114 S2943 : National Defense Authorization Act for Fiscal Year 2017 U.S. Senate 2016-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIC114th CONGRESS2d SessionS. 2943IN THE SENATE OF THE UNITED STATESJune 21, 2016Ordered to be printed as passedAN ACTTo 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.

1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into five divisions as follows:(1)Division A—Department of Defense Authorizations.(2)Division B—Military Construction Authorizations.(3)Division C—Department of Energy National Security Authorizations.(4)Division D—Funding Tables.(5)Division E—Uniform Code of Military Justice Reform.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Organization of Act into divisions; table of contents.Sec. 3. Congressional defense committees.Sec. 4. Budgetary effects of this Act.DIVISION A—Department of Defense authorizationsTITLE I—ProcurementSubtitle A—Authorization of AppropriationsSec. 101. Authorization of appropriations.Subtitle B—Army ProgramsSec. 111. Distributed Common Ground System-Army.Sec. 112. Multiyear procurement authority for UH–60M/HH–60M Black Hawk helicopters.Sec. 113. Multiyear procurement authority for AH–64E Apache helicopters.Subtitle C—Navy ProgramsSec. 121. Incremental funding for detail design and construction of LHA replacement ship designated LHA 8.Sec. 122. Littoral Combat Ship.Sec. 123. Certification on ship deliveries.Sec. 124. Limitation on the use of sole source shipbuilding contracts.Sec. 125. Limitation on availability of funds for the advanced arresting gear program.Sec. 126. Limitation on procurement of USS JOHN F. KENNEDY (CVN–79) and USS ENTERPRISE (CVN–80).Sec. 127. Limitation on availability of funds for Tactical Combat Training System Increment II.Subtitle D—Air Force ProgramsSec. 141. Extension of prohibition on availability of funds for retirement of A–10 aircraft.Sec. 142. Limitation on availability of funds for destruction of A–10 aircraft in storage status.Sec. 143. Repeal of the requirement to preserve certain retired C–5 aircraft.Sec. 144. Repeal of requirement to preserve F–117 aircraft in recallable condition.Sec. 145. Limitation on availability of funds for EC–130H Compass Call recapitalization program.Sec. 146. Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program.Subtitle E—Defense-wide, Joint and Multiservice MattersSec. 151. Report to Congress on independent study of future mix of aircraft platforms for the Armed Forces.Sec. 152. Limitation on availability of funds for destruction of certain cluster munitions and report on Department of Defense policy and cluster munitions.Sec. 153. Medium altitude intelligence, surveillance, and reconnaissance aircraft.TITLE II—Research, Development, Test, and EvaluationSubtitle A—Authorization of AppropriationsSec. 201. Authorization of appropriations.Subtitle B—Program Requirements, Restrictions, and LimitationsSec. 211. Modification of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.Sec. 212. Making permanent authority for defense research and development rapid innovation program.Sec. 213. Authorization for National Defense University and Defense Acquisition University to enter into cooperative research and development agreements.Sec. 214. Manufacturing Universities Grant Program.Sec. 215. Increased micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories.Sec. 216. Directed energy weapon system programs.Sec. 217. Limitation on B–21 Engineering and Manufacturing Development program funds.Sec. 218. Pilot program on disclosure of certain sensitive information to contractors performing under contracts with Department of Defense federally funded research and development centers.Sec. 219. Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies.Sec. 220. Modification of authority for use of operation and maintenance funds for unspecified minor construction projects consisting of laboratory revitalization.TITLE III—Operation and MaintenanceSubtitle A—Authorization of appropriationsSec. 301. Authorization of appropriations.Subtitle B—Energy and environmentSec. 302. Modified reporting requirement related to installations energy management.Sec. 303. Report on efforts to reduce high energy costs at military installations.Sec. 304. Utility data management for military facilities.Sec. 305. Linear LED lamps.Subtitle C—Logistics and sustainmentSec. 311. Deployment prioritization and readiness of Army units.Sec. 312. Revision of guidance related to corrosion control and prevention executives.Sec. 313. Repair, recapitalization, and certification of dry docks at Naval shipyards.Subtitle D—ReportsSec. 321. Modifications to Quarterly Readiness Report to Congress.Sec. 322. Report on HH–60G sustainment and Combat Rescue Helicopter (CRH) program.Subtitle E—Other mattersSec. 331. Repurposing and reuse of surplus military firearms.Sec. 332. Limitation on development and fielding of new camouflage and utility uniforms.Sec. 333. Hazard assessments related to new construction of obstructions on military installations.Sec. 334. Plan for modernized Air Force dedicated adversary air training enterprise.Sec. 335. Independent study to review and assess the effectiveness of the Air Force Ready Aircrew Program.Sec. 336. Mitigation of risks posed by certain window coverings with accessible cords in military housing units in which children reside.Sec. 337. Tactical explosive detection dogs.Sec. 338. STARBASE program.Sec. 339. Access to Department of Defense installations for drivers of vehicles of online transportation network companies.Sec. 340. Women’s military service memorials and museums.TITLE IV—Military Personnel AuthorizationsSubtitle A—Active PersonnelSec. 401. End strengths for active forces.Subtitle B—Reserve ForcesSec. 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 AppropriationsSec. 421. Military personnel.TITLE V—Military Personnel PolicySubtitle A—Officer Personnel PolicySec. 501. Reform of distribution and authorized strength of general and flag officers.Sec. 502. Repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces.Sec. 503. Temporary suspension of officer grade strength tables.Sec. 504. Enhanced authority for service credit for experience or advanced education upon original appointment as a commissioned officer.Sec. 505. Authority of promotion boards to recommend officers of particular merit be placed at the top of the promotion list.Sec. 506. Promotion eligibility period for officers whose confirmation of appointment is delayed due to nonavailability to the Senate of probative information under control of non-Department of Defense agencies.Sec. 507. Length of joint duty assignments.Sec. 508. Modification of definitions relating to joint officer management.Sec. 509. Continuation of certain officers on active duty without regard to requirement for retirement for years of service.Sec. 510. Extension of force management authorities allowing enhanced flexibility for officer personnel management.Subtitle B—Reserve Component ManagementSec. 521. Authority for temporary waiver of limitation on term of service of Vice Chief of the National Guard Bureau.Sec. 522. Authority to designate certain reserve officers as not to be considered for selection for promotion.Sec. 523. Rights and protections available to military technicians.Sec. 524. Extension of suicide prevention and resilience programs for the National Guard and Reserves.Sec. 525. Inapplicability of certain laws to National Guard technicians performing active Guard and Reserve duty.Subtitle C—General Service AuthoritiesSec. 531. Responsibility of Chiefs of Staff of the Armed Forces for standards and qualifications for military specialties within the Armed Forces.Sec. 532. Leave matters.Sec. 533. Transfer of provision relating to expenses incurred in connection with leave canceled due to contingency operations.Sec. 534. Reduction of tenure on the temporary disability retired list.Sec. 535. Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender.Sec. 536. Board for the Correction of Military Records and Discharge Review Board matters.Sec. 536A. Treatment by discharge review boards of claims asserting post-traumatic stress disorder or traumatic brain injury in connection with combat or sexual trauma as a basis for review of discharge.Sec. 537. Reconciliation of contradictory provisions relating to qualifications for enlistment in the reserve components of the Armed Forces.Subtitle D—Military Justice and Legal Assistance MattersPART I—RetaliationSec. 