transfer.--Not later than 30 days after the date of the
enactment of the Pribilof Islands Transition Completion Amendments Act
of 2016, the Secretary of Commerce shall--
``(1) terminate the license; and
``(2) transfer tract 43 to the Secretary of the department in
which the Coast Guard is operating.
``(b) Determination, Transfer, and Conveyance.--
``(1) In general.--Not later than the end of the 90-day period
beginning on the date of the transfer required under subsection
(a)(2), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a determination of--
``(A) lands and improvements in tract 43 that are not
necessary to carry out Coast Guard communications and search
and rescue activities; and
``(B) the smallest practicable tract enclosing lands and
improvements in tract 43 that are necessary to carry out such
communications and activities.
``(2) Surveys, maps, descriptions, and plan.--
``(A) Lands and improvements not necessary to coast guard
activities.--The determination under paragraph (1)(A) shall
include a metes-and-bounds survey, map, and legal description
of the lands and improvements to which the determination
applies. Such survey, map, and legal description shall have the
same force and effect as if included in this section, except
that the Secretary may correct clerical and typographical
errors in the survey, map, and legal description.
``(B) Lands and improvements necessary to coast guard
activities.--The determination under paragraph (1)(B) shall
include with respect to the lands and improvements to which the
determination applies--
``(i) a metes-and-bounds survey, map, and legal
description of such lands and improvements, which shall
have the same force and effect as if included in this
section, except that the Secretary may correct clerical and
typographical errors in the survey, map, and legal
description;
``(ii) a description of Coast Guard actual use and
occupancy of such lands and improvements intended to occur
within 3 years after the date of the enactment of the
Pribilof Islands Transition Completion Amendments Act of
2016; and
``(iii) a plan to maintain existing facilities in
useable condition, or demolish or replace those facilities,
including a cost estimate for carrying out such plan.
``(3) Conveyance.--In partial settlement of land claims under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
and not later than 60 days after the submission of the
determination under paragraph (1)(A), the Secretary shall convey to
the Alaska Native Village Corporation for St. Paul Island all
right, title, and interest of the United States in and to the land
and improvements depicted on the metes-and-bounds survey, map, and
legal description of the lands and improvements to which the
determination under paragraph (1)(A) applies.
``(4) Failure to provide determination.--If a determination
under paragraph (1) is not provided within the period specified in
that paragraph, in partial settlement of land claims under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) the
Secretary shall, by not later than 30 days after the end of that
period, convey all right, title, and interest of the United States
in and to tract 43 to the Alaska Native Village Corporation for St.
Paul Island.
``(5) Failure to implement use and occupancy.--If the use and
occupancy described in paragraph (2)(B)(ii) have not been fully
implemented within 5 years after the date of enactment of the
Pribilof Islands Transition Completion Amendments Act of 2016, in
partial settlement of land claims under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.) the Secretary shall convey
to the Alaska Native Village Corporation for St. Paul Island all
right, title, and interest of the United States in and to such
portions of the lands and improvements to which the determination
under paragraph (1)(B) applies and for which such implementation
has not occurred.
``(c) Further Determination and Conveyance.--
``(1) In general.--Not later than 5 years after the date of the
enactment of the Pribilof Islands Transition Completion Amendments
Act of 2016, and not less than once every 5 years thereafter, the
Secretary shall--
``(A) review the determination made under subsection
(b)(1)(B); and
``(B) determine if the lands and improvements to which the
determination applies are in excess of the smallest practicable
tract enclosing the lands and improvements needed to carry out
Coast Guard missions.
``(2) Report of determination.--When a determination is made
under paragraph (1), the Secretary shall report the determination
to--
``(A) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(C) the Alaska Native Village Corporation for St. Paul
Island.
``(3) Election to receive.--Not later than 60 days after the
date it receives a determination under paragraph (1), the Alaska
Native Village Corporation for St. Paul Island shall notify the
Secretary in writing whether the Alaska Native Village Corporation
elects to receive all right, title, and interest of the United
States in and to any lands and improvements or a portion of any
lands and improvements determined to be in excess of those needed
to carry out Coast Guard missions in partial settlement of land
claims under the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
``(4) Conveyance.--If such Alaska Native Village Corporation
provides notice under paragraph (3) that the Alaska Native Village
Corporation elects to receive all right, title, and interest of the
United States in and to any lands and improvements or a portion of
any lands and improvements, in partial settlement of land claims
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) the Secretary shall convey all right, title, and interest of
the United States in and to the lands and improvements or portion
thereof to such Alaska Native Village Corporation.
``(5) Other disposal.--If such Alaska Native Village
Corporation does not provide notice under paragraph (3) that the
Alaska Native Village Corporation elects to receive all right,
title, and interest of the United States in and to any lands and
improvements or a portion of any lands and improvements, the
Secretary may dispose of the lands and improvements in accordance
with other applicable law.
``(d) CERCLA Not Affected.--No transfer or conveyance of property
under this section shall be construed to affect or limit the
application of section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
``(e) Reports.--
``(1) Remediation of contaminated soil.--Not later than 2 years
after the date of the enactment of the Pribilof Islands Transition
Completion Amendments Act of 2016 and not less than once every 2
years thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on--
``(A) efforts taken to remediate contaminated soils on
tract 43 and tract 39; and
``(B) a schedule for the completion of remediation of
contaminated soils on tract 43 and tract 39.
``(2) Number of coast guard personnel who carried out coast
guard missions.--On the 15th day of each month, the Commandant of
the Coast Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a notice
detailing the number of Coast Guard personnel who carried out Coast
Guard missions on tract 43 during the previous month and what Coast
Guard missions were carried out by such personnel.
``(f) Redundant Capability.--
``(1) Rule of construction.--Except as provided in paragraph
(2), section 681 of title 14, United States Code, shall not be
construed to prohibit any conveyance of lands or improvements under
this subtitle or any actions that involve the dismantling or
disposal of infrastructure that supported the former LORAN system
that are associated with the conveyance of lands or improvements
under this subtitle.
``(2) Redundant capability.--If, within the 5-year period
beginning on the date of the enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016, the Secretary
determines that communication equipment, including towers,
antennae, and transmitters, on property conveyed in accordance with
this subtitle is subsequently required to provide a positioning,
navigation, and timing system to provide redundant capability in
the event GPS signals are disrupted, the Secretary may--
``(A) operate, maintain, keep, locate, inspect, repair, and
replace such equipment; and
``(B) in carrying out the activities described in
subparagraph (A), enter, at any time, a facility without
notice, to the extent that it is not possible to provide
advance notice, for as long as such equipment is needed to
provide such capability.
``(g) Federal Use.--In addition to entry under subsection
(f)(2)(B), the Secretary may enter property conveyed in accordance with
this subtitle for purposes of environmental compliance and remediation
after providing advance notice to the property owner to the extent that
it is possible to provide such notice.
``(h) High Frequency Communications.--
``(1) Restriction.--Except as provided in paragraph (2), on
property contained within the boundaries of tract 43 as in effect
on the date of enactment of the Pribilof Islands Transition
Completion Amendments Act of 2016, no person may operate or
maintain--
``(A) radio frequency transmitting equipment that produces
a signal that exceeds 5 microvolts per meter field intensity,
other than such equipment that was in use on the site before
the date of the enactment of such Act; or
``(B) electric welding equipment, electric generating
equipment, a diathermy machine, electric motors of any kind
having greater than 5 horsepower, or any other machinery,
engine, or equipment that causes any electromagnetic
interference.
``(2) Exception.--A person may engage in operations or
maintenance otherwise prohibited by paragraph (1) with the
concurrence of the Secretary.
``(i) Definitions.--For purposes of this section:
``(1) License.--The term `license' means the agreement dated
January 9, 2006, entitled `License Agreement Between The Department
of Homeland Security, United States Coast Guard, and The Department
of Commerce, National Oceanic and Atmospheric Administration'.
``(2) Tract 39.--The term `tract 39' means T. 35 S., R. 131 W.,
Seward Meridian, Alaska, Tract 39, the plat of which was Officially
Filed on May 14, 1986, containing 0.90 acres.
``(3) Tract 43.--The term `tract 43' means T. 35 S., R. 131 W.,
Seward Meridian, Alaska, Tract 43, the plat of which was Officially
Filed on May 14, 1986, containing 84.88 acres, and any improvements
on such tract.
``(4) Secretary.--The term `Secretary' means the Secretary of
the department in which the Coast Guard is operating.''.
(b) Chargeability for Lands Conveyed.--The Secretary of the
Interior shall charge against the remaining entitlement of the Alaska
Native Village Corporation for St. Paul Island under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) any conveyance of land
to such corporation under this subtitle, including the amendments made
by this subtitle.
(c) Clerical Amendment.--The table of contents in section 2 of the
Coast Guard Authorization Act of 2016 (Public Law 114-120, as amended
by this Act) is amended by striking the item relating to section 524
and inserting the following:

``Sec. 524. Transfer, use, and disposal of tract 43.''.

(d) Conforming Amendments.--Section 105 of the Pribilof Islands
Transition Act (16 U.S.C. 1161 note; Public Law 106-562) is amended--
(1) in subsection (e)(1), by striking ``or section 522 of the
Pribilof Island Transition Completion Act of 2015'' and inserting
``or section 522 of the Pribilof Island Transition Completion Act
of 2016, or transferred to the Secretary of the department in which
the Coast Guard is operating under section 524 of such Act,''; and
(2) in subsection (f)(1), by striking ``and not transferred''
and inserting ``and not transferred to the Secretary of the
department in which the Coast Guard is operating under section 524
of the Pribilof Island Transition Completion Act of 2016 or''.
(e) Savings Clause.--The Memorandum of Understanding among the
Tanadgusix Corporation, St. Paul Island, Alaska, the Tanaq Corporation,
St. George Island, Alaska, and the National Marine Fisheries Service of
the National Oceanic and Atmospheric Administration of the Department
of Commerce, dated December 22, 1976, regarding Pribilof Islands Land
Selections and the establishment and operation of a Joint Management
Board, shall remain in effect with respect to land selections and
conveyances until all obligations for conveyances under that agreement
have been met, and the obligation to maintain a Joint Management Board
remains in effect.

Subtitle C--Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration

SEC. 3541. ACTIONS TO ADDRESS SEXUAL HARASSMENT AT NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Required Policy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall, acting through
the Under Secretary for Oceans and Atmosphere, develop a policy on the
prevention of and response to sexual harassment involving employees of
the National Oceanic and Atmospheric Administration, members of the
commissioned officer corps of the Administration, and individuals who
work with or conduct business on behalf of the Administration.
(b) Matters to Be Specified in Policy.--The policy developed under
subsection (a) shall include--
(1) establishment of a program to promote awareness of the
incidence of sexual harassment;
(2) clear procedures an individual should follow in the case of
an occurrence of sexual harassment, including--
(A) a specification of the person or persons to whom an
alleged occurrence of sexual harassment should be reported by
an individual and options for confidential reporting,
including--
(i) options and contact information for after-hours
contact; and
(ii) a procedure for obtaining assistance and reporting
sexual harassment while working in a remote scientific
field camp, at sea, or in another field status; and
(B) a specification of any other person whom the victim
should contact;
(3) establishment of a mechanism by which--
(A) questions regarding sexual harassment can be
confidentially asked and confidentially answered; and
(B) incidents of sexual harassment can be confidentially
reported; and
(4) a prohibition on retaliation and consequences for
retaliatory actions.
(c) Consultation and Assistance.--In developing the policy required
by subsection (a), the Secretary may consult or receive assistance from
such State, local, and national organizations and subject matter
experts as the Secretary considers appropriate.
(d) Availability of Policy.--The Secretary shall ensure that the
policy developed under subsection (a) is available to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including those
employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Geographic Distribution of Equal Employment Opportunity
Personnel.--The Secretary shall designate out of existing staff at
least 1 employee of the Administration who is tasked with handling
matters relating to equal employment opportunity or sexual harassment
at each marine and aviation center of the Administration.
(f) Quarterly Reports.--
(1) In general.--Not less frequently than 4 times each year,
the Director of the Civil Rights Office of the Administration shall
submit to the Under Secretary a report on sexual harassment in the
Administration.
(2) Contents.--Each report submitted under paragraph (1) shall
include the following:
(A) The number of sexual harassment cases, both actionable
and non-actionable, involving individuals covered by the policy
developed under subsection (a).
(B) The number of open actionable sexual harassment cases
and how long the cases have been open.
(C) Such trends or region-specific issues as the Director
may have discovered with respect to sexual harassment in the
Administration.
(D) Such recommendations as the Director may have with
respect to sexual harassment in the Administration.
SEC. 3542. ACTIONS TO ADDRESS SEXUAL ASSAULT AT NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Comprehensive Policy on Prevention of and Response to Sexual
Assaults.--Not later than 1 year after the date of the enactment of
this Act, the Secretary of Commerce shall, acting through the Under
Secretary for Oceans and Atmosphere, develop a comprehensive policy on
the prevention of and response to sexual assaults involving employees
of the National Oceanic and Atmospheric Administration, members of the
commissioned officer corps of the Administration, and individuals who
work with or conduct business on behalf of the Administration.
(b) Elements of Comprehensive Policy.--The comprehensive policy
developed under subsection (a) shall, at minimum, address the following
matters:
(1) Prevention measures.
(2) Education and training on prevention and response.
(3) A list of support resources an individual may use in the
occurrence of sexual assault, including--
(A) options and contact information for after-hours
contact; and
(B) a procedure for obtaining assistance and reporting
sexual assault while working in a remote scientific field camp,
at sea, or in another field status.
(4) Easy and ready availability of information described in
paragraph (3).
(5) Establishing a mechanism by which--
(A) questions regarding sexual assault can be
confidentially asked and confidentially answered; and
(B) incidents of sexual assault can be confidentially
reported.
(6) Protocols for the investigation of complaints by command
and law enforcement personnel.
(7) Prohibiting retaliation and consequences for retaliatory
actions against someone who reports a sexual assault.
(8) Oversight by the Under Secretary of administrative and
disciplinary actions in response to substantiated incidents of
sexual assault.
(9) Victim advocacy, including establishment of and the
responsibilities and training requirements for victim advocates as
described in subsection (c).
(10) Availability of resources for victims of sexual assault
within other Federal agencies and State, local, and national
organizations.
(c) Victim Advocacy.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall establish victim advocates to advocate for victims
of sexual assaults involving employees of the Administration,
members of the commissioned officer corps of the Administration,
and individuals who work with or conduct business on behalf of the
Administration.
(2) Victim advocates.--For purposes of this subsection, a
victim advocate is an existing permanent employee of the
Administration who--
(A) is trained in matters relating to sexual assault and
the comprehensive policy developed under subsection (a); and
(B) serves as a victim advocate voluntarily and in addition
to the employee's other duties as an employee of the
Administration.
(3) Primary duties.--The primary duties of a victim advocate
established under paragraph (1) shall include the following:
(A) Supporting victims of sexual assault and informing them
of their rights and the resources available to them as victims.
(B) Acting as a companion in navigating investigative,
medical, mental and emotional health, and recovery processes
relating to sexual assault.
(C) Helping to identify resources to ensure the safety of
victims of sexual assault.
(4) Location.--The Secretary shall ensure that at least 1
victim advocate established under paragraph (1) is stationed--
(A) in each region in which the Administration conducts
operations; and
(B) in each marine and aviation center of the
Administration.
(5) Hotline.--
(A) In general.--In carrying out this subsection, the
Secretary shall provide a telephone number at which a victim of
a sexual assault can contact a victim advocate.
(B) 24-hour access.--The Secretary shall ensure that the
telephone number established under subparagraph (A) is
monitored at all times.
(C) Partnership.--The Secretary shall, where possible, use
established hotlines for purposes of this paragraph.
(6) Formal relationships with other entities.--The Secretary
may enter into formal relationships with other entities to make
available additional victim advocates.
(d) Availability of Policy.--The Secretary shall ensure that the
policy developed under subsection (a) is available to--
(1) all employees of the Administration and members of the
commissioned officer corps of the Administration, including those
employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Consultation and Assistance.--In developing the policy required
by subsection (a), the Secretary may consult or receive assistance from
such State, local, and national organizations and subject matter
experts as the Secretary considers appropriate.
SEC. 3543. RIGHTS OF THE VICTIM OF A SEXUAL ASSAULT.
A victim of a sexual assault covered by the comprehensive policy
developed under section 3542(a) has the right to be reasonably
protected from the accused.
SEC. 3544. CHANGE OF STATION.
(a) Change of Station, Unit Transfer, or Change of Work Location of
Victims.--
(1) Timely consideration and action upon request.--The
Secretary of Commerce, acting through the Under Secretary for
Oceans and Atmosphere, shall--
(A) in the case of a member of the commissioned officer
corps of the National Oceanic and Atmospheric Administration
who was a victim of a sexual assault, in order to reduce the
possibility of retaliation or further sexual assault, provide
for timely determination and action on an application submitted
by the victim for consideration of a change of station or unit
transfer of the victim; and
(B) in the case of an employee of the Administration who
was a victim of a sexual assault, to the degree practicable and
in order to reduce the possibility of retaliation against the
employee for reporting the sexual assault, accommodate a
request for a change of work location of the victim.
(2) Procedures.--
(A) Period for approval and disapproval.--The Secretary,
acting through the Under Secretary, shall ensure that an
application or request submitted under paragraph (1) for a
change of station, unit transfer, or change of work location is
approved or denied within 72 hours of the submission of the
application or request.
(B) Review.--If an application or request submitted under
paragraph (1) by a victim of a sexual assault for a change of
station, unit transfer, or change of work location of the
victim is denied--
(i) the victim may request the Secretary to review the
denial; and
(ii) the Secretary, acting through the Under Secretary,
shall, not later than 72 hours after receiving such
request, affirm or overturn the denial.
(b) Change of Station, Unit Transfer, and Change of Work Location
of Alleged Perpetrators.--
(1) In general.--The Secretary, acting through the Under
Secretary, shall develop a policy for the protection of victims of
sexual assault described in subsection (a)(1) by providing the
alleged perpetrator of the sexual assault with a change of station,
unit transfer, or change of work location, as the case may be, if
the alleged perpetrator is a member of the commissioned officer
corps of the Administration or an employee of the Administration.
(2) Policy requirements.--The policy required by paragraph (1)
shall include the following:
(A) A means to control access to the victim.
(B) Due process for the victim and the alleged perpetrator.
(c) Regulations.--
(1) In general.--The Secretary shall promulgate regulations to
carry out this section.
(2) Consistency.--When practicable, the Secretary shall make
regulations promulgated under this section consistent with similar
regulations promulgated by the Secretary of Defense.
SEC. 3545. APPLICABILITY OF POLICIES TO CREWS OF VESSELS SECURED BY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNDER CONTRACT.
The Under Secretary for Oceans and Atmosphere shall ensure that
each contract into which the Under Secretary enters for the use of a
vessel by the National Oceanic and Atmospheric Administration that
covers the crew of the vessel, if any, shall include as a condition of
the contract a provision that subjects such crew to the policy
developed under section 3541(a) and the comprehensive policy developed
under section 3542(a).
SEC. 3546. ANNUAL REPORT ON SEXUAL ASSAULTS IN THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) In General.--Not later than January 15 of each year, the
Secretary of Commerce shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the sexual
assaults involving employees of the National Oceanic and Atmospheric
Administration, members of the commissioned officer corps of the
Administration, and individuals who work with or conduct business on
behalf of the Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include, with respect to the previous calendar year, the following:
(1) The number of alleged sexual assaults involving employees,
members, and individuals described in subsection (a).
(2) A synopsis of each case and the disciplinary action taken,
if any, in each case.
(3) The policies, procedures, and processes implemented by the
Secretary, and any updates or revisions to such policies,
procedures, and processes.
(4) A summary of the reports received by the Under Secretary
for Oceans and Atmosphere under section 3541(f).
(c) Privacy Protection.--In preparing and submitting a report under
subsection (a), the Secretary shall ensure that no individual involved
in an alleged sexual assault can be identified by the contents of the
report.
SEC. 3547. SEXUAL ASSAULT DEFINED.
In this subtitle, the term ``sexual assault'' shall have the
meaning given such term in section 40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)).

DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for overseas contingency operations for base
requirements.

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

TITLE XLIII--OPERATION AND MAINTENANCE

TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for
base requirements.

TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for
base requirements.

TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations for
base requirements.

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-Based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in accordance
with the requirements of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.

TITLE XLI--PROCUREMENT

SEC. 4101. PROCUREMENT.

------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 57,529 57,529
003 MQ-1 UAV............. 55,388 55,388
ROTARY
006 AH-64 APACHE BLOCK 803,084 803,084
IIIA REMAN.
007 ADVANCE 185,160 185,160
PROCUREMENT (CY).
008 UH-60 BLACKHAWK M 755,146 755,146
MODEL (MYP).
009 ADVANCE 174,107 174,107
PROCUREMENT (CY).
010 UH-60 BLACK HAWK A 46,173 46,173
AND L MODELS.
011 CH-47 HELICOPTER..... 556,257 556,257
012 ADVANCE 8,707 8,707
PROCUREMENT (CY).
MODIFICATION OF
AIRCRAFT
013 MQ-1 PAYLOAD (MIP)... 43,735 43,735
015 MULTI SENSOR ABN 94,527 94,527
RECON (MIP).
016 AH-64 MODS........... 137,883 137,883
017 CH-47 CARGO 102,943 102,943
HELICOPTER MODS
(MYP).
018 GRCS SEMA MODS (MIP). 4,055 4,055
019 ARL SEMA MODS (MIP).. 6,793 6,793
020 EMARSS SEMA MODS 13,197 13,197
(MIP).
021 UTILITY/CARGO 17,526 17,526
AIRPLANE MODS.
022 UTILITY HELICOPTER 10,807 10,807
MODS.
023 NETWORK AND MISSION 74,752 74,752
PLAN.
024 COMMS, NAV 69,960 69,960
SURVEILLANCE.
025 GATM ROLLUP.......... 45,302 45,302
026 RQ-7 UAV MODS........ 71,169 71,169
027 UAS MODS............. 21,804 21,804
GROUND SUPPORT
AVIONICS
028 AIRCRAFT 67,377 67,377
SURVIVABILITY
EQUIPMENT.
029 SURVIVABILITY CM..... 9,565 9,565
030 CMWS................. 41,626 41,626
OTHER SUPPORT
032 AVIONICS SUPPORT 7,007 7,007
EQUIPMENT.
033 COMMON GROUND 48,234 48,234
EQUIPMENT.
034 AIRCREW INTEGRATED 30,297 30,297
SYSTEMS.
035 AIR TRAFFIC CONTROL.. 50,405 50,405
036 INDUSTRIAL FACILITIES 1,217 1,217
037 LAUNCHER, 2.75 ROCKET 3,055 3,055
TOTAL AIRCRAFT 3,614,787 3,614,787
PROCUREMENT,
ARMY.

MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 LOWER TIER AIR AND 126,470 126,470
MISSILE DEFENSE
(AMD).
002 MSE MISSILE.......... 423,201 423,201
003 ADVANCE 19,319 19,319
PROCUREMENT (CY).
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 42,013 42,013
005 JOINT AIR-TO-GROUND 64,751 64,751
MSLS (JAGM).
006 ADVANCE 37,100 37,100
PROCUREMENT (CY).
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 73,508 72,904
SYSTEM SUMMARY.
Engineering [-604]
services cost
growth.
008 TOW 2 SYSTEM SUMMARY. 64,922 64,922
009 ADVANCE 19,949 10,716
PROCUREMENT (CY).
Advance [-9,233]
procurement cost
growth.
010 GUIDED MLRS ROCKET 172,088 172,088
(GMLRS).
011 MLRS REDUCED RANGE 18,004 18,004
PRACTICE ROCKETS
(RRPR).
MODIFICATIONS
013 PATRIOT MODS......... 197,107 197,107
014 ATACMS MODS.......... 150,043 150,043
015 GMLRS MOD............ 395 395
017 AVENGER MODS......... 33,606 33,606
018 ITAS/TOW MODS........ 383 383
019 MLRS MODS............ 34,704 34,704
020 HIMARS MODIFICATIONS. 1,847 1,847
SPARES AND REPAIR
PARTS
021 SPARES AND REPAIR 34,487 34,487
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
022 AIR DEFENSE TARGETS.. 4,915 4,915
024 PRODUCTION BASE 1,154 1,154
SUPPORT.
TOTAL MISSILE 1,519,966 1,510,129
PROCUREMENT,
ARMY.

PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 71,680 71,680
MODIFICATION OF
TRACKED COMBAT
VEHICLES
002 STRYKER (MOD)........ 74,348 74,348
003 STRYKER UPGRADE...... 444,561 433,561
Early to need.... [-11,000]
005 BRADLEY PROGRAM (MOD) 276,433 273,333
Excess program [-3,100]
management growth.
006 HOWITZER, MED SP FT 63,138 63,138
155MM M109A6 (MOD).
007 PALADIN INTEGRATED 469,305 469,305
MANAGEMENT (PIM).
008 IMPROVED RECOVERY 91,963 91,963
VEHICLE (M88A2
HERCULES).
009 ASSAULT BRIDGE (MOD). 3,465 3,465
010 ASSAULT BREACHER 2,928 2,928
VEHICLE.
011 M88 FOV MODS......... 8,685 8,685
012 JOINT ASSAULT BRIDGE. 64,752 64,752
013 M1 ABRAMS TANK (MOD). 480,166 480,166
014 ABRAMS UPGRADE 100,000
PROGRAM.
Realign APS Unit [100,000]
Set Requirements
from OCO.
WEAPONS & OTHER
COMBAT VEHICLES
016 INTEGRATED AIR BURST 9,764 9,764
WEAPON SYSTEM FAMILY.
017 MORTAR SYSTEMS....... 8,332 8,332
018 XM320 GRENADE 3,062 3,062
LAUNCHER MODULE
(GLM).
019 COMPACT SEMI- 992 992
AUTOMATIC SNIPER
SYSTEM.
020 CARBINE.............. 40,493 40,493
021 COMMON REMOTELY 25,164 25,164
OPERATED WEAPONS
STATION.
MOD OF WEAPONS AND
OTHER COMBAT VEH
022 MK-19 GRENADE MACHINE 4,959 4,959
GUN MODS.
023 M777 MODS............ 11,913 11,913
024 M4 CARBINE MODS...... 29,752 29,752
025 M2 50 CAL MACHINE GUN 48,582 48,582
MODS.
026 M249 SAW MACHINE GUN 1,179 1,179
MODS.
027 M240 MEDIUM MACHINE 1,784 1,784
GUN MODS.
028 SNIPER RIFLES 971 971
MODIFICATIONS.
029 M119 MODIFICATIONS... 6,045 6,045
030 MORTAR MODIFICATION.. 12,118 12,118
031 MODIFICATIONS LESS 3,157 3,157
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
032 ITEMS LESS THAN $5.0M 2,331 2,331
(WOCV-WTCV).
035 SMALL ARMS EQUIPMENT 3,155 3,155
(SOLDIER ENH PROG).
TOTAL 2,265,177 2,351,077
PROCUREMENT OF
W&TCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 40,296 40,296
TYPES.
002 CTG, 7.62MM, ALL 39,237 39,237
TYPES.
003 CTG, HANDGUN, ALL 5,193 5,193
TYPES.
004 CTG, .50 CAL, ALL 46,693 46,693
TYPES.
005 CTG, 20MM, ALL TYPES. 7,000 7,000
006 CTG, 25MM, ALL TYPES. 7,753 6,453
Program reduction [-1,300]
007 CTG, 30MM, ALL TYPES. 47,000 47,000
008 CTG, 40MM, ALL TYPES. 118,178 111,824
Early to need.... [-6,354]
MORTAR AMMUNITION
009 60MM MORTAR, ALL 69,784 69,784
TYPES.
010 81MM MORTAR, ALL 36,125 36,125
TYPES.
011 120MM MORTAR, ALL 69,133 69,133
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 120,668 117,868
105MM AND 120MM, ALL
TYPES.
Early to need.... [-2,800]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 64,800 61,300
75MM & 105MM, ALL
TYPES.
75mm blanks early [-3,500]
to need.
014 ARTILLERY PROJECTILE, 109,515 109,515
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 39,200 39,200
RANGE M982.
016 ARTILLERY 70,881 70,881
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
019 SHOULDER LAUNCHED 38,000 38,000
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 87,213 87,213
TYPES.
OTHER AMMUNITION
021 CAD/PAD, ALL TYPES... 4,914 4,914
022 DEMOLITION MUNITIONS, 6,380 6,380
ALL TYPES.
023 GRENADES, ALL TYPES.. 22,760 22,760
024 SIGNALS, ALL TYPES... 10,666 10,666
025 SIMULATORS, ALL TYPES 7,412 7,412
MISCELLANEOUS
026 AMMO COMPONENTS, ALL 12,726 12,726
TYPES.
027 NON-LETHAL 6,100 5,900
AMMUNITION, ALL
TYPES.
Early to need.... [-200]
028 ITEMS LESS THAN $5 10,006 9,506
MILLION (AMMO).
Early to need.... [-500]
029 AMMUNITION PECULIAR 17,275 13,575
EQUIPMENT.
Early to need.... [-3,700]
030 FIRST DESTINATION 14,951 14,951
TRANSPORTATION
(AMMO).
PRODUCTION BASE
SUPPORT
032 INDUSTRIAL FACILITIES 222,269 242,269
Program increase. [20,000]
033 CONVENTIONAL 157,383 157,383
MUNITIONS
DEMILITARIZATION.
034 ARMS INITIATIVE...... 3,646 3,646
TOTAL 1,513,157 1,514,803
PROCUREMENT OF
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 3,733 3,733
DOLLY SETS.
002 SEMITRAILERS, 3,716 3,716
FLATBED:.
003 HI MOB MULTI-PURP 50,000
WHLD VEH (HMMWV).
HMMWV M997A3 [50,000]
ambulance
recapitalization
for Active
Component.
004 GROUND MOBILITY 4,907 4,907
VEHICLES (GMV).
006 JOINT LIGHT TACTICAL 587,514 587,514
VEHICLE.
007 TRUCK, DUMP, 20T 3,927 3,927
(CCE).
008 FAMILY OF MEDIUM 53,293 53,293
TACTICAL VEH (FMTV).
009 FIRETRUCKS & 7,460 7,460
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 39,564 39,564
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 11,856 11,856
013 TACTICAL WHEELED 49,751 49,751
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 64,000 54,000
SVC EQUIP.
Program reduction [-10,000]
015 MINE-RESISTANT AMBUSH- 10,611 10,611
PROTECTED (MRAP)
MODS.
NON-TACTICAL VEHICLES
016 HEAVY ARMORED SEDAN.. 394 394
018 NONTACTICAL VEHICLES, 1,755 1,755
OTHER.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 427,598 427,598
TACTICAL NETWORK.
020 SIGNAL MODERNIZATION 58,250 58,250
PROGRAM.
021 JOINT INCIDENT SITE 5,749 5,749
COMMUNICATIONS
CAPABILITY.
022 JCSE EQUIPMENT 5,068 5,068
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
023 DEFENSE ENTERPRISE 143,805 143,805
WIDEBAND SATCOM
SYSTEMS.
024 TRANSPORTABLE 36,580 36,580
TACTICAL COMMAND
COMMUNICATIONS.
025 SHF TERM............. 1,985 1,985
027 SMART-T (SPACE)...... 9,165 9,165
COMM--C3 SYSTEM
031 ARMY GLOBAL CMD & 2,530 2,530
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
033 HANDHELD MANPACK 273,645 273,645
SMALL FORM FIT (HMS).
034 MID-TIER NETWORKING 25,017 25,017
VEHICULAR RADIO
(MNVR).
035 RADIO TERMINAL SET, 12,326 12,326
MIDS LVT(2).
037 TRACTOR DESK......... 2,034 2,034
038 TRACTOR RIDE......... 2,334 2,334
039 SPIDER APLA REMOTE 1,985 1,985
CONTROL UNIT.
040 SPIDER FAMILY OF 10,796 10,796
NETWORKED MUNITIONS
INCR.
042 TACTICAL 3,607 3,607
COMMUNICATIONS AND
PROTECTIVE SYSTEM.
043 UNIFIED COMMAND SUITE 14,295 14,295
045 FAMILY OF MED COMM 19,893 19,893
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,388 1,388
ARCHITECTURE.
048 ARMY CA/MISO GPF 5,494 5,494
EQUIPMENT.
INFORMATION SECURITY
049 FAMILY OF BIOMETRICS. 2,978 2,978
051 COMMUNICATIONS 131,356 131,356
SECURITY (COMSEC).
052 DEFENSIVE CYBER 15,132 15,132
OPERATIONS.
COMM--LONG HAUL
COMMUNICATIONS
053 BASE SUPPORT 27,452 27,452
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
054 INFORMATION SYSTEMS.. 122,055 122,055
055 EMERGENCY MANAGEMENT 4,286 4,286
MODERNIZATION
PROGRAM.
056 INSTALLATION INFO 131,794 131,794
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
059 JTT/CIBS-M........... 5,337 5,337
062 DCGS-A (MIP)......... 242,514 217,814
Program reduction [-24,700]
063 JOINT TACTICAL GROUND 4,417 4,417
STATION (JTAGS).
064 TROJAN (MIP)......... 17,455 17,455
065 MOD OF IN-SVC EQUIP 44,965 44,965
(INTEL SPT) (MIP).
066 CI HUMINT AUTO 7,658 7,658
REPRTING AND
COLL(CHARCS).
067 CLOSE ACCESS TARGET 7,970 7,970
RECONNAISSANCE
(CATR).
068 MACHINE FOREIGN 545 545
LANGUAGE TRANSLATION
SYSTEM-M.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
070 LIGHTWEIGHT COUNTER 74,038 68,453
MORTAR RADAR.
Unit cost growth. [-5,585]
071 EW PLANNING & 3,235 3,235
MANAGEMENT TOOLS
(EWPMT).
072 AIR VIGILANCE (AV)... 733 733
074 FAMILY OF PERSISTENT 1,740 1,740
SURVEILLANCE
CAPABILITIE.
075 COUNTERINTELLIGENCE/ 455 455
SECURITY
COUNTERMEASURES.
076 CI MODERNIZATION..... 176 176
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
077 SENTINEL MODS........ 40,171 40,171
078 NIGHT VISION DEVICES. 163,029 163,029
079 SMALL TACTICAL 15,885 15,885
OPTICAL RIFLE
MOUNTED MLRF.
080 INDIRECT FIRE 48,427 48,427
PROTECTION FAMILY OF
SYSTEMS.
081 FAMILY OF WEAPON 55,536 55,536
SIGHTS (FWS).
082 ARTILLERY ACCURACY 4,187 4,187
EQUIP.
085 JOINT BATTLE COMMAND-- 137,501 137,501
PLATFORM (JBC-P).
086 JOINT EFFECTS 50,726 50,726
TARGETING SYSTEM
(JETS).
087 MOD OF IN-SVC EQUIP 28,058 28,058
(LLDR).
088 COMPUTER BALLISTICS: 5,924 5,924
LHMBC XM32.
089 MORTAR FIRE CONTROL 22,331 22,331
SYSTEM.
090 COUNTERFIRE RADARS... 314,509 281,509
Unit cost savings [-33,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
091 FIRE SUPPORT C2 8,660 8,660
FAMILY.
092 AIR & MSL DEFENSE 54,376 54,376
PLANNING & CONTROL
SYS.
093 IAMD BATTLE COMMAND 204,969 204,969
SYSTEM.
094 LIFE CYCLE SOFTWARE 4,718 4,718
SUPPORT (LCSS).
095 NETWORK MANAGEMENT 11,063 11,063
INITIALIZATION AND
SERVICE.
096 MANEUVER CONTROL 151,318 151,318
SYSTEM (MCS).
097 GLOBAL COMBAT SUPPORT 155,660 155,660
SYSTEM-ARMY (GCSS-A).
098 INTEGRATED PERSONNEL 4,214 4,214
AND PAY SYSTEM-ARMY
(IPP.
099 RECONNAISSANCE AND 16,185 16,185
SURVEYING INSTRUMENT
SET.
100 MOD OF IN-SVC 1,565 1,565
EQUIPMENT (ENFIRE).
ELECT EQUIP--
AUTOMATION
101 ARMY TRAINING 17,693 17,693
MODERNIZATION.
102 AUTOMATED DATA 107,960 107,960
PROCESSING EQUIP.
103 GENERAL FUND 6,416 6,416
ENTERPRISE BUSINESS
SYSTEMS FAM.
104 HIGH PERF COMPUTING 58,614 58,614
MOD PGM (HPCMP).
105 CONTRACT WRITING 986 986
SYSTEM.
106 RESERVE COMPONENT 23,828 23,828
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
107 TACTICAL DIGITAL 1,191 1,191
MEDIA.
108 ITEMS LESS THAN $5M 1,995 1,995
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
109 PRODUCTION BASE 403 403
SUPPORT (C-E).
CLASSIFIED PROGRAMS
110A CLASSIFIED PROGRAMS.. 4,436 4,436
CHEMICAL DEFENSIVE
EQUIPMENT
111 PROTECTIVE SYSTEMS... 2,966 2,966
112 FAMILY OF NON-LETHAL 9,795 9,795
EQUIPMENT (FNLE).
114 CBRN DEFENSE......... 17,922 17,922
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 13,553 13,553
116 TACTICAL BRIDGE, 25,244 25,244
FLOAT-RIBBON.
117 BRIDGE SUPPLEMENTAL 983 983
SET.
118 COMMON BRIDGE 25,176 25,176
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
119 GRND STANDOFF MINE 39,350 39,350
DETECTN SYSM
(GSTAMIDS).
120 AREA MINE DETECTION 10,500 10,500
SYSTEM (AMDS).
121 HUSKY MOUNTED 274 274
DETECTION SYSTEM
(HMDS).
122 ROBOTIC COMBAT 2,951 2,951
SUPPORT SYSTEM
(RCSS).
123 EOD ROBOTICS SYSTEMS 1,949 1,949
RECAPITALIZATION.
124 ROBOTICS AND APPLIQUE 5,203 5,203
SYSTEMS.
125 EXPLOSIVE ORDNANCE 5,570 5,570
DISPOSAL EQPMT (EOD
EQPMT).
126 REMOTE DEMOLITION 6,238 6,238
SYSTEMS.
127 < $5M, COUNTERMINE 836 836
EQUIPMENT.
128 FAMILY OF BOATS AND 3,171 3,171
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 18,707 18,707
130 SOLDIER ENHANCEMENT.. 2,112 2,112
131 PERSONNEL RECOVERY 10,856 10,856
SUPPORT SYSTEM
(PRSS).
132 GROUND SOLDIER SYSTEM 32,419 32,419
133 MOBILE SOLDIER POWER. 30,014 30,014
135 FIELD FEEDING 12,544 12,544
EQUIPMENT.
136 CARGO AERIAL DEL & 18,509 18,509
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 29,384 29,384
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,487 4,487
EQUIPMENT.
140 DISTRIBUTION SYSTEMS, 42,656 35,656
PETROLEUM & WATER.
Program decrease. [-7,000]
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 59,761 59,761
MEDICAL.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 35,694 32,194
EQUIPMENT SYSTEMS.
Program reduction [-3,500]
143 ITEMS LESS THAN $5.0M 2,716 2,716
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 1,742 1,742
HVY, 6X4 (CCE).
145 SCRAPERS, EARTHMOVING 26,233 26,233
147 HYDRAULIC EXCAVATOR.. 1,123 1,123
149 ALL TERRAIN CRANES... 65,285 65,285
151 HIGH MOBILITY 1,743 1,743
ENGINEER EXCAVATOR
(HMEE).
152 ENHANCED RAPID 2,779 2,779
AIRFIELD
CONSTRUCTION CAPAP.
154 CONST EQUIP ESP...... 26,712 22,212
Program reduction [-4,500]
155 ITEMS LESS THAN $5.0M 6,649 6,649
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
156 ARMY WATERCRAFT ESP.. 21,860 21,860
157 ITEMS LESS THAN $5.0M 1,967 1,967
(FLOAT/RAIL).
GENERATORS
158 GENERATORS AND 113,266 113,266
ASSOCIATED EQUIP.
159 TACTICAL ELECTRIC 7,867 7,867
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 2,307 2,307
TRAINING EQUIPMENT
161 COMBAT TRAINING 75,359 75,359
CENTERS SUPPORT.
162 TRAINING DEVICES, 253,050 253,050
NONSYSTEM.
163 CLOSE COMBAT TACTICAL 48,271 48,271
TRAINER.
164 AVIATION COMBINED 40,000 40,000
ARMS TACTICAL
TRAINER.
165 GAMING TECHNOLOGY IN 11,543 11,543
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
166 CALIBRATION SETS 4,963 4,963
EQUIPMENT.
167 INTEGRATED FAMILY OF 29,781 29,781
TEST EQUIPMENT
(IFTE).
168 TEST EQUIPMENT 6,342 6,342
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
169 M25 STABILIZED 3,149 3,149
BINOCULAR.
170 RAPID EQUIPPING 18,003 18,003
SOLDIER SUPPORT
EQUIPMENT.
171 PHYSICAL SECURITY 44,082 44,082
SYSTEMS (OPA3).
172 BASE LEVEL COMMON 2,168 2,168
EQUIPMENT.
173 MODIFICATION OF IN- 67,367 67,367
SVC EQUIPMENT (OPA-
3).
174 PRODUCTION BASE 1,528 1,528
SUPPORT (OTH).
175 SPECIAL EQUIPMENT FOR 8,289 8,289
USER TESTING.
177 TRACTOR YARD......... 6,888 6,888
OPA2
179 INITIAL SPARES--C&E.. 27,243 27,243
TOTAL OTHER 5,873,949 5,835,664
PROCUREMENT,
ARMY.

AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
003 JOINT STRIKE FIGHTER 890,650 890,650
CV.
004 ADVANCE 80,908 80,908
PROCUREMENT (CY).
005 JSF STOVL............ 2,037,768 2,037,768
006 ADVANCE 233,648 233,648
PROCUREMENT (CY).
007 CH-53K (HEAVY LIFT).. 348,615 348,615
008 ADVANCE 88,365 88,365
PROCUREMENT (CY).
009 V-22 (MEDIUM LIFT)... 1,264,134 1,249,134
Support cost [-15,000]
growth.
010 ADVANCE 19,674 19,674
PROCUREMENT (CY).
011 H-1 UPGRADES (UH-1Y/ 759,778 756,586
AH-1Z).
Airframe unit [-3,192]
cost growth.
012 ADVANCE 57,232 57,232
PROCUREMENT (CY).
014 MH-60R (MYP)......... 61,177 53,177
Line shutdown [-8,000]
costs--early to
need.
016 P-8A POSEIDON........ 1,940,238 1,863,238
Airfrane unit [-77,000]
cost growth.
017 ADVANCE 123,140 123,140
PROCUREMENT (CY).
018 E-2D ADV HAWKEYE..... 916,483 916,483
019 ADVANCE 125,042 125,042
PROCUREMENT (CY).
TRAINER AIRCRAFT
020 JPATS................ 5,849 5,849
OTHER AIRCRAFT
021 KC-130J.............. 128,870 128,870
022 ADVANCE 24,848 24,848
PROCUREMENT (CY).
023 MQ-4 TRITON.......... 409,005 396,125
Unit cost savings [-12,880]
024 ADVANCE 55,652 55,652
PROCUREMENT (CY).
025 MQ-8 UAV............. 72,435 72,435
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 51,900 51,900
030 AV-8 SERIES.......... 60,818 60,818
031 ADVERSARY............ 5,191 5,191
032 F-18 SERIES.......... 1,023,492 986,192
Unobligated [-37,300]
balances.
034 H-53 SERIES.......... 46,095 46,095
035 SH-60 SERIES......... 108,328 108,328
036 H-1 SERIES........... 46,333 46,333
037 EP-3 SERIES.......... 14,681 14,681
038 P-3 SERIES........... 2,781 2,781
039 E-2 SERIES........... 32,949 32,949
040 TRAINER A/C SERIES... 13,199 13,199
041 C-2A................. 19,066 19,066
042 C-130 SERIES......... 61,788 59,788
Training [-2,000]
equipment
unjustified
growth (OSIP 022-
07).
043 FEWSG................ 618 618
044 CARGO/TRANSPORT A/C 9,822 9,822
SERIES.
045 E-6 SERIES........... 222,077 222,077
046 EXECUTIVE HELICOPTERS 66,835 66,835
SERIES.
047 SPECIAL PROJECT 16,497 16,497
AIRCRAFT.
048 T-45 SERIES.......... 114,887 114,887
049 POWER PLANT CHANGES.. 16,893 14,893
Excess support [-2,000]
growth.
050 JPATS SERIES......... 17,401 17,401
051 COMMON ECM EQUIPMENT. 143,773 143,773
052 COMMON AVIONICS 164,839 164,839
CHANGES.
053 COMMON DEFENSIVE 4,403 4,403
WEAPON SYSTEM.
054 ID SYSTEMS........... 45,768 45,768
055 P-8 SERIES........... 18,836 18,836
056 MAGTF EW FOR AVIATION 5,676 5,676
057 MQ-8 SERIES.......... 19,003 19,003
058 RQ-7 SERIES.......... 3,534 3,534
059 V-22 (TILT/ROTOR 141,545 141,545
ACFT) OSPREY.
060 F-35 STOVL SERIES.... 34,928 34,928
061 F-35 CV SERIES....... 26,004 26,004
062 QRC.................. 5,476 5,476
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR 1,407,626 1,407,626
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
064 COMMON GROUND 390,103 390,103
EQUIPMENT.
065 AIRCRAFT INDUSTRIAL 23,194 23,194
FACILITIES.
066 WAR CONSUMABLES...... 40,613 40,613
067 OTHER PRODUCTION 860 860
CHARGES.
068 SPECIAL SUPPORT 36,282 36,282
EQUIPMENT.
069 FIRST DESTINATION 1,523 1,523
TRANSPORTATION.
TOTAL AIRCRAFT 14,109,148 13,951,776
PROCUREMENT,
NAVY.

WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,103,086 1,103,086
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 6,776 6,776
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 186,905 179,905
Tomahawk unit [-7,000]
cost growth.
TACTICAL MISSILES
004 AMRAAM............... 204,697 197,447
Unit cost growth. [-7,250]
005 SIDEWINDER........... 70,912 70,912
006 JSOW................. 2,232 2,232
007 STANDARD MISSILE..... 501,212 497,968
Diminishing [-3,244]
manufacturing
sources excess
growth.
008 RAM.................. 71,557 71,557
009 JOINT AIR GROUND 26,200 21,922
MISSILE (JAGM).
Unit cost savings [-4,278]
012 STAND OFF PRECISION 3,316 3,316
GUIDED MUNITIONS
(SOPGM).
013 AERIAL TARGETS....... 137,484 137,484
014 OTHER MISSILE SUPPORT 3,248 3,248
015 LRASM................ 29,643 29,643
MODIFICATION OF
MISSILES
016 ESSM................. 52,935 52,935
018 HARM MODS............ 178,213 178,213
019 STANDARD MISSILES 8,164 8,164
MODS.
SUPPORT EQUIPMENT &
FACILITIES
020 WEAPONS INDUSTRIAL 1,964 1,964
FACILITIES.
021 FLEET SATELLITE COMM 36,723 36,723
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
022 ORDNANCE SUPPORT 59,096 59,096
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
023 SSTD................. 5,910 5,910
024 MK-48 TORPEDO........ 44,537 44,537
025 ASW TARGETS.......... 9,302 9,302
MOD OF TORPEDOES AND
RELATED EQUIP
026 MK-54 TORPEDO MODS... 98,092 98,092
027 MK-48 TORPEDO ADCAP 46,139 46,139
MODS.
028 QUICKSTRIKE MINE..... 1,236 1,236
SUPPORT EQUIPMENT
029 TORPEDO SUPPORT 60,061 60,061
EQUIPMENT.
030 ASW RANGE SUPPORT.... 3,706 3,706
DESTINATION
TRANSPORTATION
031 FIRST DESTINATION 3,804 3,804
TRANSPORTATION.
GUNS AND GUN MOUNTS
032 SMALL ARMS AND 18,002 18,002
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
033 CIWS MODS............ 50,900 50,900
034 COAST GUARD WEAPONS.. 25,295 25,295
035 GUN MOUNT MODS....... 77,003 77,003
036 LCS MODULE WEAPONS... 2,776 2,776
038 AIRBORNE MINE 15,753 15,753
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
040 SPARES AND REPAIR 62,383 62,383
PARTS.
TOTAL WEAPONS 3,209,262 3,187,490
PROCUREMENT,
NAVY.

PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 91,659 91,659
002 AIRBORNE ROCKETS, ALL 65,759 65,759
TYPES.
003 MACHINE GUN 8,152 8,152
AMMUNITION.
004 PRACTICE BOMBS....... 41,873 41,873
005 CARTRIDGES & CART 54,002 54,002
ACTUATED DEVICES.
006 AIR EXPENDABLE 57,034 57,034
COUNTERMEASURES.
007 JATOS................ 2,735 2,735
009 5 INCH/54 GUN 19,220 19,220
AMMUNITION.
010 INTERMEDIATE CALIBER 30,196 30,196
GUN AMMUNITION.
011 OTHER SHIP GUN 39,009 39,009
AMMUNITION.
012 SMALL ARMS & LANDING 46,727 46,727
PARTY AMMO.
013 PYROTECHNIC AND 9,806 9,806
DEMOLITION.
014 AMMUNITION LESS THAN 2,900 2,900
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 27,958 27,958
017 40 MM, ALL TYPES..... 14,758 14,758
018 60MM, ALL TYPES...... 992 992
020 120MM, ALL TYPES..... 16,757 12,157
120mm early to [-4,600]
need.
021 GRENADES, ALL TYPES.. 972 972
022 ROCKETS, ALL TYPES... 14,186 14,186
023 ARTILLERY, ALL TYPES. 68,656 68,656
024 DEMOLITION MUNITIONS, 1,700 1,700
ALL TYPES.
025 FUZE, ALL TYPES...... 26,088 26,088
027 AMMO MODERNIZATION... 14,660 14,660
028 ITEMS LESS THAN $5 8,569 6,069
MILLION.
Early to need.... [-2,500]
TOTAL 664,368 657,268
PROCUREMENT OF
AMMO, NAVY & MC.

SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 773,138 773,138
SUBMARINE ADVANCE
PROCUREMENT.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 1,291,783 1,291,783
PROGRAM.
003 ADVANCE 1,370,784 1,370,784
PROCUREMENT (CY).
004 VIRGINIA CLASS 3,187,985 3,187,985
SUBMARINE.
005 ADVANCE 1,767,234 1,852,234
PROCUREMENT (CY).
Long-lead Time [85,000]
Materiel Orders
for Virginia
Class.
006 CVN REFUELING 1,743,220 1,743,220
OVERHAULS.
007 ADVANCE 248,599 248,599
PROCUREMENT (CY).
008 DDG 1000............. 271,756 271,756
009 DDG-51............... 3,211,292 3,261,092
Fund additional [49,800]
FY16 destroyer.
011 LITTORAL COMBAT SHIP. 1,125,625 1,097,625
Unjustified [-28,000]
growth.
AMPHIBIOUS SHIPS
012A AMPHIBIOUS SHIP 440,000
REPLACEMENT LX(R).
Procurement of [440,000]
LPD-29 or LX (R).
016 LHA REPLACEMENT...... 1,623,024 1,623,024
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
020 ADVANCE 73,079 73,079
PROCUREMENT (CY).
022 MOORED TRAINING SHIP. 624,527 624,527
025 OUTFITTING........... 666,158 645,054
Outfitting and [-21,104]
post delivery
funds early to
need.
026 SHIP TO SHORE 128,067 128,067
CONNECTOR.
027 SERVICE CRAFT........ 65,192 65,192
028 LCAC SLEP............ 1,774 1,774
029 YP CRAFT MAINTENANCE/ 21,363 21,363
ROH/SLEP.
030 COMPLETION OF PY 160,274 160,274
SHIPBUILDING
PROGRAMS.
TOTAL 18,354,874 18,880,570
SHIPBUILDING AND
CONVERSION, NAVY.

OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
003 SURFACE POWER 15,514 15,514
EQUIPMENT.
004 HYBRID ELECTRIC DRIVE 40,132 39,282
(HED).
Installation [-850]
early to need.
GENERATORS
005 SURFACE COMBATANT 29,974 29,974
HM&E.
NAVIGATION EQUIPMENT
006 OTHER NAVIGATION 63,942 63,942
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
008 SUB PERISCOPE, 136,421 136,421
IMAGING AND SUPT
EQUIP PROG.
009 DDG MOD.............. 367,766 367,766
010 FIREFIGHTING 14,743 14,743
EQUIPMENT.
011 COMMAND AND CONTROL 2,140 2,140
SWITCHBOARD.
012 LHA/LHD MIDLIFE...... 24,939 24,939
014 POLLUTION CONTROL 20,191 19,342
EQUIPMENT.
HF062 lightering [-849]
systems unit cost
growth.
015 SUBMARINE SUPPORT 8,995 8,995
EQUIPMENT.
016 VIRGINIA CLASS 66,838 66,838
SUPPORT EQUIPMENT.
017 LCS CLASS SUPPORT 54,823 54,823
EQUIPMENT.
018 SUBMARINE BATTERIES.. 23,359 23,359
019 LPD CLASS SUPPORT 40,321 40,321
EQUIPMENT.
020 DDG 1000 CLASS 33,404 33,404
SUPPORT EQUIPMENT.
021 STRATEGIC PLATFORM 15,836 15,836
SUPPORT EQUIP.
022 DSSP EQUIPMENT....... 806 806
024 LCAC................. 3,090 3,090
025 UNDERWATER EOD 24,350 24,350
PROGRAMS.
026 ITEMS LESS THAN $5 88,719 86,899
MILLION.
LSD boat davit [-993]
kit cost growth.
Propellers and [-827]
shafts unit cost
growth.
027 CHEMICAL WARFARE 2,873 2,873
DETECTORS.
028 SUBMARINE LIFE 6,043 6,043
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
030 REACTOR COMPONENTS... 342,158 342,158
OCEAN ENGINEERING
031 DIVING AND SALVAGE 8,973 8,973
EQUIPMENT.
SMALL BOATS
032 STANDARD BOATS....... 43,684 43,684
PRODUCTION FACILITIES
EQUIPMENT
034 OPERATING FORCES IPE. 75,421 75,421
OTHER SHIP SUPPORT
035 NUCLEAR ALTERATIONS.. 172,718 172,718
036 LCS COMMON MISSION 27,840 17,840
MODULES EQUIPMENT.
RMMV program [-10,000]
restructure.
037 LCS MCM MISSION 57,146 57,146
MODULES.
038 LCS ASW MISSION 31,952 21,952
MODULES.
Early to need.... [-10,000]
039 LCS SUW MISSION 22,466 21,064
MODULES.
MK-46 gun weapon [-1,402]
system contract
delays.
LOGISTIC SUPPORT
041 LSD MIDLIFE.......... 10,813 10,813
SHIP SONARS
042 SPQ-9B RADAR......... 14,363 14,363
043 AN/SQQ-89 SURF ASW 90,029 90,029
COMBAT SYSTEM.
045 SSN ACOUSTIC 248,765 248,765
EQUIPMENT.
046 UNDERSEA WARFARE 7,163 7,163
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
048 SUBMARINE ACOUSTIC 21,291 21,291
WARFARE SYSTEM.
049 SSTD................. 6,893 6,893
050 FIXED SURVEILLANCE 145,701 145,701
SYSTEM.
051 SURTASS.............. 36,136 36,136
ELECTRONIC WARFARE
EQUIPMENT
053 AN/SLQ-32............ 274,892 266,641
Block 3 excess [-4,270]
support.
Block 3T excess [-1,000]
support.
Block 3T [-2,981]
installation
prior year
carryover.
RECONNAISSANCE
EQUIPMENT
054 SHIPBOARD IW EXPLOIT. 170,733 170,733
055 AUTOMATED 958 958
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
057 COOPERATIVE 22,034 22,034
ENGAGEMENT
CAPABILITY.
059 NAVAL TACTICAL 12,336 12,336
COMMAND SUPPORT
SYSTEM (NTCSS).
060 ATDLS................ 30,105 30,105
061 NAVY COMMAND AND 4,556 4,556
CONTROL SYSTEM
(NCCS).
062 MINESWEEPING SYSTEM 56,675 32,198
REPLACEMENT.
Ahead of need.... [-24,477]
063 SHALLOW WATER MCM.... 8,875 8,875
064 NAVSTAR GPS RECEIVERS 12,752 12,752
(SPACE).
065 AMERICAN FORCES RADIO 4,577 4,577
AND TV SERVICE.
066 STRATEGIC PLATFORM 8,972 8,972
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
069 ASHORE ATC EQUIPMENT. 75,068 75,068
070 AFLOAT ATC EQUIPMENT. 33,484 33,484
076 ID SYSTEMS........... 22,177 22,177
077 NAVAL MISSION 14,273 14,273
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
080 TACTICAL/MOBILE C4I 27,927 27,927
SYSTEMS.
081 DCGS-N............... 12,676 12,676
082 CANES................ 212,030 212,030
083 RADIAC............... 8,092 8,092
084 CANES-INTELL......... 36,013 36,013
085 GPETE................ 6,428 6,428
087 INTEG COMBAT SYSTEM 8,376 8,376
TEST FACILITY.
088 EMI CONTROL 3,971 3,971
INSTRUMENTATION.
089 ITEMS LESS THAN $5 58,721 58,721
MILLION.
SHIPBOARD
COMMUNICATIONS
090 SHIPBOARD TACTICAL 17,366 17,366
COMMUNICATIONS.
091 SHIP COMMUNICATIONS 102,479 102,479
AUTOMATION.
092 COMMUNICATIONS ITEMS 10,403 10,403
UNDER $5M.
SUBMARINE
COMMUNICATIONS
093 SUBMARINE BROADCAST 34,151 34,151
SUPPORT.
094 SUBMARINE 64,529 64,529
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
095 SATELLITE 14,414 14,414
COMMUNICATIONS
SYSTEMS.
096 NAVY MULTIBAND 38,365 38,365
TERMINAL (NMT).
SHORE COMMUNICATIONS
097 JCS COMMUNICATIONS 4,156 4,156
EQUIPMENT.
CRYPTOGRAPHIC
EQUIPMENT
099 INFO SYSTEMS SECURITY 85,694 85,694
PROGRAM (ISSP).
100 MIO INTEL 920 920
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
101 CRYPTOLOGIC 21,098 21,098
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
102 COAST GUARD EQUIPMENT 32,291 32,291
SONOBUOYS
103 SONOBUOYS--ALL TYPES. 162,588 159,541
Excess unit cost [-3,047]
growth.
AIRCRAFT SUPPORT
EQUIPMENT
104 WEAPONS RANGE SUPPORT 58,116 58,116
EQUIPMENT.
105 AIRCRAFT SUPPORT 120,324 120,324
EQUIPMENT.
106 METEOROLOGICAL 29,253 29,253
EQUIPMENT.
107 DCRS/DPL............. 632 632
108 AIRBORNE MINE 29,097 29,097
COUNTERMEASURES.
109 AVIATION SUPPORT 39,099 39,099
EQUIPMENT.
SHIP GUN SYSTEM
EQUIPMENT
110 SHIP GUN SYSTEMS 6,191 6,191
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
111 SHIP MISSILE SUPPORT 320,446 310,946
EQUIPMENT.
Program execution [-9,500]
112 TOMAHAWK SUPPORT 71,046 71,046
EQUIPMENT.
FBM SUPPORT EQUIPMENT
113 STRATEGIC MISSILE 215,138 215,138
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
114 SSN COMBAT CONTROL 130,715 130,715
SYSTEMS.
115 ASW SUPPORT EQUIPMENT 26,431 26,431
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 11,821 11,821
DISPOSAL EQUIP.
117 ITEMS LESS THAN $5 6,243 6,243
MILLION.
OTHER EXPENDABLE
ORDNANCE
118 SUBMARINE TRAINING 48,020 48,020
DEVICE MODS.
120 SURFACE TRAINING 97,514 94,979
EQUIPMENT.
Unjustified [-2,535]
growth.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
121 PASSENGER CARRYING 8,853 8,853
VEHICLES.
122 GENERAL PURPOSE 4,928 4,928
TRUCKS.
123 CONSTRUCTION & 18,527 18,527
MAINTENANCE EQUIP.
124 FIRE FIGHTING 13,569 13,569
EQUIPMENT.
125 TACTICAL VEHICLES.... 14,917 14,917
126 AMPHIBIOUS EQUIPMENT. 7,676 7,676
127 POLLUTION CONTROL 2,321 2,321
EQUIPMENT.
128 ITEMS UNDER $5 12,459 12,459
MILLION.
129 PHYSICAL SECURITY 1,095 1,095
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
131 SUPPLY EQUIPMENT..... 16,023 16,023
133 FIRST DESTINATION 5,115 5,115
TRANSPORTATION.
134 SPECIAL PURPOSE 295,471 295,471
SUPPLY SYSTEMS.
TRAINING DEVICES
136 TRAINING AND 9,504 9,504
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 37,180 29,980
EQUIPMENT.
CNIC building [-7,200]
control systems
unjustified
request.
139 MEDICAL SUPPORT 4,128 4,128
EQUIPMENT.
141 NAVAL MIP SUPPORT 1,925 1,925
EQUIPMENT.
142 OPERATING FORCES 4,777 4,777
SUPPORT EQUIPMENT.
143 C4ISR EQUIPMENT...... 9,073 9,073
144 ENVIRONMENTAL SUPPORT 21,107 21,107
EQUIPMENT.
145 PHYSICAL SECURITY 100,906 100,906
EQUIPMENT.
146 ENTERPRISE 67,544 67,544
INFORMATION
TECHNOLOGY.
OTHER
150 NEXT GENERATION 98,216 98,216
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 9,915 9,915
SPARES AND REPAIR
PARTS
151 SPARES AND REPAIR 199,660 199,660
PARTS.
TOTAL OTHER 6,338,861 6,258,930
PROCUREMENT,
NAVY.

PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 73,785 71,785
Production [-2,000]
engineering
support excess
growth.
002 LAV PIP.............. 53,423 53,423
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 3,360 3,360
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 3,318 3,318
TOWED HOWITZER.
005 HIGH MOBILITY 33,725 33,725
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 8,181 8,181
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 15,250 15,250
GUIDED MISSILES
009 GROUND BASED AIR 9,170 9,170
DEFENSE.
010 JAVELIN.............. 1,009 1,009
011 FOLLOW ON TO SMAW.... 24,666 24,666
012 ANTI-ARMOR WEAPONS 17,080 17,080
SYSTEM-HEAVY (AAWS-
H).
COMMAND AND CONTROL
SYSTEMS
015 COMMON AVIATION 47,312 47,312
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
016 REPAIR AND TEST 16,469 16,469
EQUIPMENT.
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 7,433 7,433
MILLION (COMM &
ELEC).
020 AIR OPERATIONS C2 15,917 15,917
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
021 RADAR SYSTEMS........ 17,772 17,772
022 GROUND/AIR TASK 123,758 123,758
ORIENTED RADAR (G/
ATOR).
023 RQ-21 UAS............ 80,217 80,217
INTELL/COMM EQUIPMENT
(NON-TEL)
024 GCSS-MC.............. 1,089 1,089
025 FIRE SUPPORT SYSTEM.. 13,258 13,258
026 INTELLIGENCE SUPPORT 56,379 56,379
EQUIPMENT.
029 RQ-11 UAV............ 1,976 1,976
031 DCGS-MC.............. 1,149 1,149
032 UAS PAYLOADS......... 2,971 2,971
OTHER SUPPORT (NON-
TEL)
034 NEXT GENERATION 76,302 76,302
ENTERPRISE NETWORK
(NGEN).
035 COMMON COMPUTER 41,802 39,477
RESOURCES.
Prior year [-2,325]
carryover.
036 COMMAND POST SYSTEMS. 90,924 90,924
037 RADIO SYSTEMS........ 43,714 43,714
038 COMM SWITCHING & 66,383 66,383
CONTROL SYSTEMS.
039 COMM & ELEC 30,229 30,229
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
039A CLASSIFIED PROGRAMS.. 2,738 2,738
ADMINISTRATIVE
VEHICLES
041 COMMERCIAL CARGO 88,312 88,312
VEHICLES.
TACTICAL VEHICLES
043 MOTOR TRANSPORT 13,292 13,292
MODIFICATIONS.
045 JOINT LIGHT TACTICAL 113,230 113,230
VEHICLE.
046 FAMILY OF TACTICAL 2,691 2,691
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
048 ENVIRONMENTAL CONTROL 18 18
EQUIP ASSORT.
050 TACTICAL FUEL SYSTEMS 78 78
051 POWER EQUIPMENT 17,973 17,973
ASSORTED.
052 AMPHIBIOUS SUPPORT 7,371 7,371
EQUIPMENT.
053 EOD SYSTEMS.......... 14,021 14,021
MATERIALS HANDLING
EQUIPMENT
054 PHYSICAL SECURITY 31,523 31,523
EQUIPMENT.
GENERAL PROPERTY
058 TRAINING DEVICES..... 33,658 33,658
060 FAMILY OF 21,315 21,315
CONSTRUCTION
EQUIPMENT.
061 FAMILY OF INTERNALLY 9,654 9,654
TRANSPORTABLE VEH
(ITV).
OTHER SUPPORT
062 ITEMS LESS THAN $5 6,026 6,026
MILLION.
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 22,848 22,848
PARTS.
TOTAL 1,362,769 1,358,444
PROCUREMENT,
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,401,894 4,188,894
Program [-213,000]
efficiencies.
002 ADVANCE 404,500 404,500
PROCUREMENT (CY).
TACTICAL AIRLIFT
003 KC-46A TANKER........ 2,884,591 2,884,591
OTHER AIRLIFT
004 C-130J............... 145,655 145,655
006 HC-130J.............. 317,576 317,576
007 ADVANCE 20,000 20,000
PROCUREMENT (CY).
008 MC-130J.............. 548,358 548,358
009 ADVANCE 50,000 50,000
PROCUREMENT (CY).
HELICOPTERS
010 UH-1N REPLACEMENT.... 18,337 18,337
MISSION SUPPORT
AIRCRAFT
012 CIVIL AIR PATROL A/C. 2,637 2,637
OTHER AIRCRAFT
013 TARGET DRONES........ 114,656 114,656
014 RQ-4................. 12,966 12,966
015 MQ-9................. 122,522 122,522
STRATEGIC AIRCRAFT
016 B-2A................. 46,729 46,729
017 B-1B................. 116,319 116,319
018 B-52................. 109,020 109,020
TACTICAL AIRCRAFT
020 A-10................. 1,289 1,289
021 F-15................. 105,685 105,685
022 F-16................. 97,331 114,331
Active missile [12,000]
warning system.
Anti-jam global [5,000]
positioning
system (GPS)
upgrade.
023 F-22A................ 163,008 163,008
024 F-35 MODIFICATIONS... 175,811 175,811
025 INCREMENT 3.2B....... 76,410 76,410
026 ADVANCE 2,000 2,000
PROCUREMENT (CY).
AIRLIFT AIRCRAFT
027 C-5.................. 24,192 24,192
029 C-17A................ 21,555 21,555
030 C-21................. 5,439 5,439
031 C-32A................ 35,235 35,235
032 C-37A................ 5,004 5,004
TRAINER AIRCRAFT
033 GLIDER MODS.......... 394 394
034 T-6.................. 12,765 12,765
035 T-1.................. 25,073 17,073
Production [-8,000]
schedule slip.
036 T-38................. 45,090 45,090
OTHER AIRCRAFT
037 U-2 MODS............. 36,074 36,074
038 KC-10A (ATCA)........ 4,570 4,570
039 C-12................. 1,995 1,995
040 VC-25A MOD........... 102,670 102,670
041 C-40................. 13,984 13,984
042 C-130................ 9,168 81,668
8-Bladed [16,000]
Propellers.
Electronic [13,500]
Propeller Control
Systems.
In-flight [1,500]
Propeller
Balancing System
Certification.
T56 3.5 Engine [41,500]
Upgrade Kits.
043 C-130J MODS.......... 89,424 89,424
044 C-135................ 64,161 64,161
045 COMPASS CALL MODS.... 130,257 59,857
Compass Call [-70,400]
Program
Restructure.
046 RC-135............... 211,438 211,438
047 E-3.................. 82,786 82,786
048 E-4.................. 53,348 53,348
049 E-8.................. 6,244 6,244
050 AIRBORNE WARNING AND 223,427 223,427
CONTROL SYSTEM.
051 FAMILY OF BEYOND LINE- 4,673 4,673
OF-SIGHT TERMINALS.
052 H-1.................. 9,007 9,007
054 H-60................. 91,357 91,357
055 RQ-4 MODS............ 32,045 32,045
056 HC/MC-130 30,767 30,767
MODIFICATIONS.
057 OTHER AIRCRAFT....... 33,886 33,886
059 MQ-9 MODS............ 141,929 141,929
060 CV-22 MODS........... 63,395 63,395
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 686,491 673,291
PARTS.
Compass Call [-13,200]
Program
Restructure.
COMMON SUPPORT
EQUIPMENT
062 AIRCRAFT REPLACEMENT 121,935 121,935
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
063 B-2A................. 154 154
064 B-2A................. 43,330 43,330
065 B-52................. 28,125 28,125
066 C-17A................ 23,559 23,559
069 F-15................. 2,980 2,980
070 F-16................. 15,155 39,955
Additional [24,800]
mission trainers.
071 F-22A................ 48,505 48,505
074 RQ-4 POST PRODUCTION 99 99
CHARGES.
INDUSTRIAL
PREPAREDNESS
075 INDUSTRIAL 14,126 14,126
RESPONSIVENESS.
WAR CONSUMABLES
076 WAR CONSUMABLES...... 120,036 120,036
OTHER PRODUCTION
CHARGES
077 OTHER PRODUCTION 1,252,824 1,252,824
CHARGES.
CLASSIFIED PROGRAMS
077A CLASSIFIED PROGRAMS.. 16,952 119,952
Compass Call [103,000]
Program
Restructure.
TOTAL AIRCRAFT 13,922,917 13,835,617
PROCUREMENT, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 70,247 70,247
EQ-BALLISTIC.
TACTICAL
002 JOINT AIR-SURFACE 431,645 431,645
STANDOFF MISSILE.
003 LRASM0............... 59,511 59,511
004 SIDEWINDER (AIM-9X).. 127,438 127,438
005 AMRAAM............... 350,144 339,392
Pricing [-10,752]
adjustment.
006 PREDATOR HELLFIRE 33,955 33,955
MISSILE.
007 SMALL DIAMETER BOMB.. 92,361 92,361
INDUSTRIAL FACILITIES
008 INDUSTR'L PREPAREDNS/ 977 977
POL PREVENTION.
CLASS IV
009 ICBM FUZE MOD........ 17,095 17,095
010 MM III MODIFICATIONS. 68,692 68,692
011 AGM-65D MAVERICK..... 282 282
013 AIR LAUNCH CRUISE 21,762 21,762
MISSILE (ALCM).
014 SMALL DIAMETER BOMB.. 15,349 15,349
MISSILE SPARES AND
REPAIR PARTS
015 INITIAL SPARES/REPAIR 81,607 81,607
PARTS.
SPECIAL PROGRAMS
030 SPECIAL UPDATE 46,125 46,125
PROGRAMS.
CLASSIFIED PROGRAMS
030A CLASSIFIED PROGRAMS.. 1,009,431 1,009,431
TOTAL MISSILE 2,426,621 2,415,869
PROCUREMENT, AIR
FORCE.

SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 645,569 645,569
002 AF SATELLITE COMM 42,375 42,375
SYSTEM.
003 COUNTERSPACE SYSTEMS. 26,984 26,984
004 FAMILY OF BEYOND LINE- 88,963 88,963
OF-SIGHT TERMINALS.
005 WIDEBAND GAPFILLER 86,272 86,272
SATELLITES(SPACE).
006 GPS III SPACE SEGMENT 34,059 34,059
007 GLOBAL POSTIONING 2,169 2,169
(SPACE).
008 SPACEBORNE EQUIP 46,708 46,708
(COMSEC).
009 GLOBAL POSITIONING 13,171 10,271
(SPACE).
Excess to Need... [-2,900]
010 MILSATCOM............ 41,799 41,799
011 EVOLVED EXPENDABLE 768,586 742,586
LAUNCH CAPABILITY.
Early to need.... [-26,000]
012 EVOLVED EXPENDABLE 737,853 536,853
LAUNCH VEH(SPACE).
Early to need.... [-201,000]
013 SBIR HIGH (SPACE).... 362,504 362,504
014 NUDET DETECTION 4,395 4,395
SYSTEM.
015 SPACE MODS........... 8,642 8,642
016 SPACELIFT RANGE 123,088 123,088
SYSTEM SPACE.
SSPARES
017 INITIAL SPARES/REPAIR 22,606 22,606
PARTS.
TOTAL SPACE 3,055,743 2,825,843
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 18,734 18,734
CARTRIDGES
002 CARTRIDGES........... 220,237 220,237
BOMBS
003 PRACTICE BOMBS....... 97,106 97,106
004 GENERAL PURPOSE BOMBS 581,561 581,561
005 MASSIVE ORDNANCE 3,600 3,600
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 303,988 297,988
MUNITION.
Pricing [-6,000]
adjustment for
increased
quantity.
OTHER ITEMS
007 CAD/PAD.............. 38,890 38,890
008 EXPLOSIVE ORDNANCE 5,714 5,714
DISPOSAL (EOD).
009 SPARES AND REPAIR 740 740
PARTS.
010 MODIFICATIONS........ 573 573
011 ITEMS LESS THAN $5 5,156 5,156
MILLION.
FLARES
012 FLARES............... 134,709 134,709
FUZES
013 FUZES................ 229,252 229,252
SMALL ARMS
014 SMALL ARMS........... 37,459 37,459
TOTAL 1,677,719 1,671,719
PROCUREMENT OF
AMMUNITION, AIR
FORCE.

OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 14,437 14,437
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 24,812 24,812
VEHICLE.
003 CAP VEHICLES......... 984 984
004 ITEMS LESS THAN $5 11,191 11,191
MILLION.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 5,361 5,361
VEHICLES.
006 ITEMS LESS THAN $5 4,623 4,623
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 12,451 12,451
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 18,114 18,114
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 2,310 2,310
CLEANING EQUIP.
010 ITEMS LESS THAN $5 46,868 46,868
MILLION.
COMM SECURITY
EQUIPMENT(COMSEC)
012 COMSEC EQUIPMENT..... 72,359 72,359
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 6,982 6,982
EQUIPMENT.
015 INTELLIGENCE COMM 30,504 30,504
EQUIPMENT.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 55,803 55,803
LANDING SYS.
017 NATIONAL AIRSPACE 2,673 2,673
SYSTEM.
018 BATTLE CONTROL 5,677 5,677
SYSTEM--FIXED.
019 THEATER AIR CONTROL 1,163 1,163
SYS IMPROVEMENTS.
020 WEATHER OBSERVATION 21,667 21,667
FORECAST.
021 STRATEGIC COMMAND AND 39,803 39,803
CONTROL.
022 CHEYENNE MOUNTAIN 24,618 24,618
COMPLEX.
023 MISSION PLANNING 15,868 15,868
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,331 9,331
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 41,779 41,779
TECHNOLOGY.
027 AF GLOBAL COMMAND & 15,729 15,729
CONTROL SYS.
028 MOBILITY COMMAND AND 9,814 9,814
CONTROL.
029 AIR FORCE PHYSICAL 99,460 99,460
SECURITY SYSTEM.
030 COMBAT TRAINING 34,850 34,850
RANGES.
031 MINIMUM ESSENTIAL 198,925 198,925
EMERGENCY COMM N.
032 WIDE AREA 6,943 6,943
SURVEILLANCE (WAS).
033 C3 COUNTERMEASURES... 19,580 19,580
034 GCSS-AF FOS.......... 1,743 1,743
036 THEATER BATTLE MGT C2 9,659 9,659
SYSTEM.
037 AIR & SPACE 15,474 15,474
OPERATIONS CTR-WPN
SYS.
038 AIR OPERATIONS CENTER 30,623 15,323
(AOC) 10.2.
Fielding......... [-15,300]
AIR FORCE
COMMUNICATIONS
039 INFORMATION TRANSPORT 40,043 40,043
SYSTEMS.
040 AFNET................ 146,897 146,897
041 JOINT COMMUNICATIONS 5,182 5,182
SUPPORT ELEMENT
(JCSE).
042 USCENTCOM............ 13,418 13,418
ORGANIZATION AND BASE
052 TACTICAL C-E 109,836 109,836
EQUIPMENT.
053 RADIO EQUIPMENT...... 16,266 16,266
054 CCTV/AUDIOVISUAL 7,449 7,449
EQUIPMENT.
055 BASE COMM 109,215 109,215
INFRASTRUCTURE.
MODIFICATIONS
056 COMM ELECT MODS...... 65,700 65,700
PERSONAL SAFETY &
RESCUE EQUIP
058 ITEMS LESS THAN $5 54,416 54,416
MILLION.
DEPOT PLANT+MTRLS
HANDLING EQ
059 MECHANIZED MATERIAL 7,344 7,344
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
060 BASE PROCURED 6,852 6,852
EQUIPMENT.
063 MOBILITY EQUIPMENT... 8,146 8,146
064 ITEMS LESS THAN $5 28,427 28,427
MILLION.
SPECIAL SUPPORT
PROJECTS
066 DARP RC135........... 25,287 25,287
067 DCGS-AF.............. 169,201 169,201
069 SPECIAL UPDATE 576,710 576,710
PROGRAM.
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS.. 15,119,705 15,119,705
SPARES AND REPAIR
PARTS
072 SPARES AND REPAIR 15,784 15,784
PARTS.
TOTAL OTHER 17,438,056 17,422,756
PROCUREMENT, AIR
FORCE.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, WHS
037 MAJOR EQUIPMENT, OSD. 29,211 29,211
MAJOR EQUIPMENT, NSA
036 INFORMATION SYSTEMS 4,399 4,399
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
040 MAJOR EQUIPMENT, WHS. 24,979 24,979
MAJOR EQUIPMENT, DISA
006 INFORMATION SYSTEMS 21,347 21,347
SECURITY.
007 TELEPORT PROGRAM..... 50,597 50,597
008 ITEMS LESS THAN $5 10,420 10,420
MILLION.
009 NET CENTRIC 1,634 1,634
ENTERPRISE SERVICES
(NCES).
010 DEFENSE INFORMATION 87,235 87,235
SYSTEM NETWORK.
011 CYBER SECURITY 4,528 4,528
INITIATIVE.
012 WHITE HOUSE 36,846 36,846
COMMUNICATION AGENCY.
013 SENIOR LEADERSHIP 599,391 599,391
ENTERPRISE.
015 JOINT REGIONAL 150,221 150,221
SECURITY STACKS
(JRSS).
MAJOR EQUIPMENT, DLA
017 MAJOR EQUIPMENT...... 2,055 2,055
MAJOR EQUIPMENT, DSS
020 MAJOR EQUIPMENT...... 1,057 1,057
MAJOR EQUIPMENT, DCAA
001 ITEMS LESS THAN $5 2,964 2,964
MILLION.
MAJOR EQUIPMENT, TJS
038 MAJOR EQUIPMENT, TJS. 7,988 7,988
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
023 THAAD................ 369,608 369,608
024 AEGIS BMD............ 463,801 528,801
Increasing BMD [65,000]
capability for
Aegis Ships.
025 BMDS AN/TPY-2 RADARS. 5,503 5,503
026 ARROW UPPER TIER..... 120,000
Increase for [120,000]
Arrow 3
Coproduction
subject to Title
XVI.
027 DAVID'S SLING........ 150,000
Increase for DSWS [150,000]
Coproduction
subject to Title
XVI.
028 AEGIS ASHORE PHASE 57,493 57,493
III.
029 IRON DOME............ 42,000 62,000
Increase for [20,000]
Coproduction of
Iron Dome Tamir
Interceptors
subject to Title
XVI.
030 AEGIS BMD HARDWARE 50,098 50,098
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 14,232 14,232
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
021 VEHICLES............. 200 200
022 OTHER MAJOR EQUIPMENT 6,437 6,437
MAJOR EQUIPMENT,
DODEA
019 AUTOMATION/ 288 288
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 92 92
MAJOR EQUIPMENT,
DMACT
018 MAJOR EQUIPMENT...... 8,060 8,060
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS.. 568,864 568,864
AVIATION PROGRAMS
042 ROTARY WING UPGRADES 150,396 150,396
AND SUSTAINMENT.
043 UNMANNED ISR......... 21,190 21,190
045 NON-STANDARD AVIATION 4,905 4,905
046 U-28................. 3,970 3,970
047 MH-47 CHINOOK........ 25,022 25,022
049 CV-22 MODIFICATION... 19,008 19,008
051 MQ-9 UNMANNED AERIAL 10,598 10,598
VEHICLE.
053 PRECISION STRIKE 213,122 200,072
PACKAGE.
SOCOM requested [-13,050]
transfer.
054 AC/MC-130J........... 73,548 86,598
SOCOM requested [13,050]
transfer.
055 C-130 MODIFICATIONS.. 32,970 32,970
SHIPBUILDING
056 UNDERWATER SYSTEMS... 37,098 37,098
AMMUNITION PROGRAMS
057 ORDNANCE ITEMS <$5M.. 105,267 105,267
OTHER PROCUREMENT
PROGRAMS
058 INTELLIGENCE SYSTEMS. 79,963 79,963
059 DISTRIBUTED COMMON 13,432 13,432
GROUND/SURFACE
SYSTEMS.
060 OTHER ITEMS <$5M..... 66,436 66,436
061 COMBATANT CRAFT 55,820 55,820
SYSTEMS.
062 SPECIAL PROGRAMS..... 107,432 107,432
063 TACTICAL VEHICLES.... 67,849 67,849
064 WARRIOR SYSTEMS <$5M. 245,781 245,781
065 COMBAT MISSION 19,566 19,566
REQUIREMENTS.
066 GLOBAL VIDEO 3,437 3,437
SURVEILLANCE
ACTIVITIES.
067 OPERATIONAL 17,299 17,299
ENHANCEMENTS
INTELLIGENCE.
069 OPERATIONAL 219,945 219,945
ENHANCEMENTS.
CBDP
070 CHEMICAL BIOLOGICAL 148,203 148,203
SITUATIONAL
AWARENESS.
071 CB PROTECTION & 161,113 161,113
HAZARD MITIGATION.
TOTAL 4,524,918 4,879,918
PROCUREMENT,
DEFENSE-WIDE.

JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,300 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,300]
TOTAL JOINT 99,300 0
URGENT
OPERATIONAL
NEEDS FUND.

NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 MISCELLANEOUS 250,000
EQUIPMENT.
Program increase. [250,000]
TOTAL NATIONAL 250,000
GUARD AND
RESERVE
EQUIPMENT.

TOTAL 101,971,592 102,422,660
PROCUREMENT.
------------------------------------------------------------------------

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
MODIFICATION OF
AIRCRAFT
015 MULTI SENSOR ABN 21,400 21,400
RECON (MIP).
020 EMARSS SEMA MODS 42,700 42,700
(MIP).
026 RQ-7 UAV MODS........ 1,775 1,775
027 UAS MODS............. 4,420 4,420
GROUND SUPPORT
AVIONICS
030 CMWS................. 56,115 56,115
031 CIRCM................ 108,721 108,721
TOTAL AIRCRAFT 235,131 235,131
PROCUREMENT,
ARMY.

MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 305,830 305,830
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 15,567 15,567
SYSTEM SUMMARY.
008 TOW 2 SYSTEM SUMMARY. 80,652 80,652
010 GUIDED MLRS ROCKET 75,991 75,991
(GMLRS).
012 LETHAL MINIATURE 51,277 51,277
AERIAL MISSILE
SYSTEM (LMAMS.
TOTAL MISSILE 529,317 529,317
PROCUREMENT,
ARMY.

PROCUREMENT OF W&TCV,
ARMY
MODIFICATION OF
TRACKED COMBAT
VEHICLES
007 PALADIN INTEGRATED 125,184 125,184
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,950 5,950
014 ABRAMS UPGRADE 72,000
PROGRAM.
Army requested [172,000]
realignment (ERI).
Realign APS Unit [-100,000]
Set Requirements
to Base.
WEAPONS & OTHER
COMBAT VEHICLES
017 MORTAR SYSTEMS....... 22,410 22,410
SUPPORT EQUIPMENT &
FACILITIES
036 BRADLEY PROGRAM...... 72,800
Army requested [72,800]
realignment (ERI).
TOTAL 153,544 298,344
PROCUREMENT OF
W&TCV, ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
002 CTG, 7.62MM, ALL 9,642 9,642
TYPES.
004 CTG, .50 CAL, ALL 6,607 6,607
TYPES.
005 CTG, 20MM, ALL TYPES. 1,077 1,077
006 CTG, 25MM, ALL TYPES. 28,534 28,534
007 CTG, 30MM, ALL TYPES. 20,000 20,000
008 CTG, 40MM, ALL TYPES. 7,423 7,423
MORTAR AMMUNITION
009 60MM MORTAR, ALL 10,000 10,000
TYPES.
010 81MM MORTAR, ALL 2,677 2,677
TYPES.
TANK AMMUNITION
012 CARTRIDGES, TANK, 8,999 8,999
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
014 ARTILLERY PROJECTILE, 30,348 30,348
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 140 140
RANGE M982.
016 ARTILLERY 29,655 29,655
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
017 MINES & CLEARING 16,866 16,866
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
018 SPIDER NETWORK 10,353 10,353
MUNITIONS, ALL TYPES.
ROCKETS
019 SHOULDER LAUNCHED 63,210 63,210
MUNITIONS, ALL TYPES.
020 ROCKET, HYDRA 70, ALL 42,851 42,851
TYPES.
OTHER AMMUNITION
022 DEMOLITION MUNITIONS, 6,373 6,373
ALL TYPES.
023 GRENADES, ALL TYPES.. 4,143 4,143
024 SIGNALS, ALL TYPES... 1,852 1,852
MISCELLANEOUS
027 NON-LETHAL 773 773
AMMUNITION, ALL
TYPES.
TOTAL 301,523 301,523
PROCUREMENT OF
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 4,180 4,180
FLATBED:.
008 FAMILY OF MEDIUM 147,476 147,476
TACTICAL VEH (FMTV).
010 FAMILY OF HEAVY 6,122 6,122
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 106,358 106,358
012 HVY EXPANDED MOBILE 203,766 203,766
TACTICAL TRUCK EXT
SERV.
013 TACTICAL WHEELED 101,154 101,154
VEHICLE PROTECTION
KITS.
014 MODIFICATION OF IN 155,456 155,456
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
019 WIN-T--GROUND FORCES 9,572 9,572
TACTICAL NETWORK.
COMM--SATELLITE
COMMUNICATIONS
025 SHF TERM............. 24,000 24,000
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 1,550 1,550
ARCHITECTURE.
INFORMATION SECURITY
051 COMMUNICATIONS 1,928 1,928
SECURITY (COMSEC).
052 DEFENSIVE CYBER 26,500 26,500
OPERATIONS.
COMM--BASE
COMMUNICATIONS
056 INSTALLATION INFO 20,510 20,510
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
062 DCGS-A (MIP)......... 33,032 33,032
064 TROJAN (MIP)......... 3,305 3,305
066 CI HUMINT AUTO 7,233 7,233
REPRTING AND
COLL(CHARCS).
069 BIOMETRIC TACTICAL 5,670 5,670
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
070 LIGHTWEIGHT COUNTER 25,892 25,892
MORTAR RADAR.
074 FAMILY OF PERSISTENT 11,610 11,610
SURVEILLANCE
CAPABILITIE.
075 COUNTERINTELLIGENCE/ 23,890 23,890
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
080 INDIRECT FIRE 76,270 76,270
PROTECTION FAMILY OF
SYSTEMS.
089 MORTAR FIRE CONTROL 2,572 2,572
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
092 AIR & MSL DEFENSE 69,958 69,958
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
102 AUTOMATED DATA 9,900 9,900
PROCESSING EQUIP.
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
108 ITEMS LESS THAN $5M 96 96
(SURVEYING
EQUIPMENT).
CHEMICAL DEFENSIVE
EQUIPMENT
114 CBRN DEFENSE......... 1,841 1,841
BRIDGING EQUIPMENT
115 TACTICAL BRIDGING.... 26,000 26,000
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
124 ROBOTICS AND APPLIQUE 268 268
SYSTEMS.
128 FAMILY OF BOATS AND 280 280
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
129 HEATERS AND ECU'S.... 894 894
134 FORCE PROVIDER....... 53,800 53,800
135 FIELD FEEDING 2,665 2,665
EQUIPMENT.
136 CARGO AERIAL DEL & 2,400 2,400
PERSONNEL PARACHUTE
SYSTEM.
137 FAMILY OF ENGR COMBAT 9,789 9,789
AND CONSTRUCTION
SETS.
138 ITEMS LESS THAN $5M 300 300
(ENG SPT).
PETROLEUM EQUIPMENT
139 QUALITY SURVEILLANCE 4,800 4,800
EQUIPMENT.
140 DISTRIBUTION SYSTEMS, 78,240 78,240
PETROLEUM & WATER.
MEDICAL EQUIPMENT
141 COMBAT SUPPORT 5,763 5,763
MEDICAL.
MAINTENANCE EQUIPMENT
142 MOBILE MAINTENANCE 1,609 1,609
EQUIPMENT SYSTEMS.
143 ITEMS LESS THAN $5.0M 145 145
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
144 GRADER, ROAD MTZD, 3,047 3,047
HVY, 6X4 (CCE).
148 TRACTOR, FULL TRACKED 4,426 4,426
151 HIGH MOBILITY 2,900 2,900
ENGINEER EXCAVATOR
(HMEE).
155 ITEMS LESS THAN $5.0M 96 96
(CONST EQUIP).
GENERATORS
158 GENERATORS AND 21,861 21,861
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
160 FAMILY OF FORKLIFTS.. 846 846
TEST MEASURE AND DIG
EQUIPMENT (TMD)
168 TEST EQUIPMENT 1,140 1,140
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
170 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
TOTAL OTHER 1,309,610 1,309,610
PROCUREMENT,
ARMY.

JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 332,000 332,000
THREAT RESPONSE.
STAFF AND
INFRASTRUCTURE
002 MISSION ENABLERS..... 62,800 62,800
TOTAL JOINT 394,800 394,800
IMPROVISED-
THREAT DEFEAT
FUND.

AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
002 F/A-18E/F (FIGHTER) 184,912 184,912
HORNET.
OTHER AIRCRAFT
026 STUASL0 UAV.......... 70,000 70,000
MODIFICATION OF
AIRCRAFT
037 EP-3 SERIES.......... 7,505 7,505
047 SPECIAL PROJECT 14,869 14,869
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 70,780 70,780
059 V-22 (TILT/ROTOR 8,740 8,740
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
063 SPARES AND REPAIR 1,500 1,500
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
065 AIRCRAFT INDUSTRIAL 524 524
FACILITIES.
TOTAL AIRCRAFT 358,830 358,830
PROCUREMENT,
NAVY.

WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
010 HELLFIRE............. 8,600 8,600
TOTAL WEAPONS 8,600 8,600
PROCUREMENT,
NAVY.

PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 40,366 40,366
002 AIRBORNE ROCKETS, ALL 8,860 8,860
TYPES.
006 AIR EXPENDABLE 7,060 7,060
COUNTERMEASURES.
013 PYROTECHNIC AND 1,122 1,122
DEMOLITION.
014 AMMUNITION LESS THAN 3,495 3,495
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 1,205 1,205
017 40 MM, ALL TYPES..... 539 539
018 60MM, ALL TYPES...... 909 909
020 120MM, ALL TYPES..... 530 530
022 ROCKETS, ALL TYPES... 469 469
023 ARTILLERY, ALL TYPES. 1,196 1,196
024 DEMOLITION MUNITIONS, 261 261
ALL TYPES.
025 FUZE, ALL TYPES...... 217 217
TOTAL 66,229 66,229
PROCUREMENT OF
AMMO, NAVY & MC.

OTHER PROCUREMENT,
NAVY
OTHER SHORE
ELECTRONIC EQUIPMENT
081 DCGS-N............... 12,000 12,000
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 40,000 40,000
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
124 FIRE FIGHTING 630 630
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
133 FIRST DESTINATION 25 25
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
137 COMMAND SUPPORT 10,562 10,562
EQUIPMENT.
139 MEDICAL SUPPORT 5,000 5,000
EQUIPMENT.
CLASSIFIED PROGRAMS
150A CLASSIFIED PROGRAMS.. 1,660 1,660
TOTAL OTHER 69,877 69,877
PROCUREMENT,
NAVY.

PROCUREMENT, MARINE
CORPS
ARTILLERY AND OTHER
WEAPONS
006 WEAPONS AND COMBAT 572 572
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
010 JAVELIN.............. 1,606 1,606
OTHER SUPPORT (TEL)
018 MODIFICATION KITS.... 2,600 2,600
COMMAND AND CONTROL
SYSTEM (NON-TEL)
019 ITEMS UNDER $5 2,200 2,200
MILLION (COMM &
ELEC).
INTELL/COMM EQUIPMENT
(NON-TEL)
026 INTELLIGENCE SUPPORT 20,981 20,981
EQUIPMENT.
029 RQ-11 UAV............ 3,817 3,817
OTHER SUPPORT (NON-
TEL)
035 COMMON COMPUTER 2,600 2,600
RESOURCES.
037 RADIO SYSTEMS........ 9,563 9,563
ENGINEER AND OTHER
EQUIPMENT
053 EOD SYSTEMS.......... 75,000 75,000
TOTAL 118,939 118,939
PROCUREMENT,
MARINE CORPS.

AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRLIFT
004 C-130J............... 73,000 73,000
OTHER AIRCRAFT
015 MQ-9................. 273,600 186,600
Air Force [-87,000]
requested
transfer to line
61 for spares.
STRATEGIC AIRCRAFT
019 LARGE AIRCRAFT 135,801 135,801
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
020 A-10................. 23,850 23,850
OTHER AIRCRAFT
047 E-3.................. 6,600 6,600
056 HC/MC-130 13,550 13,550
MODIFICATIONS.
057 OTHER AIRCRAFT....... 7,500 7,500
059 MQ-9 MODS............ 112,068 112,068
AIRCRAFT SPARES AND
REPAIR PARTS
061 INITIAL SPARES/REPAIR 25,600 87,000
PARTS.
Air Force [87,000]
requested
transfer from
line 15 for
spares.
Compass Call [-25,600]
Program
Restructure.
OTHER PRODUCTION
CHARGES
077 OTHER PRODUCTION 8,400 8,400
CHARGES.
TOTAL AIRCRAFT 679,969 654,369
PROCUREMENT, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
006 PREDATOR HELLFIRE 145,125 145,125
MISSILE.
CLASS IV
011 AGM-65D MAVERICK..... 9,720 9,720
TOTAL MISSILE 154,845 154,845
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
CARTRIDGES
002 CARTRIDGES........... 9,830 9,830
BOMBS
004 GENERAL PURPOSE BOMBS 7,921 7,921
006 JOINT DIRECT ATTACK 140,126 130,876
MUNITION.
Pricing [-9,250]
adjustment.
FLARES
012 FLARES............... 6,531 6,531
TOTAL 164,408 155,158
PROCUREMENT OF
AMMUNITION, AIR
FORCE.

OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,003 2,003
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 9,066 9,066
VEHICLE.
004 ITEMS LESS THAN $5 12,264 12,264
MILLION.
SPECIAL PURPOSE
VEHICLES
006 ITEMS LESS THAN $5 16,789 16,789
MILLION.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 48,590 48,590
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAN $5 2,366 2,366
MILLION.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV & 6,468 6,468
CLEANING EQUIP.
010 ITEMS LESS THAN $5 9,271 9,271
MILLION.
ELECTRONICS PROGRAMS
016 AIR TRAFFIC CONTROL & 42,650 42,650
LANDING SYS.
SPCL COMM-ELECTRONICS
PROJECTS
029 AIR FORCE PHYSICAL 7,500 7,500
SECURITY SYSTEM.
033 C3 COUNTERMEASURES... 620 620
ORGANIZATION AND BASE
052 TACTICAL C-E 8,100 8,100
EQUIPMENT.
MODIFICATIONS
056 COMM ELECT MODS...... 3,800 3,800
BASE SUPPORT
EQUIPMENT
061 ENGINEERING AND EOD 53,900 53,900
EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
067 DCGS-AF.............. 800 800
CLASSIFIED PROGRAMS
070A CLASSIFIED PROGRAMS.. 3,609,978 3,609,978
TOTAL OTHER 3,834,165 3,834,165
PROCUREMENT, AIR
FORCE.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM..... 1,900 1,900
CLASSIFIED PROGRAMS
040A CLASSIFIED PROGRAMS.. 32,482 32,482
AVIATION PROGRAMS
041 MC-12................ 5,000 5,000
043 UNMANNED ISR......... 11,880 11,880
046 U-28................. 38,283 38,283
AMMUNITION PROGRAMS
057 ORDNANCE ITEMS <$5M.. 52,504 52,504
OTHER PROCUREMENT
PROGRAMS
058 INTELLIGENCE SYSTEMS. 22,000 22,000
060 OTHER ITEMS <$5M..... 11,580 11,580
062 SPECIAL PROGRAMS..... 13,549 13,549
063 TACTICAL VEHICLES.... 3,200 3,200
069 OPERATIONAL 42,056 22,806
ENHANCEMENTS.
Classified [-19,250]
adjustment.
TOTAL 234,434 215,184
PROCUREMENT,
DEFENSE-WIDE.

TOTAL 8,614,221 8,704,921
PROCUREMENT.
------------------------------------------------------------------------

SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE
REQUIREMENTS.

------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE
REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
ROTARY
006 AH-64 APACHE BLOCK 78,040 78,040
IIIA REMAN.
TOTAL AIRCRAFT 78,040 78,040
PROCUREMENT,
ARMY.

MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 150,000 150,000
ANTI-TANK/ASSAULT
MISSILE SYS
007 JAVELIN (AAWS-M) 104,200
SYSTEM SUMMARY.
Army unfunded [104,200]
requirement.
010 GUIDED MLRS ROCKET 76,000
(GMLRS).
Army unfunded [76,000]
requirement.
MODIFICATIONS
014 ATACMS MODS.......... 15,900
Army unfunded [15,900]
requirement.
TOTAL MISSILE 150,000 346,100
PROCUREMENT,
ARMY.

PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 4,000
TYPES.
Army unfunded [4,000]
requirement.
002 CTG, 7.62MM, ALL 14,000
TYPES.
Army unfunded [14,000]
requirement.
003 CTG, HANDGUN, ALL 9,000
TYPES.
Army unfunded [9,000]
requirement.
004 CTG, .50 CAL, ALL 20,000
TYPES.
Army unfunded [20,000]
requirement.
005 CTG, 20MM, ALL TYPES. 14,000
Army unfunded [14,000]
requirement.
007 CTG, 30MM, ALL TYPES. 8,200
Army unfunded [8,200]
requirement.
MORTAR AMMUNITION
011 120MM MORTAR, ALL 30,000
TYPES.
Army unfunded [30,000]
requirement.
TANK AMMUNITION
012 CARTRIDGES, TANK, 35,000
105MM AND 120MM, ALL
TYPES.
Army unfunded [35,000]
requirement.
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 23,500
RANGE M982.
Army unfunded [23,500]
requirement.
016 ARTILLERY 10,000
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Army unfunded [10,000]
requirement.
ROCKETS
019 SHOULDER LAUNCHED 30,000
MUNITIONS, ALL TYPES.
Army unfunded [30,000]
requirement.
020 ROCKET, HYDRA 70, ALL 42,500
TYPES.
Army unfunded [27,500]
requirement.
Army unfunded [15,000]
requirement-
guided hydra
rockets.
TOTAL 240,200
PROCUREMENT OF
AMMUNITION, ARMY.

OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
008 FAMILY OF MEDIUM 152,000 152,000
TACTICAL VEH (FMTV).
GENERATORS
158 GENERATORS AND 9,900 9,900
ASSOCIATED EQUIP.
TOTAL OTHER 161,900 161,900
PROCUREMENT,
ARMY.

JOINT IMPROVISED-
THREAT DEFEAT FUND
NETWORK ATTACK
001 RAPID ACQUISITION AND 113,272 113,272
THREAT RESPONSE.
TOTAL JOINT 113,272 113,272
IMPROVISED-
THREAT DEFEAT
FUND.

AIRCRAFT PROCUREMENT,
NAVY
MODIFICATION OF
AIRCRAFT
035 SH-60 SERIES......... 3,000 3,000
036 H-1 SERIES........... 3,740 3,740
051 COMMON ECM EQUIPMENT. 27,460 27,460
TOTAL AIRCRAFT 34,200 34,200
PROCUREMENT,
NAVY.

WEAPONS PROCUREMENT,
NAVY
STRATEGIC MISSILES
003 TOMAHAWK............. 84,200
Scope Increase... [84,200]
TACTICAL MISSILES
005 SIDEWINDER........... 33,000
Navy unfunded [33,000]
requirement.
TOTAL WEAPONS 117,200
PROCUREMENT,
NAVY.

PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 58,000
Navy unfunded [58,000]
requirement--JDAM
components.
MARINE CORPS
AMMUNITION
023 ARTILLERY, ALL TYPES. 19,200
Marine Corps [19,200]
unfunded
requirement-
GMLRS AW
munitions.
TOTAL 77,200
PROCUREMENT OF
AMMO, NAVY & MC.

OTHER PROCUREMENT,
NAVY
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 59,329 59,329
DISPOSAL EQUIP.
TOTAL OTHER 59,329 59,329
PROCUREMENT,
NAVY.

AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
015 MQ-9................. 179,430 179,430
TOTAL AIRCRAFT 179,430 179,430
PROCUREMENT, AIR
FORCE.

MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
007 SMALL DIAMETER BOMB.. 167,800 167,800
CLASS IV
011 AGM-65D MAVERICK..... 16,900 16,900
TOTAL MISSILE 184,700 184,700
PROCUREMENT, AIR
FORCE.

PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 60,000 60,000
BOMBS
006 JOINT DIRECT ATTACK 263,000 263,000
MUNITION.
TOTAL 323,000 323,000
PROCUREMENT OF
AMMUNITION, AIR
FORCE.

PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
007 TELEPORT PROGRAM..... 2,000 2,000
016 DEFENSE INFORMATION 2,000 2,000
SYSTEMS NETWORK.
TOTAL 4,000 4,000
PROCUREMENT,
DEFENSE-WIDE.