541. Report to complainants of resolution of investigations into retaliation.Sec. 542. Training for Department of Defense personnel on sexual assault trauma in individuals claiming retaliation in connection with reports of sexual assault in the Armed Forces.Sec. 543. Inclusion in annual reports on sexual assault prevention and response efforts of the Armed Forces of information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces.Sec. 544. Metrics for evaluating the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces.PART II—Other Military Justice Matters Sec. 546. Discretionary authority for military judges to designate an individual to assume the rights of the victim of an offense under the Uniform Code of Military Justice when the victim is a minor, incompetent, incapacitated, or deceased.Sec. 547. Appellate standing of victims in enforcing rights of victims under the Uniform Code of Military Justice.Sec. 548. Effective prosecution and defense in courts-martial.Sec. 549. Pilot programs on military justice career track for judge advocates.Sec. 550. Modification of definition of sexual harassment for purposes of investigations of complaints of harassment by commanding officers.Sec. 551. Extension and clarification of annual reports regarding sexual assault involving members of the Armed Forces.Sec. 552. Expansion of authority to execute certain military instruments.Sec. 553. United States Court of Appeals for the Armed Forces.Sec. 554. Medical examination before administrative separation for members with post-traumatic stress disorder or traumatic brain injury in connection with sexual assault.Subtitle E—Member Education, Training, and TransitionSec. 561. Limitation on tuition assistance for off-duty training or education.Sec. 562. Modification of program to assist members of the Armed Forces in obtaining professional credentials.Sec. 563. Access to Department of Defense installations of institutions of higher education providing certain advising and student support services.Sec. 564. Priority processing of applications for Transportation Worker Identification Credentials for members undergoing discharge or release from the Armed Forces.Subtitle F—Defense Dependents' Education and Military Family Readiness MattersSec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.Sec. 572. Impact aid for children with severe disabilities.Sec. 573. Impact aid amendments.Sec. 574. One-year extension of authorities relating to the transition and support of military dependent students to local educational agencies.Sec. 575. Comptroller General of the United States analysis of unsatisfactory conditions and overcrowding at public schools on military installations.Sec. 576. Enhanced flexibility in provision of relocation assistance to members of the Armed Forces and their families.Sec. 577. Reporting on allegations of child abuse in military families and homes.Sec. 578. Background checks for employees of agencies and schools providing elementary and secondary education for Department of Defense dependents.Sec. 579. Support for programs providing camp experience for children of military families.Sec. 580. Comptroller General of the United States report on Exceptional Family Member Programs.Sec. 581. Repeal of Advisory Council on Dependents’ Education.Subtitle G—Decorations and AwardsSec. 586. Authorization for award of the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War.Sec. 587. Authorization for award of the Medal of Honor to Gary M. Rose for acts of valor during the Vietnam War.Sec. 588. Authorization for award of the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis Lafleur for acts of valor during World War II.Sec. 589. Posthumous advancement of Colonel George E. Bud Day, United States Air Force, on the retired list.Subtitle H—Miscellaneous Reports and Other MattersSec. 591. Applicability of Military Selective Service Act to female citizens and persons.Sec. 592. Senior Military Acquisition Advisors in the Defense Acquisition Corps.Sec. 593. Annual reports on progress of the Army and the Marine Corps in integrating women into military occupational specialities and units recently opened to women.Sec. 594. Report on career progression tracks of the Armed Forces for women in combat arms units.Sec. 595. Repeal of requirement for a chaplain at the United States Air Force Academy appointed by the President.Sec. 596. Extension of limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies.Sec. 597. Report on discharge by warrant officers of pilot and other flight officer positions in the Navy, Marine, Corps, and Air Force currently discharged by commissioned officers.TITLE VI—Compensation and Other Personnel BenefitsSubtitle A—Pay and AllowancesSec. 601. Fiscal year 2017 increase in military basic pay.Sec. 602. Publication by Department of Defense of actual rates of basic pay payable to members of the Armed Forces by pay grade for annual or other pay periods.Sec. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.Sec. 604. Reform of basic allowance for housing.Sec. 605. Repeal of obsolete authority for combat-related injury rehabilitation pay.Subtitle B—Bonuses and Special and Incentive PaysSec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.Sec. 616. Conforming amendment to consolidation of special pay, incentive pay, and bonus authorities.Subtitle C—Travel and Transportation AllowancesSec. 621. Maximum reimbursement amount for travel expenses of Reserves to attend inactive duty training outside or normal commuting distances.Sec. 622. Period for relocation of spouses and dependents of certain members of the Armed Forces undergoing a permanent change of station.Subtitle D—Disability Pay, Retired Pay, and Survivor BenefitsPART I—Amendments in Connection with Retired Pay ReformSec. 631. Election period for members in the service academies and inactive Reserves to participate in the modernized retirement system.Sec. 632. Effect of separation of members from the uniformed services on participation in the Thrift Savings Plan.Sec. 633. Continuation pay for members who have completed 8 to 12 years of service.Sec. 634. Combat-related special compensation coordinating amendment.Sec. 635. Sense of Congress on Roth contributions as default contributions of members of the Armed Forces participating in the Thrift Savings Plan under retired pay reform.PART II—Other MattersSec. 641. Extension of allowance covering monthly premium for Servicemembers' Group Life Insurance while in certain overseas areas to cover members in any combat zone or overseas direct support area.Sec. 642. Use of member’s current pay grade and years of service, rather than final retirement pay grade and years of service, in a division of property involving disposable retired pay.Sec. 643. Permanent extension of payment of special survivor indemnity allowances under the Survivor Benefit Plan.Sec. 644. Authority to deduct Survivor Benefit Plan premiums from combat-related special compensation when retired pay not sufficient.Sec. 645. Sense of Congress on options for members of the Armed Forces to designate payment of the death gratuity to a trust for a special needs individual.Sec. 646. Independent assessment of the Survivor Benefit Plan.Subtitle E—Commissary and Non-Appropriated Fund Instrumentality Benefits and OperationsSec. 661. Protection and enhancement of access to and savings at commissaries and exchanges.Subtitle F—Other MattersSec. 671. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.Sec. 672. Authority for payment of pay and allowances and retired and retainer pay pursuant to power of attorney.TITLE VII—Health Care ProvisionsSubtitle A—TRICARE and Other Health Care BenefitsSec. 701. Reform of health care plans available under the TRICARE program.Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy Benefits Program and treatment of certain pharmaceutical agents.Sec. 703. Eligibility of certain beneficiaries under the TRICARE program for participation in the Federal Employees Dental and Vision Insurance Program.Sec. 704. Coverage of medically necessary food and vitamins for digestive and inherited metabolic disorders under the TRICARE program.Sec. 705. Enhancement of use of telehealth services in military health system.Sec. 706. Evaluation and treatment of veterans and civilians at military treatment facilities.Sec. 707. Pilot program to provide health insurance to members of the reserve components of the Armed Forces.Sec. 708. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.Subtitle B—Health Care AdministrationSec. 721. Consolidation of the medical departments of the Army, Navy, and Air Force into the Defense Health Agency.Sec. 722. Accountability for the performance of the military health care system of certain positions in the system.Sec. 723. Selection of commanders and directors of military treatment facilities and tours of duty of commanders of such facilities.Sec. 724. Authority to convert military medical and dental positions to civilian medical and dental positions.Sec. 725. Authority to realign infrastructure of and health care services provided by military treatment facilities.Sec. 726. Acquisition of medical support contracts for TRICARE program.Sec. 727. Authority to enter into health care contracts with certain entities to provide care under the TRICARE program.Sec. 728. Improvement of health outcomes and control of costs of health care under TRICARE program through programs to involve covered beneficiaries.Sec. 729. Establishment of centers of excellence for specialty care in the military health system.Sec. 730. Program to eliminate variability in health outcomes and improve quality of health care services delivered in military treatment facilities.Sec. 731. Establishment of advisory committees for military treatment facilities.Sec. 732. Standardized system for scheduling medical appointments at military treatment facilities.Sec. 733. Display of wait times at urgent care clinics, emergency departments, and pharmacies of military treatment facilities.Sec. 734. Improvement and maintenance of combat casualty care and trauma care skills of health care providers of Department of Defense.Sec. 735. Adjustment of medical services, personnel authorized strengths, and infrastructure in military health system to maintain readiness and core competencies of health care providers.Sec. 736. Establishment of high performance military-civilian integrated health delivery systems.Sec. 737. Contracts with private sector entities to provide certain health care services at military treatment facilities.Sec. 738. Modification of acquisition strategy for health care professional staffing services.Sec. 739. Reduction of administrative requirements relating to automatic renewal of enrollments in TRICARE Prime.Subtitle C—Reports and Other MattersSec. 751. Pilot program on expansion of use of physician assistants to provide mental health care to members of the Armed Forces.Sec. 752. Implementation of plan to eliminate certain graduate medical education programs of Department of Defense.Sec. 753. Modification of authority of Uniformed Services University of the Health Sciences to include undergraduate and other medical education and training programs.Sec. 754. Memoranda of agreement with institutions of higher education that offer degrees in allopathic or osteopathic medicine.Sec. 755. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.Sec. 756. Prohibition on conduct of certain medical research and development projects.Sec. 757. Authorization of reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to covered beneficiaries.Sec. 758. Maintenance of certain reimbursement rates for care and services to treat autism spectrum disorder under demonstration program.Sec. 759. Incorporation into certain surveys by Department of Defense of questions on servicewomen experiences with family planning services and counseling.Sec. 760. Assessment of transition to TRICARE program by families of members of reserve components called to active duty and elimination of certain charges for such families.Sec. 761. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic stress.Sec. 762. Report on plan to improve pediatric care and related services for children of members of the Armed Forces.Sec. 763. Comptroller General report on health care delivery and waste in military health system.Sec. 764. Treatment of certain provisions relating to limitations, transparency, and oversight regarding medical research conducted by the Department of Defense.TITLE VIII—Acquisition policy, acquisition management, and related mattersSubtitle A—Acquisition policy managementSec. 801. Rapid acquisition authority amendments.Sec. 802. Authority for temporary service of Principal Military Deputies to the Assistant Secretaries of the military departments for acquisition as acting Assistant Secretaries.Sec. 803. Conduct of independent cost estimation and cost analysis.Sec. 804. Modernization of services acquisition.Sec. 805. Modified notification requirement for exercise of waiver authority to acquire vital national security capabilities.Sec. 806. Repeal of temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by contractors.Subtitle B—Amendments to general contracting authorities, procedures, and limitationsSec. 811. Defense cost accounting standards.Sec. 812. Increased micro-purchase threshold applicable to Department of Defense procurements.Sec. 813. Enhanced competition requirements.Sec. 814. Elimination of bid and proposal costs and other expenses as allowable independent research and development costs on certain contracts.Sec. 815. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain multiple-award task or delivery order contracts.Sec. 816. Modified restrictions on undefinitized contractual actions.Sec. 817. Non-traditional contractor definition.Sec. 818. Comprehensive small business contracting plans.Sec. 819. Limitation on task and delivery order protests.Sec. 820. Modified data collection requirements applicable to procurement of services.Sec. 821. Government Accountability Office bid protest reforms.Sec. 822. Report on bid protests.Sec. 823. Treatment of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements as use of competitive procedures.Sec. 824. Defense Acquisition Challenge Program.Sec. 825. Use of Lowest Price Technically Acceptable source selection process.Sec. 826. Penalties for the use of cost-type contracts.Sec. 827. Preference for fixed-price contracts.Sec. 828. Requirement to use firm fixed-price contracts for foreign military sales.Sec. 829. Preference for performance-based contractual payments.Sec. 829A. Share-in-savings contracts.Sec. 829B. Competitive procurement and phase out of rocket engines from the Russian Federation in the evolved expendable launch vehicle program for space launch of national security satellites.Sec. 829C. Special emergency procurement authority to facilitate the defense against or recovery from a cyber, nuclear, biological, chemical, or radiological attack.Sec. 829D. Limitation on use of reverse auction and lowest price technically acceptable contracting methods.Sec. 829E. Avoidance of use of brand names or brand-name or equivalent descriptions in solicitations.Sec. 829F. Sunset and repeal of certain contracting provisions.Sec. 829G. Flexibility in contracting award program.Sec. 829H. Products and services purchased through contracting program for firms that hire the severely disabled.Sec. 829I. Applicability of Executive Order 13673 Fair Pay and Safe Workplaces to Department of Defense contractors.Sec. 829J. Contract closeout authority.Sec. 829K. Closeout of old Navy contracts.Subtitle C—Provisions relating to major defense acquisition programsSec. 831. Repeal of major automated information systems provisions.Sec. 832. Revisions to definition of major defense acquisition program.Sec. 833. Acquisition strategy.Sec. 834. Improved life cycle cost control.Sec. 835. Modification of certain Milestone B certification requirements.Sec. 836. Disclosure of risk in cost estimates.Sec. 837. Authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms for purposes of acquisition reporting.Sec. 838. Counting of major defense acquisition program subcontracts toward small business goals.Sec. 839. Use of economy-wide inflation index to calculate percentage increase in unit costs.Sec. 840. Waiver of notification when acquiring tactical missiles and munitions above the budgeted quantity.Sec. 841. Multiple program multiyear contract pilot demonstration program.Sec. 842. Key Performance Parameter reduction pilot program.Sec. 843. Mission and system of systems interoperability.Sec. 844. B–21 bomber development program baseline and cost control.Subtitle D—Provisions relating to acquisition workforceSec. 851. Improvement of program and project management by the Department of Defense.Sec. 852. Authority to waive tenure requirement for program managers for program definition and program execution periods.Sec. 853. Enhanced use of data analytics to improve acquisition program outcomes.Sec. 854. Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used.Subtitle E—Provision related to commercial itemsSec. 861. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items.Sec. 862. Department of Defense exemptions from certain regulations.Sec. 863. Use of performance and commercial specifications in lieu of military specifications and standards.Sec. 864. Preference for commercial services.Sec. 865. Treatment of items purchased by prospective contractors prior to release of prime contract requests for proposals as commercial items.Sec. 866. Treatment of services provided by nontraditional contractors as commercial items.Sec. 867. Use of non-cost contracts to acquire commercial items.Sec. 868. Pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation competitive procedures.Subtitle F—Industrial base mattersSec. 871. Greater Integration of the National Technical Industrial Base.Sec. 872. Integration of civil and military roles in attaining national technology and industrial base objectives.Sec. 873. Distribution support and services for weapon systems contractors.Sec. 874. Permanency of Department of Defense SBIR and STTR programs.Sec. 875. Modified requirements for distribution of assistance under procurement technical assistance cooperative agreements.Sec. 876. Nontraditional and small disruptive innovation prototyping program.Subtitle G—International Contracting MattersSec. 881. International sales process improvements.Sec. 882. Working capital fund for precision guided munitions exports in support of contingency operations.Sec. 883. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.Sec. 884. Clarification of treatment of contracts performed outside the United States.Sec. 885. Enhanced authority to acquire products and services produced in Africa in support of covered activities.Sec. 886. Maintenance of prohibition on procurement by Department of Defense of People's Republic of China-origin items that meet the definition of goods and services controlled as munitions items when moved to the “600 series” of the Commerce Control List.Subtitle H—Other mattersSec. 891. Contractor business system requirements.Sec. 892. Authority to provide reimbursable auditing services to certain non-Defense Agencies.Sec. 893. Improved management practices to reduce cost and improve performance of certain Department of Defense organizations.Sec. 894. Director of Developmental Test and Evaluation.Sec. 895. Exemption from requirement for capital planning and investment control for information technology equipment included as integral part of a weapon or weapon system.Sec. 896. Modifications to pilot program for streamlining awards for innovative technology projects.Sec. 897. Enhancement of electronic warfare capabilities.Sec. 898. Improved transparency and oversight over Department of Defense research, development, test, and evaluation efforts and procurement activities related to medical research.Sec. 899. Extension of enhanced transfer authority for technology developed at Department of Defense laboratories.Sec. 899A. Rapid prototyping funds for the military services.Sec. 899B. Defense Modernization Account.TITLE IX—Department of Defense Organization and ManagementSubtitle A—Office of the Secretary of Defense and Related MattersSec. 901. Under Secretary of Defense for Research and Engineering and related acquisition position in the Office of the Secretary of Defense.Sec. 902. Qualifications for appointment of the Secretaries of the military departments.Sec. 903. Establishment of Assistant Secretary of Defense for Information (Chief Information Officer) in Office of Secretary of Defense.Sec. 904. Reduction in maximum number of personnel in Office of the Secretary of Defense and other Department of Defense headquarters offices.Sec. 905. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the military departments.Sec. 906. Unit within the Office of the Secretary of Defense supporting achievement of results in Department of Defense management reform and business transformation efforts.Subtitle B—Combatant Command MattersSec. 921. Joint Chiefs of Staff and related combatant command matters.Sec. 922. Delegation to Chairman of Joint Chiefs of Staff of authority to direct transfer of forces.Sec. 923. Organization of the Department of Defense for management of special operations forces and special operations.Sec. 924. Pilot program on organization of subordinate commands of a unified combatant command as joint task forces.Sec. 925. Expansion of eligibility for deputy commander of combatant command having United States among geographic area of responsibility to include officers of the Reserves.Subtitle C—Organization and Management of Other Department of Defense Offices and ElementsSec. 941. Organizational strategy for the Department of Defense.Sec. 942. Department of Defense management overview by the Secretary of Defense.Sec. 943. Modification of composition and mission of Joint Requirements Oversight Council.Sec. 944. Enhanced personnel management authorities for the Chief of the National Guard Bureau.Sec. 945. Management of defense clandestine human intelligence collection.Sec. 946. Repeal of Financial Management Modernization Executive Committee.Sec. 947. Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special Needs.Sec. 948. Pilot programs on waiver of applicability of rules and regulations to Department of Defense science and technology reinvention laboratories and DARPA to improve operations and personnel management.Sec. 949. Redesignation of Assistant Secretary of the Air Force for Acquisition as Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics.Subtitle D—Whistleblower Protections for Members of the Armed ForcesSec. 961. Improvements to whistleblower protection procedures.Sec. 962. Modification of whistleblower protection authorities to restrict contrary findings of prohibited personnel action by the Secretary concerned.Sec. 963. Improvements to authorities and procedures for the correction of military records.Sec. 964. Comptroller General of the United States review of integrity of Department of Defense whistleblower program.Subtitle E—Other MattersSec. 971. Modification of requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing.Sec. 972. Modification of authority of the Secretary of Defense relating to protection of the Pentagon Reservation and other Department of Defense facilities in the National Capital Region.Sec. 973. Enhanced security programs for Department of Defense personnel and innovation initiatives.TITLE X—General ProvisionsSubtitle A—Financial MattersSec. 1001. General transfer authority.Sec. 1002. Increased use of commercial data integration and analysis products for the purpose of preparing financial statement audits.Sec. 1003. Sense of Senate on sequestration.Subtitle B—Counter-Drug ActivitiesSec. 1006. Codification and modification of authority to provide support for counter-drug activities and activities to counter transnational organized crime of civilian law enforcement agencies.Sec. 1007. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.Subtitle C—Naval Vessels and ShipyardsSec. 1011. Availability of funds for retirement or inactivation of cruisers or dock landing ships.Sec. 1012. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.Subtitle D—CounterterrorismSec. 1021. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.Sec. 1022. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.Sec. 1022A. Prohibition on reprogramming requests for funds for transfer or release, or construction for transfer or release, of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.Sec. 1023. Designing and planning related to construction of certain facilities in the United States.Sec. 1024. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment.Sec. 1025. Authority for article III judges to take certain actions relating to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.Sec. 1026. Extension of prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.Sec. 1027. Matters on memorandum of understanding between the United States and governments of receiving foreign countries and entities in certifications on transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba.Sec. 1028. Limitation on transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, pending a report on their terrorist actions and affiliations.Sec. 1029. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to countries covered by Department of State travel warnings.Sec. 1030. Extension of prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba.Subtitle E—Assured Access to SpaceSec. 