TOTAL 1,287,871 1,918,571
PROCUREMENT.
------------------------------------------------------------------------

TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
Program FY 2017 Conference
Line Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... BASIC RESEARCH
001 0601101A IN-HOUSE 12,381 12,381
LABORATORY
INDEPENDENT
RESEARCH.
002 0601102A DEFENSE RESEARCH 253,116 253,116
SCIENCES.
003 0601103A UNIVERSITY 69,166 69,166
RESEARCH
INITIATIVES.
004 0601104A UNIVERSITY AND 94,280 94,280
INDUSTRY
RESEARCH
CENTERS.
............... SUBTOTAL 428,943 428,943
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
005 0602105A MATERIALS 31,533 37,033
TECHNOLOGY.
............... Ground [5,500]
vehicle
coating
system.
006 0602120A SENSORS AND 36,109 38,109
ELECTRONIC
SURVIVABILITY.
............... Program [2,000]
increase.
007 0602122A TRACTOR HIP..... 6,995 6,995
008 0602211A AVIATION 65,914 65,914
TECHNOLOGY.
009 0602270A ELECTRONIC 25,466 25,466
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 44,313 44,313
TECHNOLOGY.
011 0602307A ADVANCED WEAPONS 28,803 28,803
TECHNOLOGY.
012 0602308A ADVANCED 27,688 27,688
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 67,959 67,959
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 85,436 85,436
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 3,923 3,923
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 5,545 5,545
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 53,581 53,581
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 56,322 56,322
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 36,079 36,079
TECHNOLOGY.
020 0602712A COUNTERMINE 26,497 26,497
SYSTEMS.
021 0602716A HUMAN FACTORS 23,671 23,671
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 22,151 22,151
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 37,803 37,803
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 13,811 13,811
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 67,416 67,416
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 26,045 26,045
PERSONNEL/
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 37,403 42,403
TECHNOLOGY.
............... Program [5,000]
Increase.
028 0602787A MEDICAL 77,111 77,111
TECHNOLOGY.
............... SUBTOTAL 907,574 920,074
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 38,831 38,831
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL ADVANCED 68,365 68,365
TECHNOLOGY.
031 0603003A AVIATION 94,280 94,280
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 68,714 68,714
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 122,132 152,132
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
............... Emerging [30,000]
requirement.
034 0603006A SPACE 3,904 3,904
APPLICATION
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 14,417 14,417
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE.... 8,074 21,374
............... Classified [13,300]
adjustment.
038 0603015A NEXT GENERATION 18,969 18,969
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE.... 11,910 11,910
040 0603125A COMBATING 27,686 27,686
TERRORISM--TECH
NOLOGY
DEVELOPMENT.
041 0603130A TRACTOR NAIL.... 2,340 2,340
042 0603131A TRACTOR EGGS.... 2,470 2,470
043 0603270A ELECTRONIC 27,893 27,893
WARFARE
TECHNOLOGY.
044 0603313A MISSILE AND 52,190 52,190
ROCKET ADVANCED
TECHNOLOGY.
045 0603322A TRACTOR CAGE.... 11,107 11,107
046 0603461A HIGH PERFORMANCE 177,190 179,190
COMPUTING
MODERNIZATION
PROGRAM.
............... Program [2,000]
increase.
047 0603606A LANDMINE WARFARE 17,451 17,451
AND BARRIER
ADVANCED
TECHNOLOGY.
048 0603607A JOINT SERVICE 5,839 5,839
SMALL ARMS
PROGRAM.
049 0603710A NIGHT VISION 44,468 44,468
ADVANCED
TECHNOLOGY.
050 0603728A ENVIRONMENTAL 11,137 11,137
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
051 0603734A MILITARY 20,684 20,684
ENGINEERING
ADVANCED
TECHNOLOGY.
052 0603772A ADVANCED 44,239 44,239
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
053 0603794A C3 ADVANCED 35,775 35,775
TECHNOLOGY.
............... SUBTOTAL 930,065 975,365
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603305A ARMY MISSLE 9,433 9,433
DEFENSE SYSTEMS
INTEGRATION.
055 0603308A ARMY SPACE 23,056 23,056
SYSTEMS
INTEGRATION.
056 0603619A LANDMINE WARFARE 72,117 72,117
AND BARRIER--
ADV DEV.
057 0603627A SMOKE, OBSCURANT 28,244 28,244
AND TARGET
DEFEATING SYS-
ADV DEV.
058 0603639A TANK AND MEDIUM 40,096 40,096
CALIBER
AMMUNITION.
059 0603747A SOLDIER SUPPORT 10,506 10,506
AND
SURVIVABILITY.
060 0603766A TACTICAL 15,730 15,730
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
061 0603774A NIGHT VISION 10,321 10,321
SYSTEMS
ADVANCED
DEVELOPMENT.
062 0603779A ENVIRONMENTAL 7,785 7,785
QUALITY
TECHNOLOGY--DEM/
VAL.
063 0603790A NATO RESEARCH 2,300 2,300
AND DEVELOPMENT.
064 0603801A AVIATION--ADV 10,014 10,014
DEV.
065 0603804A LOGISTICS AND 20,834 20,834
ENGINEER
EQUIPMENT--ADV
DEV.
066 0603807A MEDICAL SYSTEMS-- 33,503 33,503
ADV DEV.
067 0603827A SOLDIER SYSTEMS-- 31,120 40,520
ADVANCED
DEVELOPMENT.
............... Accelerate [9,400]
small arms
improvement.
068 0604100A ANALYSIS OF 6,608 6,608
ALTERNATIVES.
069 0604114A LOWER TIER AIR 35,132 35,132
MISSILE DEFENSE
(LTAMD) SENSOR.
070 0604115A TECHNOLOGY 70,047 61,038
MATURATION
INITIATIVES.
............... Excess [-9,009]
growth.
071 0604120A ASSURED 83,279 83,279
POSITIONING,
NAVIGATION AND
TIMING (PNT).
073 0305251A CYBERSPACE 40,510 30,510
OPERATIONS
FORCES AND
FORCE SUPPORT.
............... Inadequate [-10,000]
justificatio
n.
............... SUBTOTAL 550,635 541,026
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
074 0604201A AIRCRAFT 83,248 83,248
AVIONICS.
075 0604270A ELECTRONIC 34,642 34,642
WARFARE
DEVELOPMENT.
077 0604290A MID-TIER 12,172 12,172
NETWORKING
VEHICULAR RADIO
(MNVR).
078 0604321A ALL SOURCE 3,958 3,958
ANALYSIS SYSTEM.
079 0604328A TRACTOR CAGE.... 12,525 12,525
080 0604601A INFANTRY SUPPORT 66,943 66,943
WEAPONS.
082 0604611A JAVELIN......... 20,011 20,011
083 0604622A FAMILY OF HEAVY 11,429 11,429
TACTICAL
VEHICLES.
084 0604633A AIR TRAFFIC 3,421 3,421
CONTROL.
085 0604641A TACTICAL 39,282 39,282
UNMANNED GROUND
VEHICLE (TUGV).
086 0604642A LIGHT TACTICAL 494 494
WHEELED
VEHICLES.
087 0604645A ARMORED SYSTEMS 9,678 9,678
MODERNIZATION
(ASM)--ENG DEV.
088 0604710A NIGHT VISION 84,519 84,519
SYSTEMS--ENG
DEV.
089 0604713A COMBAT FEEDING, 2,054 2,054
CLOTHING, AND
EQUIPMENT.
090 0604715A NON-SYSTEM 30,774 30,774
TRAINING
DEVICES--ENG
DEV.
091 0604741A AIR DEFENSE 53,332 61,332
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
............... Program [8,000]
increase-
all digital
radar
technology
for CRAM.
092 0604742A CONSTRUCTIVE 17,887 17,887
SIMULATION
SYSTEMS
DEVELOPMENT.
093 0604746A AUTOMATIC TEST 8,813 8,813
EQUIPMENT
DEVELOPMENT.
094 0604760A DISTRIBUTIVE 10,487 10,487
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
095 0604780A COMBINED ARMS 15,068 15,068
TACTICAL
TRAINER (CATT)
CORE.
096 0604798A BRIGADE 89,716 89,716
ANALYSIS,
INTEGRATION AND
EVALUATION.
097 0604802A WEAPONS AND 80,365 80,365
MUNITIONS--ENG
DEV.
098 0604804A LOGISTICS AND 75,098 86,198
ENGINEER
EQUIPMENT--ENG
DEV.
............... Program [11,100]
Increase-
next
generation
signature
management.
099 0604805A COMMAND, 4,245 4,245
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
100 0604807A MEDICAL MATERIEL/ 41,124 41,124
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
101 0604808A LANDMINE WARFARE/ 39,630 39,630
BARRIER--ENG
DEV.
102 0604818A ARMY TACTICAL 205,590 205,590
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
103 0604820A RADAR 15,983 15,983
DEVELOPMENT.
104 0604822A GENERAL FUND 6,805 6,805
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
105 0604823A FIREFINDER...... 9,235 9,235
106 0604827A SOLDIER SYSTEMS-- 12,393 12,393
WARRIOR DEM/VAL.
107 0604854A ARTILLERY 1,756 1,756
SYSTEMS--EMD.
108 0605013A INFORMATION 74,236 74,236
TECHNOLOGY
DEVELOPMENT.
109 0605018A INTEGRATED 155,584 144,584
PERSONNEL AND
PAY SYSTEM-ARMY
(IPPS-A).
............... Unjustified [-11,000]
growth.
110 0605028A ARMORED MULTI- 184,221 184,221
PURPOSE VEHICLE
(AMPV).
111 0605029A INTEGRATED 4,980 4,980
GROUND SECURITY
SURVEILLANCE
RESPONSE
CAPABILITY
(IGSSR-C).
112 0605030A JOINT TACTICAL 15,041 15,041
NETWORK CENTER
(JTNC).
113 0605031A JOINT TACTICAL 16,014 16,014
NETWORK (JTN).
114 0605032A TRACTOR TIRE.... 27,254 27,254
115 0605033A GROUND-BASED 5,032 5,032
OPERATIONAL
SURVEILLANCE
SYSTEM--EXPEDIT
IONARY (GBOSS-
E).
116 0605034A TACTICAL 2,904 2,904
SECURITY SYSTEM
(TSS).
117 0605035A COMMON INFRARED 96,977 96,977
COUNTERMEASURES
(CIRCM).
118 0605036A COMBATING 2,089 2,089
WEAPONS OF MASS
DESTRUCTION
(CWMD).
119 0605041A DEFENSIVE CYBER 33,836 33,836
TOOL
DEVELOPMENT.
120 0605042A TACTICAL NETWORK 18,824 18,824
RADIO SYSTEMS
(LOW-TIER).
121 0605047A CONTRACT WRITING 20,663 20,663
SYSTEM.
122 0605051A AIRCRAFT 41,133 41,133
SURVIVABILITY
DEVELOPMENT.
123 0605052A INDIRECT FIRE 83,995 83,995
PROTECTION
CAPABILITY INC
2--BLOCK 1.
125 0605380A AMF JOINT 5,028 5,028
TACTICAL RADIO
SYSTEM (JTRS).
126 0605450A JOINT AIR-TO- 42,972 42,972
GROUND MISSILE
(JAGM).
128 0605457A ARMY INTEGRATED 252,811 252,811
AIR AND MISSILE
DEFENSE (AIAMD).
131 0605766A NATIONAL 4,955 4,955
CAPABILITIES
INTEGRATION
(MIP).
132 0605812A JOINT LIGHT 11,530 11,530
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
133 0605830A AVIATION GROUND 2,142 2,142
SUPPORT
EQUIPMENT.
134 0210609A PALADIN 41,498 41,498
INTEGRATED
MANAGEMENT
(PIM).
135 0303032A TROJAN--RH12.... 4,273 4,273
136 0304270A ELECTRONIC 14,425 14,425
WARFARE
DEVELOPMENT.
............... SUBTOTAL 2,265,094 2,273,194
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
137 0604256A THREAT SIMULATOR 25,675 25,675
DEVELOPMENT.
138 0604258A TARGET SYSTEMS 19,122 19,122
DEVELOPMENT.
139 0604759A MAJOR T&E 84,777 84,777
INVESTMENT.
140 0605103A RAND ARROYO 20,658 20,658
CENTER.
141 0605301A ARMY KWAJALEIN 236,648 236,648
ATOLL.
142 0605326A CONCEPTS 25,596 25,596
EXPERIMENTATION
PROGRAM.
144 0605601A ARMY TEST RANGES 293,748 293,748
AND FACILITIES.
145 0605602A ARMY TECHNICAL 52,404 52,404
TEST
INSTRUMENTATION
AND TARGETS.
146 0605604A SURVIVABILITY/ 38,571 38,571
LETHALITY
ANALYSIS.
147 0605606A AIRCRAFT 4,665 4,665
CERTIFICATION.
148 0605702A METEOROLOGICAL 6,925 6,925
SUPPORT TO
RDT&E
ACTIVITIES.
149 0605706A MATERIEL SYSTEMS 21,677 21,677
ANALYSIS.
150 0605709A EXPLOITATION OF 12,415 12,415
FOREIGN ITEMS.
151 0605712A SUPPORT OF 49,684 49,684
OPERATIONAL
TESTING.
152 0605716A ARMY EVALUATION 55,905 55,905
CENTER.
153 0605718A ARMY MODELING & 7,959 7,959
SIM X-CMD
COLLABORATION &
INTEG.
154 0605801A PROGRAMWIDE 51,822 51,822
ACTIVITIES.
155 0605803A TECHNICAL 33,323 33,323
INFORMATION
ACTIVITIES.
156 0605805A MUNITIONS 40,545 40,545
STANDARDIZATION
, EFFECTIVENESS
AND SAFETY.
157 0605857A ENVIRONMENTAL 2,130 2,130
QUALITY
TECHNOLOGY MGMT
SUPPORT.
158 0605898A MANAGEMENT HQ-- 49,885 49,885
R&D.
159 0303260A DEFENSE MILITARY 2,000 2,000
DECEPTION
INITIATIVE.
............... SUBTOTAL 1,136,134 1,136,134
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
161 0603778A MLRS PRODUCT 9,663 9,663
IMPROVEMENT
PROGRAM.
162 0603813A TRACTOR PULL.... 3,960 3,960
163 0605024A ANTI-TAMPER 3,638 3,638
TECHNOLOGY
SUPPORT.
164 0607131A WEAPONS AND 14,517 14,517
MUNITIONS
PRODUCT
IMPROVEMENT
PROGRAMS.
165 0607133A TRACTOR SMOKE... 4,479 4,479
166 0607134A LONG RANGE 39,275 39,275
PRECISION FIRES
(LRPF).
167 0607135A APACHE PRODUCT 66,441 66,441
IMPROVEMENT
PROGRAM.
168 0607136A BLACKHAWK 46,765 46,765
PRODUCT
IMPROVEMENT
PROGRAM.
169 0607137A CHINOOK PRODUCT 91,848 91,848
IMPROVEMENT
PROGRAM.
170 0607138A FIXED WING 796 796
PRODUCT
IMPROVEMENT
PROGRAM.
171 0607139A IMPROVED TURBINE 126,105 126,105
ENGINE PROGRAM.
172 0607140A EMERGING 2,369 2,369
TECHNOLOGIES
FROM NIE.
173 0607141A LOGISTICS 4,563 4,563
AUTOMATION.
174 0607665A FAMILY OF 12,098 12,098
BIOMETRICS.
175 0607865A PATRIOT PRODUCT 49,482 49,482
IMPROVEMENT.
176 0202429A AEROSTAT JOINT 45,482 2,482
PROJECT--COCOM
EXERCISE.
............... Program [-43,000]
reduction.
178 0203728A JOINT AUTOMATED 30,455 30,455
DEEP OPERATION
COORDINATION
SYSTEM (JADOCS).
179 0203735A COMBAT VEHICLE 316,857 316,857
IMPROVEMENT
PROGRAMS.
180 0203740A MANEUVER CONTROL 4,031 4,031
SYSTEM.
181 0203744A AIRCRAFT 35,793 35,793
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
182 0203752A AIRCRAFT ENGINE 259 259
COMPONENT
IMPROVEMENT
PROGRAM.
183 0203758A DIGITIZATION.... 6,483 6,483
184 0203801A MISSILE/AIR 5,122 5,122
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
185 0203802A OTHER MISSILE 7,491 7,491
PRODUCT
IMPROVEMENT
PROGRAMS.
186 0203808A TRACTOR CARD.... 20,333 20,333
188 0205410A MATERIALS 124 124
HANDLING
EQUIPMENT.
190 0205456A LOWER TIER AIR 69,417 69,417
AND MISSILE
DEFENSE (AMD)
SYSTEM.
191 0205778A GUIDED MULTIPLE- 22,044 22,044
LAUNCH ROCKET
SYSTEM (GMLRS).
192 0208053A JOINT TACTICAL 12,649 12,649
GROUND SYSTEM.
194 0303028A SECURITY AND 11,619 11,619
INTELLIGENCE
ACTIVITIES.
195 0303140A INFORMATION 38,280 38,280
SYSTEMS
SECURITY
PROGRAM.
196 0303141A GLOBAL COMBAT 27,223 27,223
SUPPORT SYSTEM.
197 0303142A SATCOM GROUND 18,815 18,815
ENVIRONMENT
(SPACE).
198 0303150A WWMCCS/GLOBAL 4,718 4,718
COMMAND AND
CONTROL SYSTEM.
202 0305204A TACTICAL 8,218 8,218
UNMANNED AERIAL
VEHICLES.
203 0305206A AIRBORNE 11,799 11,799
RECONNAISSANCE
SYSTEMS.
204 0305208A DISTRIBUTED 32,284 32,284
COMMON GROUND/
SURFACE SYSTEMS.
205 0305219A MQ-1C GRAY EAGLE 13,470 13,470
UAS.
206 0305232A RQ-11 UAV....... 1,613 1,613
207 0305233A RQ-7 UAV........ 4,597 4,597
209 0310349A WIN-T INCREMENT 4,867 4,867
2--INITIAL
NETWORKING.
210 0708045A END ITEM 62,287 62,287
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
210A 9999999999 CLASSIFIED 4,625 4,625
PROGRAMS.
............... SUBTOTAL 1,296,954 1,253,954
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 7,515,399 7,528,690
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... BASIC RESEARCH
001 0601103N UNIVERSITY 101,714 121,714
RESEARCH
INITIATIVES.
............... Program [20,000]
increase.
002 0601152N IN-HOUSE 18,508 18,508
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE RESEARCH 422,748 422,748
SCIENCES.
............... SUBTOTAL 542,970 562,970
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602114N POWER PROJECTION 41,371 41,371
APPLIED
RESEARCH.
005 0602123N FORCE PROTECTION 158,745 158,745
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 51,590 51,590
LANDING FORCE
TECHNOLOGY.
007 0602235N COMMON PICTURE 41,185 41,185
APPLIED
RESEARCH.
008 0602236N WARFIGHTER 45,467 45,467
SUSTAINMENT
APPLIED
RESEARCH.
009 0602271N ELECTROMAGNETIC 118,941 118,941
SYSTEMS APPLIED
RESEARCH.
010 0602435N OCEAN 42,618 72,618
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
............... Service Life [30,000]
Extension
Program--AGO
R.
011 0602651M JOINT NON-LETHAL 6,327 6,327
WEAPONS APPLIED
RESEARCH.
012 0602747N UNDERSEA WARFARE 126,313 126,313
APPLIED
RESEARCH.
013 0602750N FUTURE NAVAL 165,103 165,103
CAPABILITIES
APPLIED
RESEARCH.
014 0602782N MINE AND 33,916 33,916
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
015 0602898N SCIENCE AND 29,575 29,575
TECHNOLOGY
MANAGEMENT--ONR
HEADQUARTERS.
............... SUBTOTAL 861,151 891,151
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
016 0603114N POWER PROJECTION 96,406 96,406
ADVANCED
TECHNOLOGY.
017 0603123N FORCE PROTECTION 48,438 48,438
ADVANCED
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC 26,421 26,421
SYSTEMS
ADVANCED
TECHNOLOGY.
019 0603640M USMC ADVANCED 140,416 140,416
TECHNOLOGY
DEMONSTRATION
(ATD).
020 0603651M JOINT NON-LETHAL 13,117 13,117
WEAPONS
TECHNOLOGY
DEVELOPMENT.
021 0603673N FUTURE NAVAL 249,092 247,092
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Capable [-2,000]
manpower,
and power
and energy.
022 0603680N MANUFACTURING 56,712 56,712
TECHNOLOGY
PROGRAM.
023 0603729N WARFIGHTER 4,789 4,789
PROTECTION
ADVANCED
TECHNOLOGY.
024 0603747N UNDERSEA WARFARE 25,880 25,880
ADVANCED
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING 60,550 60,550
EXPERIMENTS AND
DEMONSTRATIONS.
026 0603782N MINE AND 15,167 15,167
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 736,988 734,988
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
027 0603207N AIR/OCEAN 48,536 48,536
TACTICAL
APPLICATIONS.
028 0603216N AVIATION 5,239 5,239
SURVIVABILITY.
030 0603251N AIRCRAFT SYSTEMS 1,519 1,519
031 0603254N ASW SYSTEMS 7,041 7,041
DEVELOPMENT.
032 0603261N TACTICAL 3,274 3,274
AIRBORNE
RECONNAISSANCE.
033 0603382N ADVANCED COMBAT 57,034 15,496
SYSTEMS
TECHNOLOGY.
............... Rapid [-30,267]
prototype
development
excess
growth.
............... Unmanned [-11,271]
rapid
prototype
development
excess
growth.
034 0603502N SURFACE AND 165,775 143,548
SHALLOW WATER
MINE
COUNTERMEASURES.
............... Excess prior [-1,500]
year funds.
............... LDUUV [-13,800]
product
development
excess
growth.
............... USV with AQS- [-5,750]
20 product
development
excess
growth.
............... USV with AQS- [-1,177]
20 support
excess
growth.
035 0603506N SURFACE SHIP 87,066 87,066
TORPEDO DEFENSE.
036 0603512N CARRIER SYSTEMS 7,605 7,605
DEVELOPMENT.
037 0603525N PILOT FISH...... 132,068 132,068
038 0603527N RETRACT LARCH... 14,546 14,546
039 0603536N RETRACT JUNIPER. 115,435 115,435
040 0603542N RADIOLOGICAL 702 702
CONTROL.
041 0603553N SURFACE ASW..... 1,081 1,081
042 0603561N ADVANCED 100,565 100,565
SUBMARINE
SYSTEM
DEVELOPMENT.
043 0603562N SUBMARINE 8,782 8,782
TACTICAL
WARFARE SYSTEMS.
044 0603563N SHIP CONCEPT 14,590 14,590
ADVANCED DESIGN.
045 0603564N SHIP PRELIMINARY 15,805 15,805
DESIGN &
FEASIBILITY
STUDIES.
046 0603570N ADVANCED NUCLEAR 453,313 453,313
POWER SYSTEMS.
047 0603573N ADVANCED SURFACE 36,655 36,655
MACHINERY
SYSTEMS.
048 0603576N CHALK EAGLE..... 367,016 367,016
049 0603581N LITTORAL COMBAT 51,630 51,630
SHIP (LCS).
050 0603582N COMBAT SYSTEM 23,530 23,530
INTEGRATION.
051 0603595N OHIO REPLACEMENT 700,811 700,811
052 0603596N LCS MISSION 160,058 129,187
MODULES.
............... Program [-30,871]
Restructure.
053 0603597N AUTOMATED TEST 8,000
AND ANALYSIS.
............... Program [8,000]
increase.
054 0603599N FRIGATE 84,900 84,900
DEVELOPMENT.
055 0603609N CONVENTIONAL 8,342 8,342
MUNITIONS.
056 0603611M MARINE CORPS 158,682 138,762
ASSAULT
VEHICLES.
............... Product [-19,920]
development
prior year
carryover.
057 0603635M MARINE CORPS 1,303 1,303
GROUND COMBAT/
SUPPORT SYSTEM.
058 0603654N JOINT SERVICE 46,911 46,911
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
060 0603713N OCEAN 4,556 4,556
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
061 0603721N ENVIRONMENTAL 20,343 20,343
PROTECTION.
062 0603724N NAVY ENERGY 52,479 52,479
PROGRAM.
063 0603725N FACILITIES 5,458 5,458
IMPROVEMENT.
064 0603734N CHALK CORAL..... 245,860 245,860
065 0603739N NAVY LOGISTIC 3,089 3,089
PRODUCTIVITY.
066 0603746N RETRACT MAPLE... 323,526 323,526
067 0603748N LINK PLUMERIA... 318,497 318,497
068 0603751N RETRACT ELM..... 52,834 52,834
069 0603764N LINK EVERGREEN.. 48,116 48,116
070 0603787N SPECIAL 13,619 13,619
PROCESSES.
071 0603790N NATO RESEARCH 9,867 9,867
AND DEVELOPMENT.
072 0603795N LAND ATTACK 6,015 6,015
TECHNOLOGY.
073 0603851M JOINT NON-LETHAL 27,904 27,904
WEAPONS TESTING.
074 0603860N JOINT PRECISION 104,144 102,722
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
............... UCLASS test [-1,422]
support
unjustified
request.
075 0603925N DIRECTED ENERGY 32,700 32,700
AND ELECTRIC
WEAPON SYSTEMS.
076 0604112N GERALD R. FORD 70,528 70,528
CLASS NUCLEAR
AIRCRAFT
CARRIER (CVN
78--80).
077 0604122N REMOTE 3,001 3,001
MINEHUNTING
SYSTEM (RMS).
078 0604272N TACTICAL AIR 34,920 34,920
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
080 0604292N MH-XX........... 1,620 1,620
081 0604454N LX (R).......... 6,354 6,354
082 0604536N ADVANCED 78,589 44,189
UNDERSEA
PROTOTYPING.
............... Ahead of [-34,400]
need.
084 0604659N PRECISION STRIKE 9,910 9,910
WEAPONS
DEVELOPMENT
PROGRAM.
085 0604707N SPACE AND 23,971 23,971
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
086 0604786N OFFENSIVE ANTI- 252,409 250,371
SURFACE WARFARE
WEAPON
DEVELOPMENT.
............... Increment II [-2,038]
early to
need.
087 0605812M JOINT LIGHT 23,197 23,197
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
088 0303354N ASW SYSTEMS 9,110 9,110
DEVELOPMENT--MI
P.
089 0304270N ELECTRONIC 437 437
WARFARE
DEVELOPMENT--MI
P.
............... SUBTOTAL 4,662,867 4,518,451
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0603208N TRAINING SYSTEM 19,938 19,938
AIRCRAFT.
091 0604212N OTHER HELO 6,268 6,268
DEVELOPMENT.
092 0604214N AV-8B AIRCRAFT-- 33,664 33,664
ENG DEV.
093 0604215N STANDARDS 1,300 1,300
DEVELOPMENT.
094 0604216N MULTI-MISSION 5,275 5,275
HELICOPTER
UPGRADE
DEVELOPMENT.
095 0604218N AIR/OCEAN 3,875 3,875
EQUIPMENT
ENGINEERING.
096 0604221N P-3 1,909 1,909
MODERNIZATION
PROGRAM.
097 0604230N WARFARE SUPPORT 13,237 13,237
SYSTEM.
098 0604231N TACTICAL COMMAND 36,323 36,323
SYSTEM.
099 0604234N ADVANCED HAWKEYE 363,792 363,792
100 0604245N H-1 UPGRADES.... 27,441 27,441
101 0604261N ACOUSTIC SEARCH 34,525 34,525
SENSORS.
102 0604262N V-22A........... 174,423 157,698
............... Hardware [-8,474]
development
airframe
excess
growth.
............... Refueling [-8,251]
system
development
excess
growth.
103 0604264N AIR CREW SYSTEMS 13,577 13,577
DEVELOPMENT.
104 0604269N EA-18........... 116,761 116,761
105 0604270N ELECTRONIC 48,766 48,766
WARFARE
DEVELOPMENT.
106 0604273N EXECUTIVE HELO 338,357 338,357
DEVELOPMENT.
107 0604274N NEXT GENERATION 577,822 577,822
JAMMER (NGJ).
108 0604280N JOINT TACTICAL 2,365 2,365
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
109 0604282N NEXT GENERATION 52,065 42,065
JAMMER (NGJ)
INCREMENT II.
............... Program [-10,000]
growth.
110 0604307N SURFACE 282,764 282,764
COMBATANT
COMBAT SYSTEM
ENGINEERING.
111 0604311N LPD-17 CLASS 580 580
SYSTEMS
INTEGRATION.
112 0604329N SMALL DIAMETER 97,622 97,622
BOMB (SDB).
113 0604366N STANDARD MISSILE 120,561 120,561
IMPROVEMENTS.
114 0604373N AIRBORNE MCM.... 45,622 45,622
116 0604378N NAVAL INTEGRATED 25,750 25,750
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
118 0604501N ADVANCED ABOVE 85,868 85,868
WATER SENSORS.
119 0604503N SSN-688 AND 117,476 117,476
TRIDENT
MODERNIZATION.
120 0604504N AIR CONTROL..... 47,404 47,404
121 0604512N SHIPBOARD 112,158 112,158
AVIATION
SYSTEMS.
122 0604518N COMBAT 6,283 6,283
INFORMATION
CENTER
CONVERSION.
123 0604522N AIR AND MISSILE 144,395 144,395
DEFENSE RADAR
(AMDR) SYSTEM.
124 0604558N NEW DESIGN SSN.. 113,013 113,013
125 0604562N SUBMARINE 43,160 43,160
TACTICAL
WARFARE SYSTEM.
126 0604567N SHIP CONTRACT 65,002 85,002
DESIGN/ LIVE
FIRE T&E.
............... CVN Design.. [20,000]
127 0604574N NAVY TACTICAL 3,098 3,098
COMPUTER
RESOURCES.
128 0604580N VIRGINIA PAYLOAD 97,920 97,920
MODULE (VPM).
129 0604601N MINE DEVELOPMENT 10,490 10,490
130 0604610N LIGHTWEIGHT 20,178 20,178
TORPEDO
DEVELOPMENT.
131 0604654N JOINT SERVICE 7,369 7,369
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
132 0604703N PERSONNEL, 4,995 4,995
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
133 0604727N JOINT STANDOFF 412 412
WEAPON SYSTEMS.
134 0604755N SHIP SELF 134,619 134,619
DEFENSE (DETECT
& CONTROL).
135 0604756N SHIP SELF 114,475 105,475
DEFENSE
(ENGAGE: HARD
KILL).
............... Program [-9,000]
Execution.
136 0604757N SHIP SELF 114,211 111,211
DEFENSE
(ENGAGE: SOFT
KILL/EW).
............... Decoy [-3,000]
development
effort
unjustified
growth.
137 0604761N INTELLIGENCE 11,029 11,029
ENGINEERING.
138 0604771N MEDICAL 9,220 9,220
DEVELOPMENT.
139 0604777N NAVIGATION/ID 42,723 42,723
SYSTEM.
140 0604800M JOINT STRIKE 531,426 531,426
FIGHTER (JSF)--
EMD.
141 0604800N JOINT STRIKE 528,716 528,716
FIGHTER (JSF)--
EMD.
142 0604810M JOINT STRIKE 74,227 71,977
FIGHTER FOLLOW
ON DEVELOPMENT--
MARINE CORPS.
............... Follow-on [-2,250]
development
excess funds.
143 0604810N JOINT STRIKE 63,387 61,137
FIGHTER FOLLOW
ON DEVELOPMENT--
NAVY.
............... Follow-on [-2,250]
development
excess funds.
144 0605013M INFORMATION 4,856 4,856
TECHNOLOGY
DEVELOPMENT.
145 0605013N INFORMATION 97,066 97,066
TECHNOLOGY
DEVELOPMENT.
146 0605024N ANTI-TAMPER 2,500 2,500
TECHNOLOGY
SUPPORT.
147 0605212N CH-53K RDTE..... 404,810 373,297
............... Program [-31,513]
delay.
148 0605215N MISSION PLANNING 33,570 33,570
149 0605217N COMMON AVIONICS. 51,599 51,599
150 0605220N SHIP TO SHORE 11,088 11,088
CONNECTOR (SSC).
151 0605327N T-AO (X)........ 1,095 1,095
152 0605414N MQ-XX........... 89,000 77,000
............... Excess [-12,000]
Obligation.
153 0605450N JOINT AIR-TO- 17,880 17,880
GROUND MISSILE
(JAGM).
154 0605500N MULTI-MISSION 59,126 59,126
MARITIME
AIRCRAFT (MMA).
155 0605504N MULTI-MISSION 182,220 152,220
MARITIME (MMA)
INCREMENT III.
............... Program [-30,000]
execution.
156 0204202N DDG-1000........ 45,642 45,642
159 0304231N TACTICAL COMMAND 676 676
SYSTEM--MIP.
160 0304785N TACTICAL 36,747 36,747
CRYPTOLOGIC
SYSTEMS.
161 0305124N SPECIAL 35,002 35,002
APPLICATIONS
PROGRAM.
162 0306250M CYBER OPERATIONS 4,942 4,942
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 6,025,655 5,928,917
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
163 0604256N THREAT SIMULATOR 16,633 16,633
DEVELOPMENT.
164 0604258N TARGET SYSTEMS 36,662 36,662
DEVELOPMENT.
165 0604759N MAJOR T&E 42,109 42,109
INVESTMENT.
166 0605126N JOINT THEATER 2,998 2,998
AIR AND MISSILE
DEFENSE
ORGANIZATION.
167 0605152N STUDIES AND 3,931 3,931
ANALYSIS
SUPPORT--NAVY.
168 0605154N CENTER FOR NAVAL 46,634 46,634
ANALYSES.
169 0605285N NEXT GENERATION 1,200 1,200
FIGHTER.
171 0605804N TECHNICAL 903 903
INFORMATION
SERVICES.
172 0605853N MANAGEMENT, 87,077 87,077
TECHNICAL &
INTERNATIONAL
SUPPORT.
173 0605856N STRATEGIC 3,597 3,597
TECHNICAL
SUPPORT.
174 0605861N RDT&E SCIENCE 62,811 62,811
AND TECHNOLOGY
MANAGEMENT.
175 0605863N RDT&E SHIP AND 106,093 106,093
AIRCRAFT
SUPPORT.
176 0605864N TEST AND 349,146 349,146
EVALUATION
SUPPORT.
177 0605865N OPERATIONAL TEST 18,160 18,160
AND EVALUATION
CAPABILITY.
178 0605866N NAVY SPACE AND 9,658 9,658
ELECTRONIC
WARFARE (SEW)
SUPPORT.
179 0605867N SEW SURVEILLANCE/ 6,500 6,500
RECONNAISSANCE
SUPPORT.
180 0605873M MARINE CORPS 22,247 22,247
PROGRAM WIDE
SUPPORT.
181 0605898N MANAGEMENT HQ-- 16,254 16,254
R&D.
182 0606355N WARFARE 21,123 21,123
INNOVATION
MANAGEMENT.
............... SUBTOTAL 853,736 853,736
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
188 0607658N COOPERATIVE 84,501 84,501
ENGAGEMENT
CAPABILITY
(CEC).
189 0607700N DEPLOYABLE JOINT 2,970 2,970
COMMAND AND
CONTROL.
190 0101221N STRATEGIC SUB & 136,556 136,556
WEAPONS SYSTEM
SUPPORT.
191 0101224N SSBN SECURITY 33,845 33,845
TECHNOLOGY
PROGRAM.
192 0101226N SUBMARINE 9,329 9,329
ACOUSTIC
WARFARE
DEVELOPMENT.
193 0101402N NAVY STRATEGIC 17,218 17,218
COMMUNICATIONS.
195 0204136N F/A-18 SQUADRONS 189,125 189,125
196 0204163N FLEET 48,225 48,225
TELECOMMUNICATI
ONS (TACTICAL).
197 0204228N SURFACE SUPPORT. 21,156 21,156
198 0204229N TOMAHAWK AND 71,355 71,355
TOMAHAWK
MISSION
PLANNING CENTER
(TMPC).
199 0204311N INTEGRATED 58,542 57,058
SURVEILLANCE
SYSTEM.
............... TASW [-1,484]
prototypes
excess
growth.
200 0204413N AMPHIBIOUS 13,929 13,929
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
201 0204460M GROUND/AIR TASK 83,538 83,538
ORIENTED RADAR
(G/ATOR).
202 0204571N CONSOLIDATED 38,593 38,593
TRAINING
SYSTEMS
DEVELOPMENT.
203 0204574N CRYPTOLOGIC 1,122 1,122
DIRECT SUPPORT.
204 0204575N ELECTRONIC 99,998 99,998
WARFARE (EW)
READINESS
SUPPORT.
205 0205601N HARM IMPROVEMENT 48,635 48,635
206 0205604N TACTICAL DATA 124,785 124,785
LINKS.
207 0205620N SURFACE ASW 24,583 24,583
COMBAT SYSTEM
INTEGRATION.
208 0205632N MK-48 ADCAP..... 39,134 39,134
209 0205633N AVIATION 120,861 120,861
IMPROVEMENTS.
210 0205675N OPERATIONAL 101,786 101,786
NUCLEAR POWER
SYSTEMS.
211 0206313M MARINE CORPS 82,159 82,159
COMMUNICATIONS
SYSTEMS.
212 0206335M COMMON AVIATION 11,850 11,850
COMMAND AND
CONTROL SYSTEM
(CAC2S).
213 0206623M MARINE CORPS 47,877 47,877
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
214 0206624M MARINE CORPS 13,194 13,194
COMBAT SERVICES
SUPPORT.
215 0206625M USMC 17,171 17,171
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
216 0206629M AMPHIBIOUS 38,020 38,020
ASSAULT VEHICLE.
217 0207161N TACTICAL AIM 56,285 56,285
MISSILES.
218 0207163N ADVANCED MEDIUM 40,350 40,350
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
219 0219902M GLOBAL COMBAT 9,128 9,128
SUPPORT SYSTEM--
MARINE CORPS
(GCSS-MC).
223 0303109N SATELLITE 37,372 37,372
COMMUNICATIONS
(SPACE).
224 0303138N CONSOLIDATED 23,541 23,541
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
225 0303140N INFORMATION 38,510 38,510
SYSTEMS
SECURITY
PROGRAM.
228 0305192N MILITARY 6,019 6,019
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
229 0305204N TACTICAL 8,436 8,436
UNMANNED AERIAL
VEHICLES.
230 0305205N UAS INTEGRATION 36,509 33,509
AND
INTEROPERABILIT
Y.
............... Prior year [-3,000]
carryover.
231 0305208M DISTRIBUTED 2,100 2,100
COMMON GROUND/
SURFACE SYSTEMS.
232 0305208N DISTRIBUTED 44,571 44,571
COMMON GROUND/
SURFACE SYSTEMS.
233 0305220N MQ-4C TRITON.... 111,729 111,729
234 0305231N MQ-8 UAV........ 26,518 26,518
235 0305232M RQ-11 UAV....... 418 418
236 0305233N RQ-7 UAV........ 716 716
237 0305234N SMALL (LEVEL 0) 5,071 5,071
TACTICAL UAS
(STUASL0).
238 0305239M RQ-21A.......... 9,497 9,497
239 0305241N MULTI- 77,965 77,965
INTELLIGENCE
SENSOR
DEVELOPMENT.
240 0305242M UNMANNED AERIAL 11,181 11,181
SYSTEMS (UAS)
PAYLOADS (MIP).
241 0305421N RQ-4 181,266 181,266
MODERNIZATION.
242 0308601N MODELING AND 4,709 4,709
SIMULATION
SUPPORT.
243 0702207N DEPOT 49,322 49,322
MAINTENANCE
(NON-IF).
245 0708730N MARITIME 3,204 3,204
TECHNOLOGY
(MARITECH).
245A 9999999999 CLASSIFIED 1,228,460 1,228,460
PROGRAMS.
............... SUBTOTAL 3,592,934 3,588,450
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 17,276,301 17,078,663
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH 340,812 340,812
SCIENCES.
002 0601103F UNIVERSITY 145,044 145,044
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 14,168 14,168
LASER RESEARCH
INITIATIVES.
............... SUBTOTAL 500,024 500,024
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602102F MATERIALS....... 126,152 131,152
............... Precision [5,000]
measuring
tools.
005 0602201F AEROSPACE 122,831 127,831
VEHICLE
TECHNOLOGIES.
............... Reusable [5,000]
Hypersonic
vehicle
structures
development.
006 0602202F HUMAN 111,647 111,647
EFFECTIVENESS
APPLIED
RESEARCH.
007 0602203F AEROSPACE 185,671 190,671
PROPULSION.
............... Program [5,000]
increase.
008 0602204F AEROSPACE 155,174 155,174
SENSORS.
009 0602601F SPACE TECHNOLOGY 117,915 117,915
010 0602602F CONVENTIONAL 109,649 109,649
MUNITIONS.
011 0602605F DIRECTED ENERGY 127,163 127,163
TECHNOLOGY.
012 0602788F DOMINANT 161,650 161,650
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 42,300 42,300
LASER RESEARCH.
............... SUBTOTAL 1,260,152 1,275,152
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 35,137 45,137
MATERIALS FOR
WEAPON SYSTEMS.
............... Metals [10,000]
Affordabilit
y Initiative.
015 0603199F SUSTAINMENT 20,636 20,636
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 40,945 40,945
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 130,950 130,950
TECHNOLOGY DEV/
DEMO.
018 0603216F AEROSPACE 94,594 99,594
PROPULSION AND
POWER
TECHNOLOGY.
............... Silicon [5,000]
Carbide for
aerospace
power
application.
019 0603270F ELECTRONIC 58,250 58,250
COMBAT
TECHNOLOGY.
020 0603401F ADVANCED 61,593 61,593
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 11,681 11,681
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 26,492 26,492
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
023 0603601F CONVENTIONAL 102,009 102,009
WEAPONS
TECHNOLOGY.
024 0603605F ADVANCED WEAPONS 39,064 39,064
TECHNOLOGY.
025 0603680F MANUFACTURING 46,344 46,344
TECHNOLOGY
PROGRAM.
026 0603788F BATTLESPACE 58,110 58,110
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
............... SUBTOTAL 725,805 740,805
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
027 0603260F INTELLIGENCE 5,598 5,598
ADVANCED
DEVELOPMENT.
028 0603438F SPACE CONTROL 7,534 7,534
TECHNOLOGY.
029 0603742F COMBAT 24,418 24,418
IDENTIFICATION
TECHNOLOGY.
030 0603790F NATO RESEARCH 4,333 4,333
AND DEVELOPMENT.
032 0603830F SPACE SECURITY 32,399 32,399
AND DEFENSE
PROGRAM.
033 0603851F INTERCONTINENTAL 108,663 108,663
BALLISTIC
MISSILE--DEM/
VAL.
035 0604015F LONG RANGE 1,358,309 1,358,309
STRIKE--BOMBER.
036 0604257F ADVANCED 34,818 34,818
TECHNOLOGY AND
SENSORS.
037 0604317F TECHNOLOGY 3,368 3,368
TRANSFER.
038 0604327F HARD AND DEEPLY 74,308 74,308
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
039 0604422F WEATHER SYSTEM 118,953 113,953
FOLLOW-ON.
............... Transfer [-5,000]
Cloud
Characteriza
tion and
Theater
Weather
Imagery to
NRO.
040 0604425F SPACE SITUATION 9,901 9,901
AWARENESS
SYSTEMS.
041 0604776F DEPLOYMENT & 25,890 25,890
DISTRIBUTION
ENTERPRISE R&D.
042 0604857F OPERATIONALLY 7,921 18,421
RESPONSIVE
SPACE.
............... Program [10,500]
increase.
043 0604858F TECH TRANSITION 347,304 347,304
PROGRAM.
044 0605230F GROUND BASED 113,919 113,919
STRATEGIC
DETERRENT.
046 0207110F NEXT GENERATION 20,595 20,595
AIR DOMINANCE.
047 0207455F THREE 49,491 49,491
DIMENSIONAL
LONG-RANGE
RADAR (3DELRR).
048 0305164F NAVSTAR GLOBAL 278,147 278,147
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
049 0305236F COMMON DATA LINK 42,338 42,338
EXECUTIVE AGENT
(CDL EA).
050 0306250F CYBER OPERATIONS 158,002 158,002
TECHNOLOGY
DEVELOPMENT.
051 0306415F ENABLED CYBER 15,842 15,842
ACTIVITIES.
052 0901410F CONTRACTING 5,782 5,782
INFORMATION
TECHNOLOGY
SYSTEM.
............... SUBTOTAL 2,847,833 2,853,333
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
054 0604270F ELECTRONIC 12,476 9,176
WARFARE
DEVELOPMENT.
............... Improved GPS [-3,300]
055 0604281F TACTICAL DATA 82,380 82,380
NETWORKS
ENTERPRISE.
056 0604287F PHYSICAL 8,458 8,458
SECURITY
EQUIPMENT.
057 0604329F SMALL DIAMETER 54,838 47,038
BOMB (SDB)--EMD.
............... Improved GPS [-7,800]
058 0604421F COUNTERSPACE 34,394 34,394
SYSTEMS.
059 0604425F SPACE SITUATION 23,945 23,945
AWARENESS
SYSTEMS.
060 0604426F SPACE FENCE..... 168,364 168,364
061 0604429F AIRBORNE 9,187 9,187
ELECTRONIC
ATTACK.
062 0604441F SPACE BASED 181,966 181,966
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
063 0604602F ARMAMENT/ 20,312 20,312
ORDNANCE
DEVELOPMENT.
064 0604604F SUBMUNITIONS.... 2,503 2,503
065 0604617F AGILE COMBAT 53,680 53,680
SUPPORT.
066 0604618F JOINT DIRECT 9,901 9,901
ATTACK MUNITION.
067 0604706F LIFE SUPPORT 7,520 7,520
SYSTEMS.
068 0604735F COMBAT TRAINING 77,409 77,409
RANGES.
069 0604800F F-35--EMD....... 450,467 450,467
070 0604853F EVOLVED 296,572 160,000
EXPENDABLE
LAUNCH VEHICLE
PROGRAM
(SPACE)--EMD.
............... Launch [160,000]
System
Development.
............... Next [-296,572]
Generation
Launch
System
Investment.
070A 0604XXXF ROCKET 220,000
PROPULSION
SYSTEM.
............... Rocket [220,000]
Propulsion
System
Replacement
of RD-180.
071 0604932F LONG RANGE 95,604 95,604
STANDOFF WEAPON.
072 0604933F ICBM FUZE 189,751 189,751
MODERNIZATION.
073 0605030F JOINT TACTICAL 1,131 1,131
NETWORK CENTER
(JTNC).
074 0605213F F-22 70,290 70,290
MODERNIZATION
INCREMENT 3.2B.
075 0605214F GROUND ATTACK 937 937
WEAPONS FUZE
DEVELOPMENT.
076 0605221F KC-46........... 261,724 121,724
............... Scope [-140,000]
Reduction.
077 0605223F ADVANCED PILOT 12,377 7,377
TRAINING.
............... Early to [-5,000]
need.
078 0605229F CSAR HH-60 319,331 304,331
RECAPITALIZATIO
N.
............... Forward [-15,000]
financing.
080 0605431F ADVANCED EHF 259,131 229,131
MILSATCOM
(SPACE).
............... Delayed [-30,000]
analysis of
alternatives.
081 0605432F POLAR MILSATCOM 50,815 50,815
(SPACE).
082 0605433F WIDEBAND GLOBAL 41,632 51,632
SATCOM (SPACE).
............... COMSATCOM [10,000]
pilot
program.
083 0605458F AIR & SPACE OPS 28,911 28,911
CENTER 10.2
RDT&E.
084 0605931F B-2 DEFENSIVE 315,615 288,915
MANAGEMENT
SYSTEM.
............... Scope [-26,700]
Reduction.
085 0101125F NUCLEAR WEAPONS 137,909 137,909
MODERNIZATION.
086 0207171F F-15 EPAWSS..... 256,669 256,669
087 0207701F FULL COMBAT 12,051 12,051
MISSION
TRAINING.
088 0305176F COMBAT SURVIVOR 29,253 29,253
EVADER LOCATOR.
089 0307581F JSTARS RECAP.... 128,019 128,019
090 0401319F PRESIDENTIAL 351,220 351,220
AIRCRAFT
REPLACEMENT
(PAR).
091 0701212F AUTOMATED TEST 19,062 19,062
SYSTEMS.
............... SUBTOTAL 4,075,804 3,941,432
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
092 0604256F THREAT SIMULATOR 21,630 21,630
DEVELOPMENT.
093 0604759F MAJOR T&E 66,385 66,385
INVESTMENT.
094 0605101F RAND PROJECT AIR 34,641 34,641
FORCE.
096 0605712F INITIAL 11,529 11,529
OPERATIONAL
TEST &
EVALUATION.
097 0605807F TEST AND 661,417 661,417
EVALUATION
SUPPORT.
098 0605860F ROCKET SYSTEMS 11,198 11,198
LAUNCH PROGRAM
(SPACE).
099 0605864F SPACE TEST 27,070 27,070
PROGRAM (STP).
100 0605976F FACILITIES 134,111 134,111
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
101 0605978F FACILITIES 28,091 28,091
SUSTAINMENT--TE
ST AND
EVALUATION
SUPPORT.
102 0606017F REQUIREMENTS 29,100 29,100
ANALYSIS AND
MATURATION.
103 0606116F SPACE TEST AND 18,528 18,528
TRAINING RANGE
DEVELOPMENT.
104 0606392F SPACE AND 176,666 176,666
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
105 0308602F ENTEPRISE 4,410 4,410
INFORMATION
SERVICES (EIS).
106 0702806F ACQUISITION AND 14,613 14,613
MANAGEMENT
SUPPORT.
107 0804731F GENERAL SKILL 1,404 1,404
TRAINING.
109 1001004F INTERNATIONAL 4,784 4,784
ACTIVITIES.
............... SUBTOTAL 1,245,577 1,245,577
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
110 0603423F GLOBAL 393,268 393,268
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT.
111 0604233F SPECIALIZED 15,427 15,427
UNDERGRADUATE
FLIGHT TRAINING.
112 0604445F WIDE AREA 46,695 46,695
SURVEILLANCE.
115 0605018F AF INTEGRATED 10,368 10,368
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
116 0605024F ANTI-TAMPER 31,952 31,952
TECHNOLOGY
EXECUTIVE
AGENCY.
117 0605117F FOREIGN MATERIEL 42,960 42,960
ACQUISITION AND
EXPLOITATION.
118 0605278F HC/MC-130 RECAP 13,987 13,987
RDT&E.
119 0101113F B-52 SQUADRONS.. 78,267 78,267
120 0101122F AIR-LAUNCHED 453 453
CRUISE MISSILE
(ALCM).
121 0101126F B-1B SQUADRONS.. 5,830 5,830
122 0101127F B-2 SQUADRONS... 152,458 152,458
123 0101213F MINUTEMAN 182,958 182,958
SQUADRONS.
124 0101313F STRAT WAR 39,148 39,148
PLANNING
SYSTEM--USSTRAT
COM.
126 0101316F WORLDWIDE JOINT 6,042 6,042
STRATEGIC
COMMUNICATIONS.
128 0102110F UH-1N 14,116 14,116
REPLACEMENT
PROGRAM.
129 0102326F REGION/SECTOR 10,868 10,868
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
130 0105921F SERVICE SUPPORT 8,674 8,674
TO STRATCOM--
SPACE
ACTIVITIES.
131 0205219F MQ-9 UAV........ 151,373 161,373
............... Auto take- [10,000]
off and
landing
capability.
133 0207131F A-10 SQUADRONS.. 14,853 14,853
134 0207133F F-16 SQUADRONS.. 132,795 132,795
135 0207134F F-15E SQUADRONS. 356,717 356,717
136 0207136F MANNED 14,773 14,773
DESTRUCTIVE
SUPPRESSION.
137 0207138F F-22A SQUADRONS. 387,564 379,464
............... Improved GPS [-8,100]
138 0207142F F-35 SQUADRONS.. 153,045 147,545
............... Follow-on [-5,500]
development-
-excess
funds.
139 0207161F TACTICAL AIM 52,898 52,898
MISSILES.
140 0207163F ADVANCED MEDIUM 62,470 62,470
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
143 0207227F COMBAT RESCUE-- 362 362
PARARESCUE.
144 0207247F AF TENCAP....... 28,413 28,413
145 0207249F PRECISION ATTACK 649 649
SYSTEMS
PROCUREMENT.
146 0207253F COMPASS CALL.... 13,723 50,823
............... Compass Call [37,100]
Program
Restructure.
147 0207268F AIRCRAFT ENGINE 109,859 109,859
COMPONENT
IMPROVEMENT
PROGRAM.
148 0207325F JOINT AIR-TO- 30,002 30,002
SURFACE
STANDOFF
MISSILE (JASSM).
149 0207410F AIR & SPACE 37,621 25,343
OPERATIONS
CENTER (AOC).
............... Weapon [-12,278]
system
modification.
150 0207412F CONTROL AND 13,292 13,292
REPORTING
CENTER (CRC).
151 0207417F AIRBORNE WARNING 86,644 86,644
AND CONTROL
SYSTEM (AWACS).
152 0207418F TACTICAL 2,442 2,442
AIRBORNE
CONTROL SYSTEMS.
154 0207431F COMBAT AIR 10,911 15,911
INTELLIGENCE
SYSTEM
ACTIVITIES.
............... Geospatial [5,000]
software
development.
155 0207444F TACTICAL AIR 11,843 11,843
CONTROL PARTY-
MOD.
156 0207448F C2ISR TACTICAL 1,515 1,515
DATA LINK.
157 0207452F DCAPES.......... 14,979 14,979
158 0207590F SEEK EAGLE...... 25,308 25,308
159 0207601F USAF MODELING 16,666 16,666
AND SIMULATION.
160 0207605F WARGAMING AND 4,245 4,245
SIMULATION
CENTERS.
161 0207697F DISTRIBUTED 3,886 3,886
TRAINING AND
EXERCISES.
162 0208006F MISSION PLANNING 71,785 71,785
SYSTEMS.
164 0208087F AF OFFENSIVE 25,025 25,025
CYBERSPACE
OPERATIONS.
165 0208088F AF DEFENSIVE 29,439 29,439
CYBERSPACE
OPERATIONS.
168 0301017F GLOBAL SENSOR 3,470 3,470
INTEGRATED ON
NETWORK (GSIN).
169 0301112F NUCLEAR PLANNING 4,060 4,060
AND EXECUTION
SYSTEM (NPES).
175 0301400F SPACE 13,880 13,880
SUPERIORITY
INTELLIGENCE.
176 0302015F E-4B NATIONAL 30,948 30,948
AIRBORNE
OPERATIONS
CENTER (NAOC).
177 0303001F FAMILY OF 42,378 42,378
ADVANCED BLOS
TERMINALS (FAB-
T).
178 0303131F MINIMUM 47,471 47,471
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
179 0303140F INFORMATION 46,388 46,388
SYSTEMS
SECURITY
PROGRAM.
180 0303141F GLOBAL COMBAT 52 52
SUPPORT SYSTEM.
181 0303142F GLOBAL FORCE 2,099 2,099
MANAGEMENT--DAT
A INITIATIVE.
184 0304260F AIRBORNE SIGINT 90,762 90,762
ENTERPRISE.
187 0305099F GLOBAL AIR 4,354 4,354
TRAFFIC
MANAGEMENT
(GATM).
188 0305110F SATELLITE 15,624 15,624
CONTROL NETWORK
(SPACE).
189 0305111F WEATHER SERVICE. 19,974 22,974
............... Commercial [3,000]
Weather
Pilot
Program.
190 0305114F AIR TRAFFIC 9,770 9,770
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
191 0305116F AERIAL TARGETS.. 3,051 3,051
194 0305128F SECURITY AND 405 405
INVESTIGATIVE
ACTIVITIES.
195 0305145F ARMS CONTROL 4,844 4,844
IMPLEMENTATION.
196 0305146F DEFENSE JOINT 339 339
COUNTERINTELLIG
ENCE ACTIVITIES.
199 0305173F SPACE AND 3,989 3,989
MISSILE TEST
AND EVALUATION
CENTER.
200 0305174F SPACE 3,070 3,070
INNOVATION,
INTEGRATION AND
RAPID
TECHNOLOGY
DEVELOPMENT.
201 0305179F INTEGRATED 8,833 8,833
BROADCAST
SERVICE (IBS).
202 0305182F SPACELIFT RANGE 11,867 11,867
SYSTEM (SPACE).
203 0305202F DRAGON U-2...... 37,217 37,217
205 0305206F AIRBORNE 3,841 18,841
RECONNAISSANCE
SYSTEMS.
............... Wide area [15,000]
motion
imagery.
206 0305207F MANNED 20,975 20,975
RECONNAISSANCE
SYSTEMS.
207 0305208F DISTRIBUTED 18,902 18,902
COMMON GROUND/
SURFACE SYSTEMS.
208 0305220F RQ-4 UAV........ 256,307 256,307
209 0305221F NETWORK-CENTRIC 22,610 22,610
COLLABORATIVE
TARGETING.
211 0305238F NATO AGS........ 38,904 38,904
212 0305240F SUPPORT TO DCGS 23,084 23,084
ENTERPRISE.
213 0305258F ADVANCED 116,143 116,143
EVALUATION
PROGRAM.
214 0305265F GPS III SPACE 141,888 141,888
SEGMENT.
215 0305600F INTERNATIONAL 2,360 2,360
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
216 0305614F JSPOC MISSION 72,889 72,889
SYSTEM.
217 0305881F RAPID CYBER 4,280 4,280
ACQUISITION.
218 0305906F NCMC--TW/AA 4,951 4,951
SYSTEM.
219 0305913F NUDET DETECTION 21,093 21,093
SYSTEM (SPACE).
220 0305940F SPACE SITUATION 35,002 35,002
AWARENESS
OPERATIONS.
222 0308699F SHARED EARLY 6,366 6,366
WARNING (SEW).
223 0401115F C-130 AIRLIFT 15,599 15,599
SQUADRON.
224 0401119F C-5 AIRLIFT 66,146 66,146
SQUADRONS (IF).
225 0401130F C-17 AIRCRAFT 12,430 12,430
(IF).
226 0401132F C-130J PROGRAM.. 16,776 16,776
227 0401134F LARGE AIRCRAFT 5,166 5,166
IR
COUNTERMEASURES
(LAIRCM).
229 0401314F OPERATIONAL 13,817 13,817
SUPPORT AIRLIFT.
230 0401318F CV-22........... 16,702 16,702
231 0408011F SPECIAL TACTICS / 7,164 7,164
COMBAT CONTROL.
232 0702207F DEPOT 1,518 1,518
MAINTENANCE
(NON-IF).
233 0708610F LOGISTICS 61,676 61,676
INFORMATION
TECHNOLOGY
(LOGIT).
234 0708611F SUPPORT SYSTEMS 9,128 9,128
DEVELOPMENT.
235 0804743F OTHER FLIGHT 1,653 1,653
TRAINING.
236 0808716F OTHER PERSONNEL 57 57
ACTIVITIES.
237 0901202F JOINT PERSONNEL 3,663 3,663
RECOVERY AGENCY.
238 0901218F CIVILIAN 3,735 3,735
COMPENSATION
PROGRAM.
239 0901220F PERSONNEL 5,157 5,157
ADMINISTRATION.
240 0901226F AIR FORCE 1,523 1,523
STUDIES AND
ANALYSIS AGENCY.
242 0901538F FINANCIAL 10,581 10,581
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
242A 9999999999 CLASSIFIED 13,091,557 13,091,557
PROGRAMS.
............... SUBTOTAL 17,457,056 17,501,278
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 28,112,251 28,057,601
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... BASIC RESEARCH
001 0601000BR DTRA BASIC 35,436 35,436
RESEARCH
INITIATIVE.
002 0601101E DEFENSE RESEARCH 362,297 362,297
SCIENCES.
003 0601110D8Z BASIC RESEARCH 36,654 36,654
INITIATIVES.
004 0601117E BASIC 57,791 57,791
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE 69,345 79,345
EDUCATION
PROGRAM.
............... K-12 STEM [10,000]
program
increase.
006 0601228D8Z HISTORICALLY 23,572 33,572
BLACK COLLEGES
AND
UNIVERSITIES/
MINORITY
INSTITUTIONS.
............... Program [10,000]
increase.
007 0601384BP CHEMICAL AND 44,800 44,800
BIOLOGICAL
DEFENSE PROGRAM.
............... SUBTOTAL 629,895 649,895
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS 17,745 17,745
TECHNOLOGY.
009 0602115E BIOMEDICAL 115,213 115,213
TECHNOLOGY.
010 0602230D8Z DEFENSE 30,000 0
TECHNOLOGY
INNOVATION.
............... Program [-30,000]
decrease.
011 0602234D8Z LINCOLN 48,269 48,269
LABORATORY
RESEARCH
PROGRAM.
012 0602251D8Z APPLIED RESEARCH 42,206 42,206
FOR THE
ADVANCEMENT OF
S&T PRIORITIES.
013 0602303E INFORMATION & 353,635 353,635
COMMUNICATIONS
TECHNOLOGY.
014 0602383E BIOLOGICAL 21,250 21,250
WARFARE DEFENSE.
015 0602384BP CHEMICAL AND 188,715 188,715
BIOLOGICAL
DEFENSE PROGRAM.
016 0602668D8Z CYBER SECURITY 12,183 12,183
RESEARCH.
017 0602702E TACTICAL 313,843 313,843
TECHNOLOGY.
018 0602715E MATERIALS AND 220,456 214,456
BIOLOGICAL
TECHNOLOGY.
............... Program [-6,000]
reduction.
019 0602716E ELECTRONICS 221,911 221,911
TECHNOLOGY.
020 0602718BR WEAPONS OF MASS 154,857 154,857
DESTRUCTION
DEFEAT
TECHNOLOGIES.
021 0602751D8Z SOFTWARE 8,420 8,420
ENGINEERING
INSTITUTE (SEI)
APPLIED
RESEARCH.
022 1160401BB SOF TECHNOLOGY 37,820 37,820
DEVELOPMENT.
............... SUBTOTAL 1,786,523 1,750,523
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS 23,902 23,902
ADVANCED
TECHNOLOGY.
025 0603122D8Z COMBATING 73,002 73,002
TERRORISM
TECHNOLOGY
SUPPORT.
026 0603133D8Z FOREIGN 19,343 29,343
COMPARATIVE
TESTING.
............... Anti-tunnel [10,000]
defense
systems.
027 0603160BR COUNTERPROLIFERA 266,444 266,444
TION
INITIATIVES--PR
OLIFERATION
PREVENTION AND
DEFEAT.
028 0603176C ADVANCED 17,880 17,880
CONCEPTS AND
PERFORMANCE
ASSESSMENT.
030 0603178C WEAPONS 71,843 71,843
TECHNOLOGY.
031 0603179C ADVANCED C4ISR.. 3,626 3,626
032 0603180C ADVANCED 23,433 23,433
RESEARCH.
033 0603225D8Z JOINT DOD-DOE 17,256 17,256
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
035 0603274C SPECIAL PROGRAM-- 83,745 11,795
MDA TECHNOLOGY.
............... Program [-71,950]
reduction.
036 0603286E ADVANCED 182,327 182,327
AEROSPACE
SYSTEMS.
037 0603287E SPACE PROGRAMS 175,240 165,240
AND TECHNOLOGY.
............... Program [-10,000]
reduction.
038 0603288D8Z ANALYTIC 12,048 12,048
ASSESSMENTS.
039 0603289D8Z ADVANCED 57,020 57,020
INNOVATIVE
ANALYSIS AND
CONCEPTS.
041 0603375D8Z TECHNOLOGY 39,923 19,923
INNOVATION.
............... Program [-20,000]
decrease.
042 0603384BP CHEMICAL AND 127,941 127,941
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH... 181,977 181,977
044 0603618D8Z JOINT ELECTRONIC 22,030 22,030
ADVANCED
TECHNOLOGY.
045 0603648D8Z JOINT CAPABILITY 148,184 132,184
TECHNOLOGY
DEMONSTRATIONS.
............... Program [-16,000]
decrease.
046 0603662D8Z NETWORKED 9,331 9,331
COMMUNICATIONS
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE 158,398 158,398
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
048 0603680S MANUFACTURING 31,259 31,259
TECHNOLOGY
PROGRAM.
049 0603699D8Z EMERGING 49,895 49,895
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
050 0603712S GENERIC 11,011 11,011
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
052 0603716D8Z STRATEGIC 65,078 65,078
ENVIRONMENTAL
RESEARCH
PROGRAM.
053 0603720S MICROELECTRONICS 97,826 97,826
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
054 0603727D8Z JOINT 7,848 5,348
WARFIGHTING
PROGRAM.
............... Prior year [-2,500]
carryover.
055 0603739E ADVANCED 49,807 49,807
ELECTRONICS
TECHNOLOGIES.
056 0603760E COMMAND, CONTROL 155,081 155,081
AND
COMMUNICATIONS
SYSTEMS.
057 0603766E NETWORK-CENTRIC 428,894 428,894
WARFARE
TECHNOLOGY.
058 0603767E SENSOR 241,288 241,288
TECHNOLOGY.
060 0603781D8Z SOFTWARE 14,264 14,264
ENGINEERING
INSTITUTE.
061 0603826D8Z QUICK REACTION 74,943 72,943
SPECIAL
PROJECTS.
............... QRSP........ [-2,000]
063 0603833D8Z ENGINEERING 17,659 17,659
SCIENCE &
TECHNOLOGY.
064 0603941D8Z TEST & 87,135 87,135
EVALUATION
SCIENCE &
TECHNOLOGY.
065 0604055D8Z OPERATIONAL 37,329 41,329
ENERGY
CAPABILITY
IMPROVEMENT.
............... Competitive [4,000]
technology
investment.
066 0303310D8Z CWMD SYSTEMS.... 44,836 21,236
............... Constellatio [-23,600]
n program
reduction.
067 1160402BB SOF ADVANCED 61,620 61,620
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 3,190,666 3,058,616
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
068 0603161D8Z NUCLEAR AND 28,498 28,498
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
069 0603600D8Z WALKOFF......... 89,643 89,643
071 0603821D8Z ACQUISITION 2,136 2,136
ENTERPRISE DATA
& INFORMATION
SERVICES.
072 0603851D8Z ENVIRONMENTAL 52,491 52,491
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
073 0603881C BALLISTIC 206,834 206,834
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
074 0603882C BALLISTIC 862,080 862,080
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
075 0603884BP CHEMICAL AND 138,187 138,187
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
076 0603884C BALLISTIC 230,077 230,077
MISSILE DEFENSE
SENSORS.
077 0603890C BMD ENABLING 401,594 401,594
PROGRAMS.
078 0603891C SPECIAL 321,607 304,707
PROGRAMS--MDA.
............... Program [-16,900]
reduction.
079 0603892C AEGIS BMD....... 959,066 939,066
............... SM-3 IIA [-20,000]
development
excess
growth.
080 0603893C SPACE TRACKING & 32,129 32,129
SURVEILLANCE
SYSTEM.
081 0603895C BALLISTIC 20,690 20,690
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
082 0603896C BALLISTIC 439,617 443,517
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT AND
COMMUNICATI.
............... Post [3,900]
Intercept
Assessment
Acceleration.
083 0603898C BALLISTIC 47,776 47,776
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
084 0603904C MISSILE DEFENSE 54,750 54,750
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
085 0603906C REGARDING TRENCH 8,785 8,785
086 0603907C SEA BASED X-BAND 68,787 68,787
RADAR (SBX).
087 0603913C ISRAELI 103,835 268,735
COOPERATIVE
PROGRAMS.
............... Increase for [164,900]
Cooperative
Development
Programs
subject to
Title XVI.
088 0603914C BALLISTIC 293,441 293,441
MISSILE DEFENSE
TEST.
089 0603915C BALLISTIC 563,576 563,576
MISSILE DEFENSE
TARGETS.
090 0603920D8Z HUMANITARIAN 10,007 10,007
DEMINING.
091 0603923D8Z COALITION 10,126 10,126
WARFARE.
092 0604016D8Z DEPARTMENT OF 3,893 8,893
DEFENSE
CORROSION
PROGRAM.
............... Corrosion [5,000]
prevention.
093 0604115C TECHNOLOGY 90,266 90,266
MATURATION
INITIATIVES.
094 0604132D8Z MISSILE DEFEAT 45,000 45,000
PROJECT.
095 0604250D8Z ADVANCED 844,870 829,870
INNOVATIVE
TECHNOLOGIES.
............... SCO......... [-15,000]
097 0604400D8Z DEPARTMENT OF 3,320 3,320
DEFENSE (DOD)
UNMANNED SYSTEM
COMMON
DEVELOPMENT.
099 0604682D8Z WARGAMING AND 4,000 4,000
SUPPORT FOR
STRATEGIC
ANALYSIS (SSA).
102 0604826J JOINT C5 23,642 23,642
CAPABILITY
DEVELOPMENT,
INTEGRATION AND
INTEROPERABILIT
Y ASSESSMENTS.
104 0604873C LONG RANGE 162,012 162,012
DISCRIMINATION
RADAR (LRDR).
105 0604874C IMPROVED 274,148 274,148
HOMELAND
DEFENSE
INTERCEPTORS.
106 0604876C BALLISTIC 63,444 63,444
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT
TEST.
107 0604878C AEGIS BMD TEST.. 95,012 95,012
108 0604879C BALLISTIC 83,250 83,250
MISSILE DEFENSE
SENSOR TEST.
109 0604880C LAND-BASED SM-3 43,293 43,293
(LBSM3).
110 0604881C AEGIS SM-3 BLOCK 106,038 106,038
IIA CO-
DEVELOPMENT.
111 0604887C BALLISTIC 56,481 56,481
MISSILE DEFENSE
MIDCOURSE
SEGMENT TEST.
112 0604894C MULTI-OBJECT 71,513 71,513
KILL VEHICLE.
114 0303191D8Z JOINT 2,636 2,636
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
115 0305103C CYBER SECURITY 969 969
INITIATIVE.
............... SUBTOTAL 6,919,519 7,041,419
ADVANCED
COMPONENT
DEVELOPMENT
AND
PROTOTYPES.
115A 0604XXXD WEATHER SYSTEM 5,000
FOLLOW-ON.
............... Transfer [5,000]
Cloud
Characteriza
tion and
Theater
Weather
Imagery from
USAF.
............... SUBTOTAL 0 5,000
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT AND
DEMONSTRATION
116 0604161D8Z NUCLEAR AND 10,324 10,324
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
SDD.
117 0604165D8Z PROMPT GLOBAL 181,303 181,303
STRIKE
CAPABILITY
DEVELOPMENT.
118 0604384BP CHEMICAL AND 266,231 266,231
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
120 0604771D8Z JOINT TACTICAL 16,288 16,288
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
121 0605000BR WEAPONS OF MASS 4,568 4,568
DESTRUCTION
DEFEAT
CAPABILITIES.
122 0605013BL INFORMATION 11,505 11,505
TECHNOLOGY
DEVELOPMENT.
123 0605021SE HOMELAND 1,658 1,658
PERSONNEL
SECURITY
INITIATIVE.
124 0605022D8Z DEFENSE 2,920 2,920
EXPORTABILITY
PROGRAM.
126 0605070S DOD ENTERPRISE 12,631 12,631
SYSTEMS
DEVELOPMENT AND
DEMONSTRATION.
128 0605080S DEFENSE AGENCY 26,657 26,657
INTIATIVES
(DAI)--FINANCIA
L SYSTEM.
129 0605090S DEFENSE RETIRED 4,949 4,949
AND ANNUITANT
PAY SYSTEM
(DRAS).
130 0605140D8Z TRUSTED FOUNDRY. 69,000 69,000
131 0605210D8Z DEFENSE-WIDE 9,881 9,881
ELECTRONIC
PROCUREMENT
CAPABILITIES.
132 0303141K GLOBAL COMBAT 7,600 7,600
SUPPORT SYSTEM.
133 0305304D8Z DOD ENTERPRISE 2,703 2,703
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
............... SUBTOTAL 628,218 628,218
SYSTEM
DEVELOPMENT
AND
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
134 0604774D8Z DEFENSE 4,678 4,678
READINESS
REPORTING
SYSTEM (DRRS).
135 0604875D8Z JOINT SYSTEMS 4,499 4,499
ARCHITECTURE
DEVELOPMENT.
136 0604940D8Z CENTRAL TEST AND 219,199 219,199
EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
137 0604942D8Z ASSESSMENTS AND 28,706 28,706
EVALUATIONS.
138 0605001E MISSION SUPPORT. 69,244 69,244
139 0605100D8Z JOINT MISSION 87,080 67,080
ENVIRONMENT
TEST CAPABILITY
(JMETC).
............... Prior year [-20,000]
carryover
and minimize
growth.
140 0605104D8Z TECHNICAL 23,069 23,069
STUDIES,
SUPPORT AND
ANALYSIS.
142 0605126J JOINT INTEGRATED 32,759 32,759
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
144 0605142D8Z SYSTEMS 32,429 32,429
ENGINEERING.
145 0605151D8Z STUDIES AND 3,797 3,797
ANALYSIS
SUPPORT--OSD.
146 0605161D8Z NUCLEAR MATTERS- 5,302 5,302
PHYSICAL
SECURITY.
147 0605170D8Z SUPPORT TO 7,246 7,246
NETWORKS AND
INFORMATION
INTEGRATION.
148 0605200D8Z GENERAL SUPPORT 1,874 1,874
TO USD
(INTELLIGENCE).
149 0605384BP CHEMICAL AND 85,754 85,754
BIOLOGICAL
DEFENSE PROGRAM.
158 0605790D8Z SMALL BUSINESS 2,187 2,187
INNOVATION
RESEARCH (SBIR)/
SMALL BUSINESS
TECHNOLOGY
TRANSFER.
159 0605798D8Z DEFENSE 22,650 22,650
TECHNOLOGY
ANALYSIS.
160 0605801KA DEFENSE 43,834 43,834
TECHNICAL
INFORMATION
CENTER (DTIC).
161 0605803SE R&D IN SUPPORT 22,240 22,240
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
162 0605804D8Z DEVELOPMENT TEST 19,541 23,541
AND EVALUATION.
............... Program [4,000]
increase.
163 0605898E MANAGEMENT HQ-- 4,759 4,759
R&D.
164 0605998KA MANAGEMENT HQ-- 4,400 4,400
DEFENSE
TECHNICAL
INFORMATION
CENTER (DTIC).
165 0606100D8Z BUDGET AND 4,014 4,014
PROGRAM
ASSESSMENTS.
166 0203345D8Z DEFENSE 2,072 2,072
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
167 0204571J JOINT STAFF 7,464 7,464
ANALYTICAL
SUPPORT.
170 0303166J SUPPORT TO 857 857
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
171 0303260D8Z DEFENSE MILITARY 916 916
DECEPTION
PROGRAM OFFICE
(DMDPO).
172 0305172K COMBINED 15,336 15,336
ADVANCED
APPLICATIONS.
173 0305193D8Z CYBER 18,523 13,523
INTELLIGENCE.
............... Program [-5,000]
decrease.
175 0804767D8Z COCOM EXERCISE 34,384 34,384
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2)--MHA.
176 0901598C MANAGEMENT HQ-- 31,160 31,160
MDA.
179 0903235D8W JOINT SERVICE 827 827
PROVIDER (JSP).
180A 9999999999 CLASSIFIED 56,799 56,799
PROGRAMS.
............... SUBTOTAL 897,599 876,599
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEM
DEVELOPMENT
181 0604130V ENTERPRISE 4,241 4,241
SECURITY SYSTEM
(ESS).
182 0605127T REGIONAL 1,424 1,424
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION
MANA.
183 0605147T OVERSEAS 287 287
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM (OHASIS).
184 0607210D8Z INDUSTRIAL BASE 16,195 16,195
ANALYSIS AND
SUSTAINMENT
SUPPORT.
185 0607310D8Z CWMD SYSTEMS: 4,194 4,194
OPERATIONAL
SYSTEMS
DEVELOPMENT.
186 0607327T GLOBAL THEATER 7,861 7,861
SECURITY
COOPERATION
MANAGEMENT
INFORMATION
SYSTEMS (G-
TSCMIS).
187 0607384BP CHEMICAL AND 33,361 33,361
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
189 0208043J PLANNING AND 3,038 3,038
DECISION AID
SYSTEM (PDAS).
190 0208045K C4I 57,501 57,501
INTEROPERABILIT
Y.
192 0301144K JOINT/ALLIED 5,935 5,935
COALITION
INFORMATION
SHARING.
196 0302016K NATIONAL 575 575
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
197 0302019K DEFENSE INFO 18,041 18,041
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
198 0303126K LONG-HAUL 13,994 13,994
COMMUNICATIONS-
-DCS.
199 0303131K MINIMUM 12,206 12,206
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
200 0303135G PUBLIC KEY 34,314 34,314
INFRASTRUCTURE
(PKI).
201 0303136G KEY MANAGEMENT 36,602 36,602
INFRASTRUCTURE
(KMI).
202 0303140D8Z INFORMATION 8,876 8,876
SYSTEMS
SECURITY
PROGRAM.
203 0303140G INFORMATION 159,068 161,068
SYSTEMS
SECURITY
PROGRAM.
............... SHARKSEER [2,000]
Program
Increase.
204 0303150K GLOBAL COMMAND 24,438 24,438
AND CONTROL
SYSTEM.
205 0303153K DEFENSE SPECTRUM 13,197 13,197
ORGANIZATION.
207 0303228K JOINT 2,789 2,789
INFORMATION
ENVIRONMENT
(JIE).
209 0303430K FEDERAL 75,000 75,000
INVESTIGATIVE
SERVICES
INFORMATION
TECHNOLOGY.
210 0303610K TELEPORT PROGRAM 657 657
215 0305103K CYBER SECURITY 1,553 1,553
INITIATIVE.
220 0305186D8Z POLICY R&D 6,204 4,204
PROGRAMS.
............... Program [-2,000]
decrease.
221 0305199D8Z NET CENTRICITY.. 17,971 17,971
223 0305208BB DISTRIBUTED 5,415 5,415
COMMON GROUND/
SURFACE SYSTEMS.
226 0305208K DISTRIBUTED 3,030 3,030
COMMON GROUND/
SURFACE SYSTEMS.
229 0305327V INSIDER THREAT.. 5,034 5,034
230 0305387D8Z HOMELAND DEFENSE 2,037 2,037
TECHNOLOGY
TRANSFER
PROGRAM.
236 0307577D8Z INTELLIGENCE 13,800 13,800
MISSION DATA
(IMD).
238 0708012S PACIFIC DISASTER 1,754 1,754
CENTERS.
239 0708047S DEFENSE PROPERTY 2,154 2,154
ACCOUNTABILITY
SYSTEM.
240 0902298J MANAGEMENT HQ-- 826 826
OJCS.
241 1105219BB MQ-9 UAV........ 17,804 17,804
244 1160403BB AVIATION SYSTEMS 159,143 159,143
245 1160405BB INTELLIGENCE 7,958 7,958
SYSTEMS
DEVELOPMENT.
246 1160408BB OPERATIONAL 64,895 64,895
ENHANCEMENTS.
247 1160431BB WARRIOR SYSTEMS. 44,885 44,885
248 1160432BB SPECIAL PROGRAMS 1,949 1,949
249 1160434BB UNMANNED ISR.... 22,117 22,117
250 1160480BB SOF TACTICAL 3,316 3,316
VEHICLES.
251 1160483BB MARITIME SYSTEMS 54,577 54,577
252 1160489BB GLOBAL VIDEO 3,841 3,841
SURVEILLANCE
ACTIVITIES.
253 1160490BB OPERATIONAL 11,834 11,834
ENHANCEMENTS
INTELLIGENCE.
253A 9999999999 CLASSIFIED 3,270,515 3,270,515
PROGRAMS.
............... SUBTOTAL 4,256,406 4,256,406
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL 18,308,826 18,266,676
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... OPERATIONAL TEST
& EVAL, DEFENSE
............... MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL TEST 78,047 78,047
AND EVALUATION.
002 0605131OTE LIVE FIRE TEST 48,316 48,316
AND EVALUATION.
003 0605814OTE OPERATIONAL TEST 52,631 52,631
ACTIVITIES AND
ANALYSES.
............... SUBTOTAL 178,994 178,994
MANAGEMENT
SUPPORT.
...............
............... TOTAL 178,994 178,994
OPERATIONAL
TEST &
EVAL,
DEFENSE.
...............
............... TOTAL RDT&E 71,391,771 71,110,624
------------------------------------------------------------------------

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
Program Element FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
055 0603308A ARMY SPACE 9,375 9,375
SYSTEMS
INTEGRATION.
................ SUBTOTAL 9,375 9,375
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
091 0604741A AIR DEFENSE 78,700 78,700
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
114 0605032A TRACTOR TIRE.... 10,000 10,000
117 0605035A COMMON INFRARED 10,900 10,900
COUNTERMEASURES
(CIRCM).
119 0605041A DEFENSIVE CYBER 50,500 50,500
TOOL
DEVELOPMENT.
122 0605051A AIRCRAFT 73,110 73,110
SURVIVABILITY
DEVELOPMENT.
................ SUBTOTAL 223,210 223,210
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
208 0307665A BIOMETRICS 7,104 7,104
ENABLED
INTELLIGENCE.
................ SUBTOTAL 7,104 7,104
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 239,689 239,689
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
038 0603527N RETRACT LARCH... 3,907 3,907
................ SUBTOTAL 3,907 3,907
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
245A 9999999999 CLASSIFIED 36,426 36,426
PROGRAMS.
................ SUBTOTAL 36,426 36,426
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 40,333 40,333
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
058 0604421F COUNTERSPACE 425 425
SYSTEMS.
................ SUBTOTAL 425 425
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
200 0305174F SPACE 4,715 4,715
INNOVATION,
INTEGRATION AND
RAPID
TECHNOLOGY
DEVELOPMENT.
242A 9999999999 CLASSIFIED 27,765 27,765
PROGRAMS.
................ SUBTOTAL 32,480 32,480
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL 32,905 32,905
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
253A 9999999999 CLASSIFIED 165,419 165,419
PROGRAMS.
................ SUBTOTAL 165,419 165,419
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL 165,419 165,419
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
................
................ TOTAL RDT&E 478,346 478,346
------------------------------------------------------------------------

SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS.

------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS FOR BASE OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
Program Element FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
090 0604715A NON-SYSTEM 33 33
TRAINING
DEVICES--ENG
DEV.
................ SUBTOTAL 33 33
SYSTEM
DEVELOPMENT
&
DEMONSTRATIO
N.
................
................ TOTAL 33 33
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
078 0604272N TACTICAL AIR 37,990 37,990
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
................ SUBTOTAL 37,990 37,990
ADVANCED
COMPONENT
DEVELOPMENT
& PROTOTYPES.
................
................ TOTAL 37,990 37,990
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
................
................ TOTAL RDT&E 38,023 38,023
------------------------------------------------------------------------

TITLE XLIII--OPERATION AND MAINTENANCE

SEC. 4301. OPERATION AND MAINTENANCE.

------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 791,450 841,450
Home station training [50,000]
unfunded requirement......
020 MODULAR SUPPORT BRIGADES...... 68,373 68,373
030 ECHELONS ABOVE BRIGADE........ 438,823 438,823
040 THEATER LEVEL ASSETS.......... 660,258 660,258
050 LAND FORCES OPERATIONS SUPPORT 863,928 863,928
060 AVIATION ASSETS............... 1,360,597 1,461,097
Eleventh CAB.............. [32,500]
Flying hour program [68,000]
unfunded requirement......
070 FORCE READINESS OPERATIONS 3,086,443 3,086,443
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 439,488 439,488
090 LAND FORCES DEPOT MAINTENANCE. 1,013,452 1,032,852
Depot maintenance unfunded [19,400]
requirement...............
100 BASE OPERATIONS SUPPORT....... 7,816,343 7,838,443
Eleventh CAB Support...... [22,100]
110 FACILITIES SUSTAINMENT, 2,234,546 2,319,946
RESTORATION & MODERNIZATION..
Restore Sustainment [85,400]
shortfalls................
120 MANAGEMENT AND OPERATIONAL 452,105 452,105
HEADQUARTERS.................
130 COMBATANT COMMANDERS CORE 155,658 155,658
OPERATIONS...................
170 COMBATANT COMMANDS DIRECT 441,143 441,143
MISSION SUPPORT..............
SUBTOTAL OPERATING FORCES. 19,822,607 20,100,007

MOBILIZATION
180 STRATEGIC MOBILITY............ 336,329 336,329
190 ARMY PREPOSITIONED STOCKS..... 390,848 415,848
Program increase.......... [25,000]
200 INDUSTRIAL PREPAREDNESS....... 7,401 7,401
SUBTOTAL MOBILIZATION..... 734,578 759,578

TRAINING AND RECRUITING
210 OFFICER ACQUISITION........... 131,942 131,942
220 RECRUIT TRAINING.............. 47,846 47,846
230 ONE STATION UNIT TRAINING..... 45,419 45,419
240 SENIOR RESERVE OFFICERS 482,747 482,747
TRAINING CORPS...............
250 SPECIALIZED SKILL TRAINING.... 921,025 927,525
Defense Foreign Language [6,500]
Program...................
260 FLIGHT TRAINING............... 902,845 945,779
Graduate pilot training [5,405]
unfunded requirement......
School Air OPTEMPO [31,125]
unfunded requirement......
Train full ARPINT load of [6,404]
990.......................
270 PROFESSIONAL DEVELOPMENT 216,583 248,183
EDUCATION....................
Military Training and PME. [31,600]
280 TRAINING SUPPORT.............. 607,534 607,534
290 RECRUITING AND ADVERTISING.... 550,599 525,599
Unjustified program growth [-25,000]
300 EXAMINING..................... 187,263 187,263
310 OFF-DUTY AND VOLUNTARY 189,556 189,556
EDUCATION....................
320 CIVILIAN EDUCATION AND 182,835 182,835
TRAINING.....................
330 JUNIOR RESERVE OFFICER 171,167 171,167
TRAINING CORPS...............
SUBTOTAL TRAINING AND 4,637,361 4,693,395
RECRUITING................

ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION.... 230,739 295,739
Restore cricital [65,000]
shortfalls................
360 CENTRAL SUPPLY ACTIVITIES..... 850,060 850,060
370 LOGISTIC SUPPORT ACTIVITIES... 778,757 778,757
380 AMMUNITION MANAGEMENT......... 370,010 370,010
390 ADMINISTRATION................ 451,556 451,556
400 SERVICEWIDE COMMUNICATIONS.... 1,888,123 1,888,123
410 MANPOWER MANAGEMENT........... 276,403 276,403
420 OTHER PERSONNEL SUPPORT....... 369,443 369,443
430 OTHER SERVICE SUPPORT......... 1,096,074 1,096,074
440 ARMY CLAIMS ACTIVITIES........ 207,800 207,800
450 REAL ESTATE MANAGEMENT........ 240,641 240,641
460 FINANCIAL MANAGEMENT AND AUDIT 250,612 250,612
READINESS....................
470 INTERNATIONAL MILITARY 416,587 416,587
HEADQUARTERS.................
480 MISC. SUPPORT OF OTHER NATIONS 36,666 36,666
530 CLASSIFIED PROGRAMS........... 1,151,023 1,151,023
SUBTOTAL ADMIN & SRVWIDE 8,614,494 8,679,494
ACTIVITIES................

UNDISTRIBUTED
540 UNDISTRIBUTED................. -400,200
Excessive standard price [-56,100]
for fuel..................
Foreign Currency [-194,100]
adjustments...............
Working Capital Fund [-150,000]
Carryover Above Allowable
Ceiling...................
SUBTOTAL UNDISTRIBUTED.... -400,200

TOTAL OPERATION & 33,809,040 33,832,274
MAINTENANCE, ARMY........

OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 11,435 11,435
020 ECHELONS ABOVE BRIGADE........ 491,772 511,772
Home station training [20,000]
unfunded requirement......
030 THEATER LEVEL ASSETS.......... 116,163 116,163
040 LAND FORCES OPERATIONS SUPPORT 563,524 563,524
050 AVIATION ASSETS............... 91,162 91,162
060 FORCE READINESS OPERATIONS 347,459 347,659
SUPPORT......................
Defense Language Program.. [200]
070 LAND FORCES SYSTEMS READINESS. 101,926 101,926
080 LAND FORCES DEPOT MAINTENANCE. 56,219 56,219
090 BASE OPERATIONS SUPPORT....... 573,843 573,843
100 FACILITIES SUSTAINMENT, 214,955 223,055
RESTORATION & MODERNIZATION..
Restore Sustainment [8,100]
shortfalls................
110 MANAGEMENT AND OPERATIONAL 37,620 37,620
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 2,606,078 2,634,378

ADMIN & SRVWD ACTIVITIES
120 SERVICEWIDE TRANSPORTATION.... 11,027 11,027
130 ADMINISTRATION................ 16,749 16,749
140 SERVICEWIDE COMMUNICATIONS.... 17,825 17,825
150 MANPOWER MANAGEMENT........... 6,177 6,177
160 RECRUITING AND ADVERTISING.... 54,475 54,475
SUBTOTAL ADMIN & SRVWD 106,253 106,253
ACTIVITIES................

UNDISTRIBUTED
180 UNDISTRIBUTED................. -6,800
Excessive standard price [-6,800]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -6,800

TOTAL OPERATION & 2,712,331 2,733,831
MAINTENANCE, ARMY RES....

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 708,251 758,251
Home station training [50,000]
unfunded requirement......
020 MODULAR SUPPORT BRIGADES...... 197,251 197,251
030 ECHELONS ABOVE BRIGADE........ 792,271 792,271
040 THEATER LEVEL ASSETS.......... 80,341 80,341
050 LAND FORCES OPERATIONS SUPPORT 37,138 37,138
060 AVIATION ASSETS............... 887,625 884,825
Unjustified program growth [-2,800]
070 FORCE READINESS OPERATIONS 696,267 690,152
SUPPORT......................
Defense Language Program.. [200]
Unjustified program growth [-6,315]
080 LAND FORCES SYSTEMS READINESS. 61,240 61,240
090 LAND FORCES DEPOT MAINTENANCE. 219,948 219,948
100 BASE OPERATIONS SUPPORT....... 1,040,012 1,040,012
110 FACILITIES SUSTAINMENT, 676,715 691,115
RESTORATION & MODERNIZATION..
Restore Sustainment [14,400]
shortfalls................
120 MANAGEMENT AND OPERATIONAL 1,021,144 1,021,144
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 6,418,203 6,473,688

ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION.... 6,396 6,396
140 ADMINISTRATION................ 68,528 69,678
State Partnership Program. [1,150]
150 SERVICEWIDE COMMUNICATIONS.... 76,524 76,524
160 MANPOWER MANAGEMENT........... 7,712 7,712
170 OTHER PERSONNEL SUPPORT....... 245,046 245,046
180 REAL ESTATE MANAGEMENT........ 2,961 2,961
SUBTOTAL ADMIN & SRVWD 407,167 408,317
ACTIVITIES................

UNDISTRIBUTED
190 UNDISTRIBUTED................. -29,000
Excessive standard price [-29,000]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -29,000

TOTAL OPERATION & 6,825,370 6,853,005
MAINTENANCE, ARNG........

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 4,094,765 4,094,765
OPERATIONS...................
020 FLEET AIR TRAINING............ 1,722,473 1,722,473
030 AVIATION TECHNICAL DATA & 52,670 52,670
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 97,584 97,584
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 446,733 453,233
Marine Corps unfunded [5,300]
requirement--accelerate
readiness - H-1...........
Marine Corps unfunded [1,200]
requirement--accelerate
readiness - MV-22B........
060 AIRCRAFT DEPOT MAINTENANCE.... 1,007,681 1,071,681
AC Depot maintenance [34,000]
unfunded requirement......
Navy unfunded requirement-- [30,000]
Improve Afloat Readiness..
070 AIRCRAFT DEPOT OPERATIONS 38,248 38,248
SUPPORT......................
080 AVIATION LOGISTICS............ 564,720 598,220
E-6B and F-35 sustainment [16,000]
unfunded requirement......
Marine Corps unfunded [6,800]
requirement--accelerate
readiness - KC-130J.......
Marine Corps unfunded [10,700]
requirement--accelerate
readiness - MV-22B........
090 MISSION AND OTHER SHIP 3,513,083 3,861,283
OPERATIONS...................
Cruiser Modernization..... [90,200]
Navy unfunded requirement-- [158,000]
Improve Afloat Readiness..
Navy unfunded requirement-- [41,000]
Restore 3 CG Deployments..
Navy unfunded requirement-- [59,000]
Reverse PONCE (LPD-15)
Inactivation..............
100 SHIP OPERATIONS SUPPORT & 743,765 763,465
TRAINING.....................
Navy unfunded requirement-- [19,700]
Restore Fleet Training....
110 SHIP DEPOT MAINTENANCE........ 5,168,273 5,486,873
Cruiser Modernization..... [71,100]
Navy unfunded requirement-- [238,000]
Ship Depot Wholeness......
Program increase.......... [9,500]
120 SHIP DEPOT OPERATIONS SUPPORT. 1,575,578 1,654,578
Navy unfunded requirement-- [79,000]
Increase Alfoat Readiness.
130 COMBAT COMMUNICATIONS......... 558,727 558,727
140 ELECTRONIC WARFARE............ 105,680 105,680
150 SPACE SYSTEMS AND SURVEILLANCE 180,406 180,406
160 WARFARE TACTICS............... 470,032 470,032
170 OPERATIONAL METEOROLOGY AND 346,703 346,703
OCEANOGRAPHY.................
180 COMBAT SUPPORT FORCES......... 1,158,688 1,158,688
190 EQUIPMENT MAINTENANCE......... 113,692 113,692
200 DEPOT OPERATIONS SUPPORT...... 2,509 2,509
210 COMBATANT COMMANDERS CORE 91,019 91,019
OPERATIONS...................
220 COMBATANT COMMANDERS DIRECT 74,780 74,780
MISSION SUPPORT..............
230 CRUISE MISSILE................ 106,030 106,030
240 FLEET BALLISTIC MISSILE....... 1,233,805 1,233,805
250 IN-SERVICE WEAPONS SYSTEMS 163,025 163,025
SUPPORT......................
260 WEAPONS MAINTENANCE........... 553,269 553,269
270 OTHER WEAPON SYSTEMS SUPPORT.. 350,010 350,010
280 ENTERPRISE INFORMATION........ 790,685 790,685
290 SUSTAINMENT, RESTORATION AND 1,642,742 1,697,842
MODERNIZATION................
Restore Sustainment [55,100]
shortfalls................
300 BASE OPERATING SUPPORT........ 4,206,136 4,206,136
SUBTOTAL OPERATING FORCES. 31,173,511 32,098,111

MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE. 893,517 893,517
320 READY RESERVE FORCE........... 274,524 274,524
330 AIRCRAFT ACTIVATIONS/ 6,727 6,727
INACTIVATIONS................
340 SHIP ACTIVATIONS/INACTIVATIONS 288,154 288,154
350 EXPEDITIONARY HEALTH SERVICES 95,720 95,720
SYSTEMS......................
360 INDUSTRIAL READINESS.......... 2,109 2,109
370 COAST GUARD SUPPORT........... 21,114 21,114
SUBTOTAL MOBILIZATION..... 1,581,865 1,581,865

TRAINING AND RECRUITING
380 OFFICER ACQUISITION........... 143,815 143,815
390 RECRUIT TRAINING.............. 8,519 8,519
400 RESERVE OFFICERS TRAINING 143,445 143,445
CORPS........................
410 SPECIALIZED SKILL TRAINING.... 699,214 699,214
420 FLIGHT TRAINING............... 5,310 5,310
430 PROFESSIONAL DEVELOPMENT 172,852 172,852
EDUCATION....................
440 TRAINING SUPPORT.............. 222,728 222,728
450 RECRUITING AND ADVERTISING.... 225,647 225,647
460 OFF-DUTY AND VOLUNTARY 130,569 130,569
EDUCATION....................
470 CIVILIAN EDUCATION AND 73,730 73,730
TRAINING.....................
480 JUNIOR ROTC................... 50,400 50,400
SUBTOTAL TRAINING AND 1,876,229 1,876,229
RECRUITING................

ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................ 917,453 917,453
500 EXTERNAL RELATIONS............ 14,570 14,570
510 CIVILIAN MANPOWER AND 124,070 124,070
PERSONNEL MANAGEMENT.........
520 MILITARY MANPOWER AND 369,767 369,767
PERSONNEL MANAGEMENT.........
530 OTHER PERSONNEL SUPPORT....... 285,927 285,927
540 SERVICEWIDE COMMUNICATIONS.... 319,908 319,908
570 SERVICEWIDE TRANSPORTATION.... 171,659 171,659
590 PLANNING, ENGINEERING AND 270,863 270,863
DESIGN.......................
600 ACQUISITION AND PROGRAM 1,112,766 1,112,766
MANAGEMENT...................
610 HULL, MECHANICAL AND 49,078 49,078
ELECTRICAL SUPPORT...........
620 COMBAT/WEAPONS SYSTEMS........ 24,989 24,989
630 SPACE AND ELECTRONIC WARFARE 72,966 72,966
SYSTEMS......................
640 NAVAL INVESTIGATIVE SERVICE... 595,711 595,711
700 INTERNATIONAL HEADQUARTERS AND 4,809 4,809
AGENCIES.....................
730 CLASSIFIED PROGRAMS........... 517,440 517,440
SUBTOTAL ADMIN & SRVWD 4,851,976 4,851,976
ACTIVITIES................

UNDISTRIBUTED
740 UNDISTRIBUTED................. -416,900
Excessive standard price [-390,500]
for fuel..................
Foreign Currency [-26,400]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -416,900

TOTAL OPERATION & 39,483,581 39,991,281
MAINTENANCE, NAVY........

OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 674,613 760,313
Enterprise network defense [5,700]
unfunded requirement......
Exercise program unfunded [58,000]
requirement...............
Marine Corps unfunded [22,000]
requirement- enhanced
combat helmets............
020 FIELD LOGISTICS............... 947,424 983,674
Critical/ no fail EOD [600]
unfunded requirement......
Marine Corps unfunded [13,200]
requirement- rifle combat
optic modernization.......
Marine Corps unfunded [8,250]
requirement- SPMAGTF--C4
UUNS......................
Nano/VTOL unfunded [14,200]
requirement...............
030 DEPOT MAINTENANCE............. 206,783 214,583
Depot maintenance unfunded [7,800]
requirement...............
040 MARITIME PREPOSITIONING....... 85,276 85,276
050 SUSTAINMENT, RESTORATION & 632,673 694,673
MODERNIZATION................
Facility demolition [39,200]
unfunded requirement......
Restore Sustainment [22,800]
shortfalls................
060 BASE OPERATING SUPPORT........ 2,136,626 2,136,626
SUBTOTAL OPERATING FORCES. 4,683,395 4,875,145

TRAINING AND RECRUITING
070 RECRUIT TRAINING.............. 15,946 15,946
080 OFFICER ACQUISITION........... 935 935
090 SPECIALIZED SKILL TRAINING.... 99,305 99,305
100 PROFESSIONAL DEVELOPMENT 45,495 45,495
EDUCATION....................
110 TRAINING SUPPORT.............. 369,979 369,979
120 RECRUITING AND ADVERTISING.... 165,566 165,566
130 OFF-DUTY AND VOLUNTARY 35,133 35,133
EDUCATION....................
140 JUNIOR ROTC................... 23,622 23,622
SUBTOTAL TRAINING AND 755,981 755,981
RECRUITING................

ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 34,534 34,534
160 ADMINISTRATION................ 355,932 355,932
180 ACQUISITION AND PROGRAM 76,896 76,896
MANAGEMENT...................
200 CLASSIFIED PROGRAMS........... 47,520 47,520
SUBTOTAL ADMIN & SRVWD 514,882 514,882
ACTIVITIES................

UNDISTRIBUTED
210 UNDISTRIBUTED................. -6,400
Excessive standard price [-4,900]
for fuel..................
Foreign Currency [-1,500]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -6,400

TOTAL OPERATION & 5,954,258 6,139,608
MAINTENANCE, MARINE CORPS

OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 526,190 526,190
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 6,714 6,714
030 AIRCRAFT DEPOT MAINTENANCE.... 86,209 90,209
Navy unfunded requirement-- [4,000]
Improve Afloat Readiness..
040 AIRCRAFT DEPOT OPERATIONS 389 389
SUPPORT......................
050 AVIATION LOGISTICS............ 10,189 10,189
070 SHIP OPERATIONS SUPPORT & 560 860
TRAINING.....................
Navy unfunded requirement-- [300]
Restore Fleet Training....
090 COMBAT COMMUNICATIONS......... 13,173 13,173
100 COMBAT SUPPORT FORCES......... 109,053 109,053
120 ENTERPRISE INFORMATION........ 27,226 27,226
130 SUSTAINMENT, RESTORATION AND 27,571 28,671
MODERNIZATION................
Restore Sustainment [1,100]
shortfalls................
140 BASE OPERATING SUPPORT........ 99,166 99,166
SUBTOTAL OPERATING FORCES. 906,440 911,840

ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION................ 1,351 1,351
160 MILITARY MANPOWER AND 13,251 13,251
PERSONNEL MANAGEMENT.........
170 SERVICEWIDE COMMUNICATIONS.... 3,445 3,445
180 ACQUISITION AND PROGRAM 3,169 3,169
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 21,216 21,216
ACTIVITIES................

UNDISTRIBUTED
200 UNDISTRIBUTED................. -26,600
Excessive standard price [-26,600]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -26,600

TOTAL OPERATION & 927,656 906,456
MAINTENANCE, NAVY RES....

OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 94,154 94,154
020 DEPOT MAINTENANCE............. 18,594 18,594
030 SUSTAINMENT, RESTORATION AND 25,470 26,170
MODERNIZATION................
Restore Sustainment [700]
shortfalls................
040 BASE OPERATING SUPPORT........ 111,550 111,550
SUBTOTAL OPERATING FORCES. 249,768 250,468

ADMIN & SRVWD ACTIVITIES
050 SERVICEWIDE TRANSPORTATION.... 902 902
060 ADMINISTRATION................ 11,130 11,130
070 RECRUITING AND ADVERTISING.... 8,833 8,833
SUBTOTAL ADMIN & SRVWD 20,865 20,865
ACTIVITIES................

UNDISTRIBUTED
090 UNDISTRIBUTED................. -800
Excessive standard price [-800]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -800

TOTAL OPERATION & 270,633 270,533
MAINTENANCE, MC RESERVE..

OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 3,294,124 3,294,124
020 COMBAT ENHANCEMENT FORCES..... 1,682,045 1,684,845
HH-60 unfunded requirement [2,800]
030 AIR OPERATIONS TRAINING (OJT, 1,730,757 1,730,757
MAINTAIN SKILLS).............
040 DEPOT MAINTENANCE............. 7,042,988 7,156,064
Compass Call Program [-56,500]
Restructure...............
Weapon system sustainment [169,576]
unfunded requirement......
050 FACILITIES SUSTAINMENT, 1,657,019 1,710,019
RESTORATION & MODERNIZATION..
Restore Sustainment [53,000]
shortfalls................
060 BASE SUPPORT.................. 2,787,216 2,787,216
070 GLOBAL C3I AND EARLY WARNING.. 887,831 927,831
Air Force unfunded [40,000]
requirement--Ground Based
Radars....................
080 OTHER COMBAT OPS SPT PROGRAMS. 1,070,178 1,070,178
100 LAUNCH FACILITIES............. 208,582 208,582
110 SPACE CONTROL SYSTEMS......... 362,250 362,250
120 COMBATANT COMMANDERS DIRECT 907,245 907,245
MISSION SUPPORT..............
130 COMBATANT COMMANDERS CORE 199,171 199,171
OPERATIONS...................
135 CLASSIFIED PROGRAMS........... 930,757 930,757
SUBTOTAL OPERATING FORCES. 22,760,163 22,969,039

MOBILIZATION
140 AIRLIFT OPERATIONS............ 1,703,059 1,703,059
150 MOBILIZATION PREPAREDNESS..... 138,899 138,899
160 DEPOT MAINTENANCE............. 1,553,439 1,619,863
Weapon system sustainment [66,424]
unfunded requirement......
170 FACILITIES SUSTAINMENT, 258,328 266,628
RESTORATION & MODERNIZATION..
Restore Sustainment [8,300]
shortfalls................
180 BASE SUPPORT.................. 722,756 722,756
SUBTOTAL MOBILIZATION..... 4,376,481 4,451,205

TRAINING AND RECRUITING
190 OFFICER ACQUISITION........... 120,886 120,886
200 RECRUIT TRAINING.............. 23,782 23,782
210 RESERVE OFFICERS TRAINING 77,692 77,692
CORPS (ROTC).................
220 FACILITIES SUSTAINMENT, 236,254 243,854
RESTORATION & MODERNIZATION..
Restore Sustainment [7,600]
shortfalls................
230 BASE SUPPORT.................. 819,915 819,915
240 SPECIALIZED SKILL TRAINING.... 387,446 387,446
250 FLIGHT TRAINING............... 725,134 725,134
260 PROFESSIONAL DEVELOPMENT 264,213 264,213
EDUCATION....................
270 TRAINING SUPPORT.............. 86,681 86,681
280 DEPOT MAINTENANCE............. 305,004 305,004
290 RECRUITING AND ADVERTISING.... 104,754 104,754
300 EXAMINING..................... 3,944 3,944
310 OFF-DUTY AND VOLUNTARY 184,841 184,841
EDUCATION....................
320 CIVILIAN EDUCATION AND 173,583 173,583
TRAINING.....................
330 JUNIOR ROTC................... 58,877 58,877
SUBTOTAL TRAINING AND 3,573,006 3,580,606
RECRUITING................

ADMIN & SRVWD ACTIVITIES
340 LOGISTICS OPERATIONS.......... 1,107,846 1,107,846
350 TECHNICAL SUPPORT ACTIVITIES.. 924,185 924,185
360 DEPOT MAINTENANCE............. 48,778 48,778
370 FACILITIES SUSTAINMENT, 321,013 331,313
RESTORATION & MODERNIZATION..
Restore Sustainment [10,300]
shortfalls................
380 BASE SUPPORT.................. 1,115,910 1,115,910
390 ADMINISTRATION................ 811,650 811,650
400 SERVICEWIDE COMMUNICATIONS.... 269,809 269,809
410 OTHER SERVICEWIDE ACTIVITIES.. 961,304 961,304
420 CIVIL AIR PATROL.............. 25,735 28,535
Civil Air Patrol O&M [2,800]
Support...................
450 INTERNATIONAL SUPPORT......... 90,573 90,573
460 CLASSIFIED PROGRAMS........... 1,131,603 1,131,603
SUBTOTAL ADMIN & SRVWD 6,808,406 6,821,506
ACTIVITIES................

UNDISTRIBUTED
470 UNDISTRIBUTED................. -484,700
Excessive standard price [-368,000]
for fuel..................
Foreign Currency [-116,700]
adjustments...............
SUBTOTAL UNDISTRIBUTED.... -484,700

TOTAL OPERATION & 37,518,056 37,337,656
MAINTENANCE, AIR FORCE...

OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,707,882 1,707,882
020 MISSION SUPPORT OPERATIONS.... 230,016 230,016
030 DEPOT MAINTENANCE............. 541,743 541,743
040 FACILITIES SUSTAINMENT, 113,470 116,170
RESTORATION & MODERNIZATION..
Restore Sustainment [2,700]
shortfalls................
050 BASE SUPPORT.................. 384,832 384,832
SUBTOTAL OPERATING FORCES. 2,977,943 2,980,643

ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
060 ADMINISTRATION................ 54,939 54,939
070 RECRUITING AND ADVERTISING.... 14,754 14,754
080 MILITARY MANPOWER AND PERS 12,707 12,707
MGMT (ARPC)..................
090 OTHER PERS SUPPORT (DISABILITY 7,210 7,210
COMP)........................
100 AUDIOVISUAL................... 376 376
SUBTOTAL ADMINISTRATION 89,986 89,986
AND SERVICEWIDE ACTIVITIES

UNDISTRIBUTED
110 UNDISTRIBUTED................. -59,700
Excessive standard price [-59,700]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -59,700

TOTAL OPERATION & 3,067,929 3,010,929
MAINTENANCE, AF RESERVE..

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 3,282,238 3,278,238
Unjustifed growth......... [-4,000]
020 MISSION SUPPORT OPERATIONS.... 723,062 723,062
030 DEPOT MAINTENANCE............. 1,824,329 1,867,529
Weapon system sustainment [3,200]
engines unfunded
requirement...............
Weapon system sustainment [40,000]
unfunded requirement......
040 FACILITIES SUSTAINMENT, 245,840 254,940
RESTORATION & MODERNIZATION..
Restore Sustainment [9,100]
shortfalls................
050 BASE SUPPORT.................. 575,548 575,548
SUBTOTAL OPERATING FORCES. 6,651,017 6,699,317

ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
060 ADMINISTRATION................ 23,715 23,715
070 RECRUITING AND ADVERTISING.... 28,846 28,846
SUBTOTAL ADMINISTRATION 52,561 52,561
AND SERVICE-WIDE
ACTIVITIES................

UNDISTRIBUTED
080 UNDISTRIBUTED................. -117,700
Excessive standard price [-117,700]
for fuel..................
SUBTOTAL UNDISTRIBUTED.... -117,700

TOTAL OPERATION & 6,703,578 6,634,178
MAINTENANCE, ANG.........

OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 506,113 506,113
020 OFFICE OF THE SECRETARY OF 524,439 524,439
DEFENSE......................
030 SPECIAL OPERATIONS COMMAND/ 4,898,159 4,889,359
OPERATING FORCES.............
Unjustified growth in [-8,800]
total civilian
compensation..............
SUBTOTAL OPERATING FORCES. 5,928,711 5,919,911

TRAINING AND RECRUITING
040 DEFENSE ACQUISITION UNIVERSITY 138,658 138,658
050 JOINT CHIEFS OF STAFF......... 85,701 85,701
070 SPECIAL OPERATIONS COMMAND/ 365,349 365,349
TRAINING AND RECRUITING......
SUBTOTAL TRAINING AND 589,708 589,708
RECRUITING................

ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 CIVIL MILITARY PROGRAMS....... 160,480 195,819
National Guard Youth [10,339]
Challenge Program.........
STARBASE.................. [25,000]
100 DEFENSE CONTRACT AUDIT AGENCY. 630,925 630,925
110 DEFENSE CONTRACT MANAGEMENT 1,356,380 1,356,380
AGENCY.......................
120 DEFENSE HUMAN RESOURCES 683,620 683,620
ACTIVITY.....................
130 DEFENSE INFORMATION SYSTEMS 1,439,891 1,439,891
AGENCY.......................
150 DEFENSE LEGAL SERVICES AGENCY. 24,984 24,984
160 DEFENSE LOGISTICS AGENCY...... 357,964 352,164
Price Comparability Office [-5,800]
unjustified growth........
170 DEFENSE MEDIA ACTIVITY........ 223,422 223,422
180 DEFENSE PERSONNEL ACCOUNTING 112,681 112,681
AGENCY.......................
190 DEFENSE SECURITY COOPERATION 496,754 621,754
AGENCY.......................
Transfer from Drug [125,000]
Interdiction and Counter-
Drug Activities...........
200 DEFENSE SECURITY SERVICE...... 538,711 538,711
230 DEFENSE TECHNOLOGY SECURITY 35,417 35,417
ADMINISTRATION...............
240 DEFENSE THREAT REDUCTION 448,146 448,146
AGENCY.......................
260 DEPARTMENT OF DEFENSE 2,671,143 2,701,143
EDUCATION ACTIVITY...........
Impact Aid................ [25,000]
Impact Aid severe [5,000]
disabilities..............
270 MISSILE DEFENSE AGENCY........ 446,975 446,975
290 OFFICE OF ECONOMIC ADJUSTMENT. 155,399 136,199
Guam public health lab.... [-19,200]
300 OFFICE OF THE SECRETARY OF 1,481,643 1,487,293
DEFENSE......................
BRAC 2017 Round Planning [-3,530]
and Analyses..............
CWMD Sustainment: [-3,800]
Constellation program
reduction.................
DOD rewards early to need. [-1,000]
Intelligence Management-- [-1,000]
program reduction.........
Reeadiness environmental [14,980]
protection initiative.....
310 SPECIAL OPERATIONS COMMAND/ 89,429 89,429
ADMIN & SVC-WIDE ACTIVITIES..
320 WASHINGTON HEADQUARTERS 629,874 629,874
SERVICES.....................
330 CLASSIFIED PROGRAMS........... 14,069,333 14,069,333
SUBTOTAL ADMINISTRATION 26,053,171 26,224,160
AND SERVICEWIDE ACTIVITIES

UNDISTRIBUTED
340 UNDISTRIBUTED................. -47,100
Excessive standard price [-17,800]
for fuel..................
Foreign Currency [-34,300]
adjustments...............
Temporary Duty Assignment [5,000]
Per Diem Rate Waiver......
SUBTOTAL UNDISTRIBUTED.... -47,100

TOTAL OPERATION & 32,571,590 32,686,679
MAINTENANCE, DEFENSE-WIDE

MISCELLANEOUS APPROPRIATIONS
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE 14,194 14,194
ARMED FORCES, DEFENSE........
020 OVERSEAS HUMANITARIAN, 105,125 105,125
DISASTER AND CIVIC AID.......
030 COOPERATIVE THREAT REDUCTION.. 325,604 325,604
050 ENVIRONMENTAL RESTORATION, 170,167 170,167
ARMY.........................
060 ENVIRONMENTAL RESTORATION, 281,762 281,762
NAVY.........................
070 ENVIRONMENTAL RESTORATION, AIR 371,521 371,521
FORCE........................
080 ENVIRONMENTAL RESTORATION, 9,009 9,009
DEFENSE......................
090 ENVIRONMENTAL RESTORATION 197,084 197,084
FORMERLY USED SITES..........
SUBTOTAL MISCELLANEOUS 1,474,466 1,474,466
APPROPRIATIONS............

TOTAL MISCELLANEOUS 1,474,466 1,474,466
APPROPRIATIONS...........

TOTAL OPERATION & 171,318,488 171,870,896
MAINTENANCE..............
------------------------------------------------------------------------

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.

------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 427,063 416,263
Army requested realignment [-10,800]
(ERI)......................
040 THEATER LEVEL ASSETS........... 1,834,423 1,834,423
050 LAND FORCES OPERATIONS SUPPORT. 558,086 426,086
Army requested realignment [-132,000]
(ERI)......................
060 AVIATION ASSETS................ 58,620 58,620
070 FORCE READINESS OPERATIONS 1,552,468 1,550,468
SUPPORT.......................
Army requested realignment [-2,000]
(ERI)......................
080 LAND FORCES SYSTEMS READINESS.. 476,853 476,853
100 BASE OPERATIONS SUPPORT........ 45,749 45,749
140 ADDITIONAL ACTIVITIES.......... 8,234,566 8,234,566
150 COMMANDERS EMERGENCY RESPONSE 5,000 5,000
PROGRAM.......................
160 RESET.......................... 1,100,722 1,100,722
170 COMBATANT COMMANDS DIRECT 79,568 79,568
MISSION SUPPORT...............
SUBTOTAL OPERATING FORCES.. 14,373,118 14,228,318

MOBILIZATION
190 ARMY PREPOSITIONED STOCKS...... 350,200 130,000
Army requested realignment [-220,200]
(ERI)......................
SUBTOTAL MOBILIZATION...... 350,200 130,000

ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION..... 720,399 840,399
Army requested realignment [120,000]
(ERI)......................
380 AMMUNITION MANAGEMENT.......... 13,974 13,974
420 OTHER PERSONNEL SUPPORT........ 105,508 105,508
450 REAL ESTATE MANAGEMENT......... 185,904 185,904
530 CLASSIFIED PROGRAMS............ 909,278 909,278
SUBTOTAL ADMIN & SRVWIDE 1,935,063 2,055,063
ACTIVITIES.................

TOTAL OPERATION & 16,658,381 16,413,381
MAINTENANCE, ARMY.........

OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE......... 6,252 6,252
040 LAND FORCES OPERATIONS SUPPORT. 2,075 2,075
060 FORCE READINESS OPERATIONS 1,140 1,140
SUPPORT.......................
090 BASE OPERATIONS SUPPORT........ 14,653 14,653
SUBTOTAL OPERATING FORCES.. 24,120 24,120

TOTAL OPERATION & 24,120 24,120
MAINTENANCE, ARMY RES.....

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................. 10,564 10,564
020 MODULAR SUPPORT BRIGADES....... 748 748
030 ECHELONS ABOVE BRIGADE......... 5,751 5,751
040 THEATER LEVEL ASSETS........... 200 200
060 AVIATION ASSETS................ 27,183 27,183
070 FORCE READINESS OPERATIONS 2,741 2,741
SUPPORT.......................
100 BASE OPERATIONS SUPPORT........ 18,800 18,800
120 MANAGEMENT AND OPERATIONAL 920 920
HEADQUARTERS..................
SUBTOTAL OPERATING FORCES.. 66,907 66,907

TOTAL OPERATION & 66,907 66,907
MAINTENANCE, ARNG.........

AFGHANISTAN SECURITY FORCES
FUND
MINISTRY OF DEFENSE
010 SUSTAINMENT.................... 2,173,341 2,173,341
020 INFRASTRUCTURE................. 48,262 48,262
030 EQUIPMENT AND TRANSPORTATION... 821,716 821,716
040 TRAINING AND OPERATIONS........ 289,139 289,139
SUBTOTAL MINISTRY OF 3,332,458 3,332,458
DEFENSE....................

MINISTRY OF INTERIOR
050 SUSTAINMENT.................... 860,441 860,441
060 INFRASTRUCTURE................. 20,837 20,837
070 EQUIPMENT AND TRANSPORTATION... 8,153 8,153
080 TRAINING AND OPERATIONS........ 41,326 41,326
SUBTOTAL MINISTRY OF 930,757 930,757
INTERIOR...................

TOTAL AFGHANISTAN SECURITY 4,263,215 4,263,215
FORCES FUND...............

IRAQ TRAIN AND EQUIP FUND
IRAQ TRAIN AND EQUIP FUND
010 IRAQ TRAIN AND EQUIP FUND...... 919,500 0
Transfer to Counter-ISIL [-919,500]
Fund.......................
SUBTOTAL IRAQ TRAIN AND 919,500 0
EQUIP FUND.................

TOTAL IRAQ TRAIN AND EQUIP 919,500 0
FUND......................

SYRIA TRAIN AND EQUIP FUND
SYRIA TRAIN AND EQUIP FUND
010 SYRIA TRAIN AND EQUIP FUND..... 250,000 0
Transfer to Counter-ISIL [-250,000]
Fund.......................
SUBTOTAL SYRIA TRAIN AND 250,000 0
EQUIP FUND.................

TOTAL SYRIA TRAIN AND 250,000 0
EQUIP FUND................

COUNTER-ISIL FUND
COUNTER-ISIL FUND
010 COUNTER-ISIL FUND.............. 1,169,500
Transfer from Iraq Train [919,500]
and Equip..................
Transfer from Syria Train [250,000]
and Equip..................
SUBTOTAL COUNTER-ISIL FUND. 1,169,500

TOTAL COUNTER-ISIL FUND... 1,169,500

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 427,452 427,452
OPERATIONS....................
040 AIR OPERATIONS AND SAFETY 4,603 4,603
SUPPORT.......................
050 AIR SYSTEMS SUPPORT............ 159,049 159,049
060 AIRCRAFT DEPOT MAINTENANCE..... 113,994 113,994
070 AIRCRAFT DEPOT OPERATIONS 1,840 1,840
SUPPORT.......................
080 AVIATION LOGISTICS............. 35,529 35,529
090 MISSION AND OTHER SHIP 1,073,080 1,073,080
OPERATIONS....................
100 SHIP OPERATIONS SUPPORT & 17,306 17,306
TRAINING......................
110 SHIP DEPOT MAINTENANCE......... 2,128,431 2,128,431
130 COMBAT COMMUNICATIONS.......... 21,257 21,257
160 WARFARE TACTICS................ 22,603 22,603
170 OPERATIONAL METEOROLOGY AND 22,934 22,934
OCEANOGRAPHY..................
180 COMBAT SUPPORT FORCES.......... 575,305 575,305
190 EQUIPMENT MAINTENANCE.......... 11,358 11,358
250 IN-SERVICE WEAPONS SYSTEMS 61,000 61,000
SUPPORT.......................
260 WEAPONS MAINTENANCE............ 309,045 309,045
270 OTHER WEAPON SYSTEMS SUPPORT... 8,000 8,000
290 SUSTAINMENT, RESTORATION AND 7,819 7,819
MODERNIZATION.................
300 BASE OPERATING SUPPORT......... 61,493 61,493
SUBTOTAL OPERATING FORCES.. 5,062,098 5,062,098

MOBILIZATION
330 AIRCRAFT ACTIVATIONS/ 1,530 1,530
INACTIVATIONS.................
350 EXPEDITIONARY HEALTH SERVICES 6,713 6,713
SYSTEMS.......................
370 COAST GUARD SUPPORT............ 162,692 162,692
SUBTOTAL MOBILIZATION...... 170,935 170,935

TRAINING AND RECRUITING
410 SPECIALIZED SKILL TRAINING..... 43,365 43,365
SUBTOTAL TRAINING AND 43,365 43,365
RECRUITING.................

ADMIN & SRVWD ACTIVITIES
490 ADMINISTRATION................. 3,764 3,764
500 EXTERNAL RELATIONS............. 515 515
520 MILITARY MANPOWER AND PERSONNEL 5,409 5,409
MANAGEMENT....................
530 OTHER PERSONNEL SUPPORT........ 1,578 1,578
570 SERVICEWIDE TRANSPORTATION..... 126,700 126,700
600 ACQUISITION AND PROGRAM 9,261 9,261
MANAGEMENT....................
640 NAVAL INVESTIGATIVE SERVICE.... 1,501 1,501
730 CLASSIFIED PROGRAMS............ 16,280 16,280
SUBTOTAL ADMIN & SRVWD 165,008 165,008
ACTIVITIES.................

TOTAL OPERATION & 5,441,406 5,441,406
MAINTENANCE, NAVY.........

OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 571,935 571,935
020 FIELD LOGISTICS................ 266,094 266,094
030 DEPOT MAINTENANCE.............. 147,000 147,000
060 BASE OPERATING SUPPORT......... 18,576 18,576
SUBTOTAL OPERATING FORCES.. 1,003,605 1,003,605

TRAINING AND RECRUITING
110 TRAINING SUPPORT............... 31,750 31,750
SUBTOTAL TRAINING AND 31,750 31,750
RECRUITING.................

ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION..... 73,800 73,800
200 CLASSIFIED PROGRAMS............ 3,650 3,650
SUBTOTAL ADMIN & SRVWD 77,450 77,450
ACTIVITIES.................

TOTAL OPERATION & 1,112,805 1,112,805
MAINTENANCE, MARINE CORPS.

OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
030 AIRCRAFT DEPOT MAINTENANCE..... 16,500 16,500
050 AVIATION LOGISTICS............. 2,522 2,522
100 COMBAT SUPPORT FORCES.......... 7,243 7,243
SUBTOTAL OPERATING FORCES.. 26,265 26,265

TOTAL OPERATION & 26,265 26,265
MAINTENANCE, NAVY RES.....

OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES............... 2,500 2,500
040 BASE OPERATING SUPPORT......... 804 804
SUBTOTAL OPERATING FORCES.. 3,304 3,304

TOTAL OPERATION & 3,304 3,304
MAINTENANCE, MC RESERVE...

OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.......... 1,852,159 1,890,159
Enhancing readiness levels [10,000]
of DCA aircraft............
ERI nuclear readiness...... [28,000]
020 COMBAT ENHANCEMENT FORCES...... 1,127,319 1,127,319
030 AIR OPERATIONS TRAINING (OJT, 152,278 152,278
MAINTAIN SKILLS)..............
040 DEPOT MAINTENANCE.............. 1,061,506 1,087,106
Compass Call Program [25,600]
Restructure................
050 FACILITIES SUSTAINMENT, 56,700 56,700
RESTORATION & MODERNIZATION...
060 BASE SUPPORT................... 941,714 941,714
070 GLOBAL C3I AND EARLY WARNING... 30,219 30,219
080 OTHER COMBAT OPS SPT PROGRAMS.. 213,696 218,696
Promoting additional DCA [5,000]
burden sharing.............
100 LAUNCH FACILITIES.............. 869 869
110 SPACE CONTROL SYSTEMS.......... 5,008 5,008
120 COMBATANT COMMANDERS DIRECT 100,081 100,081
MISSION SUPPORT...............
135 CLASSIFIED PROGRAMS............ 79,893 79,893
SUBTOTAL OPERATING FORCES.. 5,621,442 5,690,042

MOBILIZATION
140 AIRLIFT OPERATIONS............. 2,606,729 2,606,729
150 MOBILIZATION PREPAREDNESS...... 108,163 108,163
160 DEPOT MAINTENANCE.............. 891,102 891,102
180 BASE SUPPORT................... 3,686 3,686
SUBTOTAL MOBILIZATION...... 3,609,680 3,609,680

TRAINING AND RECRUITING
230 BASE SUPPORT................... 52,740 52,740
240 SPECIALIZED SKILL TRAINING..... 4,500 4,500
SUBTOTAL TRAINING AND 57,240 57,240
RECRUITING.................

ADMIN & SRVWD ACTIVITIES
340 LOGISTICS OPERATIONS........... 86,716 86,716
380 BASE SUPPORT................... 59,133 59,133
400 SERVICEWIDE COMMUNICATIONS..... 165,348 165,348
410 OTHER SERVICEWIDE ACTIVITIES... 141,883 116,825
Program reduction.......... [-25,058]
450 INTERNATIONAL SUPPORT.......... 61 61
460 CLASSIFIED PROGRAMS............ 15,823 15,823
SUBTOTAL ADMIN & SRVWD 468,964 443,906
ACTIVITIES.................

TOTAL OPERATION & 9,757,326 9,800,868
MAINTENANCE, AIR FORCE....

OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT MAINTENANCE.............. 51,086 51,086
050 BASE SUPPORT................... 6,500 6,500
SUBTOTAL OPERATING FORCES.. 57,586 57,586

TOTAL OPERATION & 57,586 57,586
MAINTENANCE, AF RESERVE...

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS..... 3,400 3,400
050 BASE SUPPORT................... 16,600 16,600
SUBTOTAL OPERATING FORCES.. 20,000 20,000

TOTAL OPERATION & 20,000 20,000
MAINTENANCE, ANG..........

OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF.......... 10,000
Enhancing exercise of DCA [10,000]
aircraft...................
030 SPECIAL OPERATIONS COMMAND/ 2,853,363 2,853,363
OPERATING FORCES..............
SUBTOTAL OPERATING FORCES.. 2,853,363 2,863,363

ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
100 DEFENSE CONTRACT AUDIT AGENCY.. 13,436 13,436
110 DEFENSE CONTRACT MANAGEMENT 13,564 13,564
AGENCY........................
130 DEFENSE INFORMATION SYSTEMS 34,299 34,299
AGENCY........................
150 DEFENSE LEGAL SERVICES AGENCY.. 111,986 111,986
170 DEFENSE MEDIA ACTIVITY......... 13,317 13,317
190 DEFENSE SECURITY COOPERATION 1,412,000 2,162,000
AGENCY........................
Transfer from [750,000]
Counterterrorism
Partnership Fund...........
260 DEPARTMENT OF DEFENSE EDUCATION 67,000 67,000
ACTIVITY......................
300 OFFICE OF THE SECRETARY OF 31,106 31,106
DEFENSE.......................
320 WASHINGTON HEADQUARTERS 3,137 3,137
SERVICES......................
330 CLASSIFIED PROGRAMS............ 1,803,880 1,803,880
SUBTOTAL ADMINISTRATION AND 3,503,725 4,253,725
SERVICEWIDE ACTIVITIES.....

TOTAL OPERATION & 6,357,088 7,117,088
MAINTENANCE, DEFENSE-WIDE.

TOTAL OPERATION & 44,957,903 45,516,445
MAINTENANCE...............
------------------------------------------------------------------------

SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS.

------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS FOR BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 317,093 317,093
020 MODULAR SUPPORT BRIGADES....... 5,904 5,904
030 ECHELONS ABOVE BRIGADE......... 38,614 38,614
040 THEATER LEVEL ASSETS........... 8,361 8,361
050 LAND FORCES OPERATIONS SUPPORT. 279,072 279,072
060 AVIATION ASSETS................ 106,424 106,424
070 FORCE READINESS OPERATIONS 253,533 253,533
SUPPORT.......................
090 LAND FORCES DEPOT MAINTENANCE.. 350,000 350,000
110 FACILITIES SUSTAINMENT, 113,800
RESTORATION & MODERNIZATION...
Increase Restoration & [113,800]
Modernization funding......
140 ADDITIONAL ACTIVITIES.......... 11,200 11,200
SUBTOTAL OPERATING FORCES.. 1,370,201 1,484,001

TRAINING AND RECRUITING
250 SPECIALIZED SKILL TRAINING..... 3,565 3,565
270 PROFESSIONAL DEVELOPMENT 9,021 9,021
EDUCATION.....................
280 TRAINING SUPPORT............... 2,434 2,434
290 RECRUITING AND ADVERTISING..... 284,800
Recruiting and Advertising [284,800]
Add........................
320 CIVILIAN EDUCATION AND TRAINING 1,254 1,254
SUBTOTAL TRAINING AND 16,274 301,074
RECRUITING.................

ADMIN & SRVWIDE ACTIVITIES
350 SERVICEWIDE TRANSPORTATION..... 200,000 200,000
SUBTOTAL ADMIN & SRVWIDE 200,000 200,000
ACTIVITIES.................

UNDISTRIBUTED
540 UNDISTRIBUTED.................. 563,400
Additional funding to [563,400]
support increase in Army
end strength...............
SUBTOTAL UNDISTRIBUTED..... 563,400

TOTAL OPERATION & 1,586,475 2,548,475
MAINTENANCE, ARMY.........

OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES....... 708 708
020 ECHELONS ABOVE BRIGADE......... 8,570 8,570
030 THEATER LEVEL ASSETS........... 375 375
040 LAND FORCES OPERATIONS SUPPORT. 13 13
050 AVIATION ASSETS................ 608 608
060 FORCE READINESS OPERATIONS 4,285 4,285
SUPPORT.......................
100 FACILITIES SUSTAINMENT, 13,100
RESTORATION & MODERNIZATION...
Increase Restoration & [13,100]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 14,559 27,659

UNDISTRIBUTED
180 UNDISTRIBUTED.................. 82,700
Additional funding to [82,700]
support increase in Army
Reserve end strength.......
SUBTOTAL UNDISTRIBUTED..... 82,700

TOTAL OPERATION & 14,559 110,359
MAINTENANCE, ARMY RES.....

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................. 5,585 5,585
030 ECHELONS ABOVE BRIGADE......... 28,956 28,956
040 THEATER LEVEL ASSETS........... 10,272 10,272
060 AVIATION ASSETS................ 5,621 5,621
070 FORCE READINESS OPERATIONS 9,694 9,694
SUPPORT.......................
110 FACILITIES SUSTAINMENT, 1,500
RESTORATION & MODERNIZATION...
Increase Restoration & [1,500]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 60,128 61,628

UNDISTRIBUTED
190 UNDISTRIBUTED.................. 127,300
Additional funding to [127,300]
support increase in Army
National Guard end strength
SUBTOTAL UNDISTRIBUTED..... 127,300

TOTAL OPERATION & 60,128 188,928
MAINTENANCE, ARNG.........

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 500,000 500,000
OPERATIONS....................
110 SHIP DEPOT MAINTENANCE......... 775,000 775,000
290 SUSTAINMENT, RESTORATION AND 19,270 45,370
MODERNIZATION.................
Increase Restoration & [26,100]
Modernization funding......
300 BASE OPERATING SUPPORT......... 158,032 158,032
SUBTOTAL OPERATING FORCES.. 1,452,302 1,478,402

MOBILIZATION
350 EXPEDITIONARY HEALTH SERVICES 3,597 3,597
SYSTEMS.......................
SUBTOTAL MOBILIZATION...... 3,597 3,597

ADMIN & SRVWD ACTIVITIES
540 SERVICEWIDE COMMUNICATIONS..... 25,617 25,617
SUBTOTAL ADMIN & SRVWD 25,617 25,617
ACTIVITIES.................

TOTAL OPERATION & 1,481,516 1,507,616
MAINTENANCE, NAVY.........

OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 300,000 300,000
050 SUSTAINMENT, RESTORATION & 7,200
MODERNIZATION.................
Increase Restoration & [7,200]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 300,000 307,200

TOTAL OPERATION & 300,000 307,200
MAINTENANCE, MARINE CORPS.

OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
130 SUSTAINMENT, RESTORATION AND 500
MODERNIZATION.................
Increase Restoration & [500]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 500

TOTAL OPERATION & 500
MAINTENANCE, NAVY RES.....

OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
030 SUSTAINMENT, RESTORATION AND 1,000
MODERNIZATION.................
Increase Restoration & [1,000]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 1,000

TOTAL OPERATION & 1,000
MAINTENANCE, MC RESERVE...

OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
040 DEPOT MAINTENANCE.............. 124,000 124,000
050 FACILITIES SUSTAINMENT, 32,900
RESTORATION & MODERNIZATION...
Increase Restoration & [32,900]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 124,000 156,900

MOBILIZATION
170 FACILITIES SUSTAINMENT, 5,100
RESTORATION & MODERNIZATION...
Increase Restoration & [5,100]
Modernization funding......
SUBTOTAL MOBILIZATION...... 5,100

TRAINING AND RECRUITING
220 FACILITIES SUSTAINMENT, 4,700
RESTORATION & MODERNIZATION...
Increase Restoration & [4,700]
Modernization funding......
SUBTOTAL TRAINING AND 4,700
RECRUITING.................

ADMIN & SRVWD ACTIVITIES
370 FACILITIES SUSTAINMENT, 6,400
RESTORATION & MODERNIZATION...
Increase Restoration & [6,400]
Modernization funding......
SUBTOTAL ADMIN & SRVWD 6,400
ACTIVITIES.................

TOTAL OPERATION & 124,000 173,100
MAINTENANCE, AIR FORCE....

OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 1,600
RESTORATION & MODERNIZATION...
Increase Restoration & [1,600]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 1,600

TOTAL OPERATION & 1,600
MAINTENANCE, AF RESERVE...

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 4,300
RESTORATION & MODERNIZATION...
Increase Restoration & [4,300]
Modernization funding......
SUBTOTAL OPERATING FORCES.. 4,300

TOTAL OPERATION & 4,300
MAINTENANCE, ANG..........

OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
030 SPECIAL OPERATIONS COMMAND/ 14,344 14,344
OPERATING FORCES..............
SUBTOTAL OPERATING FORCES.. 14,344 14,344

ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
130 DEFENSE INFORMATION SYSTEMS 14,700 14,700
AGENCY........................
330 CLASSIFIED PROGRAMS............ 9,000 9,000
SUBTOTAL ADMINISTRATION AND 23,700 23,700
SERVICEWIDE ACTIVITIES.....

TOTAL OPERATION & 38,044 38,044
MAINTENANCE, DEFENSE-WIDE.

TOTAL OPERATION & 3,604,722 4,881,122
MAINTENANCE...............
------------------------------------------------------------------------

TITLE XLIV--MILITARY PERSONNEL

SEC. 4401. MILITARY PERSONNEL.

------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 128,902,332 128,202,564
Military Personnel Pay Raise.......... [330,000]
Marine Corps--Bonus Pay/PCS Resotral/ [49,000]
Foreign Language Bonus...............
Foreign currency adjustments.......... [-200,400]
Historical unobligated balances....... [-880,050]
National Guard State Partnership [841]
Program, Army, Special Training......
National Guard State Partnership [841]
Program, Air Force, Special Training.

Medicare-Eligible Retiree Health Fund 6,366,908 6,366,908
Contributions........................

Total, Military Personnel........... 135,269,240 134,569,472
------------------------------------------------------------------------

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 3,644,161 3,644,161

Total, Military Personnel 3,644,161 3,644,161
Appropriations.....................
------------------------------------------------------------------------

SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS.

------------------------------------------------------------------------
SEC. 4403. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 62,965 1,350,465
Fund Active Army End Strength to 476k. [719,000]
Fund Army National Guard End Strength [129,600]
to 343k..............................
Fund Army Reserves End Strength to [53,300]
199k.................................
Fund Active Navy End Strength to [29,600]
323.9k...............................
Fund Active Air Force End Strength to [116,000]
321k.................................
Fund Active Marine Corps End Strength [240,000]
to 185k..............................

Total, Military Personnel........... 62,965 1,350,465
------------------------------------------------------------------------

TITLE XLV--OTHER AUTHORIZATIONS

SEC. 4501. OTHER AUTHORIZATIONS.

------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
SUPPLY MANAGEMENT--ARMY............... 56,469 56,469
TOTAL WORKING CAPITAL FUND, ARMY... 56,469 56,469

WORKING CAPITAL FUND, AIR FORCE
SUPPLIES AND MATERIALS................ 63,967 63,967
TOTAL WORKING CAPITAL FUND, AIR 63,967 63,967
FORCE..............................

WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 37,132 37,132
TOTAL WORKING CAPITAL FUND, DEFENSE- 37,132 37,132
WIDE...............................

WORKING CAPITAL FUND, DECA
COMMISSARY............................ 1,214,045 1,214,045
TOTAL WORKING CAPITAL FUND, DECA... 1,214,045 1,214,045

CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 147,282 147,282
RDT&E................................. 388,609 388,609
PROCUREMENT........................... 15,132 15,132
TOTAL CHEM AGENTS & MUNITIONS 551,023 551,023
DESTRUCTION........................

DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 730,087 605,087
ACTIVITIES, DEFENSE..................
Transfer to Defense Security [-125,000]
Cooperation Agency...............
DRUG DEMAND REDUCTION PROGRAM......... 114,713 114,713
TOTAL DRUG INTERDICTION & CTR-DRUG 844,800 719,800
ACTIVITIES, DEF....................

OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE............. 318,882 318,882
RDT&E................................. 3,153 3,153
TOTAL OFFICE OF THE INSPECTOR 322,035 322,035
GENERAL............................

DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
IN-HOUSE CARE......................... 9,240,160 9,240,160
PRIVATE SECTOR CARE................... 15,738,759 15,738,759
CONSOLIDATED HEALTH SUPPORT........... 2,367,759 2,367,759
INFORMATION MANAGEMENT................ 1,743,749 1,743,749
MANAGEMENT ACTIVITIES................. 311,380 311,380
EDUCATION AND TRAINING................ 743,231 743,231
BASE OPERATIONS/COMMUNICATIONS........ 2,086,352 2,086,352
SUBTOTAL OPERATION & MAINTENANCE... 32,231,390 32,231,390

RDT&E
RESEARCH.............................. 9,097 9,097
EXPLORATRY DEVELOPMENT................ 58,517 58,517
ADVANCED DEVELOPMENT.................. 221,226 221,226
DEMONSTRATION/VALIDATION.............. 96,602 96,602
ENGINEERING DEVELOPMENT............... 364,057 364,057
MANAGEMENT AND SUPPORT................ 58,410 58,410
CAPABILITIES ENHANCEMENT.............. 14,998 14,998
SUBTOTAL RDT&E..................... 822,907 822,907

PROCUREMENT
INITIAL OUTFITTING.................... 20,611 20,611
REPLACEMENT & MODERNIZATION........... 360,727 360,727
JOINT OPERATIONAL MEDICINE INFORMATION 2,413 2,413
SYSTEM...............................
DOD HEALTHCARE MANAGEMENT SYSTEM 29,468 29,468
MODERNIZATION........................
SUBTOTAL PROCUREMENT............... 413,219 413,219

UNDISTRIBUTED
Historical unobligated balances.. [-399,100]
Reduction for unjustified travel [-6,500]
expenses.........................
Reimbursement rates for [32,000]
Comprehensive Autism Care
Demonstration program............
SUBTOTAL UNDISTRIBUTED............. -373,600

TOTAL DEFENSE HEALTH PROGRAM....... 33,467,516 33,093,916

TOTAL OTHER AUTHORIZATIONS......... 36,556,987 36,058,387
------------------------------------------------------------------------

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.

------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY............... 46,833 46,833
TOTAL WORKING CAPITAL FUND, ARMY... 46,833 46,833

WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE LOGISTICS AGENCY (DLA)........ 93,800 93,800
TOTAL WORKING CAPITAL FUND, DEFENSE- 93,800 93,800
WIDE...............................

DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 191,533 191,533
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 191,533 191,533
ACTIVITIES, DEF....................

OFFICE OF THE INSPECTOR GENERAL
OPERATION AND MAINTENANCE............. 22,062 22,062
TOTAL OFFICE OF THE INSPECTOR 22,062 22,062
GENERAL............................

DEFENSE HEALTH PROGRAM
OPERATION AND MAINTENANCE
IN-HOUSE CARE......................... 95,366 95,366
PRIVATE SECTOR CARE................... 235,620 235,620
CONSOLIDATED HEALTH SUPPORT........... 3,325 3,325
SUBTOTAL OPERATION AND MAINTENANCE. 334,311 334,311

TOTAL DEFENSE HEALTH PROGRAM....... 334,311 334,311

UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE........... 350,000
Program increase................. [350,000]
TOTAL UKRAINE SECURITY ASSISTANCE.. 350,000

COUNTERTERRORISM PARTNERSHIPS FUND
COUNTERTERRORISM PARTNERSHIPS FUND.... 1,000,000 0
Program decrease................. [-250,000]
Transfer to Counter-ISIL Fund.... [-750,000]
TOTAL COUNTERTERRORISM PARTNERSHIPS 1,000,000 0
FUND...............................

TOTAL OTHER AUTHORIZATIONS......... 1,688,539 1,038,539
------------------------------------------------------------------------

SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS.

------------------------------------------------------------------------
SEC. 4503. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS FOR
BASE REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Title Request Authorized
------------------------------------------------------------------------
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER-DRUG 23,800 23,800
ACTIVITIES, DEFENSE..................
TOTAL DRUG INTERDICTION & CTR-DRUG 23,800 23,800
ACTIVITIES, DEF....................

TOTAL OTHER AUTHORIZATIONS......... 23,800 23,800
------------------------------------------------------------------------

TITLE XLVI--MILITARY CONSTRUCTION

SEC. 4601. MILITARY CONSTRUCTION.