1036. Restrictions on use of rocket engines from the Russian Federation for space launch of national security satellites.Sec. 1037. Limitation on use of rocket engines from the Russian Federation to achieve assured access to space.Sec. 1038. Repeal of provision permitting the use of rocket engines from the Russian Federation for the evolved expendable launch vehicle program.Subtitle F—Miscellaneous Authorities and LimitationsSec. 1041. Assigned forces of the combatant commands.Sec. 1042. Quadrennial independent review of United States military strategy and force posture in the United States Pacific Command area of responsibility.Sec. 1043. Designation of a Department of Defense Strategic Arctic Port.Sec. 1044. Modification of requirements regarding notifications to Congress on sensitive military operations.Sec. 1045. Reconnaissance Strike Group matters.Sec. 1046. Transition of Air Force to operation of remotely piloted aircraft by enlisted personnel.Sec. 1047. Prohibition on divestment of Marine Corps Search and Rescue Units.Sec. 1048. Modification of requirements relating to management of military technicians.Sec. 1049. Support for the Associate Director of the Central Intelligence Agency for Military Affairs.Sec. 1050. Enhancement of interagency support during contingency operations and transition periods.Sec. 1051. Enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense.Sec. 1052. Notification on the provision of defense sensitive support.Sec. 1053. Modification of authority to transfer Department of Defense property for law enforcement activities.Sec. 1054. Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act.Sec. 1055. Treatment of certain sensitive information by State and local governments.Sec. 1056. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to certain persons.Sec. 1057. Sense of the Senate on development and fielding of fifth generation airborne systems.Sec. 1058. Technical and conforming amendments.Subtitle G—National Commission on Military, National, and Public ServiceSec. 1066. Purpose and scope.Sec. 1067. National Commission on Military, National, and Public Service.Sec. 1068. Commission hearings and meetings.Sec. 1069. Principles and procedure for Commission recommendations.Sec. 1070. Executive Director and staff.Sec. 1071. Judicial review precluded.Sec. 1072. Termination.Sec. 1073. Funding.Subtitle H—Studies and ReportsSec. 1076. Annual reports on unfunded priorities of the Armed Forces and the combatant commands.Sec. 1077. Assessment of the joint ground forces of the Armed Forces.Sec. 1078. Report on independent assessment of the force structure of the Armed Forces to meet the national defense strategy.Sec. 1079. Annual report on observation flights over the United States under the Open Skies Treaty.Sec. 1080. Reports on programs managed under alternative compensatory control measures in the Department of Defense.Sec. 1081. Requirement for notice and reporting to Committees on Armed Services on certain expenditures of funds by Defense Intelligence Agency.Sec. 1082. Repeal of Department of Defense reporting requirements for which statutory requirement is from an amendment made by an annual national defense authorization Act.Sec. 1083. Repeal of Department of Defense reporting requirements for which statutory requirement is specified in an annual national defense authorization Act.Sec. 1084. Repeal of requirements relating to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of Defense.Sec. 1085. Report on priorities for bed downs, basing criteria, and special mission units for C–130J aircraft of the Air Force.Subtitle I—Other MattersSec. 1086. Military service management of F–35 Joint Strike Fighter program.Sec. 1087. Treatment of follow-on modernization for the F–35 joint strike fighter as a major defense acquisition program.Sec. 1088. Reduction in minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained.Sec. 1089. Streamlining of the National Security Council.Sec. 1090. Form of annual national security strategy report.Sec. 1091. Border security metrics.Sec. 1092. Consolidation of marketing of the Army within the Army Marketing Research Group.Sec. 1093. Protection against misuse of Naval Special Warfare Command insignia.Sec. 1094. Program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier.Sec. 1095. Sense of Congress regarding the OCONUS basing of the KC–46A aircraft.Sec. 1096. Replacement of quadrennial defense review with national defense strategy.Sec. 1097. Project management.TITLE XI—Civilian Personnel MattersSubtitle A—Department of Defense Matters GenerallySec. 1101. Civilian personnel management.Sec. 1102. Repeal of requirement for annual strategic workforce plan for the Department of Defense.Sec. 1103. Temporary and term appointments in the competitive service in the Department of Defense.Sec. 1104. Personnel authorities related to the defense acquisition workforce.Sec. 1105. Direct hire authority for financial management experts in the Department of Defense workforce.Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary students and recent graduates.Sec. 1107. Public-private talent exchange.Sec. 1108. Training for employment personnel of Department of Defense on matters relating to authorities for recruitment and retention at United States Cyber Command.Sec. 1109. Increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense.Sec. 1110. Repeal of certain basis for appointment of a retired member of the Armed Forces to Department of Defense position within 180 days of retirement.Sec. 1111. Pilot programs on career sabbaticals for Department of Defense civilian employees.Sec. 1112. Limitation on number of SES employees.Sec. 1113. No time limitation for appointment of relocating military spouses.Subtitle B—Department of Defense Science and Technology Laboratories and Related MattersSec. 1121. Permanent personnel management authority for the Department of Defense for experts in science and engineering.Sec. 1122. Permanent extension and modification of temporary authorities for certain positions at Department of Defense research and engineering laboratories.Sec. 1123. Direct hire authority for scientific and engineering positions for test and evaluation facilities of the Major Range and Test Facility Base.Sec. 1124. Permanent authority for the temporary exchange of information technology personnel.Sec. 1125. Pilot program on enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of the Department of Defense.Sec. 1126. Discharge of certain authorities to conduct personnel demonstration projects.Subtitle C—Government-Wide MattersSec. 1131. Expansion of personnel flexibilities relating to land management agencies to include all agencies.Sec. 1132. Direct hiring for Federal wage schedule employees.Sec. 1133. Appointment authority for uniquely qualified prevailing rate employees.Sec. 1134. Limitation on preference eligible hiring preferences for permanent employees in the competitive service.Sec. 1135. Authority for advancement of pay for certain employees relocating within the United States and its territories.Sec. 1136. Elimination of the foreign exemption provision in regard to overtime for federal civilian employees temporarily assigned to a foreign area.Sec. 1137. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.Subtitle D—Other MattersSec. 1151. Modification of flat rate per diem requirement for personnel on long-term temporary duty assignments.Sec. 1152. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.TITLE XII—Matters Relating to Foreign NationsSubtitle A—Assistance and TrainingSec. 1201. Three-year extension of Commanders' Emergency Response Program.Sec. 1202. Increase in size of the Special Defense Acquisition Fund.Sec. 1203. Codification of authority for support of special operations to combat terrorism.Sec. 1204. Prohibition on use of funds to invite, assist, or otherwise assure the participation of Cuba in certain joint or multilateral exercises.Subtitle B—Matters Relating to Afghanistan and PakistanSec. 1211. Extension and modification of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.Sec. 1212. Modification of authority for reimbursement of certain coalition nations for support.Sec. 1213. Prohibition on use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government personnel.Sec. 1214. Reimbursement of Pakistan for security enhancement activities.Sec. 1215. Improvement of oversight of United States Government efforts in Afghanistan.Subtitle C—Matters Relating to Syria and IraqSec. 1221. Extension and modification of authority to provide assistance to the vetted Syrian opposition.Sec. 1222. Extension of authority to provide assistance to counter the Islamic State of Iraq and the Levant.Sec. 1223. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.Subtitle D—Matters Relating to IranSec. 