----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alaska
Army Fort Wainwright Unmanned Aerial Vehicle 47,000 47,000
Hangar.
California
Army Concord Access Control Point....... 12,600 12,600
Colorado
Army Fort Carson Automated Infantry Platoon 8,100 8,100
Battle Course.
Army Fort Carson Unmanned Aerial Vehicle 5,000 5,000
Hangar.
Cuba
Army Guantanamo Bay Guantanamo Bay Naval 33,000 33,000
Station Migration Complex.
Georgia
Army Fort Gordon Access Control Point....... 0 0
Army Fort Gordon Company Operations Facility 0 10,600
Army Fort Gordon Cyber Protection Team Ops 90,000 90,000
Facility.
Army Fort Stewart Automated Qualification/ 14,800 14,800
Training Range.
Germany
Army East Camp Grafenwoehr Training Support Center.... 22,000 22,000
Army Garmisch Dining Facility............ 9,600 9,600
Army Wiesbaden Army Controlled Humidity 16,500 16,500
Airfield Warehouse.
Army Wiesbaden Army Hazardous Material Storage 2,700 2,700
Airfield Building.
Hawaii
Army Fort Shafter Command and Control 40,000 40,000
Facility, Incr 2.
Missouri
Army Fort Leonard Wood Fire Station............... 0 6,900
Texas
Army Fort Hood Automated Infantry Platoon 7,600 7,600
Battle Course.
Utah
Army Camp Williams Live Fire Exercise 7,400 7,400
Shoothouse.
Virginia
Army Fort Belvoir Secure Admin/Operations 64,000 64,000
Facility, Incr 2.
Army Fort Belvoir Vehicle Maintenance Shop... 0 23,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support FY17... 18,000 18,000
Locations
Army Unspecified Worldwide Minor Construction FY17.... 25,000 35,000
Locations
Army Unspecified Worldwide Planning and Design FY17... 80,159 80,159
Locations
........................
Military Construction, Army Total 503,459 553,959
......................
Arizona
Navy Yuma VMX-22 Maintenance Hangar.. 48,355 48,355
California
Navy Coronado Coastal Campus Entry 13,044 13,044
Control Point.
Navy Coronado Coastal Campus Utilities 81,104 81,104
Infrastructure.
Navy Coronado Grace Hopper Data Center 10,353 10,353
Power Upgrades.
Navy Lemoore F-35C Engine Repair 26,723 26,723
Facility.
Navy Miramar Aircraft Maintenance 0 79,399
Hangar, Incr 1.
Navy Miramar Communications Complex & 0 34,700
Infrastructure Upgrade.
Navy Miramar F-35 Aircraft Parking Apron 0 40,000
Navy San Diego Energy Security Hospital 6,183 0
Microgrid.
Navy Seal Beach Missile Magazines.......... 21,007 21,007
Florida
Navy Eglin AFB WMD Field Training 20,489 20,489
Facilities.
Navy Mayport NS Advanced Wastewater 0 0
Treatment Plant.
Navy Pensacola A-School Dormitory......... 0 0
Guam
Navy Joint Region Marianas Hardening of Guam POL 26,975 26,975
Infrastructure.
Navy Joint Region Marianas Power Upgrade--Harmon...... 62,210 62,210
Hawaii
Navy Barking Sands Upgrade Power Plant & 43,384 43,384
Electrical Distrib Sys.
Navy Kaneohe Bay Regimental Consolidated 72,565 72,565
Comm/Elec Facility.
Japan
Navy Kadena AB Aircraft Maintenance 26,489 26,489
Complex.
Navy Sasebo Shore Power (Juliet Pier).. 16,420 16,420
Maine
Navy Kittery Unaccompanied Housing...... 17,773 17,773
Navy Kittery Utility Improvements for 30,119 30,119
Nuclear Platforms.
Maryland
Navy Patuxent River UCLASS RDT&E Hangar........ 40,576 40,576
Nevada
Navy Fallon Air Wing Simulator Facility 13,523 13,523
North Carolina
Navy Camp Lejeune Range Facilities Safety 18,482 18,482
Improvements.
Navy Cherry Point Central Heating Plant 12,515 12,515
Conversion.
South Carolina
Navy Beaufort Aircraft Maintenance Hangar 83,490 83,490
Navy Parris Island Recruit Reconditioning 29,882 29,882
Center & Barracks.
Spain
Navy Rota Communication Station...... 23,607 23,607
Virginia
Navy Norfolk Chambers Field Magazine 0 27,000
Recap Ph I.
Washington
Navy Bangor SEAWOLF Class Service Pier. 0 73,000
Navy Bangor Service Pier Electrical 18,939 18,939
Upgrades.
Navy Bangor Submarine Refit Maint 21,476 21,476
Support Facility.
Navy Bremerton Nuclear Repair Facility.... 6,704 6,704
Navy Whidbey Island EA-18G Maintenance Hangar.. 45,501 45,501
Navy Whidbey Island Triton Mission Control 30,475 30,475
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design........ 88,230 88,230
Locations
Navy Unspecified Worldwide Unspecified Minor 29,790 29,790
Locations Construction.
Navy Various Worldwide Triton Forward Operating 41,380 41,380
Locations Base Hangar.
........................
Military Construction, Navy Total 1,027,763 1,275,679
......................
Alabama
AF Maxwell AFB Jag School Expansion....... 0 15,500
Alaska
AF Clear AFS Fire Station............... 20,000 20,000
AF Eielson AFB F-35A ADAL Field Training 22,100 22,100
Detachment Fac.
AF Eielson AFB F-35A Aircraft Weather 82,300 82,300
Shelter (Sqd 2).
AF Eielson AFB F-35A Aircraft Weather 79,500 79,500
Shelters (Sqd 1).
AF Eielson AFB F-35A Earth Covered 11,300 11,300
Magazines.
AF Eielson AFB F-35A Hangar/Propulsion MX/ 44,900 44,900
Dispatch.
AF Eielson AFB F-35A Hangar/Squad Ops/AMU 42,700 42,700
Sq #2.
AF Eielson AFB F-35A Missile Maintenance 12,800 12,800
Facility.
AF Joint Base Elmendorf- Add/Alter AWACS Alert 29,000 29,000
Richardson Hangar.
Arizona
AF Luke AFB F-35A Squad Ops/Aircraft 20,000 20,000
Maint Unit #5.
Australia
AF Darwin APR--Aircraft MX Support 1,800 1,800
Facility.
AF Darwin APR--Expand Parking Apron.. 28,600 28,600
California
AF Edwards AFB Flightline Fire Station.... 24,000 24,000
Colorado
AF Buckley AFB Small Arms Range Complex... 13,500 13,500
Delaware
AF Dover AFB Aircraft Maintenance Hangar 39,000 39,000
Florida
AF Eglin AFB Advanced Munitions 75,000 75,000
Technology Complex.
AF Eglin AFB Dormitories (288 rooms).... 0 35,000
AF Eglin AFB Flightline Fire Station.... 13,600 13,600
AF Patrick AFB Fire/Crash Rescue Station.. 13,500 13,500
Georgia
AF Moody AFB Personnel Recovery 4-Bay 30,900 30,900
Hangar/Helo MX Unit.
Germany
AF Ramstein AB 37 AS Squadron Operations/ 13,437 13,437
Aircraft Maint Unit.
AF Spangdahlem AB EIC--Site Development and 43,465 43,465
Infrastructure.
Guam
AF Joint Region Marianas APR--Munitions Storage 35,300 35,300
Igloos, Ph 2.
AF Joint Region Marianas APR--SATCOM C4I Facility... 14,200 14,200
AF Joint Region Marianas Block 40 Maintenance Hangar 31,158 31,158
Illinois
AF Scott AFB Consolidated Corrosion 0 41,000
Facility add/alter.
Japan
AF Kadena AB APR--Replace Munitions 19,815 19,815
Structures.
AF Yokota AB C-130J Corrosion Control 23,777 23,777
Hangar.
AF Yokota AB Construct Combat Arms 8,243 8,243
Training & Maint Fac.
Kansas
AF McConnell AFB Air Traffic Control Tower.. 11,200 11,200
AF McConnell AFB KC-46A ADAL Taxiway Delta.. 5,600 5,600
AF McConnell AFB KC-46A Alter Flight 3,000 3,000
Simulator Bldgs.
Louisiana
AF Barksdale AFB Consolidated Communication 21,000 21,000
Facility.
Mariana Islands
AF Unspecified Location APR--Land Acquisition...... 9,000 9,000
Maryland
AF Joint Base Andrews 21 Points Enclosed Firing 13,000 13,000
Range.
AF Joint Base Andrews Consolidated Communications 0 50,000
Center.
AF Joint Base Andrews PAR Relocate JADOC 3,500 3,500
Satellite Site.
Massachusetts
AF Hanscom AFB Construct Vandenberg Gate 0 10,965
Complex.
AF Hanscom AFB System Management 20,000 20,000
Engineering Facility.
Montana
AF Malmstrom AFB Missile Maintenance 14,600 14,600
Facility.
Nevada
AF Nellis AFB F-35A POL Fill Stand 10,600 10,600
Addition.
New Mexico
AF Cannon AFB North Fitness Center....... 21,000 21,000
AF Holloman AFB Hazardous Cargo Pad and 10,600 10,600
Taxiway.
AF Kirtland AFB Combat Rescue Helicopter 7,300 7,300
Simulator.
Ohio
AF Wright-Patterson AFB Relocated Entry Control 12,600 12,600
Facility 26A.
Oklahoma
AF Altus AFB KC-46A FTU/FTC Simulator 11,600 11,600
Facility Ph 2.
AF Tinker AFB E-3G Mission and Flight 0 26,000
Simulator Training
Facility.
AF Tinker AFB KC-46A Depot System 17,000 17,000
Integration Laboratory.
South Carolina
AF Joint Base Charleston Fire & Rescue Station...... 0 17,000
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 6.... 67,300 67,300
Turkey
AF Incirlik AB Airfield Fire/Crash Rescue 13,449 13,449
Station.
United Arab Emirates
AF Al Dhafra Large Aircraft Maintenance 35,400 35,400
Hangar.
United Kingdom
AF RAF Croughton JIAC Consolidation--Ph 3... 53,082 53,082
AF RAF Croughton Main Gate Complex.......... 16,500 16,500
Utah
AF Hill AFB 649 MUNS Munitions Storage 6,600 6,600
Magazines.
AF Hill AFB 649 MUNS Precision Guided 8,700 8,700
Missile MX Facility.
AF Hill AFB 649 MUNS STAMP/Maint & 12,000 12,000
Inspection Facility.
AF Hill AFB Composite Aircraft Antenna 7,100 7,100
Calibration Fac.
AF Hill AFB F-35A Munitions Maintenance 10,100 10,100
Complex.
Virginia
AF Joint Base Langley- Air Force Targeting Center. 45,000 45,000
Eustis
AF Joint Base Langley- Fuel System Maintenance 14,200 14,200
Eustis Dock.
Washington
AF Fairchild AFB Pipeline Dorm, USAF SERE 27,000 27,000
School (150 RM).
Worldwide Unspecified
AF Various Worldwide Planning & Design.......... 143,582 143,582
Locations
AF Various Worldwide Unspecified Minor Military 30,000 40,000
Locations Construction.
Wyoming
AF F. E. Warren AFB Missile Transfer Facility 5,550 5,550
Bldg 4331.
........................
Military Construction, Air Force Total 1,481,058 1,686,523
......................
Alaska
Def-Wide Clear AFS Long Range Discrim Radar 155,000 155,000
Sys Complex Ph 1.
Def-Wide Fort Greely Missile Defense Complex 9,560 9,560
Switchgear Facility.
Def-Wide Joint Base Elmendorf- Construct Truck Offload 4,900 4,900
Richardson Facility.
Arizona
Def-Wide Fort Huachuca JITC Building 52110 4,493 4,493
Renovation.
California
Def-Wide Coronado SOF Human Performance 15,578 15,578
Training Center.
Def-Wide Coronado SOF Seal Team Ops Facility. 47,290 47,290
Def-Wide Coronado SOF Seal Team Ops Facility. 47,290 47,290
Def-Wide Coronado SOF Special RECON Team ONE 20,949 20,949
Operations Fac.
Def-Wide Coronado SOF Training Detachment ONE 44,305 44,305
Ops Facility.
Def-Wide Travis AFB Replace Hydrant Fuel System 26,500 26,500
Delaware
Def-Wide Dover AFB Welch ES/Dover MS 44,115 44,115
Replacement.
Diego Garcia
Def-Wide Diego Garcia Improve Wharf Refueling 30,000 30,000
Capability.
Florida
Def-Wide Patrick AFB Replace Fuel Tanks......... 10,100 10,100
Georgia
Def-Wide Fort Benning SOF Tactical Unmanned 4,820 4,820
Aerial Vehicle Hangar.
Def-Wide Fort Gordon Medical Clinic Replacement. 25,000 25,000
Germany
Def-Wide Kaiserlautern AB Sembach Elementary/Middle 45,221 45,221
School Replacement.
Def-Wide Rhine Ordnance Medical Center Replacement 58,063 58,063
Barracks Incr 6.
Japan
Def-Wide Iwakuni Construct Truck Offload & 6,664 6,664
Loading Facilities.
Def-Wide Kadena AB Kadena Elementary School 84,918 84,918
Replacement.
Def-Wide Kadena AB Medical Materiel Warehouse. 20,881 20,881
Def-Wide Kadena AB SOF Maintenance Hangar..... 42,823 42,823
Def-Wide Kadena AB SOF Simulator Facility (MC- 12,602 12,602
130).
Def-Wide Yokota AB Airfield Apron............. 41,294 41,294
Def-Wide Yokota AB Hangar/AMU................. 39,466 39,466
Def-Wide Yokota AB Operations and Warehouse 26,710 26,710
Facilities.
Def-Wide Yokota AB Simulator Facility......... 6,261 6,261
Kwajalein
Def-Wide Kwajalein Atoll Replace Fuel Storage Tanks. 85,500 85,500
Maine
Def-Wide Kittery Medical/Dental Clinic 27,100 27,100
Replacement.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Alteration 50,000 50,000
Hospital Incr 1.
Def-Wide Fort Meade Access Control Facility.... 21,000 21,000
Def-Wide Fort Meade NSAW Campus Feeders Phase 3 17,000 17,000
Def-Wide Fort Meade NSAW Recapitalize Building 195,000 195,000
#2 Incr 2.
Missouri
Def-Wide St. Louis Land Acquisition--Next NGA 801 801
West Campus.
North Carolina
Def-Wide Camp Lejeune Dental Clinic Replacement.. 31,000 31,000
Def-Wide Fort Bragg SOF Combat Medic Training 10,905 10,905
Facility.
Def-Wide Fort Bragg SOF Parachute Rigging 21,420 21,420
Facility.
Def-Wide Fort Bragg SOF Special Tactics 30,670 30,670
Facility (Ph 3).
Def-Wide Fort Bragg SOF Tactical Equipment 23,598 23,598
Maintenance Facility.
South Carolina
Def-Wide Joint Base Charleston Construct Hydrant Fuel 17,000 17,000
System.
Texas
Def-Wide Red River Army Depot Construct Warehouse & Open 44,700 44,700
Storage.
Def-Wide Sheppard AFB Medical/Dental Clinic 91,910 91,910
Replacement.
United Kingdom
Def-Wide RAF Croughton Croughton Elem/Middle/High 71,424 71,424
School Replacement.
Def-Wide RAF Lakenheath Construct Hydrant Fuel 13,500 13,500
System.
Virginia
Def-Wide Pentagon Pentagon Metro Entrance 12,111 12,111
Facility.
Def-Wide Pentagon Upgrade IT Facilities 8,105 8,105
Infrastructure--RRMC.
Wake Island
Def-Wide Wake Island Test Support Facility...... 11,670 11,670
Worldwide Unspecified
Def-Wide Unspecified Worldwide Battalion Complex.......... 0 0
Locations
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Conservation 10,000 0
Locations Investment Program Design.
Def-Wide Unspecified Worldwide Energy Conservation 150,000 150,000
Locations Investment Program.
Def-Wide Unspecified Worldwide Exercise Related Minor 8,631 8,631
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design, 13,450 23,450
Locations Defense Wide.
Def-Wide Unspecified Worldwide Planning and Design, DODEA. 23,585 23,585
Locations
Def-Wide Unspecified Worldwide Planning and Design, NGA... 71,647 36,000
Locations
Def-Wide Unspecified Worldwide Planning and Design, NSA... 24,000 24,000
Locations
Def-Wide Unspecified Worldwide Planning and Design, WHS... 3,427 3,427
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 5,994 5,994
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 8,500 8,500
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor Milcon... 3,913 3,913
Locations
Def-Wide Unspecified Worldwide Worldwide Unspecified Minor 2,414 2,414
Locations Construction.
Def-Wide Various Worldwide Planning & Design, DLA..... 27,660 27,660
Locations
Def-Wide Various Worldwide Planning and Design, SOCOM. 27,653 27,653
Locations
Worldwide Unspecified
Locations
Def-Wide Unspecified Worldwide Planning & Design, MDA..... 0 15,000
Locations
........................
Military Construction, Defense-Wide Total 2,056,091 2,025,444
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 177,932 177,932
Investment Program Program.
........................
NATO Security Investment Program Total 177,932 177,932
......................
Colorado
Army NG Fort Carson National Guard Readiness 0 16,500
Center.
Hawaii
Army NG Hilo Combined Support 31,000 31,000
Maintenance Shop.
Iowa
Army NG Davenport National Guard Readiness 23,000 23,000
Center.
Kansas
Army NG Fort Leavenworth National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Hooksett National Guard Vehicle 11,000 11,000
Maintenance Shop.
Army NG Rochester National Guard Vehicle 8,900 8,900
Maintenance Shop.
Oklahoma
Army NG Ardmore National Guard Readiness 22,000 22,000
Center.
Pennsylvania
Army NG Fort Indiantown Gap Access Control Buildings... 0 20,000
Army NG York National Guard Readiness 9,300 9,300
Center.
Rhode Island
Army NG East Greenwich National Guard/Reserve 20,000 20,000
Center Building (JFHQ).
Utah
Army NG Camp Williams National Guard Readiness 37,000 37,000
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 8,729 8,729
Locations
Army NG Unspecified Worldwide Unspecified Minor 12,001 12,001
Locations Construction.
Wyoming
Army NG Camp Guernsey General Instruction 0 31,000
Building.
Army NG Laramie National Guard Readiness 21,000 21,000
Center.
........................
Military Construction, Army National Guard Total 232,930 300,430
......................
Arizona
Army Res Phoenix Army Reserve Center........ 0 30,000
California
Army Res Barstow Equipment Concentration 0 0
Site.
Army Res Camp Parks Transient Training Barracks 19,000 19,000
Army Res Fort Hunter Liggett Emergency Services Center.. 21,500 21,500
Virginia
Army Res Dublin Organizational Maintenance 6,000 6,000
Shop/AMSA.
Washington
Army Res Joint Base Lewis- Army Reserve Center........ 0 0
McChord
Wisconsin
Army Res Fort McCoy AT/MOB Dining Facility..... 11,400 11,400
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 7,500 7,500
Locations
Army Res Unspecified Worldwide Unspecified Minor 2,830 2,830
Locations Construction.
........................
Military Construction, Army Reserve Total 68,230 98,230
......................
Louisiana
N/MC Res New Orleans Joint Reserve Intelligence 11,207 11,207
Center.
New York
N/MC Res Brooklyn Electric Feeder Ductbank... 1,964 1,964
N/MC Res Syracuse Marine Corps Reserve Center 13,229 13,229
Texas
N/MC Res Galveston Reserve Center Annex....... 8,414 8,414
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design..... 3,783 3,783
Locations
........................
Military Construction, Naval Reserve Total 38,597 38,597
......................
Connecticut
Air NG Bradley IAP Construct Small Air 6,300 6,300
Terminal.
Florida
Air NG Jacksonville IAP Replace Fire Crash/Rescue 9,000 9,000
Station.
Hawaii
Air NG Joint Base Pearl F-22 Composite Repair 11,000 11,000
Harbor-Hickam Facility.
Iowa
Air NG Sioux Gateway Airport Construct Consolidated 12,600 12,600
Support Functions.
Maryland
Air NG Joint Base Andrews Munitions Load Crew Trng/ 0 5,000
Corrosion Cntrl Facility.
Minnesota
Air NG Duluth IAP Load Crew Training/Weapon 7,600 7,600
Shops.
New Hampshire
Air NG Pease International KC-46A Install Fuselage 1,500 1,500
Trade Port Trainer Bldg 251.
North Carolina
Air NG Charlotte/Douglas IAP C-17 Corrosion Control/Fuel 29,600 29,600
Cell Hangar.
Air NG Charlotte/Douglas IAP C-17 Type III Hydrant 21,000 21,000
Refueling System.
Ohio
Air NG Toledo Express Airport Indoor Small Arms Range.... 0 6,000
South Carolina
Air NG McEntire ANGS Replace Operations and 8,400 8,400
Training Facility.
Texas
Air NG Ellington Field Consolidate Crew Readiness 4,500 4,500
Facility.
Vermont
Air NG Burlington IAP F-35 Beddown 4-Bay Flight 4,500 4,500
Simulator.
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 17,495 17,495
Locations Construction.
Air NG Various Worldwide Planning and Design........ 10,462 10,462
Locations
........................
Military Construction, Air National Guard Total 143,957 154,957
......................
Guam
AF Res Andersen AFB Reserve Medical Training 0 0
Facility.
Massachusetts
AF Res Westover ARB Indoor Small Arms Range.... 0 0
North Carolina
AF Res Seymour Johnson AFB KC-46A ADAL Bldg for AGE/ 5,700 5,700
Fuselage Training.
AF Res Seymour Johnson AFB KC-46A ADAL Squadron 2,250 2,250
Operations Facilities.
AF Res Seymour Johnson AFB KC-46A Two Bay Corrosion/ 90,000 90,000
Fuel Cell Hangar.
Pennsylvania
AF Res Pittsburgh IAP C-17 ADAL Fuel Hydrant 22,800 22,800
System.
AF Res Pittsburgh IAP C-17 Const/OverlayTaxiway 8,200 8,200
and Apron.
AF Res Pittsburgh IAP C-17 Construct Two Bay 54,000 54,000
Corrosion/Fuel Hangar.
Utah
AF Res Hill AFB ADAL Life Support Facility. 0 0
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design.......... 4,500 4,500
Locations
AF Res Unspecified Worldwide Unspecified Minor 1,500 1,500
Locations Construction.
........................
Military Construction, Air Force Reserve Total 188,950 188,950
......................
Korea
FH Con Army Camp Humphreys Family Housing New 143,563 100,000
Construction, Incr 1.
FH Con Army Camp Walker Family Housing New 54,554 54,554
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Planning & Design.......... 2,618 2,618
Locations
........................
Family Housing Construction, Army Total 200,735 157,172
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 10,178 10,178
Locations
FH Ops Army Unspecified Worldwide Housing Privatization 19,146 19,146
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 131,761 131,761
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 60,745 60,745
Locations
FH Ops Army Unspecified Worldwide Management................. 40,344 40,344
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 400 400
Locations
FH Ops Army Unspecified Worldwide Services................... 7,993 7,993
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 55,428 55,428
Locations
........................
Family Housing Operation And Maintenance, Army Total 325,995 325,995
......................
Mariana Islands
FH Con Navy Guam Replace Andersen Housing Ph 78,815 78,815
I.
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 11,047 11,047
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 4,149 4,149
Locations
........................
Family Housing Construction, Navy And Marine Corps Total 94,011 94,011
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 17,457 17,457
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 26,320 26,320
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 54,689 54,689
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 81,254 81,254
Locations
FH Ops Navy Unspecified Worldwide Management................. 51,291 51,291
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 364 364
Locations
FH Ops Navy Unspecified Worldwide Services................... 12,855 12,855
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 56,685 56,685
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 300,915 300,915
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 56,984 56,984
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 4,368 4,368
Locations
........................
Family Housing Construction, Air Force Total 61,352 61,352
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 31,690 31,690
Locations
FH Ops AF Unspecified Worldwide Housing Privatization 41,809 41,809
Locations Support.
FH Ops AF Unspecified Worldwide Leasing.................... 20,530 20,530
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 85,469 85,469
Locations
FH Ops AF Unspecified Worldwide Management................. 42,919 42,919
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 1,745 1,745
Locations
FH Ops AF Unspecified Worldwide Services................... 13,026 13,026
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 37,241 37,241
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 274,429 274,429
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings................ 20 20
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 500 500
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 399 399
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 40,984 40,984
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 11,044 11,044
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 349 349
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 800 800
Locations
FH Ops DW Unspecified Worldwide Management................. 388 388
Locations
FH Ops DW Unspecified Worldwide Services................... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 174 174
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 367 367
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 59,157 59,157
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Program Expenses........... 3,258 3,258
Locations
........................
DoD Family Housing Improvement Fund Total 3,258 3,258
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 14,499 24,499
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 14,499 24,499
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment & Closure. 110,606 135,606
Closure, Navy
BRAC Unspecified Worldwide DON-100: Planning, Design 4,604 4,604
Locations and Management.
BRAC Unspecified Worldwide DON-101: Various Locations. 10,461 10,461
Locations
BRAC Unspecified Worldwide DON-138: NAS Brunswick, ME. 557 557
Locations
BRAC Unspecified Worldwide DON-157: MCSA Kansas City, 100 100
Locations MO.
BRAC Unspecified Worldwide DON-172: NWS Seal Beach, 4,648 4,648
Locations Concord, CA.
BRAC Unspecified Worldwide DON-84: JRB Willow Grove & 3,397 3,397
Locations Cambria Reg AP.
........................
Base Realignment and Closure--Navy Total 134,373 159,373
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DoD BRAC Activities--Air 56,365 56,365
Locations Force.
........................
Base Realignment and Closure--Air Force Total 56,365 56,365
......................
Worldwide Unspecified
PYS Unspecified Worldwide Planning and Design, 0 -30,000
Locations Defense Wide.
PYS Worldwide Air Force.................. 0 -51,460
PYS Worldwide Army....................... 0 -29,602
PYS Worldwide Defense-Wide............... 0 -141,600
PYS Worldwide Navy....................... 0 0
Worldwide Unspecified
Locations
PYS Worldwide HAP........................ 0 -25,000
PYS Worldwide NSIP....................... 0 -30,000
........................
Prior Year Savings Total 0 -307,662
......................
Total, Military Construction 7,444,056 7,709,565
----------------------------------------------------------------------------------------------------------------

SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.

----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2017 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide ERI: Planning and Design.... 18,900 18,900
Locations
.........................
Military Construction, Army Total 18,900 18,900
.......................
Iceland
Navy Keflavik ERI: P-8A Aircraft Rinse 5,000 5,000
Rack.
Navy Keflavik ERI: P-8A Hangar Upgrade.... 14,600 14,600
Worldwide Unspecified
Navy Unspecified Worldwide ERI: Planning and Design.... 1,800 1,800
Locations
.........................
Military Construction, Navy Total 21,400 21,400
.......................
Bulgaria
AF Graf Ignatievo ERI: Construct Sq Ops/ 3,800 3,800
Operational Alert Fac.
AF Graf Ignatievo ERI: Fighter Ramp Extension. 7,000 7,000
AF Graf Ignatievo ERI: Upgrade Munitions 2,600 2,600
Storage Area.
Djibouti
AF Chabelley Airfield OCO: Construct Chabelley 3,600 3,600
Access Road.
AF Chabelley Airfield OCO: Construct Parking Apron 6,900 6,900
and Taxiway.
Estonia
AF Amari AB ERI: Construct Bulk Fuel 6,500 6,500
Storage.
Germany
AF Spangdahlem AB ERI: Construct High Cap Trim 1,000 1,000
Pad & Hush House.
AF Spangdahlem AB ERI: F/A-22 Low Observable/ 12,000 12,000
Comp Repair Fac.
AF Spangdahlem AB ERI: F/A-22 Upgrade 1,600 1,600
Infrastructure/Comm/Util.
AF Spangdahlem AB ERI: Upgrade Hardened 2,700 2,700
Aircraft Shelters.
AF Spangdahlem AB ERI: Upgrade Munitions 1,400 1,400
Storage Doors.
Lithuania
AF Siauliai ERI: Munitions Storage...... 3,000 3,000
Poland
AF Lask AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
AF Powidz AB ERI: Construct Squadron 4,100 4,100
Operations Facility.
Romania
AF Campia Turzii ERI: Construct Munitions 3,000 3,000
Storage Area.
AF Campia Turzii ERI: Construct Squadron 3,400 3,400
Operations Facility.
AF Campia Turzii ERI: Construct Two-Bay 6,100 6,100
Hangar.
AF Campia Turzii ERI: Extend Parking Aprons.. 6,000 6,000
Worldwide Unspecified
AF Unspecified Worldwide CTP: Planning and Design.... 9,000 8,551
Locations
AF Unspecified Worldwide OCO: Planning and Design.... 940 940
Locations
.........................
Military Construction, Air Force Total 88,740 88,291
.......................
Worldwide Unspecified
Def-Wide Unspecified Worldwide ERI: Unspecified Minor 5,000 5,000
Locations Construction.
.........................
Military Construction, Defense-Wide Total 5,000 5,000
.......................
Total, Military Construction 134,040 133,591
----------------------------------------------------------------------------------------------------------------

SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS
FOR BASE REQUIREMENTS.

----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS FOR BASE REQUIREMENTS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2017 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Djibouti
Navy Camp Lemonier OCO: Medical/Dental 37,409 37,409
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 1,000 1,000
.................................
Military Construction, Navy Total 38,409 38,409
...............................
Total, Military Construction 38,409 38,409
----------------------------------------------------------------------------------------------------------------

TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2017 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 151,876 136,616

Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 9,243,147 9,429,029
Defense nuclear nonproliferation.. 1,807,916 1,886,916
Naval reactors.................... 1,420,120 1,417,620
Federal salaries and expenses..... 412,817 395,517
Total, National nuclear security 12,884,000 13,129,082
administration.....................

Environmental and other defense
activities:
Defense environmental cleanup..... 5,382,050 5,273,558
Other defense activities.......... 791,552 789,552
Total, Environmental & other defense 6,173,602 6,063,110
activities.........................
Total, Atomic Energy Defense 19,057,602 19,192,192
Activities...........................
Total, Discretionary Funding.............. 19,209,478 19,328,808

Nuclear Energy
Idaho sitewide safeguards and security.. 129,303 129,303
Idaho operations and maintenance........ 7,313 7,313
Consent Based Siting.................... 15,260 0
Denial of funds for defense-only [-15,260]
repository...........................
Total, Nuclear Energy..................... 151,876 136,616

Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program.......... 616,079 616,079
W76 Life extension program.......... 222,880 222,880
W88 Alt 370......................... 281,129 281,129
W80-4 Life extension program........ 220,253 220,253
Total, Life extension programs........ 1,340,341 1,340,341

Stockpile systems
B61 Stockpile systems............... 57,313 57,313
W76 Stockpile systems............... 38,604 38,604
W78 Stockpile systems............... 56,413 56,413
W80 Stockpile systems............... 64,631 64,631
B83 Stockpile systems............... 41,659 41,659
W87 Stockpile systems............... 81,982 81,982
W88 Stockpile systems............... 103,074 103,074
Total, Stockpile systems.............. 443,676 443,676

Weapons dismantlement and disposition
Operations and maintenance.......... 68,984 56,000
Denial of dismantlement [-12,984]
acceleration.....................

Stockpile services
Production support.................. 457,043 457,043
Research and development support.... 34,187 34,187
R&D certification and safety........ 156,481 156,481
Management, technology, and 251,978 251,978
production.........................
Total, Stockpile services............. 899,689 899,689

Nuclear material commodities
Uranium sustainment................. 20,988 20,988
Plutonium sustainment............... 184,970 184,970
Tritium sustainment................. 109,787 109,787
Domestic uranium enrichment......... 50,000 50,000
Strategic materials sustainment..... 212,092 212,092
Total, Nuclear material commodities... 577,837 577,837
Total, Directed stockpile work.......... 3,330,527 3,317,543

Research, development, test and
evaluation (RDT&E)
Science
Advanced certification.............. 58,000 58,000
Primary assessment technologies..... 99,000 99,000
Dynamic materials properties........ 106,000 106,000
Advanced radiography................ 50,500 50,500
Secondary assessment technologies... 76,000 76,000
Academic alliances and partnerships. 52,484 52,484
Total, Science........................ 441,984 441,984

Engineering
Enhanced surety..................... 37,196 37,196
Weapon systems engineering 16,958 16,958
assessment technology..............
Nuclear survivability............... 43,105 43,105
Enhanced surveillance............... 42,228 42,228
Total, Engineering ................... 139,487 139,487

Inertial confinement fusion ignition
and high yield
Ignition............................ 75,432 75,432
Support of other stockpile programs. 23,363 23,363
Diagnostics, cryogenics and 68,696 68,696
experimental support...............
Pulsed power inertial confinement 5,616 5,616
fusion.............................
Joint program in high energy density 9,492 9,492
laboratory plasmas.................
Facility operations and target 340,360 340,360
production.........................
Total, Inertial confinement fusion and 522,959 522,959
high yield...........................

Advanced simulation and computing..... 663,184 656,184
Program decrease.................... [-7,000]

Stockpile Responsiveness Program...... 0 40,000
Program increase.................... [40,000]

Advanced manufacturing
Additive manufacturing.............. 12,000 12,000
Component manufacturing development. 46,583 46,583
Processing technology development... 28,522 28,522
Total, Advanced manufacturing......... 87,105 87,105
Total, RDT&E............................ 1,854,719 1,887,719

Infrastructure and operations (formerly
RTBF)
Operating
Operations of facilities
Kansas City Plant................. 101,000 101,000
Lawrence Livermore National 70,500 70,500
Laboratory.......................
Los Alamos National Laboratory.... 196,500 196,500
Nevada Test Site.................. 92,500 92,500
Pantex............................ 55,000 55,000
Sandia National Laboratory........ 118,000 118,000
Savannah River Site............... 83,500 83,500
Y-12 National security complex.... 107,000 107,000
Total, Operations of facilities..... 824,000 824,000

Safety and environmental operations... 110,000 110,000

Maintenance and repair of facilities.. 294,000 324,000
Address high-priority preventative [30,000]
maintenance........................

Recapitalization:
Infrastructure and safety........... 554,643 630,509
Address high-priority deferred [75,866]
maintenance......................
Capability based investment......... 112,639 112,639
Total, Recapitalization............... 667,282 743,148

Construction:
17-D-640 U1a Complex Enhancements 11,500 11,500
Project, NNSS......................
17-D-630 Electrical Infrastructure 25,000 25,000
Upgrades, LLNL.....................
16-D-515 Albuquerque complex 15,047 15,047
upgrades project...................
15-D-613 Emergency Operations 2,000 2,000
Center, Y-12.......................
15-D-302 TA-55 Reinvestment project, 21,455 21,455
Phase 3, LANL......................
07-D-220-04 Transuranic liquid waste 17,053 17,053
facility, LANL.....................
06-D-141 PED/Construction, UPF Y-12, 575,000 575,000
Oak Ridge, TN......................
04-D-125 Chemistry and metallurgy 159,615 159,615
research replacement project, LANL.
Total, Construction................... 826,670 826,670
Total, Infrastructure and operations.... 2,721,952 2,827,818

Secure transportation asset
Operations and equipment.............. 179,132 179,132
Program direction..................... 103,600 103,600
Total, Secure transportation asset...... 282,732 282,732

Defense nuclear security
Operations and maintenance............ 657,133 693,133
Support to physical security [36,000]
infrastructure recapitalization and
CSTART.............................
Construction:
14-D-710 Device assembly facility 13,000 13,000
argus installation project, NV.....
17-D-710 West end protected area 0 24,000
reduction project, Y-12............
Total, Defense nuclear security......... 670,133 730,133

Information technology and cybersecurity 176,592 176,592
Legacy contractor pensions.............. 248,492 248,492
Rescission of prior year balances....... -42,000 -42,000
Total, Weapons Activities................. 9,243,147 9,429,029

Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Defense Nuclear Nonproliferation R&D
Global material security............ 337,108 337,108
Material management and minimization 341,094 321,094
Program decrease.................. [-20,000]
Nonproliferation and arms control... 124,703 124,703
Defense Nuclear Nonproliferation R&D 393,922 417,922
Acceleration of low-yield [4,000]
detection experiments............
Nuclear detection technology and [20,000]
new challenges such as 3D
printing.........................
Low Enriched Uranium R&D for Naval 0 5,000
Reactors...........................
Low Enriched Uranium R&D for Naval [5,000]
Reactors.........................

Nonproliferation Construction:
99-D-143 Mixed Oxide (MOX) Fuel 270,000 340,000
Fabrication Facility, SRS........
Increase to support construction [70,000]
Total, Nonproliferation construction 270,000 340,000
Total, Defense Nuclear 1,466,827 1,545,827
Nonproliferation Programs............

Legacy contractor pensions.............. 83,208 83,208
Nuclear counterterrorism and incident 271,881 271,881
response program.......................
Rescission of prior year balances....... -14,000 -14,000
Total, Defense Nuclear Nonproliferation... 1,807,916 1,886,916

Naval Reactors
Naval reactors operations and 449,682 447,182
infrastructure.........................
Naval reactors development.............. 437,338 437,338
Ohio replacement reactor systems 213,700 213,700
development............................
S8G Prototype refueling................. 124,000 124,000
Program direction....................... 47,100 47,100
Construction:
17-D-911, BL Fire System Upgrade...... 1,400 1,400
15-D-904 NRF Overpack Storage 700 700
Expansion 3..........................
15-D-902 KS Engineroom team trainer 33,300 33,300
facility.............................
14-D-901 Spent fuel handling 100,000 100,000
recapitalization project, NRF........
10-D-903, Security upgrades, KAPL..... 12,900 12,900
Total, Construction..................... 148,300 148,300
Total, Naval Reactors..................... 1,420,120 1,417,620

Federal Salaries And Expenses
Program direction....................... 412,817 395,517
Program decrease...................... [-17,300]
Total, Office Of The Administrator........ 412,817 395,517

Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 9,389 9,389

Hanford site:
River corridor and other cleanup 69,755 114,755
operations...........................
Acceleration of priority programs... [45,000]
Central plateau remediation........... 620,869 644,369
Acceleration of priority programs... [23,500]
Richland community and regulatory 14,701 14,701
support..............................
Construction:
15-D-401 Containerized sludge 11,486 11,486
removal annex, RL..................
Total, Hanford site..................... 716,811 785,311

Idaho National Laboratory:
Idaho cleanup and waste disposition... 359,088 359,088
Idaho community and regulatory support 3,000 3,000
Total, Idaho National Laboratory........ 362,088 362,088

Los Alamos National Laboratory
EMLA cleanup activities............... 185,606 195,606
Program Increase.................... [10,000]
EMLA community and regulatory support. 3,394 3,394
Total, Los Alamos National Laboratory... 189,000 199,000

NNSA sites
Lawrence Livermore National Laboratory 1,396 1,396
Separations Process Research Unit..... 3,685 3,685
Nevada................................ 62,176 62,176
Sandia National Laboratories.......... 4,130 4,130
Total, NNSA sites and Nevada off-sites.. 71,387 71,387

Oak Ridge Reservation:
OR Nuclear facility D & D
OR Nuclear facility D & D........... 93,851 93,851
Construction:
14-D-403 Outfall 200 Mercury 5,100 5,100
Treatment Facility...............
Total, OR Nuclear facility D & D...... 98,951 98,951

U233 Disposition Program.............. 37,311 37,311
OR cleanup and disposition............ 54,557 54,557
OR reservation community and 4,400 4,400
regulatory support...................
Oak Ridge technology development...... 3,000 3,000
Total, Oak Ridge Reservation............ 198,219 198,219

Office of River Protection:
Waste treatment and immobilization
plant
WTP operations...................... 3,000 3,000
15-D-409 Low activity waste 73,000 73,000
pretreatment system, ORP...........
01-D-416 A-D/ORP-0060 / Major 690,000 690,000
construction.......................
Total, Waste treatment and 766,000 766,000
immobilization plant.................

Tank farm activities
Rad liquid tank waste stabilization 721,456 721,456
and disposition....................
Total, Tank farm activities........... 721,456 721,456
Total, Office of River protection....... 1,487,456 1,487,456

Savannah River sites:
Nuclear Material Management........... 311,062 311,062
Environmental Cleanup................. 152,504 152,504
SR community and regulatory support... 11,249 11,249

Radioactive liquid tank waste:
Radioactive liquid tank waste 645,332 645,332
stabilization and disposition......
Construction:
15-D-402--Saltstone Disposal Unit 7,577 7,577
#6, SRS..........................
17-D-401--Saltstone Disposal Unit 9,729 9,729
#7...............................
05-D-405 Salt waste processing 160,000 160,000
facility, Savannah River Site....
Total, Construction................. 177,306 177,306
Total, Radioactive liquid tank waste.. 822,638 822,638
Total, Savannah River site.............. 1,297,453 1,297,453

Waste Isolation Pilot Plant
Operations and maintenance............ 257,188 267,188
Program increase.................... [10,000]
Construction:
15-D-411 Safety significant 2,532 2,532
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 2,533 2,533
Total, Construction................... 5,065 5,065
Total, Waste Isolation Pilot Plant...... 262,253 272,253

Program direction....................... 290,050 290,050
Program support......................... 14,979 14,979
Safeguards and Security................. 255,973 255,973
Technology development.................. 30,000 30,000
Infrastructure recapitalization......... 41,892 0
Defense Uranium enrichment D&D.......... 155,100 0
Ahead of need......................... [-155,100]
Subtotal, Defense environmental cleanup... 5,382,050 5,273,558

Total, Defense Environmental Cleanup...... 5,382,050 5,273,558

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 130,693 128,693
security.............................
Program direction..................... 66,519 66,519
Total, Environment, health, safety and 197,212 195,212
security...............................

Independent enterprise assessments
Independent enterprise assessments.... 24,580 24,580
Program direction..................... 51,893 51,893
Total, Independent enterprise 76,473 76,473
assessments............................

Specialized security activities......... 237,912 237,912

Office of Legacy Management
Legacy management..................... 140,306 140,306
Program direction..................... 14,014 14,014
Total, Office of Legacy Management...... 154,320 154,320

Defense-related activities
Defense related administrative support
Chief financial officer............... 23,642 23,642
Chief information officer............. 93,074 93,074
Project management oversight and 3,000 3,000
assessments..........................
Total, Defense related administrative 119,716 116,716
support................................

Office of hearings and appeals.......... 5,919 5,919
Subtotal, Other defense activities........ 791,552 789,552
Total, Other Defense Activities........... 791,552 789,552
------------------------------------------------------------------------

DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM

SEC. 5001. SHORT TITLE.
This division may be cited as the ``Military Justice Act of 2016''.

TITLE LI--GENERAL PROVISIONS

Sec. 5101. Definitions.
Sec. 5102. Clarification of persons subject to UCMJ while on inactive-
duty training.
Sec. 5103. Staff judge advocate disqualification due to prior
involvement in case.
Sec. 5104. Conforming amendment relating to military magistrates.
Sec. 5105. Rights of victim.
SEC. 5101. DEFINITIONS.
(a) Military Judge.--Paragraph (10) of section 801 of title 10,
United States Code (article 1 of the Uniform Code of Military Justice),
is amended to read as follows:
``(10) The term `military judge' means a judge advocate
designated under section 826(c) of this title (article 26(c)) who
is detailed under section 826(a) or section 830a of this title
(article 26(a) or 30a).''.
(b) Judge Advocate.--Paragraph (13) of such section (article) is
amended--
(1) in subparagraph (A), by striking ``the Army or the Navy''
and inserting ``the Army, the Navy, or the Air Force''; and
(2) in subparagraph (B), by striking ``the Air Force or''.
SEC. 5102. CLARIFICATION OF PERSONS SUBJECT TO UCMJ WHILE ON INACTIVE-
DUTY TRAINING.
Paragraph (3) of section 802(a) of title 10, United States Code
(article 2(a) of the Uniform Code of Military Justice), is amended to
read as follows:
``(3)(A) While on inactive-duty training and during any of the
periods specified in subparagraph (B)--
``(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.
Sec. 5122. Modification of prohibition of confinement of members of the
Armed Forces with enemy prisoners and certain others.
SEC. 5121. RESTRAINT OF PERSONS CHARGED.
Section 810 of title 10, United States Code (article 10 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 810. Art. 10. Restraint of persons charged
``(a) In General.--(1) Subject to paragraph (2), any person subject
to this chapter who is charged with an offense under this chapter may
be ordered into arrest or confinement as the circumstances require.
``(2) When a person subject to this chapter is charged only with an
offense that is normally tried by summary court-martial, the person
ordinarily shall not be ordered into confinement.
``(b) Notification to Accused and Related Procedures.--(1) When a
person subject to this chapter is ordered into arrest or confinement
before trial, immediate steps shall be taken--
``(A) to inform the person of the specific offense of which the
person is accused; and
``(B) to try the person or to dismiss the charges and release
the person.
``(2) To facilitate compliance with paragraph (1), the President
shall prescribe regulations setting forth procedures relating to
referral for trial, including procedures for prompt forwarding of the
charges and specifications and, if applicable, the preliminary hearing
report submitted under section 832 of this title (article 32).''.
SEC. 5122. MODIFICATION OF PROHIBITION OF CONFINEMENT OF MEMBERS OF THE
ARMED FORCES WITH ENEMY PRISONERS AND CERTAIN OTHERS.
Section 812 of title 10, United States Code (article 12 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 812. Art. 12. Prohibition of confinement of members of the armed
forces with enemy prisoners and certain others
``No member of the armed forces may be placed in confinement in
immediate association with--
``(1) enemy prisoners; or
``(2) other individuals--
``(A) who are detained under the law of war and are foreign
nationals; and
``(B) who are not members of the armed forces.''.

TITLE LIII--NON-JUDICIAL PUNISHMENT

Sec. 5141. Modification of confinement as non-judicial punishment.
SEC. 5141. MODIFICATION OF CONFINEMENT AS NON-JUDICIAL PUNISHMENT.
Section 815 of title 10, United States Code (article 15 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), by striking ``on bread and water
or diminished rations''; and
(B) in the undesignated matter after paragraph (2), by
striking ``on bread and water or diminished rations'' in the
sentence beginning ``No two or more''; and
(2) in subsection (d), by striking ``on bread and water or
diminished rations'' in paragraphs (2) and (3).

TITLE LIV--COURT-MARTIAL JURISDICTION

Sec. 5161. Courts-martial classified.
Sec. 5162. Jurisdiction of general courts-martial.
Sec. 5163. Jurisdiction of special courts-martial.
Sec. 5164. Summary court-martial as non-criminal forum.
SEC. 5161. COURTS-MARTIAL CLASSIFIED.
Section 816 of title 10, United States Code (article 16 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 816. Art 16. Courts-martial classified
``(a) In General.--The three kinds of courts-martial in each of the
armed forces are the following:
``(1) General courts-martial, as described in subsection (b).
``(2) Special courts-martial, as described in subsection (c).
``(3) Summary courts-martial, as described in subsection (d).
``(b) General Courts-martial.--General courts-martial are of the
following three types:
``(1) A general court-martial consisting of a military judge
and eight members, subject to sections 825(d)(3) and 829 of this
title (articles 25(d)(3) and 29).
``(2) In a capital case, a general court-martial consisting of
a military judge and the number of members determined 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.
Sec. 5182. Who may serve on courts-martial and related matters.
Sec. 5183. Number of court-martial members in capital cases.
Sec. 5184. Detailing, qualifications, and other matters relating to
military judges.
Sec. 5185. Military magistrates.
Sec. 5186. Qualifications of trial counsel and defense counsel.
Sec. 5187. Assembly and impaneling of members and related matters.
SEC. 5181. TECHNICAL AMENDMENT RELATING TO PERSONS AUTHORIZED TO
CONVENE GENERAL COURTS-MARTIAL.
Section 822(a)(6) of title 10, United States Code (article 22(a)(6)
of the Uniform Code of Military Justice), is amended by striking ``in
chief''.
SEC. 5182. WHO MAY SERVE ON COURTS-MARTIAL AND RELATED MATTERS.
(a) Who May Serve on Courts-martial.--Subsection (c) of section 825
of title 10, United States Code (article 25 of the Uniform Code of
Military Justice), is amended to read as follows:
``(c)(1) Any enlisted member on active duty is eligible to serve on
a general or special court-martial for the trial of any other enlisted
member.
``(2) Before a court-martial with a military judge and members is
assembled for trial, an enlisted member who is an accused may
personally request, orally on the record or in writing, that--
``(A) the membership of the court-martial be comprised entirely
of officers; or
``(B) enlisted members comprise at least one-third of the
membership of the court-martial, regardless of whether enlisted
members have been detailed to the court-martial.
``(3) Except as provided in paragraph (4), after such a request,
the accused may not be tried by a general or special court-martial if
the membership of the court-martial is inconsistent with the request.
``(4) If, because of physical conditions or military exigencies, a
sufficient number of eligible officers or enlisted members, as the case
may be, is not available to carry out paragraph (2), the trial may
nevertheless be held. In that event, the convening authority shall make
a detailed written statement of the reasons for nonavailability. The
statement shall be appended to the record.''.
(b) Who May Sentence.--Such section (article) is further amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as provided in paragraph (2) for capital offenses,
the accused in a court-martial with a military judge and members may,
after the findings are announced and before any matter is presented in
the sentencing phase, request, orally on the record or in writing,
sentencing by members.
``(2) In a capital case, the accused shall be sentenced by the
members for all offenses for which the court-martial may sentence the
accused to death in accordance with section 853(c) of this title
(article 53(c)).
``(3) In a capital case, if the accused is convicted of a non-
capital offense, the accused shall be sentenced for such non-capital
offense in accordance with section 853(b) of this title (article
53(b)), regardless of whether the accused is convicted of an offense
for which the court-martial may sentence the accused to death.''.
(c) Detail of Members.--Subsection (e) of such section (article),
as redesignated by subsection (b)(1) of this section, is amended by
adding at the end the following new paragraph:
``(3) The convening authority shall detail not less than the number
of members necessary to impanel the court-martial under section 829 of
this title (article 29).''.
SEC. 5183. NUMBER OF COURT-MARTIAL MEMBERS IN CAPITAL CASES.
Section 825a of title 10, United States Code (article 25a of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 825a. Art. 25a. Number of court-martial members in capital cases
``(a) In General.--In a case in which the accused may be sentenced
to death, the number of members shall be 12.
``(b) Case No Longer Capital.--Subject to section 829 of this title
(article 29)--
``(1) if a case is referred for trial as a capital case and,
before the members are impaneled, the accused may no longer be
sentenced to death, the number of members shall be eight; and
``(2) if a case is referred for trial as a capital case and,
after the members are impaneled, the accused may no longer be
sentenced to death, the number of members shall remain 12.''.
SEC. 5184. DETAILING, QUALIFICATIONS, AND OTHER MATTERS RELATING TO
MILITARY JUDGES.
(a) Detail to Special Courts-martial.--Subsection (a) of section
826 of title 10, United States Code (article 26 of the Uniform Code of
Military Justice), is amended--
(1) in the first sentence, by inserting after ``each general''
the following: ``and special''; and
(2) by striking the second sentence.
(b) Qualifications.--Subsection (b) of such section (article) is
amended by striking ``qualified for duty'' and inserting ``qualified,
by reason of education, training, experience, and judicial temperament,
for duty''.
(c) Detail and Assignment.--Subsection (c) of such section
(article) is amended to read as follows:
``(c)(1) In accordance with regulations prescribed under subsection
(a), a military judge of a general or special court-martial shall be
designated for detail by the Judge Advocate General of the armed force
of which the military judge is a member.
``(2) Neither the convening authority nor any member of the staff
of the convening authority shall prepare or review any report
concerning the effectiveness, fitness, or efficiency of the military
judge so detailed, which relates to the military judge's performance of
duty as a military judge.
``(3) A commissioned officer who is certified to be qualified for
duty as a military judge of a general court-martial--
``(A) may perform such duties only when the officer is assigned
and directly responsible to the Judge Advocate General of the armed
force of which the military judge is a member; and
``(B) may perform duties of a judicial or nonjudicial nature
other than those relating to the officer's primary duty as a
military judge of a general court-martial when such duties are
assigned to the officer by or with the approval of that Judge
Advocate General.
``(4) In accordance with regulations prescribed by the President,
assignments of military judges under this section (article) shall be
for appropriate minimum periods, subject to such exceptions as may be
authorized in the regulations.''.
(d) Detail to a Different Armed Force.--Such section (article) is
further amended by adding at the end the following new subsection:
``(f) A military judge may be detailed under subsection (a) to a
court-martial or a proceeding under section 830a of this title (article
30a) that is convened in a different armed force, when so permitted by
the Judge Advocate General of the armed force of which the military
judge is a member.''.
(e) Chief Trial Judges.--Such section (article), as amended by
subsection (d), is further amended by adding at the end the following
new subsection:
``(g) In accordance with regulations prescribed by the President,
each Judge Advocate General shall designate a chief trial judge from
among the members of the applicable trial judiciary.''.
SEC. 5185. MILITARY MAGISTRATES.
Subchapter V of chapter 47 of title 10, United States Code, is
amended by inserting after section 826 (article 26 of the Uniform Code
of Military Justice) the following new section (article):
``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.''.
SEC. 5186. QUALIFICATIONS OF TRIAL COUNSEL AND DEFENSE COUNSEL.
Section 827 of title 10, United States Code (article 27 of the
Uniform Code of Military Justice), is amended--
(1) in the first sentence of paragraph (2) of subsection (a),
by striking ``No person'' and all that follows through ``trial
counsel,'' the first place it appears and inserting ``No person
who, with respect to a case, has served as a preliminary hearing
officer, court member, military judge, military magistrate, or
appellate judge, may later serve as trial counsel,'';
(2) in the first sentence of subsection (b), by striking
``Trial counsel or defense counsel'' and inserting ``Trial counsel,
defense counsel, or assistant defense counsel''; and
(3) by striking subsection (c) and inserting the following new
subsections:
``(c)(1) Defense counsel and assistant defense counsel detailed for
a special court-martial shall have the qualifications set forth in
subsection (b).
``(2) Trial counsel and assistant trial counsel detailed for a
special court-martial and assistant trial counsel detailed for a
general court-martial must be determined to be competent to perform
such duties by the Judge Advocate General, under such rules as the
President may prescribe.
``(d) To the greatest extent practicable, in any capital case, at
least one defense counsel shall, as determined by the Judge Advocate
General, be learned in the law applicable to such cases. If necessary,
this counsel may be a civilian and, if so, may be compensated in
accordance with regulations prescribed by the Secretary of Defense.''.
SEC. 5187. ASSEMBLY AND IMPANELING OF MEMBERS AND RELATED MATTERS.
Section 829 of title 10, United States Code (article 29 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 829. Art 29. Assembly and impaneling of members; detail of new
members and military judges
``(a) Assembly.--The military judge shall announce the assembly of
a general or special court-martial with members. After such a court-
martial is assembled, no member may be absent, unless the member is
excused--
``(1) as a result of a challenge;
``(2) under subsection (b)(1)(B); or
``(3) by order of the military judge or the convening authority
for disability or other good cause.
``(b) Impaneling.--(1) Under rules prescribed by the President, the
military judge of a general or special court-martial with members
shall--
``(A) after determination of challenges, impanel the court-
martial; and
``(B) excuse the members who, having been assembled, are not
impaneled.
``(2) In a general court-martial, the military judge shall
impanel--
``(A) 12 members in a capital case; and
``(B) eight members in a noncapital case.
``(3) In a special court-martial, the military judge shall impanel
four members.
``(c) Alternate Members.--In addition to members under subsection
(b), the military judge shall impanel alternate members, if the
convening authority authorizes alternate members.
``(d) Detail of New Members.--(1) If, after members are impaneled,
the membership of the court-martial is reduced to--
``(A) fewer than 12 members with respect to a general court-
martial in a capital case;
``(B) fewer than six members with respect to a general court-
martial in a noncapital case; or
``(C) fewer than four members with respect to a special court-
martial;
the trial may not proceed unless the convening authority details new
members and, from among the members so detailed, the military judge
impanels new members sufficient in number to provide the membership
specified in paragraph (2).
``(2) The membership referred to in paragraph (1) is as follows:
``(A) 12 members with respect to a general court-martial in a
capital case.
``(B) At least six but not more than eight members with respect
to a general court-martial in a noncapital case.
``(C) Four members with respect to a special court-martial.
``(e) Detail of New Military Judge.--If the military judge is
unable to proceed with the trial because of disability or otherwise, a
new military judge shall be detailed to the court-martial.
``(f) Evidence.--(1) In the case of new members under subsection
(d), the trial may proceed with the new members present after the
evidence previously introduced is read or, in the case of audiotape,
videotape, or similar recording, is played, in the presence of the new
members, the military judge, the accused, and counsel for both sides.
``(2) In the case of a new military judge under subsection (e), the
trial shall proceed as if no evidence had been introduced, unless the
evidence previously introduced is read or, in the case of audiotape,
videotape, or similar recording, is played, in the presence of the new
military judge, the accused, and counsel for both sides.''.

TITLE LVI--PRE-TRIAL PROCEDURE

Sec. 5201. Charges and specifications.
Sec. 5202. Certain proceedings conducted before referral.
Sec. 5203. Preliminary hearing required before referral to general
court-martial.
Sec. 5204. Disposition guidance.
Sec. 5205. Advice to convening authority before referral for trial.
Sec. 5206. Service of charges and commencement of trial.
SEC. 5201. CHARGES AND SPECIFICATIONS.
Section 830 of title 10, United States Code (article 30 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 830. Art 30. Charges and specifications
``(a) In General.--Charges and specifications--
``(1) may be preferred only by a person subject to this
chapter; and
``(2) shall be preferred by presentment in writing, signed
under oath before a commissioned officer of the armed forces who is
authorized to administer oaths.
``(b) Required Content.--The writing under subsection (a) shall
state that--
``(1) the signer has personal knowledge of, or has
investigated, the matters set forth in the charges and
specifications; and
``(2) the matters set forth in the charges and specifications
are true, to the best of the knowledge and belief of the signer.
``(c) Duty of Proper Authority.--When charges and specifications
are preferred under subsection (a), the proper authority shall, as soon
as practicable--
``(1) inform the person accused of the charges and
specifications; and
``(2) determine what disposition should be made of the charges
and specifications in the interest of justice and discipline.''.
SEC. 5202. CERTAIN PROCEEDINGS CONDUCTED BEFORE REFERRAL.
Subchapter VI of chapter 47 of title 10, United States Code, is
amended by inserting after section 830 (article 30 of the Uniform Code
of Military Justice) the following new section (article):
``Sec. 830a. Art. 30a. Certain proceedings conducted before referral
``(a) In General.--(1) Proceedings may be conducted to review the
following matters before referral of charges and specifications to
court-martial for trial in accordance with regulations prescribed by
the President:
``(A) Pre-referral investigative subpoenas.
``(B) Pre-referral warrants or orders for electronic
communications.
``(C) Pre-referral matters referred by an appellate court.
``(2) The regulations prescribed under paragraph (1) shall--
``(A) include procedures for the review of such rulings that
may be ordered under this section as the President considers
appropriate; and
``(B) provide such limitations on the relief that may be
ordered under this section as the President considers appropriate.
``(3) If any matter in a proceeding under this section becomes a
subject at issue with respect to charges that have been referred to a
general or special court-martial, the matter shall be transferred to
the military judge detailed to the court-martial.
``(b) Detail of Military Judge.--The Secretary concerned shall
prescribe regulations providing for the manner in which military judges
are detailed to proceedings under subsection (a)(1).
``(c) Discretion to Designate Magistrate to Preside.--In accordance
with regulations prescribed by the Secretary concerned, a military
judge detailed to a proceeding under subsection (a)(1), other than a
proceeding described in subparagraph (B) of that subsection, may
designate a military magistrate to preside over the proceeding.''.
SEC. 5203. PRELIMINARY HEARING REQUIRED BEFORE REFERRAL TO GENERAL
COURT-MARTIAL.
(a) In General.--Section 832 of title 10, United States Code
(article 32 of the Uniform Code of Military Justice), is amended by
striking the section heading and subsections (a), (b), and (c) and
inserting the following:
``Sec. 832. Art. 32. Preliminary hearing required before referral to
general court-martial
``(a) In General.--(1)(A) Except as provided in subparagraph (B), a
preliminary hearing shall be held before referral of charges and
specifications for trial by general court-martial. The preliminary
hearing shall be conducted by an impartial hearing officer, detailed by
the convening authority in accordance with subsection (b).
``(B) Under regulations prescribed by the President, a preliminary
hearing need not be held if the accused submits a written waiver to the
convening authority and the convening authority determines that a
hearing is not required.
``(2) The purpose of the preliminary hearing shall be limited to
determining the following:
``(A) Whether or not the specification alleges an offense under
this chapter.
``(B) Whether or not there is probable cause to believe that
the accused committed the offense charged.
``(C) Whether or not the convening authority has court-martial
jurisdiction over the accused and over the offense.
``(D) A recommendation as to the disposition that should be
made of the case.
``(b) Hearing Officer.--(1) A preliminary hearing under this
section shall be conducted by an impartial hearing officer, who--
``(A) whenever practicable, shall be a judge advocate who is
certified under section 827(b)(2) of this title (article 27(b)(2));
or
``(B) when it is not practicable to appoint a judge advocate
because of exceptional circumstances, is not a judge advocate so
certified.
``(2) In the case of a hearing officer under paragraph (1)(B), a
judge advocate who is certified under section 827(b)(2) of this title
(article 27(b)(2)) shall be available to provide legal advice to the
hearing officer.
``(3) Whenever practicable, the hearing officer shall be equal in
grade or senior in grade to military counsel who are detailed to
represent the accused or the Government at the preliminary hearing.
``(c) Report to Convening Authority.--After a preliminary hearing
under this section, the hearing officer shall submit to the convening
authority a written report (accompanied by a recording of the
preliminary hearing under subsection (e)) that includes the following:
``(1) For each specification, a statement of the reasoning and
conclusions of the hearing officer with respect to determinations
under subsection (a)(2), including a summary of relevant witness
testimony and documentary evidence presented at the hearing and any
observations of the hearing officer concerning the testimony of
witnesses and the availability and admissibility of evidence at
trial.
``(2) Recommendations for any necessary modifications to the
form of the charges or specifications.
``(3) An analysis of any additional information submitted after
the hearing by the parties or by a victim of an offense, that,
under such rules as the President may prescribe, is relevant to
disposition under sections 830 and 834 of this title (articles 30
and 34).
``(4) A statement of action taken on evidence adduced with
respect to uncharged offenses, as described in subsection (f).''.
(b) Sundry Amendments.--Subsection (d) of such section (article) is
amended--
(1) in paragraph (1), by striking ``subsection (a)'' in the
first sentence and inserting ``this section'';
(2) in paragraph (2), by striking ``in defense'' and all that
follows through the end and inserting ``that is relevant to the
issues for determination under subsection (a)(2).'';
(3) in paragraph (3), by adding at the end the following new
sentence: ``A declination under this paragraph shall not serve as
the sole basis for ordering a deposition under section 849 of this
title (article 49).''; and
(4) in paragraph (4), by striking ``the limited purposes of the
hearing, as provided in subsection (a)(2)'' and inserting
``determinations under subsection (a)(2)''.
(c) Reference to MCM.--Subsection (e) of such section (article) is
amended by striking ``as prescribed by the Manual for Courts-Martial''
in the second sentence and inserting ``under such rules as the
President may prescribe''.
(d) Effect of Violation.--Subsection (g) of such section (article)
is amended by adding at the end the following new sentence: ``A defect
in a report under subsection (c) is not a basis for relief if the
report is in substantial compliance with that subsection.''.
(e) Conforming Amendments.--The following provisions are each
amended by striking ``investigating officer'' and inserting
``preliminary hearing officer'':
(1) Section 806b(a)(3) of title 10, United States Code (article
6b(a)(3) of the Uniform Code of Military Justice).
(2) Section 825(d)(2) of such title (article 25(d)(2) of the
Uniform Code of Military Justice).
(3) Section 826(d) of such title (article 26(d) of the Uniform
Code of Military Justice).
SEC. 5204. DISPOSITION GUIDANCE.
Section 833 of title 10, United States Code (article 33 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 833. Art 33. Disposition guidance
``The President shall direct the Secretary of Defense to issue, in
consultation with the Secretary of the department in which the Coast
Guard is operating when it is not operating as a service in the Navy,
non-binding guidance regarding factors that commanders, convening
authorities, staff judge advocates, and judge advocates should take
into account when exercising their duties with respect to disposition
of charges and specifications in the interest of justice and discipline
under sections 830 and 834 of this title (articles 30 and 34). Such
guidance shall take into account, with appropriate consideration of
military requirements, the principles contained in official guidance of
the Attorney General to attorneys for the Government with respect to
disposition of Federal criminal cases in accordance with the principle
of fair and evenhanded administration of Federal criminal law.''.
SEC. 5205. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL.
Section 834 of title 10, United States Code (article 34 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 834. Art. 34. Advice to convening authority before referral for
trial
``(a) General Court-martial.--
``(1) Staff judge advocate advice required before referral.--
Before referral of charges and specifications to a general court-
martial for trial, the convening authority shall submit the matter
to the staff judge advocate for advice, which the staff judge
advocate shall provide to the convening authority in writing. The
convening authority may not refer a specification under a charge to
a general court-martial unless the staff judge advocate advises the
convening authority in writing that--
``(A) the specification alleges an offense under this
chapter;
``(B) there is probable cause to believe that the accused
committed the offense charged; and
``(C) a court-martial would have jurisdiction over the
accused and the offense.
``(2) Staff judge advocate recommendation as to disposition.--
Together with the written advice provided under paragraph (1), the
staff judge advocate shall provide a written recommendation to the
convening authority as to the disposition that should be made of
the specification in the interest of justice and discipline.
``(3) Staff judge advocate advice and recommendation to
accompany referral.--When a convening authority makes a referral
for trial by general court-martial, the written advice of the staff
judge advocate under paragraph (1) and the written recommendation
of the staff judge advocate under paragraph (2) with respect to
each specification shall accompany the referral.
``(b) Special Court-martial; Convening Authority Consultation With
Judge Advocate.--Before referral of charges and specifications to a
special court-martial for trial, the convening authority shall consult
a judge advocate on relevant legal issues.
``(c) General and Special Courts-martial; Correction of Charges and
Specifications Before Referral.--Before referral for trial by general
court-martial or special court-martial, changes may be made to charges
and specifications--
``(1) to correct errors in form; and
``(2) when applicable, to conform to the substance of the
evidence contained in a report under section 832(c) of this title
(article 32(c)).
``(d) Referral Defined.--In this section, the term `referral' means
the order of a convening authority that charges and specifications
against an accused be tried by a specified court-martial.''.
SEC. 5206. SERVICE OF CHARGES AND COMMENCEMENT OF TRIAL.
Section 835 of title 10, United States Code (article 35 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 835. Art. 35. Service of charges; commencement of trial
``(a) In General.--Trial counsel detailed for a court-martial under
section 827 of this title (article 27) shall cause to be served upon
the accused a copy of the charges and specifications referred for
trial.
``(b) Commencement of Trial.--(1) Subject to paragraphs (2) and
(3), no trial or other proceeding of a general court-martial or a
special court-martial (including any session under section 839(a) of
this title (article 39(a)) may be held over the objection of the
accused--
``(A) with respect to a general court-martial, from the time of
service through the fifth day after the date of service; or
``(B) with respect to a special court-martial, from the time of
service through the third day after the date of service.
``(2) An objection under paragraph (1) may be raised only at the
first session of the trial or other proceeding and only if the first
session occurs before the end of the applicable period under paragraph
(1)(A) or (1)(B). If the first session occurs before the end of the
applicable period, the military judge shall, at that session, inquire
as to whether the defense objects under this subsection.
``(3) This subsection shall not apply in time of war.''.

TITLE LVII--TRIAL PROCEDURE

Sec. 5221. Duties of assistant defense counsel.
Sec. 5222. Sessions.
Sec. 5223. Technical amendment relating to continuances.
Sec. 5224. Conforming amendments relating to challenges.
Sec. 5225. Statute of limitations.
Sec. 5226. Former jeopardy.
Sec. 5227. Pleas of the accused.
Sec. 5228. Subpoena and other process.
Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or
produce evidence.
Sec. 5230. Contempt.
Sec. 5231. Depositions.
Sec. 5232. Admissibility of sworn testimony by audiotape or videotape
from records of courts of inquiry.
Sec. 5233. Conforming amendment relating to defense of lack of mental
responsibility.
Sec. 5234. Voting and rulings.
Sec. 5235. Votes required for conviction, sentencing, and other matters.
Sec. 5236. Findings and sentencing.
Sec. 5237. Plea agreements.
Sec. 5238. Record of trial.
SEC. 5221. DUTIES OF ASSISTANT DEFENSE COUNSEL.
Section 838(e) of title 10, United States Code (article 38(e) of
the Uniform Code of Military Justice), is amended by striking ``, under
the direction'' and all that follows through ``(article 27),''.
SEC. 5222. SESSIONS.
Section 839 of title 10, United States Code (article 39 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking ``if permitted by regulations of the
Secretary concerned,''; and
(ii) by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) conducting a sentencing proceeding and sentencing the
accused in non-capital cases unless the accused requests sentencing
by members under section 825 of this title (article 25); and''; and
(2) in the second sentence of subsection (c), by striking ``,
in cases in which a military judge has been detailed to the
court,''.
SEC. 5223. TECHNICAL AMENDMENT RELATING TO CONTINUANCES.
Section 840 of title 10, United States Code (article 40 of the
Uniform Code of Military Justice), is amended by striking ``court-
martial without a military judge'' and inserting ``summary court-
martial''.
SEC. 5224. CONFORMING AMENDMENTS RELATING TO CHALLENGES.
Section 841 of title 10, United States Code (article 41 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1), by striking ``, or, if none, the
court,'' in the second sentence;
(2) in subsection (a)(2), by striking ``minimum'' in the first
sentence; and
(3) in subsection (b)(2), by striking ``minimum''.
SEC. 5225. STATUTE OF LIMITATIONS.
(a) Increase in Period for Child Abuse Offenses.--Subsection
(b)(2)(A) of section 843 of title 10, United States Code (article 43 of
the Uniform Code of Military Justice), is amended by striking ``five
years'' and inserting ``ten years''.
(b) Increase in Period for Fraudulent Enlistment or Appointment
Offenses.--Such section (article) is further amended by adding at the
end the following new subsection:
``(h) Fraudulent Enlistment or Appointment.--A person charged with
fraudulent enlistment or fraudulent appointment under section 904a(1)
of this title (article 104a(1)) may be tried by court-martial if the
sworn charges and specifications are received by an officer exercising
summary court-martial jurisdiction with respect to that person, as
follows:
``(1) In the case of an enlisted member, during the period of
the enlistment or five years, whichever provides a longer period.
``(2) In the case of an officer, during the period of the
appointment or five years, whichever provides a longer period.''.
(c) DNA Evidence.--Such section (article), as amended by subsection
(b) of this section, is further amended by adding at the end the
following new subsection:
``(i) Dna Evidence.--If DNA testing implicates an identified person
in the commission of an offense punishable by confinement for more than
one year, no statute of limitations that would otherwise preclude
prosecution of the offense shall preclude such prosecution until a
period of time following the implication of the person by DNA testing
has elapsed that is equal to the otherwise applicable limitation
period.''.
(d) Conforming Amendments.--Subsection (b)(2)(B) of such section
(article) is amended by striking clauses (i) through (v) and inserting
the following new clauses:
``(i) Any offense in violation of section 920, 920a, 920b,
920c, or 930 of this title (article 120, 120a, 120b, 120c, or 130),
unless the offense is covered by subsection (a).
``(ii) Maiming in violation of section 928a of this title
(article 128a).
``(iii) Aggravated assault, assault consummated by a battery,
or assault with intent to commit specified offenses in violation of
section 928 of this title (article 128).
``(iv) Kidnapping in violation of section 925 of this title
(article 125).''.
(e) Subsection Heading Amendments for Stylistic Consistency.--Such
section (article) is further amended--
(1) in subsection (a), by inserting ``No Limitation for Certain
Offenses.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Five-year Limitation for
Trial by Court-martial.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Tolling for Absence
Without Leave or Flight From Justice.--'' after ``(c)'';
(4) in subsection (d), by inserting ``Tolling for Absence From
US or Military Jurisdiction.--'' after ``(d)'';
(5) in subsection (e), by inserting ``Extension for Offenses in
Time of War Detrimental to Prosecution of War.--'' after ``(e)'';
(6) in subsection (f), by inserting ``Extension for Other
Offenses in Time of War.--'' after ``(f)''; and
(7) in subsection (g), by inserting ``Defective or Insufficient
Charges.--'' after ``(g)''.
(f) 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
or a military judge issues such a subpoena pursuant to section 830a
of this title (article 30a).
``(3) Warrant or order for wire or electronic communications.--
With respect to an investigation of an offense under this chapter,
a military judge detailed in accordance with section 826 or 830a of
this title (article 26 or 30a) may issue warrants or court orders
for the contents of, and records concerning, wire or electronic
communications in the same manner as such warrants and orders may
be issued by a district court of the United States under chapter
121 of title 18, subject to such limitations as the President may
prescribe by regulation.
``(e) Request for Relief From Subpoena or Other Process.--If a
person requests relief from a subpoena or other process under this
section (article) on grounds that compliance is unreasonable or
oppressive or is prohibited by law, a military judge detailed in
accordance with section 826 or 830a of this title (article 26 or 30a)
shall review the request and shall--
``(1) order that the subpoena or other process be modified or
withdrawn, as appropriate; or
``(2) order the person to comply with the subpoena or other
process.''.
(5) Section heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 846. Art. 46. Opportunity to obtain witnesses and other evidence
in trials by court-martial''.
(b) Conforming Amendments to Title 18, United States Code.--
(1) Section 2703 of title 18, United States Code, is amended--
(A) in the first sentence of subsection (a);
(B) in subsection (b)(1)(A); and
(C) in subsection (c)(1)(A);
by inserting after ``warrant procedures'' the following: ``and, in
the case of a court-martial or other proceeding under chapter 47 of
title 10 (the Uniform Code of Military Justice), issued under
section 846 of that title, in accordance with regulations
prescribed by the President''.
(2) Section 2711(3) of title 18, United States Code, is
amended--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking ``and'' at the end and
inserting ``or''; and
(C) by adding at the end the following new subparagraph:
``(C) a court-martial or other proceeding under chapter 47
of title 10 (the Uniform Code of Military Justice) to which a
military judge has been detailed; and''.
SEC. 5229. REFUSAL OF PERSON NOT SUBJECT TO UCMJ TO APPEAR, TESTIFY, OR
PRODUCE EVIDENCE.
(a) In General.--Subsection (a) of section 847 of title 10, United
States Code (article 47 of the Uniform Code of Military Justice), is
amended to read as follows:
``(a) In General.--(1) Any person described in paragraph (2) who--
``(A) willfully neglects or refuses to appear; or
``(B) willfully refuses to qualify as a witness or to testify
or to produce any evidence which that person is required to
produce;
is guilty of an offense against the United States.
``(2) The persons referred to in paragraph (1) are the following:
``(A) Any person not subject to this chapter who--
``(i) is issued a subpoena or other process described in
subsection (c) of section 846 of this title (article 46); and
``(ii) is provided a means for reimbursement from the
Government for fees and mileage at the rates allowed to
witnesses attending the courts of the United States or, in the
case of extraordinary hardship, is advanced such fees and
mileage.
``(B) Any person not subject to this chapter who is issued a
subpoena or other process described in subsection (d) of section
846 of this title (article 46).''.
(b) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 847. Art. 47. Refusal of person not subject to chapter to
appear, testify, or produce evidence''.
SEC. 5230. CONTEMPT.
(a) Authority To Punish.--Subsection (a) of section 848 of title
10, United States Code (article 48 of the Uniform Code of Military
Justice), is amended to read as follows:
``(a) Authority To Punish.--(1) With respect to any proceeding
under this chapter, a judicial officer specified in paragraph (2) may
punish for contempt any person who--
``(A) uses any menacing word, sign, or gesture in the presence
of the judicial officer during the proceeding;
``(B) disturbs the proceeding by any riot or disorder; or
``(C) willfully disobeys a lawful writ, process, order, rule,
decree, or command issued with respect to the proceeding.
``(2) A judicial officer referred to in paragraph (1) is any of the
following:
``(A) Any judge of the Court of Appeals for the Armed Forces
and any judge of a Court of Criminal Appeals under section 866 of
this title (article 66).
``(B) Any military judge detailed to a court-martial, a provost
court, a military commission, or any other proceeding under this
chapter.
``(C) Any military magistrate designated to preside under
section 819 of this title (article 19).
``(D) The president of a court of inquiry.''.
(b) Review.--Such section (article) is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Review.--A punishment under this section--
``(1) if imposed by a military judge or military magistrate,
may be reviewed by the Court of Criminal Appeals in accordance with
the uniform rules of procedure for the Courts of Criminal Appeals
under section 866(g) of this title (article 66(g));
``(2) if imposed by a judge of the Court of Appeals for the
Armed Forces or a judge of a Court of Criminal Appeals, shall
constitute a judgment of the court, subject to review under the
applicable provisions of section 867 or 867a of this title (article
67 or 67a); and
``(3) if imposed by a court of inquiry, shall be subject to
review by the convening authority in accordance with rules
prescribed by the President.''.
(c) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 848. Art. 48. Contempt''.
SEC. 5231. DEPOSITIONS.
Section 849 of title 10, United States Code (article 49 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 849. Art. 49. Depositions
``(a) In General.--(1) Subject to paragraph (2), a convening
authority or a military judge may order depositions at the request of
any party.
``(2) A deposition may be ordered under paragraph (1) only if the
requesting party demonstrates that, due to exceptional circumstances,
it is in the interest of justice that the testimony of a prospective
witness be preserved for use at a court-martial, military commission,
court of inquiry, or other military court or board.
``(3) A party who requests a deposition under this section shall
give to every other party reasonable written notice of the time and
place for the deposition.
``(4) A deposition under this section shall be taken before, and
authenticated by, an impartial officer, as follows:
``(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) General and special courts-martial.--
``(A) Sentencing by military judge.--Except as provided in
subparagraph (B), and in subsection (c) for capital offenses,
if the accused is convicted of an offense in a trial by general
or special court-martial, the military judge shall sentence the
accused.
``(B) Sentencing by members.--If the accused is convicted
of an offense in a trial by general or special court-martial
consisting of a military judge and members and the accused
elects sentencing by members under section 825 of this title
(article 25), the members shall sentence the accused.
``(C) Sentence of the accused.--The sentence determined
pursuant to this paragraph constitutes the sentence of the
accused.
``(2) Summary courts-martial.--If the accused is convicted of
an offense in a trial by summary court-martial, the court-martial
shall sentence the accused.
``(c) Sentencing for Capital Offenses.--
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may sentence
the accused to death, the members shall determine whether the
sentence for that offense shall be death or a lesser authorized
punishment.
``(2) Lesser authorized punishments.--In accordance with
regulations prescribed by the President, the court-martial may
include in any sentence to death or life in prison without
eligibility for parole other lesser punishments authorized under
this chapter.
``(3) Other non-capital offenses.--In a capital case, if the
accused is convicted of a non-capital offense, the accused shall be
sentenced for such non-capital offense in accordance with
subsection (b), regardless of whether the accused is convicted of
an offense for which the court-martial may sentence the accused to
death.''.
SEC. 5237. PLEA AGREEMENTS.
Subchapter VII of chapter 47 of title 10, United States Code, is
amended by inserting after section 853 (article 53 of the Uniform Code
of Military Justice), as amended by section 5236 of this Act, the
following new section (article):
``Sec. 853a. Art. 53a. Plea agreements
``(a) In General.--(1) At any time before the announcement of
findings under section 853 of this title (article 53), the convening
authority and the accused may enter into a plea agreement with respect
to such matters as--
``(A) the manner in which the convening authority will dispose
of one or more charges and specifications; and
``(B) limitations on the sentence that may be adjudged for one
or more charges and specifications.
``(2) The military judge of a general or special court-martial may
not participate in discussions between the parties concerning
prospective terms and conditions of a plea agreement.
``(b) Limitation on Acceptance of Plea Agreements.--The military
judge of a general or special court-martial shall reject a plea
agreement that--
``(1) contains a provision that has not been accepted by both
parties;
``(2) contains a provision that is not understood by the
accused; or
``(3) except as provided in subsection (c), contains a
provision for a sentence that is less than the mandatory minimum
sentence applicable to an offense referred to in section 856(b)(2)
of this title (article 56(b)(2)).
``(c) Limited Conditions for Acceptance of Plea Agreement for
Sentence Below Mandatory Minimum for Certain Offenses.--With respect to
an offense referred to in section 856(b)(2) of this title (article
56(b)(2))--
``(1) the military judge may accept a plea agreement that
provides for a sentence of bad conduct discharge; and
``(2) upon recommendation of the trial counsel, in exchange for
substantial assistance by the accused in the investigation or
prosecution of another person who has committed an offense, the
military judge may accept a plea agreement that provides for a
sentence that is less than the mandatory minimum sentence for the
offense charged.
``(d) Binding Effect of Plea Agreement.--Upon acceptance by the
military judge of a general or special court-martial, a plea agreement
shall bind the parties and the military judge.''.
SEC. 5238. RECORD OF TRIAL.
Section 854 of title 10, United States Code (article 54 of the
Uniform Code of Military Justice), is amended--
(1) by striking subsection (a) and inserting the following new
subsection (a):
``(a) General and Special Courts-martial.--Each general or special
court-martial shall keep a separate record of the proceedings in each
case brought before it. The record shall be certified by a court-
reporter, except that in the case of death, disability, or absence of a
court reporter, the record shall be certified by an official selected
as the President may prescribe by regulation.'';
(2) in subsection (b)--
(A) by striking ``(b) Each special and summary court-
martial'' and inserting `` (b) Summary Courts-martial.--Each
summary court-martial''; and
(B) by striking ``authenticated'' and inserting
``certified'';
(3) by striking subsection (c) and inserting the following new
subsection (c):
``(c) Contents of Record.--(1) Except as provided in paragraph (2),
the record shall contain such matters as the President may prescribe by
regulation.
``(2) In accordance with regulations prescribed by the President, a
complete record of proceedings and testimony shall be prepared in any
case of a sentence of death, dismissal, discharge, confinement for more
than six months, or forfeiture of pay for more than six months.'';
(4) in subsection (d)--
(A) by striking ``(d) A copy'' and inserting ``(d) Copy to
Accused.--A copy''; and
(B) by striking ``authenticated'' and inserting
``certified''; and
(5) in subsection (e)--
(A) by striking ``(e) In the case'' and inserting ``(e)
Copy to Victim.--In the case'';
(B) by striking ``involving a sexual assault or other
offense covered by section 920 of this title (article 120),''
in the first sentence and inserting ``, upon request,''; and
(C) by striking ``authenticated'' in the second sentence
and inserting ``certified''.

TITLE LVIII--SENTENCES

Sec. 5301. Sentencing.
Sec. 5302. Effective date of sentences.
Sec. 5303. Sentence of reduction in enlisted grade.
SEC. 5301. SENTENCING.
(a) In General.--Section 856 of title 10, United States Code
(article 56 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 856. Art. 56. Sentencing
``(a) Sentence Maximums.--The punishment which a court-martial may
direct for an offense may not exceed such limits as the President may
prescribe for that offense.
``(b) Sentence Minimums for Certain Offenses.--(1) Except as
provided in subsection (d) of section 853a of this title (article 53a),
punishment for any offense specified in paragraph (2) shall include
dismissal or dishonorable discharge, as applicable.
``(2) The offenses referred to in paragraph (1) are as follows:
``(A) Rape under subsection (a) of section 920 of this title
(article 120).
``(B) Sexual assault under subsection (b) of such section
(article).
``(C) Rape of a child under subsection (a) of section 920b of
this title (article 120b).
``(D) Sexual assault of a child under subsection (b) of such
section (article).
``(E) An attempt to commit an offense specified in subparagraph
(A), (B), (C), or (D) that is punishable under section 880 of this
title (article 80).
``(F) Conspiracy to commit an offense specified in subparagraph
(A), (B), (C), or (D) that is punishable under section 881 of this
title (article 81).
``(c) Imposition of Sentence.--
``(1) In general.--In sentencing an accused under section 853
of this title (article 53), a court-martial shall impose punishment
that is sufficient, but not greater than necessary, to promote
justice and to maintain good order and discipline in the armed
forces, taking into consideration--
``(A) the nature and circumstances of the offense and the
history and characteristics of the accused;
``(B) the impact of the offense on--
``(i) the financial, social, psychological, or medical
well-being of any victim of the offense; and
``(ii) the mission, discipline, or efficiency of the
command of the accused and any victim of the offense;
``(C) the need for the sentence--
``(i) to reflect the seriousness of the offense;
``(ii) to promote respect for the law;
``(iii) to provide just punishment for the offense;
``(iv) to promote adequate deterrence of misconduct;
``(v) to protect others from further crimes by the
accused;
``(vi) to rehabilitate the accused; and
``(vii) to provide, in appropriate cases, the
opportunity for retraining and return to duty to meet the
needs of the service; and
``(D) the sentences available under this chapter.
``(2) Sentencing by military judge.--In announcing the sentence
in a general or special court-martial in which the accused is
sentenced by a military judge alone under section 853 of this title
(article 53), the military judge shall, with respect to each
offense of which the accused is found guilty, specify the term of
confinement, if any, and the amount of the fine, if any. If the
accused is sentenced to confinement for more than one offense, the
military judge shall specify whether the terms of confinement are
to run consecutively or concurrently.
``(3) Sentencing by members.--In a general or special court-
martial in which the accused has elected sentencing by members, the
court-martial shall announce a single sentence for all of the
offenses of which the accused was found guilty.
``(4) Sentence of confinement for life without eligibility for
parole.--(A) If an offense is subject to a sentence of confinement
for life, a court-martial may impose a sentence of confinement for
life without eligibility for parole.
``(B) An accused who is sentenced to confinement for life
without eligibility for parole shall be confined for the remainder
of the accused's life unless--
``(i) the sentence is set aside or otherwise modified as a
result of--
``(I) action taken by the convening authority or the
Secretary concerned; or
``(II) any other action taken during post-trial
procedure and review under any other provision of
subchapter IX of this chapter;
``(ii) the sentence is set aside or otherwise modified as a
result of action taken by a Court of Criminal Appeals, the
Court of Appeals for the Armed Forces, or the Supreme Court; or
``(iii) the accused is pardoned.
``(d) Appeal of Sentence by the United States.--(1) With the
approval of the Judge Advocate General concerned, the Government may
appeal a sentence to the Court of Criminal Appeals, on the grounds
that--
``(A) the sentence violates the law; or
``(B) the sentence is plainly unreasonable.
``(2) An appeal under this subsection must be filed within 60 days
after the date on which the judgment of a court-martial is entered into
the record under section 860c of this title (article 60c).''.
(b) Conforming Amendment.--Section 856a of title 10, United States
Code (article 56a of the Uniform Code of Military Justice), is
repealed.
SEC. 5302. EFFECTIVE DATE OF SENTENCES.
(a) In General.--Section 857 of title 10, United States Code
(article 57 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 857. Art. 57. Effective date of sentences
``(a) Execution of Sentences.--A court-martial sentence shall be
executed and take effect as follows:
``(1) Forfeiture and reduction.--A forfeiture of pay or
allowances shall be applicable to pay and allowances accruing on
and after the date on which the sentence takes effect. Any
forfeiture of pay or allowances or reduction in grade that is
included in a sentence of a court-martial takes effect on the
earlier of--
``(A) the date that is 14 days after the date on which the
sentence is adjudged; or
``(B) in the case of a summary court-martial, the date on
which the sentence is approved by the convening authority.
``(2) Confinement.--Any period of confinement included in a
sentence of a court-martial begins to run from the date the
sentence is adjudged by the court-martial, but periods during which
the sentence to confinement is suspended or deferred shall be
excluded in computing the service of the term of confinement.
``(3) Approval of sentence of death.--If the sentence of the
court-martial extends to death, that part of the sentence providing
for death may not be executed until approved by the President. In
such a case, the President may commute, remit, or suspend the
sentence, or any part thereof, as the President sees fit. That part
of the sentence providing for death may not be suspended.
``(4) Approval of dismissal.--If in the case of a commissioned
officer, cadet, or midshipman, the sentence of a court-martial
extends to dismissal, that part of the sentence providing for
dismissal may not be executed until approved by the Secretary
concerned or such Under Secretary or Assistant Secretary as may be
designated by the Secretary concerned. In such a case, the
Secretary, Under Secretary, or Assistant Secretary, as the case may
be, may commute, remit, or suspend the sentence, or any part of the
sentence, as the Secretary sees fit. In time of war or national
emergency he may commute a sentence of dismissal to reduction to
any enlisted grade. A person so reduced may be required to serve
for the duration of the war or emergency and six months thereafter.
``(5) Completion of appellate review.--If a sentence extends to
death, dismissal, or a dishonorable or bad-conduct discharge, that
part of the sentence extending to death, dismissal, or a
dishonorable or bad-conduct discharge may be executed, in
accordance with service regulations, after completion of appellate
review (and, with respect to death or dismissal, approval under
paragraph (3) or (4), as appropriate).
``(6) Other sentences.--Except as otherwise provided in this
subsection, a general or special court-martial sentence is
effective upon entry of judgment and a summary court-martial
sentence is effective when the convening authority acts on the
sentence.
``(b) Deferral of Sentences.--
``(1) In general.--On application by an accused, the convening
authority or, if the accused is no longer under his or her
jurisdiction, the officer exercising general court-martial
jurisdiction over the command to which the accused is currently
assigned, may, in his or her sole discretion, defer the effective
date of a sentence of confinement, reduction, or forfeiture. The
deferment shall terminate upon entry of judgment or, in the case of
a summary court-martial, when the convening authority acts on the
sentence. The deferment may be rescinded at any time by the officer
who granted it or, if the accused is no longer under his
jurisdiction, by the officer exercising general court-martial
jurisdiction over the command to which the accused is currently
assigned.
``(2) Deferral of certain persons sentenced to confinement.--In
any case in which a court-martial sentences a person referred to in
paragraph (3) to confinement, the convening authority may defer the
service of the sentence to confinement, without the consent of that
person, until after the person has been permanently released to the
armed forces by a State or foreign country referred to in that
paragraph.
``(3) Covered persons.--Paragraph (2) applies to a person
subject to this chapter who--
``(A) while in the custody of a State or foreign country is
temporarily returned by that State or foreign country to the
armed forces for trial by court-martial; and
``(B) after the court-martial, is returned to that State or
foreign country under the authority of a mutual agreement or
treaty, as the case may be.
``(4) State defined.--In this subsection, the term `State'
includes the District of Columbia and any Commonwealth, territory,
or possession of the United States.
``(5) Deferral while review pending.--In any case in which a
court-martial sentences a person to confinement, but in which
review of the case under section 867(a)(2) of this title (article
67(a)(2)) is pending, the Secretary concerned may defer further
service of the sentence to confinement while that review is
pending.
``(c) Appellate Review.--
``(1) Completion of appellate review.--Appellate review is
complete under this section when--
``(A) a review under section 865 of this title (article 65)
is completed; or
``(B) a review under section 866 of this title (article 66)
is completed by a Court of Criminal Appeals and--
``(i) the time for the accused to file a petition for
review by the Court of Appeals for the Armed Forces has
expired and the accused has not filed a timely petition for
such review and the case is not otherwise under review by
that Court;
``(ii) such a petition is rejected by the Court of
Appeals for the Armed Forces; or
``(iii) review is completed in accordance with the
judgment of the Court of Appeals for the Armed Forces and--

``(I) a petition for a writ of certiorari is not
filed within the time limits prescribed by the Supreme
Court;
``(II) such a petition is rejected by the Supreme
Court; or
``(III) review is otherwise completed in accordance
with the judgment of the Supreme Court.

``(2) Completion as final judgment of legality of
proceedings.--The completion of appellate review shall constitute a
final judgment as to the legality of the proceedings.''.
(b) Conforming Amendments.--
(1) Subchapter VIII of chapter 47 of title 10, United States
Code, is amended by striking section 857a (article 57a of the
Uniform Code of Military Justice).
(2) Subchapter IX of chapter 47 of title 10, United States
Code, is amended by striking section 871 (article 71 of the Uniform
Code of Military Justice).
(3) The second sentence of subsection (a)(1) of section 858b of
title 10, United States Code (article 58b of the Uniform Code of
Military Justice), is amended by striking ``section 857(a) of this
title (article 57(a))'' and inserting ``section 857 of this title
(article 57)''.
SEC. 5303. SENTENCE OF REDUCTION IN ENLISTED GRADE.
Section 858a of title 10, United States Code (article 58a of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a)--
(A) by striking ``Unless otherwise provided in regulations
to be prescribed by the Secretary concerned, a'' and inserting
``A'';
(B) by striking ``as approved by the convening authority''
and inserting ``as set forth in the judgment of the court-
martial entered into the record under section 860c of this
title (article 60c)''; and
(C) in the matter after paragraph (3), by striking ``of
that approval'' and inserting ``on which the judgment is so
entered''; and
(2) in subsection (b), by striking ``disapproved, or, as
finally approved'' and inserting ``reduced, or, as finally
affirmed''.

TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL

Sec. 5321. Post-trial processing in general and special courts-martial.
Sec. 5322. Limited authority to act on sentence in specified post-trial
circumstances.
Sec. 5323. Post-trial actions in summary courts-martial and certain
general and special courts-martial.
Sec. 5324. Entry of judgment.
Sec. 5325. Waiver of right to appeal and withdrawal of appeal.
Sec. 5326. Appeal by the United States.
Sec. 5327. Rehearings.
Sec. 5328. Judge advocate review of finding of guilty in summary court-
martial.
Sec. 5329. Transmittal and review of records.
Sec. 5330. Courts of Criminal Appeals.
Sec. 5331. Review by Court of Appeals for the Armed Forces.
Sec. 5332. Supreme Court review.
Sec. 5333. Review by Judge Advocate General.
Sec. 5334. Appellate defense counsel in death penalty cases.
Sec. 5335. Authority for hearing on vacation of suspension of sentence
to be conducted by qualified judge advocate.
Sec. 5336. Extension of time for petition for new trial.
Sec. 5337. Restoration.
Sec. 5338. Leave requirements pending review of certain court-martial
convictions.
SEC. 5321. POST-TRIAL PROCESSING IN GENERAL AND SPECIAL COURTS-MARTIAL.
Section 860 of title 10, United States Code (article 60 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 860. Art 60. Post-trial processing in general and special
courts-martial
``(a) Statement of Trial Results.--(1) The military judge of a
general or special court-martial shall enter into the record of trial a
document entitled `Statement of Trial Results', which shall set forth--
``(A) each plea and finding;
``(B) the sentence, if any; and
``(C) such other information as the President may prescribe by
regulation.
``(2) Copies of the Statement of Trial Results shall be provided
promptly to the convening authority, the accused, and any victim of the
offense.
``(b) Post-trial Motions.--In accordance with regulations
prescribed by the President, the military judge in a general or special
court-martial shall address all post-trial motions and other post-trial
matters that--
``(1) may affect a plea, a finding, the sentence, the Statement
of Trial Results, the record of trial, or any post-trial action by
the convening authority; and
``(2) are subject to resolution by the military judge before
entry of judgment.''.
SEC. 5322. LIMITED AUTHORITY TO ACT ON SENTENCE IN SPECIFIED POST-TRIAL
CIRCUMSTANCES.
Subchapter IX of chapter 47 of title 10, United States Code, is
amended by inserting after section 860 (article 60 of the Uniform Code
of Military Justice), as amended by section 5321 of this Act, the
following new section (article):
``Sec. 860a. Art. 60a. Limited authority to act on sentence in
specified post-trial circumstances
``(a) In General.--(1) The convening authority of a general or
special court-martial described in paragraph (2)--
``(A) may act on the sentence of the court-martial only as
provided in subsection (b), (c), or (d); and
``(B) may not act on the findings of the court-martial.
``(2) The courts-martial referred to in paragraph (1) are the
following:
``(A) A general or special court-martial in which the maximum
sentence of confinement established under subsection (a) of section
856 of this title (article 56) for any offense of which the accused
is found guilty is more than two years.
``(B) A general or special court-martial in which the total of
the sentences of confinement imposed, running consecutively, is
more than six months.
``(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. 5323. POST-TRIAL ACTIONS IN SUMMARY COURTS-MARTIAL AND CERTAIN
GENERAL AND SPECIAL COURTS-MARTIAL.
Subchapter IX of chapter 47 of title 10, United States Code, is
amended by inserting after section 860a (article 60a of the Uniform
Code of Military Justice), as added by section 5322 of this Act, the
following new section (article):
``Sec. 860b. 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. 5324. ENTRY OF JUDGMENT.
Subchapter IX of chapter 47 of title 10, United States Code, is
amended by inserting after section 860b (article 60b of the Uniform
Code of Military Justice), as added by section 5323 of this Act, the
following new section (article):
``Sec. 860c. 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. 5325. WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OF APPEAL.
Section 861 of title 10, United States Code (article 61 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 861. Art. 61. Waiver of right to appeal; withdrawal of appeal
``(a) Waiver of Right to Appeal.--After entry of judgment in a
general or special court-martial, under procedures prescribed by the
Secretary concerned, the accused may waive the right to appellate
review in each case subject to such review under section 866 of this
title (article 66). Such a waiver shall be--
``(1) signed by the accused and by defense counsel; and
``(2) attached to the record of trial.
``(b) Withdrawal of Appeal.--In a general or special court-martial,
the accused may withdraw an appeal at any time.
``(c) Death Penalty Case Exception.--Notwithstanding subsections
(a) and (b), an accused may not waive the right to appeal or withdraw
an appeal with respect to a judgment that includes a sentence of death.
``(d) Waiver or Withdrawal as Bar.--A waiver or withdrawal under
this section bars review under section 866 of this title (article
66).''.
SEC. 5326. APPEAL BY THE UNITED STATES.
Section 862 of title 10, United States Code (article 62 of the
Uniform Code of Military Justice), is amended--
(1) in paragraph (1) of subsection (a)--
(A) in the matter before subparagraph (A), by striking
``court-martial'' and all that follows through the colon at the
end and inserting ``general or special court-martial, or in a
pretrial proceeding under section 830a of this title (article
30a), the United States may appeal the following:''; and
(B) by adding at the end the following new subparagraph:
``(G) An order or ruling of the military judge entering a
finding of not guilty with respect to a charge or specification
following the return of a finding of guilty by the members.'';
(2) in paragraph (2) of subsection (a)--
(A) by striking ``(2)'' and inserting ``(2)(A)''; and
(B) by adding at the end the following new subparagraph:
``(B) An appeal of an order or ruling may not be taken when
prohibited by section 844 of this title (article 44).''; and
(3) by adding at the end the following:
``(d) The United States may appeal a ruling or order of a military
magistrate in the same manner as had the ruling or order been made by a
military judge, except that the issue shall first be presented to the
military judge who designated the military magistrate or to a military
judge detailed to hear the issue.
``(e) The provisions of this section shall be liberally construed
to effect its purposes.''.
SEC. 5327. REHEARINGS.
Section 863 of title 10, United States Code (article 63 of the
Uniform Code of Military Justice), is amended--
(1) by inserting ``(a)'' before ``Each rehearing'';
(2) in the second sentence, by striking ``may be approved'' and
inserting ``may be adjudged'';
(3) by striking the third sentence; and
(4) by adding at the end the following new subsections:
``(b) If the sentence adjudged by the first court-martial was in
accordance with a plea agreement under section 853a of this title
(article 53a) and the accused at the rehearing does not comply with the
agreement, or if a plea of guilty was entered for an offense at the
first court-martial and a plea of not guilty was entered at the
rehearing, the sentence as to those charges or specifications may
include any punishment not in excess of that which could have been
adjudged at the first court-martial.
``(c) If, after appeal by the Government under section 856(d) of
this title (article 56(d)), the sentence adjudged is set aside and a
rehearing on sentence is ordered by the Court of Criminal Appeals or
Court of Appeals for the Armed Forces, the court-martial may impose any
sentence that is in accordance with the order or ruling setting aside
the adjudged sentence, subject to such limitations as the President may
prescribe by regulation.''.
SEC. 5328. JUDGE ADVOCATE REVIEW OF FINDING OF GUILTY IN SUMMARY COURT-
MARTIAL.
(a) In General.--Subsection (a) of section 864 of title 10, United
States Code (article 64 of the Uniform Code of Military Justice), is
amended by striking the first two sentences and inserting the
following:
``(a) In General.--Under regulations prescribed by the Secretary
concerned, each summary court-martial in which there is a finding of
guilty shall be reviewed by a judge advocate. A judge advocate may not
review a case under this subsection if the judge advocate has acted in
the same case as an accuser, preliminary hearing officer, member of the
court, military judge, or counsel or has otherwise acted on behalf of
the prosecution or defense.''.
(b) Technical and Conforming Amendments.--
(1) The heading of such section (article) is amended to read as
follows:
``Sec. 864. Art. 64. Judge advocate review of finding of guilty in
summary court-martial''.
(2) Subsection (b) of such section (article) is amended--
(A) by striking ``(b) The record'' and inserting ``(b)
Record.--The record'';
(B) in paragraph (1), by adding ``or'' at the end;
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
(3) Subsection (c)(3) of such section (article) is amended by
striking ``section 869(b) of this title (article 69(b)).'' and
inserting ``section 869 of this title (article 69).''.
SEC. 5329. TRANSMITTAL AND REVIEW OF RECORDS.
Section 865 of title 10, United States Code (article 65 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 865. Art. 65. Transmittal and review of records
``(a) Transmittal of Records.--
``(1) Finding of guilty in general or special court-martial.--
If the judgment of a general or special court-martial entered under
section 860c of this title (article 60c) includes a finding of
guilty, the record shall be transmitted to the Judge Advocate
General.
``(2) Other cases.--In all other cases, records of trial by
court-martial and related documents shall be transmitted and
disposed of as the Secretary concerned may prescribe by regulation.
``(b) Cases for Direct Appeal.--
``(1) Automatic review.--If the judgment includes a sentence of
death, dismissal of a commissioned officer, cadet, or midshipman,
dishonorable discharge or bad-conduct discharge, or confinement for
2 years or more, the Judge Advocate General shall forward the
record of trial to the Court of Criminal Appeals for review under
section 866(b)(2) of this title (article 66(b)(2)).
``(2) Cases eligible for direct appeal review.--
``(A) In general.--If the case is eligible for direct
review under section 866(b)(1) of this title (article
66(b)(1)), the Judge Advocate General shall--
``(i) forward a copy of the record of trial to an
appellate defense counsel who shall be detailed to review
the case and, upon request of the accused, to represent the
accused before the Court of Criminal Appeals; and
``(ii) upon written request of the accused, forward a
copy of the record of trial to civilian counsel provided by
the accused.
``(B) Inapplicability.--Subparagraph (A) shall not apply if
the accused--
``(i) waives the right to appeal under section 861 of
this title (article 61); or
``(ii) declines in writing the detailing of appellate
defense counsel under subparagraph (A)(i).
``(c) Notice of Right to Appeal.--
``(1) In general.--The Judge Advocate General shall provide
notice to the accused of the right to file an appeal under section
866(b)(1) of this title (article 66(b)(1)) by means of depositing
in the United States mails for delivery by first class certified
mail to the accused at an address provided by the accused or, if no
such address has been provided by the accused, at the latest
address listed for the accused in the official service record of
the accused.
``(2) Inapplicability upon waiver of appeal.--Paragraph (1)
shall not apply if the accused waives the right to appeal under
section 861 of this title (article 61).
``(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. 5330. COURTS OF CRIMINAL APPEALS.
(a) Appellate Military Judges.--Subsection (a) of section 866 of
title 10, United States Code (article 66 of the Uniform Code of
Military Justice), is amended--
(1) in the second sentence, by striking ``subsection (f)'' and
inserting ``subsection (h)'';
(2) in the fourth sentence, by inserting after ``highest court
of a State'' the following: ``and must be certified by the Judge
Advocate General as qualified, by reason of education, training,
experience, and judicial temperament, for duty as an appellate
military judge''; and
(3) by adding at the end the following new sentence: ``In
accordance with regulations prescribed by the President,
assignments of appellate military judges under this section
(article) shall be for appropriate minimum periods, subject to such
exceptions as may be authorized in the regulations.''.
(b) Revision of Appellate Procedures.--Such section (article) is
further amended--
(1) by redesignating subsections (e), (f), (g), and (h) as
subsections (g), (h), (i), and (j), respectively; and
(2) by striking subsections (b), (c), and (d) and inserting the
following new subsections:
``(b) Review.--
``(1) Appeals by accused.--A Court of Criminal Appeals shall
have jurisdiction over a timely appeal from the judgment of a
court-martial, entered into the record under section 860c of this
title (article 60c), as follows:
``(A) On appeal by the accused in a case in which the
sentence extends to confinement for more than six months and
the case is not subject to automatic review under paragraph
(3).
``(B) On appeal by the accused in a case in which the
Government previously filed an appeal under section 862 of this
title (article 62).
``(C) On appeal by the accused in a case that the Judge
Advocate General has sent to the Court of Criminal Appeals for
review of the sentence under section 856(d) of this title
(article 56(d)).
``(D) In a case in which the accused filed an application
for review with the Court under section 869(d)(1)(B) of this
title (article 69(d)(1)(B)) and the application has been
granted by the Court.
``(2) Review of certain sentences.--A Court of Criminal Appeals
shall have jurisdiction over all cases that the Judge Advocate
General orders sent to the Court for review under section 856(d) of
this title (article 56(d)).
``(3) Automatic review.--A Court of Criminal Appeals shall have
jurisdiction over a court-martial in which the judgment entered
into the record under section 860c of this title (article 60c)
includes a sentence of death, dismissal of a commissioned officer,
cadet, or midshipman, dishonorable discharge or bad-conduct
discharge, or confinement for 2 years or more.
``(c) Timeliness.--An appeal under subsection (b)(1) is timely if
it is filed as follows:
``(1) In the case of an appeal by the accused under subsection
(b)(1)(A) or (b)(1)(B), if filed before the later of--
``(A) the end of the 90-day period beginning on the date
the accused is provided notice of appellate rights under
section 865(c) of this title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals by rule
or order.
``(2) In the case of an appeal by the accused under subsection
(b)(1)(C), if filed before the later of--
``(A) the end of the 90-day period beginning on the date
the accused is notified that the application for review has
been granted by letter placed in the United States mails for
delivery by first class certified mail to the accused at an
address provided by the accused or, if no such address has been
provided by the accused, at the latest address listed for the
accused in his official service record; or
``(B) the date set by the Court of Criminal Appeals by rule
or order.
``(d) Duties.--
``(1) Cases appealed by accused.--In any case before the Court
of Criminal Appeals under subsection (b), the Court may act only
with respect to the findings and sentence as entered into the
record under section 860c of this title (article 60c). The Court
may affirm only such findings of guilty, and the sentence or such
part or amount of the sentence, as the Court finds correct in law
and fact and determines, on the basis of the entire record, should
be approved. In considering the record, the Court may weigh the
evidence, judge the credibility of witnesses, and determine
controverted questions of fact, recognizing that the trial court
saw and heard the witnesses.
``(2) Error or excessive delay.--In any case before the Court
of Criminal Appeals under subsection (b), the Court may provide
appropriate relief if the accused demonstrates error or excessive
delay in the processing of the court-martial after the judgment was
entered into the record under section 860c of this title (article
60c).
``(e) Consideration of Appeal of Sentence by the United States.--
``(1) In general.--In considering a sentence on appeal or
review as provided in section 856(d) of this title (article 56(d)),
the Court of Criminal Appeals may consider--
``(A) whether the sentence violates the law; and
``(B) whether the sentence is plainly unreasonable.
``(2) Record on appeal or review.--In an appeal or review under
this subsection or section 856(d) of this title (article 56(d)),
the record on appeal or review shall consist of--
``(A) any portion of the record in the case that is
designated as pertinent by either of the parties;
``(B) the information submitted during the sentencing
proceeding; and
``(C) any information required by rule or order of the
Court of Criminal Appeals.
``(f) Limits of Authority.--
``(1) Set aside of findings.--
``(A) In general.--If the Court of Criminal Appeals sets
aside the findings, the Court--
``(i) may affirm any lesser included offense; and
``(ii) may, except when prohibited by section 844 of
this title (article 44), order a rehearing.
``(B) Dismissal when no rehearing ordered.--If the Court of
Criminal Appeals sets aside the findings and does not order a
rehearing, the Court shall order that the charges be dismissed.
``(C) Dismissal when rehearing impracticable.--If the Court
of Criminal Appeals orders a rehearing on a charge and the
convening authority finds a rehearing impracticable, the
convening authority may dismiss the charge.
``(2) Set aside of sentence.--If the Court of Criminal Appeals
sets aside the sentence, the Court may--
``(A) modify the sentence to a lesser sentence; or
``(B) order a rehearing.
``(3) Additional proceedings.--If the Court determines that
additional proceedings are warranted, the Court may order a hearing
as may be necessary to address a substantial issue, subject to such
limitations as the Court may direct and under such regulations as
the President may prescribe.''.
(c) Action When Rehearing Impracticable After Rehearing Order.--
Subsection (g) of such section (article), as redesignated by subsection
(b)(1) of this section, is amended--
(1) in the first sentence, by striking ``convening authority''
and inserting ``appropriate authority''; and
(2) by striking the last sentence.
(d) Section Heading.--The heading of such section (article) is
amended to read as follows:
``Sec. 866. Art. 66. Courts of Criminal Appeals''.
(e) Subsection Heading Amendments for Stylistic Consistency.--Such
section (article) is further amended--
(1) in subsection (a), by inserting ``Courts of Criminal
Appeals.--'' after ``(a)'';
(2) in subsection (g), as redesignated by subsection (b)(1) of
this section, by inserting ``Action in Accordance With Decisions of
Courts.--'' after ``(g)'';
(3) in subsection (h), as so redesignated, by inserting ``Rules
of Procedure.--'' after ``(h)'';
(4) in subsection (i), as so redesignated, by inserting
``Prohibition on Evaluation of Other Members of Courts.--'' after
``(i)''; and
(5) in subsection (j), as so redesignated, by inserting
``Ineligibility of Members of Courts To Review Records of Cases
Involving Certain Prior Member Service.--'' after ``(j)''.
SEC. 5331. REVIEW BY COURT OF APPEALS FOR THE ARMED FORCES.
(a) JAG Notification.--Subsection (a)(2) of section 867 of title
10, United States Code (article 67 of the Uniform Code of Military
Justice), is amended by inserting after ``the Judge Advocate General''
the following: ``, after appropriate notification to the other Judge
Advocates General and the Staff Judge Advocate to the Commandant of the
Marine Corps,''.
(b) Basis for Review.--Subsection (c) of such section (article) is
amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by designating the second sentence as paragraph (2);
(3) by designating the third sentence as paragraph (3);
(4) by designating the fourth sentence as paragraph (4); and
(5) in paragraph (1), as designated by paragraph (1) of this
subsection, by striking ``only with respect to'' and all that
follows through the end of the sentence and inserting ``only with
respect to--
``(A) the findings and sentence set forth in the entry of
judgment, as affirmed or set aside as incorrect in law by the Court
of Criminal Appeals; or
``(B) a decision, judgment, or order by a military judge, as
affirmed or set aside as incorrect in law by the Court of Criminal
Appeals.''.
SEC. 5332. SUPREME COURT REVIEW.
The second sentence of section 867a(a) of title 10, United States
Code (article 67a(a) of the Uniform Code of Military Justice), is
amended by inserting before ``Court of Appeals'' the following:
``United States''.
SEC. 5333. REVIEW BY JUDGE ADVOCATE GENERAL.
Section 869 of title 10, United States Code (article 69 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 869. Art. 69. Review by Judge Advocate General
``(a) In General.--Upon application by the accused and subject to
subsections (b), (c), and (d), the Judge Advocate General may modify or
set aside, in whole or in part, the findings and sentence in a court-
martial that is not reviewed under section 866 of this title (article
66).
``(b) Timing.--To qualify for consideration, an application under
subsection (a) must be submitted to the Judge Advocate General not
later than one year after the date of completion of review under
section 864 or 865 of this title (article 64 or 65), as the case may
be. The Judge Advocate General may, for good cause shown, extend the
period for submission of an application, but may not consider an
application submitted more than three years after such completion date.
``(c) Scope.--(1)(A) In a case reviewed under section 864 or 865(b)
of this title (article 64 or 65(b)), the Judge Advocate General may set
aside the findings or sentence, in whole or in part on the grounds of
newly discovered evidence, fraud on the court, lack of jurisdiction
over the accused or the offense, error prejudicial to the substantial
rights of the accused, or the appropriateness of the sentence.
``(B) In setting aside findings or sentence, the Judge Advocate
General may order a rehearing, except that a rehearing may not be
ordered in violation of section 844 of this title (article 44).
``(C) If the Judge Advocate General sets aside findings and
sentence and does not order a rehearing, the Judge Advocate General
shall dismiss the charges.
``(D) If the Judge Advocate General sets aside findings and orders
a rehearing and the convening authority determines that a rehearing
would be impractical, the convening authority shall dismiss the
charges.
``(2) In a case reviewed under section 865(b) of this title
(article 65(b)), review under this section is limited to the issue of
whether the waiver or withdrawal of an appeal was invalid under the
law. If the Judge Advocate General determines that the waiver or
withdrawal of an appeal was invalid, the Judge Advocate General shall
order appropriate corrective action under rules prescribed by the
President.
``(d) Court of Criminal Appeals.--(1) A Court of Criminal Appeals
may review the action taken by the Judge Advocate General under
subsection (c)--
``(A) in a case sent to the Court of Criminal Appeals by order
of the Judge Advocate General; or
``(B) in a case submitted to the Court of Criminal Appeals by
the accused in an application for review.
``(2) The Court of Criminal Appeals may grant an application under
paragraph (1)(B) only if--
``(A) the application demonstrates a substantial basis for
concluding that the action on review under subsection (c)
constituted prejudicial error; and
``(B) the application is filed not later than the earlier of--
``(i) 60 days after the date on which the accused is
notified of the decision of the Judge Advocate General; or
``(ii) 60 days after the date on which a copy of the
decision of the Judge Advocate General is deposited in the
United States mails for delivery by first-class certified mail
to the accused at an address provided by the accused or, if no
such address has been provided by the accused, at the latest
address listed for the accused in his official service record.
``(3) The submission of an application for review under this
subsection does not constitute a proceeding before the Court of
Criminal Appeals for purposes of section 870(c)(1) of this title
(article 70(c)(1)).
``(e) Action Only on Matters of Law.--Notwithstanding section 866
of this title (article 66), in any case reviewed by a Court of Criminal
Appeals under subsection (d), the Court may take action only with
respect to matters of law.''.
SEC. 5334. APPELLATE DEFENSE COUNSEL IN DEATH PENALTY CASES.
Section 870 of title 10, United States Code (article 70 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(f) To the greatest extent practicable, in any capital case, at
least one defense counsel under subsection (c) shall, as determined by
the Judge Advocate General, be learned in the law applicable to such
cases. If necessary, this counsel may be a civilian and, if so, may be
compensated in accordance with regulations prescribed by the Secretary
of Defense.''.
SEC. 5335. AUTHORITY FOR HEARING ON VACATION OF SUSPENSION OF SENTENCE
TO BE CONDUCTED BY QUALIFIED JUDGE ADVOCATE.
(a) In General.--Subsection (a) of section 872 of title 10, United
States Code (article 72 of the Uniform Code of Military Justice), is
amended by inserting after the first sentence the following new
sentence: ``The special court-martial convening authority may detail a
judge advocate, who is certified under section 827(b) of this title
(article 27(b)), to conduct the hearing.''.
(b) Technical Amendments.--Such section (article) is further
amended--
(1) in the last sentence of subsection (a), by striking ``if he
so desires'' and inserting ``if the probationer so desires''; and
(2) in the second sentence of subsection (b)--
(A) by striking ``If he'' and inserting ``If the officer
exercising general court-martial jurisdiction''; and
(B) by striking ``section 871(c) of this title (article
71(c))'' and inserting ``section 857 of this title (article
57)''.
SEC. 5336. EXTENSION OF TIME FOR PETITION FOR NEW TRIAL.
The first sentence of section 873 of title 10, United States Code
(article 73 of the Uniform Code of Military Justice), is amended by
striking ``two years after approval by the convening authority of a
court-martial sentence'' and inserting ``three years after the date of
the entry of judgment under section 860c of this title (article 60c)''.
SEC. 5337. RESTORATION.
Section 875 of title 10, United States Code (article 75 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new subsection:
``(d) The President shall prescribe regulations, with such
limitations as the President considers appropriate, governing
eligibility for pay and allowances for the period after the date on
which an executed part of a court-martial sentence is set aside.''.
SEC. 5338. LEAVE REQUIREMENTS PENDING REVIEW OF CERTAIN COURT-MARTIAL
CONVICTIONS.
Section 876a of title 10, United States Code (article 76a of the
Uniform Code of Military Justice), is amended--
(1) in the first sentence, by striking ``, as approved under
section 860 of this title (article 60),''; and
(2) in the second sentence, by striking ``on which the sentence
is approved under section 860 of this title (article 60)'' and
inserting ``of the entry of judgment under section 860c of this
title (article 60c)''.