1226. Additional elements in the annual report on the military power of Iran.Subtitle E—Matters Relating to the Russian FederationSec. 1231. Extension and enhancement of Ukraine Security Assistance Initiative.Sec. 1232. Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises.Sec. 1233. Additional matters in annual report on military and security developments involving the Russian Federation.Sec. 1234. European investment in security and stability.Sec. 1235. Sense of Senate on European Deterrence Initiative.Subtitle F—Matters Relating to Asia-Pacific RegionSec. 1241. Annual update of Department of Defense Freedom of Navigation Report.Sec. 1242. Inclusion of the Philippines among allied countries with whom United States may enter into cooperative military airlift agreements.Sec. 1243. Military exchanges between the United States and Taiwan.Sec. 1244. Sense of Senate on Taiwan.Sec. 1245. Sense of Senate on enhancement of the military relationship between the United States and Vietnam.Sec. 1246. Redesignation of South China Sea Initiative.Sec. 1247. Military-to-military exchanges with India.Subtitle G—Reform of Department of Defense Security CooperationSec. 1251. Sense of Congress on security sector assistance.Sec. 1252. Enactment of new chapter for defense security cooperation.Sec. 1253. Military-to-military exchanges.Sec. 1254. Consolidation and revision of authorities for payment of personnel expenses necessary for theater security cooperation.Sec. 1255. Transfer and revision of authority on payment of expenses in connection with training and exercises with friendly foreign forces.Sec. 1256. Transfer and revision of authority to provide operational support to forces of friendly foreign countries.Sec. 1257. Department of Defense State Partnership Program.Sec. 1258. Modification of Regional Defense Combating Terrorism Fellowship Program.Sec. 1259. Consolidation of authorities for service academy international engagement.Sec. 1260. Security Cooperation Enhancement Fund.Sec. 1261. Consolidation and standardization of reporting requirements relating to security cooperation authorities.Sec. 1262. Requirement for submittal of consolidated annual budget for security cooperation programs and activities of the Department of Defense.Sec. 1263. Department of Defense security cooperation workforce development.Sec. 1264. Coordination between Department of Defense and Department of State on certain security cooperation and security assistance programs and activities.Sec. 1265. Repeal of superseded, obsolete, or duplicative statutes relating to security cooperation authorities.Subtitle H—Miscellaneous Reports and Other MattersSec. 1271. Free trade agreements with sub-Saharan African countries.Sec. 1272. Extension and expansion of authority to support border security operations of certain foreign countries.Sec. 1273. Modification and clarification of United States-Israel anti-tunnel cooperation authority.Sec. 1274. Modification to and extension of authorization of non-conventional assisted recovery capabilities.Sec. 1275. Assessment of proliferation of certain remotely piloted aircraft systems.Sec. 1276. Efforts to end modern slavery.Sec. 1277. Sense of Congress on commitment to the Republic of Palau.Subtitle I—Human Rights SanctionsSec. 1281. Short title.Sec. 1282. Definitions.Sec. 1283. Authorization of imposition of sanctions.Sec. 1284. Reports to Congress.TITLE XIII—COOPERATIVE THREAT REDUCTIONSec. 1301. Specification of Cooperative Threat Reduction funds.Sec. 1302. Funding allocations.TITLE XIV—Other AuthorizationsSubtitle A—Military ProgramsSec. 1401. Working capital funds.Sec. 1402. Chemical Agents and Munitions Destruction, Defense.Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.Sec. 1404. Defense Inspector General.Sec. 1405. Defense Health Program.Sec. 1406. Security Cooperation Enhancement Fund.Subtitle B—National Defense StockpileSec. 1411. National Defense Stockpile matters.Sec. 1412. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile.Subtitle C—Chemical Demilitarization MattersSec. 1421. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama.Sec. 1422. National Academies of Sciences study on conventional munitions demilitarization alternative technologies.Subtitle D—Other MattersSec. 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 OperationsSubtitle A—Authorization of AppropriationsSec. 1501. Purpose.Sec. 1502. Overseas contingency operations.Sec. 1503. Procurement.Sec. 1504. Research, development, test, and evaluation.Sec. 1505. Operation and maintenance.Sec. 1506. Military personnel.Sec. 1507. Working capital funds.Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.Sec. 1509. Defense Inspector General.Sec. 1510. Defense Health Program.Sec. 1511. Security Cooperation Enhancement Fund.Subtitle B—Financial MattersSec. 1521. Treatment as additional authorizations.Sec. 1522. Special transfer authority.Subtitle C—Limitations, Reports, and Other MattersSec. 1531. Joint Improvised Explosive Device Defeat Fund.Sec. 1532. Extension and modification of authorities on Counterterrorism Partnerships Fund.Sec. 1533. Afghanistan Security Forces Fund.TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERSSubtitle A—Space ActivitiesSec. 1601. Requirement that pilot program for acquisition of commercial satellite communication services demonstrate order-of-magnitude improvements in satellite communications capabilities.Sec. 1602. Plan for use of allied launch vehicles.Sec. 1603. Long-term strategy on electromagnetic spectrum for warfare.Sec. 1604. Five-year plan for Joint Interagency Combined Space Operations Center.Sec. 1605. Independent assessment of Global Positioning System Next Generation Operational Control System.Sec. 1606. Government Accountability Office assessment of satellite acquisition by National Reconnaissance Office.Sec. 1607. Cost-benefit analysis of commercial use of excess ballistic missile solid rocket motors.Sec. 1608. Assessment of cost-benefit analyses by Department of Defense of use of KA-band commercial satellite communications.Sec. 1609. Limitation on use of funds for Joint Space Operations Center Mission System.Sec. 1610. Limitation on availability of fiscal year 2017 funds for the Global Positioning System Next Generation Operational Control System.Sec. 1611. Availability of certain amounts to meet requirements in connection with United States policy on assured access to space.Sec. 1612. Availability of funds for certain secure voice conferencing capabilities.Subtitle B—Defense Intelligence and Intelligence-Related ActivitiesSec. 1621. Department of Defense-wide requirements for security clearances for military intelligence officers.Subtitle C—Cyber Warfare, Cybersecurity, and Related MattersSec. 1631. Cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack.Sec. 1632. Cyber Mission Forces matters.Sec. 1633. Limitation on ending of arrangement in which the Commander of the United States Cyber Command is also Director of the National Security Agency.Sec. 1634. Pilot program on application of consequence-driven, cyber-informed engineering to mitigate against cybersecurity threats to operating technologies of military installations.Sec. 1635. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems.Sec. 1636. Review and assessment of technology strategy and development at Defense Information Systems Agency.Sec. 1637. Evaluation of cyber vulnerabilities of Department of Defense critical infrastructure.Sec. 1638. Plan for information security continuous monitoring capability and comply-to-connect policy.Sec. 1639. Report on authority delegated to Secretary of Defense to conduct cyber operations.Sec. 1640. Deterrence of adversaries in cyberspace.Subtitle D—Nuclear ForcesSec. 1651. Procurement authority for certain parts of intercontinental ballistic missile fuzes.Sec. 1652. Modification of report on activities of the Council on Oversight of the National Leadership Command, Control, and Communications System.Sec. 1653. Review by Comptroller General of the United States of recommendations relating to nuclear enterprise of Department of Defense.Sec. 1654. Sense of Congress on nuclear deterrence.Sec. 1655. Expedited decision with respect to securing land-based missile fields.Subtitle E—Missile Defense ProgramsSec. 1661. Required testing by Missile Defense Agency of ground-based midcourse defense element of ballistic missile defense system.Sec. 1662. Iron Dome short-range rocket defense system codevelopment and coproduction.Sec. 1663. Non-terrestrial missile defense intercept and defeat capability for the ballistic missile defense system.Sec. 1664. Review of pre-launch missile defense strategy.Sec. 1665. Modification of national missile defense policy.Sec. 1666. Extension of prohibitions on providing certain missile defense information to the Russian Federation.Subtitle F—Other MattersSec. 1671. Survey and review of Defense Intelligence Enterprise.Sec. 1672. Milestone A decision for the Conventional Prompt Global Strike Weapons System.Sec. 1673. Cyber Center for Education and Innovation and National Cryptologic Museum.DIVISION B—Military construction authorizationsSec. 2001. Short title.Sec. 2002. Expiration of authorizations and amounts required to be specified by law.Sec. 2003. Effective date.TITLE XXI—Army military constructionSec. 2101. Authorized Army construction and land acquisition projects.Sec. 2102. Family housing.Sec. 2103. Authorization of appropriations, Army.Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project.Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects.Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects.TITLE XXII—Navy military constructionSec. 2201. Authorized Navy construction and land acquisition projects.Sec. 2202. Family housing.Sec. 2203. Improvements to military family housing units.Sec. 2204. Authorization of appropriations, Navy.Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project.Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects.Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects.TITLE XXIII—Air Force military constructionSec. 2301. Authorized Air Force construction and land acquisition projects.Sec. 2302. Family housing.Sec. 2303. Improvements to military family housing units.Sec. 2304. Authorization of appropriations, Air Force.Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project.Sec. 2306. Extension of authorizations of certain fiscal year 2014 projects.TITLE XXIV—Defense agencies military constructionSec. 2401. Authorized Defense Agencies construction and land acquisition projects.Sec. 2402. Authorized energy conservation projects.Sec. 2403. Authorization of appropriations, defense agencies.Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project.Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects.Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects.TITLE XXV—International programsSubtitle A—North Atlantic Treaty Organization Security Investment ProgramSec. 2501. Authorized NATO construction and land acquisition projects.Sec. 2502. Authorization of appropriations, NATO.Subtitle B—Host country In-Kind contributionsSec. 2511. Republic of Korea funded construction projects.TITLE XXVI—Guard and Reserve Forces facilitiesSubtitle A—Project authorizations and authorization of appropriationsSec. 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 mattersSec. 2611. Modification of authority to carry out certain fiscal year 2014 project.Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project.Sec. 2613. Extension of authorization of certain fiscal year 2013 project.Sec. 2614. Extension of authorizations of certain fiscal year 2014 projects.Sec. 2615. Report on replacement of security forces and communications training facility at Frances S. Gabreski Air National Guard Base, New York.TITLE XXVII—Base realignment and closure activitiesSec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.TITLE XXVIII—Military construction general provisionsSubtitle A—Military construction program and military family housing changesSec. 2801. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.Sec. 2802. Limited authority for scope of work increase.Sec. 2803. Permanent authority for acceptance and use of contributions for certain construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.Subtitle B—Real property and facilities administrationSec. 2811. Authority to carry out military construction projects for energy resiliency and security projects not previously authorized.Sec. 2812. Authority of the Secretary concerned to accept lessee improvements at Government-owned/contractor-operated industrial plants or facilities.Sec. 2813. Treatment of insured depository institutions operating on land leased from military installations.Subtitle C—Land conveyancesSec. 2821. Land acquisitions, Arlington County, Virginia.Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.Sec. 2823. Land conveyance, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska.Sec. 2824. Transfer of Fort Belvoir Mark Center Campus from the Secretary of the Army to the Secretary of Defense and applicability of certain provisions of law relating to the Pentagon Reservation.Sec. 2825. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona.Sec. 2826. Lease, Joint Base Elmendorf-Richardson, Alaska.Subtitle D—Utah land withdrawals and exchanges.PART I—Authorization for temporary closure of certain public land adjacent to the Utah Test and Training RangeSec. 2831. Short title.Sec. 2832. Definitions.Sec. 2833. Memorandum of agreement.Sec. 2834. Temporary closures.Sec. 2835. Liability.Sec. 2836. Community resource advisory group.Sec. 2837. Savings clauses.PART II—Bureau of Land Management land exchange with State of UtahSec. 2841. Definitions.Sec. 2842. Exchange of federal land and non-federal land.Sec. 2843. Status and management of non-federal land acquired by the United States.Sec. 2844. Hazardous materials.Subtitle E—Other mattersSec. 2851. Certification of optimal location for 4th and 5th generation combat aircraft basing and for rotation of forces at Naval Air Station El Centro or Marine Corps Air Station Kaneohe Bay.Sec. 2852. Replenishment of Sierra Vista Subwatershed regional aquifer, Arizona.TITLE XXIX—Overseas contingency operations military constructionSec. 2901. Authorized Navy construction and land acquisition projects.Sec. 2902. Authorized Air Force construction and land acquisition projects.Sec. 2903. Authorization of appropriations.DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONSTITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSSubtitle A—National Security Programs AuthorizationsSec. 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 LimitationsSec. 3111. Common financial systems for the nuclear security enterprise.Sec. 3112. Industry best practices in operations at National Nuclear Security Administration facilities and sites.Sec. 3113. Limitation on acceleration of dismantlement of retired nuclear weapons.Sec. 3114. Contract for mixed-oxide fuel fabrication facility construction project.Sec. 3115. Unavailability for general and administrative overhead costs of amounts specified for certain laboratories for laboratory-directed research and development.Sec. 3116. Increase in certain limitations applicable to funds for conceptual and construction design of the Department of Energy.Subtitle C—Plans and ReportsSec. 3121. Estimate of total life cycle cost of tank waste cleanup at Hanford Reservation.Sec. 3122. Analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation.Sec. 3123. Analyses of options for disposal of high-level radioactive waste.Sec. 3124. Elimination of duplication in reviews by Comptroller General of the United States.Sec. 3125. Repeal of requirement for Comptroller General of the United States report on the program on scientific engagement for nonproliferation.TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARDSec. 3201. Authorization.TITLE XXXIII—Federal Aviation Administration third class medical reform and general aviation pilot protectionsSec. 3301. Short title.Sec. 3302. Medical certification of certain small aircraft pilots.Sec. 3303. Expansion of Pilot's Bill of Rights.Sec. 3304. Limitations on reexamination of certificate holders.Sec. 3305. Expediting updates to NOTAM program.Sec. 3306. Accessibility of certain flight data.Sec. 3307. Authority for legal counsel to issue certain notices.TITLE XXXV—MARITIME ADMINISTRATIONSec. 3501. Maritime Administration.Sec. 3502. National security floating dry docks.DIVISION D—Funding TablesSec. 4001. Authorization of amounts in funding tables.TITLE XLI—ProcurementSec. 4101. Procurement.Sec. 4102. Procurement for overseas contingency operations.TITLE XLII—Research, Development, Test, and EvaluationSec. 4201. Research, development, test, and evaluation.Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.TITLE XLIII—Operation and MaintenanceSec. 4301. Operation and maintenance.Sec. 4302. Operation and maintenance for overseas contingency operations.TITLE XLIV—Military PersonnelSec. 4401. Military personnel.Sec. 4402. Military personnel for overseas contingency operations.TITLE XLV—Other AuthorizationsSec. 