TITLE LX--PUNITIVE ARTICLES

Sec. 5401. Reorganization of punitive articles.
Sec. 5402. Conviction of offense charged, lesser included offenses, and
attempts.
Sec. 5403. Soliciting commission of offenses.
Sec. 5404. Malingering.
Sec. 5405. Breach of medical quarantine.
Sec. 5406. Missing movement; jumping from vessel.
Sec. 5407. Offenses against correctional custody and restriction.
Sec. 5408. Disrespect toward superior commissioned officer; assault of
superior commissioned officer.
Sec. 5409. Willfully disobeying superior commissioned officer.
Sec. 5410. Prohibited activities with military recruit or trainee by
person in position of special trust.
Sec. 5411. Offenses by sentinel or lookout.
Sec. 5412. Disrespect toward sentinel or lookout.
Sec. 5413. Release of prisoner without authority; drinking with
prisoner.
Sec. 5414. Penalty for acting as a spy.
Sec. 5415. Public records offenses.
Sec. 5416. False or unauthorized pass offenses.
Sec. 5417. Impersonation offenses.
Sec. 5418. Insignia offenses.
Sec. 5419. False official statements; false swearing.
Sec. 5420. Parole violation.
Sec. 5421. Wrongful taking, opening, etc. of mail matter.
Sec. 5422. Improper hazarding of vessel or aircraft.
Sec. 5423. Leaving scene of vehicle accident.
Sec. 5424. Drunkenness and other incapacitation offenses.
Sec. 5425. Lower blood alcohol content limits for conviction of drunken
or reckless operation of vehicle, aircraft, or vessel.
Sec. 5426. Endangerment offenses.
Sec. 5427. Communicating threats.
Sec. 5428. Technical amendment relating to murder.
Sec. 5429. Child endangerment.
Sec. 5430. Rape and sexual assault offenses.
Sec. 5431. Deposit of obscene matter in the mail.
Sec. 5432. Fraudulent use of credit cards, debit cards, and other access
devices.
Sec. 5433. False pretenses to obtain services.
Sec. 5434. Robbery.
Sec. 5435. Receiving stolen property.
Sec. 5436. Offenses concerning Government computers.
Sec. 5437. Bribery.
Sec. 5438. Graft.
Sec. 5439. Kidnapping.
Sec. 5440. Arson; burning property with intent to defraud.
Sec. 5441. Assault.
Sec. 5442. Burglary and unlawful entry.
Sec. 5443. Stalking.
Sec. 5444. Subornation of perjury.
Sec. 5445. Obstructing justice.
Sec. 5446. Misprision of serious offense.
Sec. 5447. Wrongful refusal to testify.
Sec. 5448. Prevention of authorized seizure of property.
Sec. 5449. Wrongful interference with adverse administrative proceeding.
Sec. 5450. Retaliation.
Sec. 5451. Extraterritorial application of certain offenses.
Sec. 5452. Table of sections.
SEC. 5401. REORGANIZATION OF PUNITIVE ARTICLES.
Sections of subchapter X of chapter 47 of title 10, United States
Code (articles of the Uniform Code of Military Justice), are
transferred within subchapter X and redesignated as follows:
(1) Enlistment and separation.--Sections 883 and 884 (articles
83 and 84) are transferred so as to appear (in that order) after
section 904 (article 104) and are redesignated as sections 904a and
904b (articles 104a and 104b), respectively.
(2) Resistance, flight, breach of arrest, and escape.--Section
895 (article 95) is transferred so as to appear after section 887
(article 87) and is redesignated as section 887a (article 87a).
(3) Noncompliance with procedural rules.--Section 898 (article
98) is transferred so as to appear after section 931 (article 131)
and is redesignated as section 931f (article 131f).
(4) Captured or abandoned property.--Section 903 (article 103)
is transferred so as to appear after section 908 (article 108) and
is redesignated as section 908a (article 108a).
(5) Aiding the enemy.--Section 904 (article 104) is
redesignated as section 903b (article 103b).
(6) Misconduct as prisoner.--Section 905 (article 105) is
transferred so as to appear after section 897 (article 97) and is
redesignated as section 898 (article 98).
(7) Spies; espionage.--Sections 906 and 906a (articles 106 and
106a) are transferred so as to appear (in that order) after section
902 (article 102) and are redesignated as sections 903 and 903a
(articles 103 and 103a), respectively.
(8) Misbehavior of sentinel.--Section 913 (article 113) is
transferred so as to appear after section 894 (article 94) and is
redesignated as section 895 (article 95).
(9) Drunken or reckless operation of a vehicle, aircraft, or
vessel.--Section 911 (article 111) is transferred so as to appear
after section 912a (article 912a) and is redesignated as section
913 (article 113).
(10) Housebreaking.--Section 930 (article 130) is redesignated
as section 929a (article 129a).
(11) Stalking.--Section 920a (article 120a) is transferred so
as to appear after section 929a (article 129a), as redesignated by
paragraph (10), and is redesignated as section 930 (article 130).
(12) Forgery.--Section 923 (article 123) is transferred so as
to appear after section 904b (article 104b), as transferred and
redesignated by paragraph (1), and is redesignated as section 905
(article 105).
(13) Maiming.--
(A) In general.--Section 924 (article 124) is transferred
so as to appear after section 928 (article 128) and is
redesignated as section 928a (article 128a).
(B) Conforming amendments.--Section 919a(b) (article
919a(b)) is amended--
(i) by striking ``924,'' and inserting ``928a,''; and
(ii) by striking ``124,'' and inserting ``128a''.
(14) Frauds against the united states.--Section 932 of (article
132) is transferred so as to appear after section 923a (article
123a) and is redesignated as section 924 (article 124).
SEC. 5402. CONVICTION OF OFFENSE CHARGED, LESSER INCLUDED OFFENSES, AND
ATTEMPTS.
Section 879 of title 10, United States Code (article 79 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 879. Art. 79. Conviction of offense charged, lesser included
offenses, and attempts
``(a) In General.--An accused may be found guilty of any of the
following:
``(1) The offense charged.
``(2) A lesser included offense.
``(3) An attempt to commit the offense charged.
``(4) An attempt to commit a lesser included offense, if the
attempt is an offense in its own right.
``(b) Lesser Included Offense Defined.--In this section (article),
the term `lesser included offense' means--
``(1) an offense that is necessarily included in the offense
charged; and
``(2) any lesser included offense so designated by regulation
prescribed by the President.
``(c) Regulatory Authority.--Any designation of a lesser included
offense in a regulation referred to in subsection (b) shall be
reasonably included in the greater offense.''.
SEC. 5403. SOLICITING COMMISSION OF OFFENSES.
Section 882 of title 10, United States Code (article 82 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 882. Art. 82. Soliciting commission of offenses
``(a) Soliciting Commission of Offenses Generally.--Any person
subject to this chapter who solicits or advises another to commit an
offense under this chapter (other than an offense specified in
subsection (b)) shall be punished as a court-martial may direct.
``(b) Soliciting Desertion, Mutiny, Sedition, or Misbehavior Before
the Enemy.--Any person subject to this chapter who solicits or advises
another to violate section 885 of this title (article 85), section 894
of this title (article 94), or section 99 of this title (article 99)--
``(1) if the offense solicited or advised is attempted or is
committed, shall be punished with the punishment provided for the
commission of the offense; and
``(2) if the offense solicited or advised is not attempted or
committed, shall be punished as a court-martial may direct.''.
SEC. 5404. MALINGERING.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 882 (article 82 of the Uniform Code
of Military Justice), as amended by section 5403 of this Act, the
following new section (article):
``Sec. 883. Art. 83. Malingering
``Any person subject to this chapter who, with the intent to avoid
work, duty, or service--
``(1) feigns illness, physical disablement, mental lapse, or
mental derangement; or
``(2) intentionally inflicts self-injury;
shall be punished as a court-martial may direct.''.
SEC. 5405. BREACH OF MEDICAL QUARANTINE.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 883 (article 83 of the Uniform Code
of Military Justice), as added by section 5404 of this Act, the
following new section (article):
``Sec. 884. Art. 84. Breach of medical quarantine
``Any person subject to this chapter--
``(1) who is ordered into medical quarantine by a person
authorized to issue such order; and
``(2) who, with knowledge of the quarantine and the limits of
the quarantine, goes beyond those limits before being released from
the quarantine by proper authority;
shall be punished as a court-martial may direct.''.
SEC. 5406. MISSING MOVEMENT; JUMPING FROM VESSEL.
Section 887 of title 10, United States Code (article 87 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 887. Art. 87. Missing movement; jumping from vessel
``(a) Missing Movement.--Any person subject to this chapter who,
through neglect or design, misses the movement of a ship, aircraft, or
unit with which the person is required in the course of duty to move
shall be punished as a court-martial may direct.
``(b) Jumping From Vessel Into the Water.--Any person subject to
this chapter who wrongfully and intentionally jumps into the water from
a vessel in use by the armed forces shall be punished as a court-
martial may direct.''.
SEC. 5407. OFFENSES AGAINST CORRECTIONAL CUSTODY AND RESTRICTION.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 887a (article 87a of the Uniform
Code of Military Justice), as transferred and redesignated by section
5401(2) of this Act, the following new section (article):
``Sec. 887b. Art. 87b. Offenses against correctional custody and
restriction
``(a) Escape From Correctional Custody.--Any person subject to this
chapter--
``(1) who is placed in correctional custody by a person
authorized to do so;
``(2) who, while in correctional custody, is under physical
restraint; and
``(3) who escapes from the physical restraint before being
released from the physical restraint by proper authority;
shall be punished as a court-martial may direct.
``(b) Breach of Correctional Custody.--Any person subject to this
chapter--
``(1) who is placed in correctional custody by a person
authorized to do so;
``(2) who, while in correctional custody, is under restraint
other than physical restraint; and
``(3) who goes beyond the limits of the restraint before being
released from the correctional custody or relieved of the restraint
by proper authority;
shall be punished as a court-martial may direct.
``(c) Breach of Restriction.--Any person subject to this chapter--
``(1) who is ordered to be restricted to certain limits by a
person authorized to do so; and
``(2) who, with knowledge of the limits of the restriction,
goes beyond those limits before being released by proper authority;
shall be punished as a court-martial may direct.''.
SEC. 5408. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER; ASSAULT OF
SUPERIOR COMMISSIONED OFFICER.
Section 889 of title 10, United States Code (article 89 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 889. Art. 89. Disrespect toward superior commissioned officer;
assault of superior commissioned officer
``(a) Disrespect.--Any person subject to this chapter who behaves
with disrespect toward that person's superior commissioned officer
shall be punished as a court-martial may direct.
``(b) Assault.--Any person subject to this chapter who strikes that
person's superior commissioned officer or draws or lifts up any weapon
or offers any violence against that officer while the officer is in the
execution of the officer's office shall be punished--
``(1) if the offense is committed in time of war, by death or
such other punishment as a court-martial may direct; and
``(2) if the offense is committed at any other time, by such
punishment, other than death, as a court-martial may direct.''.
SEC. 5409. WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.
Section 890 of title 10, United States Code (article 90 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 890. Art. 90. Willfully disobeying superior commissioned officer
``Any person subject to this chapter who willfully disobeys a
lawful command of that person's superior commissioned officer shall be
punished--
``(1) if the offense is committed in time of war, by death or
such other punishment as a court-martial may direct; and
``(2) if the offense is committed at any other time, by such
punishment, other than death, as a court-martial may direct.''.
SEC. 5410. PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY
PERSON IN POSITION OF SPECIAL TRUST.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 893 (article 93 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 893a. 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) Military recruiter.--The term `military recruiter' means
a person who, under regulations prescribed by the Secretary
concerned, has the primary duty to recruit persons for military
service.
``(5) Prohibited sexual activity.--The term `prohibited sexual
activity' means, as specified in regulations prescribed by the
Secretary concerned, inappropriate physical intimacy under
circumstances described in such regulations.''.
SEC. 5411. OFFENSES BY SENTINEL OR LOOKOUT.
Section 895 of title 10, United States Code (article 95 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5401(8) of this Act, is amended to read as follows:
``Sec. 895. Art. 95. Offenses by sentinel or lookout
``(a) Drunk or Sleeping on Post, or Leaving Post Before Being
Relieved.--Any sentinel or lookout who is drunk on post, who sleeps on
post, or who leaves post before being regularly relieved, shall be
punished--
``(1) if the offense is committed in time of war, by death or
such other punishment as a court-martial may direct; and
``(2) if the offense is committed other than in time of war, by
such punishment, other than death, as a court-martial may direct.
``(b) Loitering or Wrongfully Sitting on Post.--Any sentinel or
lookout who loiters or wrongfully sits down on post shall be punished
as a court-martial may direct.''.
SEC. 5412. DISRESPECT TOWARD SENTINEL OR LOOKOUT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 895 (article 95 of the Uniform Code
of Military Justice), as amended by section 5411 of this Act, the
following new section (article):
``Sec. 895a. 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. 5413. RELEASE OF PRISONER WITHOUT AUTHORITY; DRINKING WITH
PRISONER.
Section 896 of title 10, United States Code (article 96 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 896. Art. 96. Release of prisoner without authority; drinking
with prisoner
``(a) Release of Prisoner Without Authority.--Any person subject to
this chapter--
``(1) who, without authority to do so, releases a prisoner; or
``(2) who, through neglect or design, allows a prisoner to
escape;
shall be punished as a court-martial may direct, whether or not the
prisoner was committed in strict compliance with the law.
``(b) Drinking With Prisoner.--Any person subject to this chapter
who unlawfully drinks any alcoholic beverage with a prisoner shall be
punished as a court-martial may direct.''.
SEC. 5414. PENALTY FOR ACTING AS A SPY.
Section 903 of title 10, United States Code (article 103 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5401(7) of this Act, is amended by inserting before the period
at the end of the first sentence the following: ``or such other
punishment as a court-martial or a military commission may direct''.
SEC. 5415. PUBLIC RECORDS OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 903b (article 103b of the Uniform
Code of Military Justice), as redesignated by section 5401(5) of this
Act, the following new section (article):
``Sec. 904. Art. 104. Public records offenses
``Any person subject to this chapter who, willfully and
unlawfully--
``(1) alters, conceals, removes, mutilates, obliterates, or
destroys a public record; or
``(2) takes a public record with the intent to alter, conceal,
remove, mutilate, obliterate, or destroy the public record;
shall be punished as a court-martial may direct.''.
SEC. 5416. FALSE OR UNAUTHORIZED PASS OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 905 (article 105 of the Uniform Code
of Military Justice), as transferred and redesignated by section
5401(12) of this Act, the following new section (article):
``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. 5417. IMPERSONATION OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 905a (article 105a of the Uniform
Code of Military Justice), as added by section 5416 of this Act, the
following new section (article):
``Sec. 906. Art. 106. Impersonation of officer, noncommissioned or
petty officer, or agent or official
``(a) In General.--Any person subject to this chapter who,
wrongfully and willfully, impersonates--
``(1) an officer, a noncommissioned officer, or a petty
officer;
``(2) an agent of superior authority of one of the armed
forces; or
``(3) an official of a government;
shall be punished as a court-martial may direct.
``(b) Impersonation With Intent to Defraud.--Any person subject to
this chapter who, wrongfully, willfully, and with intent to defraud,
impersonates any person referred to in paragraph (1), (2), or (3) of
subsection (a) shall be punished as a court-martial may direct.
``(c) Impersonation of Government Official Without Intent to
Defraud.--Any person subject to this chapter who, wrongfully,
willfully, and without intent to defraud, impersonates an official of a
government by committing an act that exercises or asserts the authority
of the office that the person claims to have shall be punished as a
court-martial may direct.''.
SEC. 5418. INSIGNIA OFFENSES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 906 (article 106 of the Uniform Code
of Military Justice), as added by section 5417 of this Act, the
following new section (article):
``Sec. 906a. 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. 5419. FALSE OFFICIAL STATEMENTS; FALSE SWEARING.
Section 907 of title 10, United States Code (article 107 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 907. Art. 107. False official statements; false swearing
``(a) False Official Statements.--Any person subject to this
chapter who, with intent to deceive--
``(1) signs any false record, return, regulation, order, or
other official document, knowing it to be false; or
``(2) makes any other false official statement knowing it to be
false;
shall be punished as a court-martial may direct.
``(b) False Swearing.--Any person subject to this chapter--
``(1) who takes an oath that--
``(A) is administered in a matter in which such oath is
required or authorized by law; and
``(B) is administered by a person with authority to do so;
and
``(2) who, upon such oath, makes or subscribes to a statement;
if the statement is false and at the time of taking the oath, the
person does not believe the statement to be true, shall be punished as
a court-martial may direct.''.
SEC. 5420. PAROLE VIOLATION.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 907 (article 107 of the Uniform Code
of Military Justice), as amended by section 5419 of this Act, the
following new section (article):
``Sec. 907a. Art. 107a. Parole violation
``Any person subject to this chapter--
``(1) who, having been a prisoner as the result of a court-
martial conviction or other criminal proceeding, is on parole with
conditions; and
``(2) who violates the conditions of parole;
shall be punished as a court-martial may direct.''.
SEC. 5421. WRONGFUL TAKING, OPENING, ETC. OF MAIL MATTER.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 909 (article 109 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 909a. 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. 5422. IMPROPER HAZARDING OF VESSEL OR AIRCRAFT.
Section 910 of title 10, United States Code (article 110 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 910. Art. 110. Improper hazarding of vessel or aircraft
``(a) Willful and Wrongful Hazarding.--Any person subject to this
chapter who, willfully and wrongfully, hazards or suffers to be
hazarded any vessel or aircraft of the armed forces shall be punished
by death or such other punishment as a court-martial may direct.
``(b) Negligent Hazarding.--Any person subject to this chapter who
negligently hazards or suffers to be hazarded any vessel or aircraft of
the armed forces shall be punished as a court-martial may direct.''.
SEC. 5423. LEAVING SCENE OF VEHICLE ACCIDENT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 910 (article 110 of the Uniform Code
of Military Justice), as amended by section 5422 of this Act, the
following new section (article):
``Sec. 911. Art. 111. Leaving scene of vehicle accident
``(a) Driver.--Any person subject to this chapter--
``(1) who is the driver of a vehicle that is involved in an
accident that results in personal injury or property damage; and
``(2) who wrongfully leaves the scene of the accident--
``(A) without providing assistance to an injured person; or
``(B) without providing personal identification to others
involved in the accident or to appropriate authorities;
shall be punished as a court-martial may direct.
``(b) Senior Passenger.--Any person subject to this chapter--
``(1) who is a passenger in a vehicle that is involved in an
accident that results in personal injury or property damage;
``(2) who is the superior commissioned or noncommissioned
officer of the driver of the vehicle or is the commander of the
vehicle; and
``(3) who wrongfully and unlawfully orders, causes, or permits
the driver to leave the scene of the accident--
``(A) without providing assistance to an injured person; or
``(B) without providing personal identification to others
involved in the accident or to appropriate authorities;
shall be punished as a court-martial may direct.''.
SEC. 5424. DRUNKENNESS AND OTHER INCAPACITATION OFFENSES.
Section 912 of title 10, United States Code (article 112 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 912. Art. 112. Drunkenness and other incapacitation offenses
``(a) Drunk on Duty.--Any person subject to this chapter who is
drunk on duty shall be punished as a court-martial may direct.
``(b) Incapacitation for Duty From Drunkenness or Drug Use.--Any
person subject to this chapter who, as a result of indulgence in any
alcoholic beverage or any drug, is incapacitated for the proper
performance of duty shall be punished as a court-martial may direct.
``(c) Drunk Prisoner.--Any person subject to this chapter who is a
prisoner and, while in such status, is drunk shall be punished as a
court-martial may direct.''.
SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVICTION OF DRUNKEN
OR RECKLESS OPERATION OF VEHICLE, AIRCRAFT, OR VESSEL.
Subsection (b)(3) of section 913 of title 10, United States Code
(article 113 of the Uniform Code of Military Justice), as transferred
and redesignated by section 5401(9) of this Act, is amended--
(1) by striking ``0.10 grams'' both places it appears and
inserting ``0.08 grams''; and
(2) by adding at the end the following new sentence: ``The
Secretary may by regulation prescribe limits that are lower than
the limits specified in the preceding sentence, if such lower
limits are based on scientific developments, as reflected in
Federal law of general applicability.''.
SEC. 5426. ENDANGERMENT OFFENSES.
Section 914 of title 10, United States Code (article 114 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 914. Art. 114. Endangerment offenses
``(a) Reckless Endangerment.--Any person subject to this chapter
who engages in conduct that--
``(1) is wrongful and reckless or is wanton; and
``(2) is likely to produce death or grievous bodily harm to
another person;
shall be punished as a court-martial may direct.
``(b) Dueling.--Any person subject to this chapter--
``(1) who fights or promotes, or is concerned in or connives at
fighting, a duel; or
``(2) who, having knowledge of a challenge sent or about to be
sent, fails to report the facts promptly to the proper authority;
shall be punished as a court-martial may direct.
``(c) Firearm Discharge, Endangering Human Life.--Any person
subject to this chapter who, willfully and wrongly, discharges a
firearm, under circumstances such as to endanger human life shall be
punished as a court-martial may direct.
``(d) Carrying Concealed Weapon.--Any person subject to this
chapter who unlawfully carries a dangerous weapon concealed on or about
his person shall be punished as a court-martial may direct.''.
SEC. 5427. COMMUNICATING THREATS.
Section 915 of title 10, United States Code (article 115 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 915. Art. 115. Communicating threats
``(a) Communicating Threats Generally.--Any person subject to this
chapter who wrongfully communicates a threat to injure the person,
property, or reputation of another shall be punished as a court-martial
may direct.
``(b) Communicating Threat to Use Explosive, etc.--Any person
subject to this chapter who wrongfully communicates a threat to injure
the person or property of another by use of (1) an explosive, (2) a
weapon of mass destruction, (3) a biological or chemical agent,
substance, or weapon, or (4) a hazardous material, shall be punished as
a court-martial may direct.
``(c) Communicating False Threat Concerning Use of Explosive,
etc.--Any person subject to this chapter who maliciously communicates a
false threat concerning injury to the person or property of another by
use of (1) an explosive, (2) a weapon of mass destruction, (3) a
biological or chemical agent, substance, or weapon, or (4) a hazardous
material, shall be punished as a court-martial may direct. As used in
the preceding sentence, the term `false threat' means a threat that, at
the time the threat is communicated, is known to be false by the person
communicating the threat.''.
SEC. 5428. TECHNICAL AMENDMENT RELATING TO MURDER.
Section 918(4) of title 10, United States Code (article 118(4) of
the Uniform Code of Military Justice), is amended by striking
``forcible sodomy,''.
SEC. 5429. CHILD ENDANGERMENT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 919a (article 119a of the Uniform
Code of Military Justice), the following new section (article):
``Sec. 919b. Art. 119b. Child endangerment
``Any person subject to this chapter--
``(1) who has a duty for the care of a child under the age of
16 years; and
``(2) who, through design or culpable negligence, endangers the
child's mental or physical health, safety, or welfare;
shall be punished as a court-martial may direct.''.
SEC. 5430. RAPE AND SEXUAL ASSAULT OFFENSES.
(a) Offense of Sexual Assault.--Subsection (b) of section 920 of
title 10, United States Code (article 120 of the Uniform Code of
Military Justice), is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(2) in paragraph (2)--
(A) by striking ``another person when'' and inserting
``another person--
``(B) when''; and
(B) by inserting before subparagraph (B), as added by
subparagraph (A) of this paragraph, the following new
subparagraph:
``(A) without the consent of the other person; or''.
(b) Definitions.--
(1) Sexual act.--Paragraph (1) of subsection (g) of such
section (article) is amended to read as follows:
``(1) Sexual act.--The term `sexual act' means--
``(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. 5431. DEPOSIT OF OBSCENE MATTER IN THE MAIL.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 920 (article 120 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 920a. Art. 120a. Mails: deposit of obscene matter
``Any person subject to this chapter who, wrongfully and knowingly,
deposits obscene matter for mailing and delivery shall be punished as a
court-martial may direct.''.
SEC. 5432. FRAUDULENT USE OF CREDIT CARDS, DEBIT CARDS, AND OTHER
ACCESS DEVICES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 921 (article 121 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 921a. Art. 121a. Fraudulent use of credit cards, debit cards,
and other access devices
``(a) In General.--Any person subject to this chapter who,
knowingly and with intent to defraud, uses--
``(1) a stolen credit card, debit card, or other access device;
``(2) a revoked, cancelled, or otherwise invalid credit card,
debit card, or other access device; or
``(3) a credit card, debit card, or other access device without
the authorization of a person whose authorization is required for
such use;
to obtain money, property, services, or anything else of value shall be
punished as a court-martial may direct.
``(b) Access Device Defined.--In this section (article), the term
`access device' has the meaning given that term in section 1029 of
title 18.''.
SEC. 5433. FALSE PRETENSES TO OBTAIN SERVICES.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 921a (article 121a of the Uniform
Code of Military Justice), as added by section 5432 of this Act, the
following new section (article):
``Sec. 921b. Art. 121b. False pretenses to obtain services
``Any person subject to this chapter who, with intent to defraud,
knowingly uses false pretenses to obtain services shall be punished as
a court-martial may direct.''.
SEC. 5434. ROBBERY.
Section 922 of title 10, United States Code (article 122 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 922. Art. 122. Robbery
``Any person subject to this chapter who takes anything of value
from the person or in the presence of another, against his will, by
means of force or violence or fear of immediate or future injury to his
person or property or to the person or property of a relative or member
of his family or of anyone in his company at the time of the robbery,
is guilty of robbery and shall be punished as a court-martial may
direct.''.
SEC. 5435. RECEIVING STOLEN PROPERTY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 922 (article 122 of the Uniform Code
of Military Justice), as amended by section 5434 of this Act, the
following new section (article):
``Sec. 922a. Art. 122a. Receiving stolen property
``Any person subject to this chapter who wrongfully receives, buys,
or conceals stolen property, knowing the property to be stolen
property, shall be punished as a court-martial may direct.''.
SEC. 5436. OFFENSES CONCERNING GOVERNMENT COMPUTERS.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 922a (article 122a of the Uniform
Code of Military Justice), as added by section 5435 of this Act, the
following new section (article):
``Sec. 923. Art. 123. Offenses concerning Government computers
``(a) In General.--Any person subject to this chapter who--
``(1) knowingly accesses a Government computer, with an
unauthorized purpose, and by doing so obtains classified
information, with reason to believe such information could be used
to the injury of the United States, or to the advantage of any
foreign nation, and intentionally communicates, delivers,
transmits, or causes to be communicated, delivered, or transmitted
such information to any person not entitled to receive it;
``(2) intentionally accesses a Government computer, with an
unauthorized purpose, and thereby obtains classified or other
protected information from any Government computer; or
``(3) knowingly causes the transmission of a program,
information, code, or command, and as a result of such conduct,
intentionally causes damage without authorization to a Government
computer;
shall be punished as a court-martial may direct.
``(b) Definitions.--In this section:
``(1) The term `computer' has the meaning given that term in
section 1030 of title 18.
``(2) The term `Government computer' means a computer owned or
operated by or on behalf of the United States Government.
``(3) The term `damage' has the meaning given that term in
section 1030 of title 18.''.
SEC. 5437. BRIBERY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 924 (article 124 of the Uniform Code
of Military Justice), as transferred and redesignated by section
5401(14) of this Act, the following new section (article):
``Sec. 924a. 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. 5438. GRAFT.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 924a (article 124a of the Uniform
Code of Military Justice), as added by section 5437 of this Act, the
following new section (article):
``Sec. 924b. Art. 124b. Graft
``(a) Asking, Accepting, or Receiving Thing of Value.--Any person
subject to this chapter--
``(1) who occupies an official position or who has official
duties; and
``(2) who wrongfully asks, accepts, or receives a thing of
value as compensation for or in recognition of services rendered or
to be rendered by the person with respect to an official matter in
which the United States is interested;
shall be punished as a court-martial may direct.
``(b) Promising, Offering, or Giving Thing of Value.--Any person
subject to this chapter who wrongfully promises, offers, or gives a
thing of value to another person, who occupies an official position or
who has official duties, as compensation for or in recognition of
services rendered or to be rendered by the other person with respect to
an official matter in which the United States is interested, shall be
punished as a court-martial may direct.''.
SEC. 5439. KIDNAPPING.
Section 925 of title 10, United States Code (article 125 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 925. Art. 125. Kidnapping
``Any person subject to this chapter who wrongfully--
``(1) seizes, confines, inveigles, decoys, or carries away
another person; and
``(2) holds the other person against that person's will;
shall be punished as a court-martial may direct.''.
SEC. 5440. ARSON; BURNING PROPERTY WITH INTENT TO DEFRAUD.
Section 926 of title 10, United States Code (article 126 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 926. Art. 126. Arson; burning property with intent to defraud
``(a) Aggravated Arson.--Any person subject to this chapter who,
willfully and maliciously, burns or sets on fire an inhabited dwelling,
or any other structure, movable or immovable, wherein, to the knowledge
of that person, there is at the time a human being, is guilty of
aggravated arson and shall be punished as a court-martial may direct.
``(b) Simple Arson.--Any person subject to this chapter who,
willfully and maliciously, burns or sets fire to the property of
another is guilty of simple arson and shall be punished as a court-
martial may direct.
``(c) Burning Property With Intent to Defraud.--Any person subject
to this chapter who, willfully, maliciously, and with intent to
defraud, burns or sets fire to any property shall be punished as a
court-martial may direct.''.
SEC. 5441. ASSAULT.
Section 928 of title 10, United States Code (article 128 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 928. Art. 128. Assault
``(a) Assault.--Any person subject to this chapter who, unlawfully
and with force or violence--
``(1) attempts to do bodily harm to another person;
``(2) offers to do bodily harm to another person; or
``(3) does bodily harm to another person;
is guilty of assault and shall be punished as a court-martial may
direct.
``(b) Aggravated Assault.--Any person subject to this chapter--
``(1) who, with the intent to do bodily harm, offers to do
bodily harm with a dangerous weapon; or
``(2) who, in committing an assault, inflicts substantial
bodily harm, or grievous bodily harm on another person;
is guilty of aggravated assault and shall be punished as a court-
martial may direct.
``(c) Assault With Intent to Commit Specified Offenses.--
``(1) In general.--Any person subject to this chapter who
commits assault with intent to commit an offense specified in
paragraph (2) shall be punished as a court-martial may direct.
``(2) Offenses specified.--The offenses referred to in
paragraph (1) are murder, voluntary manslaughter, rape, sexual
assault, rape of a child, sexual assault of a child, robbery,
arson, burglary, and kidnapping.''.
SEC. 5442. BURGLARY AND UNLAWFUL ENTRY.
Section 929 of title 10, United States Code (article 129 of the
Uniform Code of Military Justice), and section 929a of such title
(article 129a), as redesignated by section 5401(10) of this Act, are
amended to read as follows:
``Sec. 929. Art. 129. Burglary; unlawful entry
``(a) Burglary.--Any person subject to this chapter who, with
intent to commit an offense under this chapter, breaks and enters the
building or structure of another shall be punished as a court-martial
may direct.
``(b) Unlawful Entry.--Any person subject to this chapter who
unlawfully enters--
``(1) the real property of another; or
``(2) the personal property of another which amounts to a
structure usually used for habitation or storage;
shall be punished as a court-martial may direct.''.
SEC. 5443. STALKING.
Section 930 of title 10, United States Code (article 130 of the
Uniform Code of Military Justice), as transferred and redesignated by
section 5401(11) of this Act, is amended to read as follows:
``Sec. 930. Art. 130. Stalking
``(a) In General.--Any person subject to this chapter--
``(1) who wrongfully engages in a course of conduct directed at
a specific person that would cause a reasonable person to fear
death or bodily harm, including sexual assault, to himself or
herself, to a member of his or her immediate family, or to his or
her intimate partner;
``(2) who has knowledge, or should have knowledge, that the
specific person will be placed in reasonable fear of death or
bodily harm, including sexual assault, to himself or herself, to a
member of his or her immediate family, or to his or her intimate
partner; and
``(3) whose conduct induces reasonable fear in the specific
person of death or bodily harm, including sexual assault, to
himself or herself, to a member of his or her immediate family, or
to his or her intimate partner;
is guilty of stalking and shall be punished as a court-martial may
direct.
``(b) Definitions.--In this section:
``(1) The term `conduct' means conduct of any kind, including
use of surveillance, the mails, an interactive computer service, an
electronic communication service, or an electronic communication
system.
``(2) The term `course of conduct' means--
``(A) a repeated maintenance of visual or physical
proximity to a specific person;
``(B) a repeated conveyance of verbal threat, written
threats, or threats implied by conduct, or a combination of
such threats, directed at or toward a specific person; or
``(C) a pattern of conduct composed of repeated acts
evidencing a continuity of purpose.
``(3) The term `repeated', with respect to conduct, means two
or more occasions of such conduct.
``(4) The term `immediate family', in the case of a specific
person, means--
``(A) that person's spouse, parent, brother or sister,
child, or other person to whom he or she stands in loco
parentis; or
``(B) any other person living in his or her household and
related to him or her by blood or marriage.
``(5) The term `intimate partner', in the case of a specific
person, means--
``(A) a former spouse of the specific person, a person who
shares a child in common with the specific person, or a person
who cohabits with or has cohabited as a spouse with the
specific person; or
``(B) a person who has been in a social relationship of a
romantic or intimate nature with the specific person, as
determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.''.
SEC. 5444. SUBORNATION OF PERJURY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931 (article 131 of the Uniform Code
of Military Justice), the following new section (article):
``Sec. 931a. Art. 131a. Subornation of perjury
``(a) In General.--Any person subject to this chapter who induces
and procures another person--
``(1) to take an oath; and
``(2) to falsely testify, depose, or state upon such oath;
shall, if the conditions specified in subsection (b) are satisfied, be
punished as a court-martial may direct.
``(b) Conditions.--The conditions referred to in subsection (a) are
the following:
``(1) The oath is administered with respect to a matter for
which such oath is required or authorized by law.
``(2) The oath is administered by a person having authority to
do so.
``(3) Upon the oath, the other person willfully makes or
subscribes a statement.
``(4) The statement is material.
``(5) The statement is false.
``(6) When the statement is made or subscribed, the person
subject to this chapter and the other person do not believe that
the statement is true.''.
SEC. 5445. OBSTRUCTING JUSTICE.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931a (article 131a of the Uniform
Code of Military Justice), as added by section 5444 of this Act, the
following new section (article):
``Sec. 931b. Art. 131b. Obstructing justice
``Any person subject to this chapter who engages in conduct in the
case of a certain person against whom the accused had reason to believe
there were or would be criminal or disciplinary proceedings pending,
with intent to influence, impede, or otherwise obstruct the due
administration of justice shall be punished as a court-martial may
direct.''.
SEC. 5446. MISPRISION OF SERIOUS OFFENSE.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931b (article 131b of the Uniform
Code of Military Justice), as added by section 5445 of this Act, the
following new section (article):
``Sec. 931c. 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. 5447. WRONGFUL REFUSAL TO TESTIFY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931c (article 131c of the Uniform
Code of Military Justice), as added by section 5446 of this Act, the
following new section (article):
``Sec. 931d. Art. 131d. Wrongful refusal to testify
``Any person subject to this chapter who, in the presence of a
court-martial, a board of officers, a military commission, a court of
inquiry, a preliminary hearing, or an officer taking a deposition, of
or for the United States, wrongfully refuses to qualify as a witness or
to answer a question after having been directed to do so by the person
presiding shall be punished as a court-martial may direct.''.
SEC. 5448. PREVENTION OF AUTHORIZED SEIZURE OF PROPERTY.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931d (article 131d of the Uniform
Code of Military Justice), as added by section 5447 of this Act, the
following new section (article):
``Sec. 931e. Art. 131e. Prevention of authorized seizure of property
``Any person subject to this chapter who, knowing that one or more
persons authorized to make searches and seizures are seizing, are about
to seize, or are endeavoring to seize property, destroys, removes, or
otherwise disposes of the property with intent to prevent the seizure
thereof shall be punished as a court-martial may direct.''.
SEC. 5449. WRONGFUL INTERFERENCE WITH ADVERSE ADMINISTRATIVE
PROCEEDING.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931f (article 131f of the Uniform
Code of Military Justice), as transferred and redesignated by section
5401(3) of this Act, the following new section (article):
``Sec. 931g. Art. 131g. Wrongful interference with adverse
administrative proceeding
``Any person subject to this chapter who, having reason to believe
that an adverse administrative proceeding is pending against any person
subject to this chapter, wrongfully acts with the intent--
``(1) to influence, impede, or obstruct the conduct of the
proceeding; or
``(2) otherwise to obstruct the due administration of justice;
shall be punished as a court-martial may direct.''.
SEC. 5450. RETALIATION.
Subchapter X of chapter 47 of title 10, United States Code, is
amended by inserting after section 931g (article 131g of the Uniform
Code of Military Justice), as added by section 5449 of this Act, the
following new section (article):
``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. 5451. EXTRATERRITORIAL APPLICATION OF CERTAIN OFFENSES.
Section 934 of title 10, United States Code (article 134 of the
Uniform Code of Military Justice), is amended by adding at the end the
following new sentence: ``As used in the preceding sentence, the term
`crimes and offenses not capital' includes any conduct engaged in
outside the United States, as defined in section 5 of title 18, that
would constitute a crime or offense not capital if the conduct had been
engaged in within the special maritime and territorial jurisdiction of
the United States, as defined in section 7 of title 18.''.
SEC. 5452. TABLE OF SECTIONS.
The table of sections at the beginning of subchapter X of chapter
47 of title 10, United States Code (the Uniform Code of Military
Justice), is amended to read as follows:

``subchapter x--punitive articles

``Sec. Art.
``877. Art. 77. Principals.
``878. Art. 78. Accessory after the fact.
``879. Art. 79. Conviction of offense charged, lesser included offenses,
and attempts.
``880. Art. 80. Attempts.
``881. Art. 81. Conspiracy.
``882. Art. 82. Soliciting commission of offenses.
``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. 5501. Technical amendments relating to courts of inquiry.
Sec. 5502. Technical amendment to Article 136.
Sec. 5503. Articles of Uniform Code of Military Justice to be explained
to officers upon commissioning.
Sec. 5504. Military justice case management; data collection and
accessibility.
SEC. 5501. TECHNICAL AMENDMENTS RELATING TO COURTS OF INQUIRY.
Section 935(c) of title 10, United States Code (article 135(c) of
the Uniform Code of Military Justice), is amended--
(1) by striking ``(c) Any person'' and inserting ``(c)(1) Any
person'';
(2) by designating the second and third sentences as paragraphs
(2) and (3), respectively; and
(3) in paragraph (2), as so designated, by striking ``subject
to this chapter or employed by the Department of Defense'' and
inserting ``who is (A) subject to this chapter, (B) employed by the
Department of Defense, or (C) with respect to the Coast Guard,
employed by the department in which the Coast Guard is operating
when it is not operating as a service in the Navy, and''.
SEC. 5502. TECHNICAL AMENDMENT TO ARTICLE 136.
Section 936 of title 10, United States Code (article 136 of the
Uniform Code of Military Justice), is amended by striking the last five
words in the section heading.
SEC. 5503. ARTICLES OF UNIFORM CODE OF MILITARY JUSTICE TO BE EXPLAINED
TO OFFICERS UPON COMMISSIONING.
Section 937 of title 10, United States Code (article 137 of the
Uniform Code of Military Justice), is amended--
(1) in subsection (a), by striking ``(a)(1) The sections of
this title (articles of the Uniform Code of Military Justice)'' and
inserting `` (a) Enlisted Members.--(1) The sections (articles) of
this chapter (the Uniform Code of Military Justice)'';
(2) by striking subsection (b); and
(3) by adding after subsection (a) the following new
subsections:
``(b) Officers.--(1) The sections (articles) of this chapter (the
Uniform Code of Military Justice) specified in paragraph (2) shall be
carefully explained to each officer at the time of (or within six
months after)--
``(A) the initial entrance of the officer on active duty as an
officer; or
``(B) the initial commissioning of the officer in a reserve
component.
``(2) This subsection applies with respect to the sections
(articles) specified in subsection (a)(3) and such other sections
(articles) as the Secretary concerned may prescribe by regulation.
``(c) Training for Certain Officers.--Under regulations prescribed
by the Secretary concerned, officers with the authority to convene
courts-martial or to impose non-judicial punishment shall receive
periodic training regarding the purposes and administration of this
chapter. Under regulations prescribed by the Secretary of Defense,
officers assigned to duty in a joint command or a combatant command,
who have such authority, shall receive additional specialized training
regarding the purposes and administration of this chapter with respect
to joint commands and the combatant commands.
``(d) Availability and Maintenance of Text.--The text of this
chapter (the Uniform Code of Military Justice) and the text of the
regulations prescribed by the President under this chapter shall be--
``(1) made available to a member on active duty or to a member
of a reserve component, upon request by the member, for the
member's personal examination; and
``(2) maintained by the Secretary of Defense in electronic
formats that are updated periodically and made available on the
Internet.''.
SEC. 5504. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION AND
ACCESSIBILITY.
(a) In General.--Subchapter XI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
adding at the end the following new section (article):
``Sec. 940a. 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) Effective Dates.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Defense shall carry out
section 940a of title 10, United States Code (article 140a of the
Uniform Code of Military Justice), as added by subsection (a).
(2) Standards and criteria.--Not later than 4 years after the
date of the enactment of this Act, the standards and criteria under
section 940a of title 10, United States Code (article 140a of the
Uniform Code of Military Justice), as added by subsection (a),
shall take effect.

TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS

Sec. 5521. Military Justice Review Panel.
Sec. 5522. Annual reports.
SEC. 5521. MILITARY JUSTICE REVIEW PANEL.
Section 946 of title 10, United States Code (article 146 of the
Uniform Code of Military Justice), is amended to read as follows:
``Sec. 946. Art. 146. Military Justice Review Panel
``(a) Establishment.--The Secretary of Defense shall establish a
panel to conduct independent periodic reviews and assessments of the
operation of this chapter. The panel shall be known as the `Military
Justice Review Panel' (in this section referred to as the `Panel').
``(b) Members.--
``(1) Number of members.--The Panel shall be composed of
thirteen members.
``(2) Appointment of certain members.--Each of the following
shall appoint one member of the Panel:
``(A) The Secretary of Defense (in consultation with the
Secretary of the department in which the Coast Guard is
operating when it is not operating as a service in the Navy).
``(B) The Attorney General.
``(C) The Judge Advocates General of the Army, Navy, Air
Force, and Coast Guard, and the Staff Judge Advocate to the
Commandant of the Marine Corps.
``(3) Appointment of remaining members by secretary of
defense.--The Secretary of Defense shall appoint the remaining
members of the Panel, taking into consideration recommendations
made by each of the following:
``(A) The chairman and ranking minority member of the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.
``(B) The Chief Justice of the United States.
``(C) The Chief Judge of the United States Court of Appeals
for the Armed Forces.
``(c) Qualifications of Members.--The members of the Panel shall be
appointed from among private United States citizens with expertise in
criminal law, as well as appropriate and diverse experience in
investigation, prosecution, defense, victim representation, or
adjudication with respect to courts-martial, Federal civilian courts,
or State courts.
``(d) Chair.--The Secretary of Defense shall select the chair of
the Panel from among the members.
``(e) Term; Vacancies.--Each member shall be appointed for a term
of eight years, and no member may serve more than one term. Any vacancy
shall be filled in the same manner as the original appointment.
``(f) Reviews and Reports.--
``(1) Initial review of recent amendments to ucmj.--During
fiscal year 2020, the Panel shall conduct an initial review and
assessment of the implementation of the amendments made to this
chapter during the preceding five years. In conducting the initial
review and assessment, the Panel may review such other aspects of
the operation of this chapter as the Panel considers appropriate.
``(2) Sentencing data collection and report.--During fiscal
year 2020, the Panel shall gather and analyze sentencing data
collected from each of the armed forces from general and special
courts-martial applying offense-based sentencing under section 856
of this title (article 56). The sentencing data shall include the
number of accused who request member sentencing and the number who
request sentencing by military judge alone, the offenses which the
accused were convicted of, and the resulting sentence for each
offense in each case. The Judge Advocates General and the Staff
Judge Advocate to the Commandant of the Marine Corps shall provide
the sentencing data in the format and for the duration established
by the chair of the Panel. Not later than October 31, 2020, the
Panel shall submit to the Committees on Armed Services of the
Senate and the House of Representatives through the Secretary of
Defense a report setting forth the Panel's findings and
recommendations on the need for sentencing reform.
``(3) Periodic comprehensive reviews.--During fiscal year 2024
and every eight years thereafter, the Panel shall conduct a
comprehensive review and assessment of the operation of this
chapter.
``(4) Periodic interim reviews.--During fiscal year 2028 and
every eight years thereafter, the Panel shall conduct an interim
review and assessment of such other aspects of the operation of
this chapter as the Panel considers appropriate. In addition, at
the request of the Secretary of Defense, the Panel may, at any
time, review and assess other specific matters relating to the
operation of this chapter.
``(5) Reports.--Not later than December 31 of each year during
which the Panel conducts a review and assessment under this
subsection, the Panel shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the results of such review and assessment, including
the Panel's findings and recommendations.
``(g) Hearings.--The Panel may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Panel considers appropriate to carry out its duties under this
section.
``(h) Information From Federal Agencies.--Upon request of the chair
of the Panel, a department or agency of the Federal Government shall
provide information that the Panel considers necessary to carry out its
duties under this section.
``(i) Administrative Matters.--
``(1) Members to serve without pay.--Members of the Panel shall
serve without pay, but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title 5, while away
from their homes or regular places of business in the performance
of services for the Panel.
``(2) Staffing and resources.--The Secretary of Defense shall
provide staffing and resources to support the Panel.
``(j) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Panel.''.
SEC. 5522. ANNUAL REPORTS.
Subchapter XII of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), is amended by adding at the end the
following new section (article):
``Sec. 946a. Art. 146a. Annual reports
``(a) Court of Appeals for the Armed Forces.--Not later than
December 31 each year, the Court of Appeals for the Armed Forces shall
submit a report that, with respect to the previous fiscal year,
provides information on the number and status of completed and pending
cases before the Court, and such other matters as the Court considers
appropriate regarding the operation of this chapter.
``(b) Service Reports.--Not later than December 31 each year, the
Judge Advocates General and the Staff Judge Advocate to the Commandant
of the Marine Corps shall each submit a report, with respect to the
preceding fiscal year, containing the following:
``(1) Data on the number and status of pending cases.
``(2) Information on the appellate review process, including--
``(A) information on compliance with processing time goals;
``(B) descriptions of the circumstances surrounding cases
in which general or special court-martial convictions were (i)
reversed because of command influence or denial of the right to
speedy review or (ii) otherwise remitted because of loss of
records of trial or other administrative deficiencies; and
``(C) an analysis of each case in which a provision of this
chapter was held unconstitutional.
``(3)(A) An explanation of measures implemented by the armed
force concerned to ensure the ability of judge advocates--
``(i) to participate competently as trial counsel and
defense counsel in cases under this chapter;
``(ii) to preside as military judges in cases under this
chapter; and
``(iii) to perform the duties of Special Victims' Counsel,
when so designated under section 1044e of this title.
``(B) The explanation under subparagraph (A) shall specifically
identify the measures that focus on capital cases, national
security cases, sexual assault cases, and proceedings of military
commissions.
``(4) The independent views of each Judge Advocate General and
of the Staff Judge Advocate to the Commandant of the Marine Corps
as to the sufficiency of resources available within the respective
armed forces, including total workforce, funding, training, and
officer and enlisted grade structure, to capably perform military
justice functions.
``(5) Such other matters regarding the operation of this
chapter as may be appropriate.
``(c) Submission.--Each report under this section shall be
submitted--
``(1) to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives; and
``(2) to the Secretary of Defense, the Secretaries of the
military departments, and the Secretary of the department in which
the Coast Guard is operating when it is not operating as a service
in the Navy.''.

TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES

Sec. 5541. Amendments to UCMJ subchapter tables of sections.
Sec. 5542. Effective dates.

SEC. 5541. AMENDMENTS TO UCMJ SUBCHAPTER TABLES OF SECTIONS.
The tables of sections for the specified subchapters of chapter 47
of title 10, United States Code (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

``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. Certain proceedings conducted before referral.''; and

(B) by striking the items relating to sections 832 through
835 (articles 32 through 35) and inserting the following new
items:

``832. Art. 32. Preliminary hearing required before referral to general
court-martial.
``833. Art. 33. Disposition guidance.
``834. Art. 34. Advice to convening authority before referral for trial.
``835. Art. 35. Service of charges; commencement of trial.''.

(4) Subchapter vii; trial procedure.--The table of sections at
the beginning of subchapter VII 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.'';

``852. Art. 52. Votes required for conviction, sentencing, and other
matters.''; and

(D) by striking the item relating to section 853 (article
53) and inserting the following new items:

``853. Art. 53. Findings and sentencing.
``853a. Art. 53a. Plea agreements.''.

(5) Subchapter viii; sentences.--The table of sections at the
beginning of subchapter VIII 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.'';

``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. 5542. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this division, the
amendments made by this division shall take effect on the date
designated by the President, which date shall be not later than the
first day of the first calendar month that begins two years after the
date of the enactment of this Act.
(b) Implementing Regulations.--The President shall prescribe
regulations implementing this division and the amendments made by this
division by not later than one year after the date of the enactment of
this Act, except as otherwise provided in this division.
(c) Applicability.--
(1) In general.--Subject to the provisions of this division and
the amendments made by this division, the President shall prescribe
in regulations whether, and to what extent, the amendments made by
this division shall apply to a case in which one or more actions
under chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), have been taken before the effective date of
such amendments.
(2) Inapplicability to cases in which charges already referred
to trial on effective date.--Except as otherwise provided in this
division or the amendments made by this division, the amendments
made by this division shall not apply to any case in which charges
are referred to trial by court-martial before the effective date of
such amendments. Proceedings in any such case shall be held in the
same manner and with the same effect as if such amendments had not
been enacted.
(3) Punitive article amendments.--
(A) In general.--The amendments made by title LX shall not
apply to any offense committed before the effective date of
such amendments.
(B) Construction.--Nothing in subparagraph (A) shall be
construed to invalidate the prosecution of any offense
committed before the effective date of such amendments.
(4) Sentencing amendments.--The regulations prescribing the
authorized punishments for any offense committed before the
effective date of the amendments made by title LVIII shall apply to
the authorized punishments for the offense, as in effect at the
time the offense is committed.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.