4501. Other authorizations.Sec. 4502. Other authorizations for overseas contingency operations.TITLE XLVI—Military ConstructionSec. 4601. Military construction.Sec. 4602. Military construction for overseas contingency operations.TITLE XLVII—Department of Energy National Security ProgramsSec. 4701. Department of Energy national security programs.DIVISION E—Uniform Code of Military Justice ReformSec. 5001. Short title.TITLE LI—General ProvisionsSec. 5101. Definitions.Sec. 5102. Clarification of persons subject to UCMJ while on inactive-duty training.Sec. 5103. Staff judge advocate disqualification due to prior involvement in case.Sec. 5104. Conforming amendment relating to military magistrates.Sec. 5105. Rights of victim.TITLE LII—Apprehension and RestraintSec. 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 PunishmentSec. 5141. Modification of confinement as non-judicial punishment.TITLE LIV—Court-Martial JurisdictionSec. 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-MartialSec. 5181. Technical amendment relating to persons authorized to convene general courts-martial.Sec. 5182. Who may serve on courts-martial and related matters.Sec. 5183. Number of court-martial members in capital cases.Sec. 5184. Detailing, qualifications, and other matters relating to military judges.Sec. 5185. Qualifications of trial counsel and defense counsel.Sec. 5186. Assembly and impaneling of members and related matters.Sec. 5187. Military magistrates.TITLE LVI—Pre-Trial ProcedureSec. 5201. Charges and specifications.Sec. 5202. Proceedings conducted before referral.Sec. 5203. Preliminary hearing required before referral to general court-martial.Sec. 5204. Disposition guidance.Sec. 5205. Advice to convening authority before referral for trial.Sec. 5206. Service of charges and commencement of trial.TITLE LVII—Trial ProcedureSec. 5221. Duties of assistant defense counsel.Sec. 5222. Sessions.Sec. 5223. Technical amendment relating to continuances.Sec. 5224. Conforming amendments relating to challenges.Sec. 5225. Statute of limitations.Sec. 5226. Former jeopardy.Sec. 5227. Pleas of the accused.Sec. 5228. Subpoena and other process.Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evidence.Sec. 5230. Contempt.Sec. 5231. Depositions.Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records of courts of inquiry.Sec. 5233. Conforming amendment relating to defense of lack of mental responsibility.Sec. 5234. Voting and rulings.Sec. 5235. Votes required for conviction, sentencing, and other matters.Sec. 5236. Findings and sentencing.Sec. 5237. Plea agreements.Sec. 5238. Record of trial.TITLE LVIII—SentencesSec. 5261. Sentencing.Sec. 5262. Effective date of sentences.Sec. 5263. Sentence of reduction in enlisted grade.Sec. 5264. Repeal of sentence reduction provision when interim guidance takes effect.TITLE LIX—Post-Trial Procedure and Review of Courts-MartialSec. 5281. Post-trial processing in general and special courts-martial.Sec. 5282. Limited authority to act on sentence in specified post-trial circumstances.Sec. 5283. Post-trial actions in summary courts-martial and certain general and special courts-martial.Sec. 5284. Entry of judgment.Sec. 5285. Waiver of right to appeal and withdrawal of appeal.Sec. 5286. Appeal by the United States.Sec. 5287. Rehearings.Sec. 5288. Judge advocate review of finding of guilty in summary court-martial.Sec. 5289. Transmittal and review of records.Sec. 5290. Courts of Criminal Appeals.Sec. 5291. Review by Court of Appeals for the Armed Forces.Sec. 5292. Supreme Court review.Sec. 5293. Review by Judge Advocate General.Sec. 5294. Appellate defense counsel in death penalty cases.Sec. 5295. Authority for hearing on vacation of suspension of sentence to be conducted by qualified judge advocate.Sec. 5296. Extension of time for petition for new trial.Sec. 5297. Restoration.Sec. 5298. Leave requirements pending review of certain court-martial convictions.TITLE LX—Punitive ArticlesSec. 5301. Reorganization of punitive articles.Sec. 5302. Conviction of offense charged, lesser included offenses, and attempts.Sec. 5303. Soliciting commission of offenses.Sec. 5304. Malingering.Sec. 5305. Breach of medical quarantine.Sec. 5306. Missing movement; jumping from vessel.Sec. 5307. Offenses against correctional custody and restriction.Sec. 5308. Disrespect toward superior commissioned officer; assault of superior commissioned officer.Sec. 5309. Willfully disobeying superior commissioned officer.Sec. 5310. Prohibited activities with military recruit or trainee by person in position of special trust.Sec. 5311. Offenses by sentinel or lookout.Sec. 5312. Disrespect toward sentinel or lookout.Sec. 5313. Release of prisoner without authority; drinking with prisoner.Sec. 5314. Penalty for acting as a spy.Sec. 5315. Public records offenses.Sec. 5316. False or unauthorized pass offenses.Sec. 5317. Impersonation offenses.Sec. 5318. Insignia offenses.Sec. 5319. False official statements; false swearing.Sec. 5320. Parole violation.Sec. 5321. Wrongful taking, opening, etc. of mail matter.Sec. 5322. Improper hazarding of vessel or aircraft.Sec. 5323. Leaving scene of vehicle accident.Sec. 5324. Drunkenness and other incapacitation offenses.Sec. 5325. Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel.Sec. 5326. Endangerment offenses.Sec. 5327. Communicating threats.Sec. 5328. Technical amendment relating to murder.Sec. 5329. Child endangerment.Sec. 5330. Rape and sexual assault offenses.Sec. 5331. Deposit of obscene matter in the mail.Sec. 5332. Fraudulent use of credit cards, debit cards, and other access devices.Sec. 5333. False pretenses to obtain services.Sec. 5334. Robbery.Sec. 5335. Receiving stolen property.Sec. 5336. Offenses concerning Government computers.Sec. 5337. Bribery.Sec. 5338. Graft.Sec. 5339. Kidnapping.Sec. 5340. Arson; burning property with intent to defraud.Sec. 5341. Assault.Sec. 5342. Burglary and unlawful entry.Sec. 5343. Stalking.Sec. 5344. Subornation of perjury.Sec. 5345. Obstructing justice.Sec. 5346. Misprision of serious offense.Sec. 5347. Wrongful refusal to testify.Sec. 5348. Prevention of authorized seizure of property.Sec. 5349. Wrongful interference with adverse administrative proceeding.Sec. 5350. Retaliation.Sec. 5351. Extraterritorial application of certain offenses.Sec. 5352. Table of sections.TITLE LXI—Miscellaneous ProvisionsSec. 5401. Technical amendments relating to courts of inquiry.Sec. 5402. Technical amendment to article 136.Sec. 5403. Articles of Uniform Code of Military Justice to be explained to officers upon commissioning.Sec. 5404. Military justice case management; data collection and accessibility.TITLE LXII—Military Justice Review Panel and Annual ReportsSec. 5421. Military Justice Review Panel.Sec. 5422. Annual reports.TITLE LXIII—Conforming Amendments and Effective DatesSec. 5441. Amendments to UCMJ subchapter tables of sections.Sec. 5442. Effective dates.

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.

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.

A

Department of Defense authorizations

B

Military construction authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2017.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after three years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—(1)October 1, 2019; or(2)the date of the enactment of an Act authorizing funds for military construction for fiscal year 2020.(b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—(1)October 1, 2019; or(2)the date of the enactment of an Act authorizing funds for fiscal year 2020 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI through XXVII shall take effect on the later of—(1)October 1, 2016; or(2)the date of the enactment of this Act.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

In general

Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.(b)

Merit-based decisions

A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—(1)be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and(2)comply with other applicable provisions of law.(c)

Relationship To transfer and programming authority

An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.(d)

Applicability To classified annex

This section applies to any classified annex that accompanies this Act.(e)

Oral written communications

No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

E

Uniform Code of Military Justice Reform

5001.

Short title

This division may be cited as the Military Justice Act of 2016.

Passed the Senate June 14, 2016.SecretaryJune 21, 2016Ordered to be printed as passed