The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Dec 24, 2016.
(This measure has not been amended since the Conference Report was filed in the House on November 30, 2016. The summary of that version is repeated here.)
This bill authorizes FY2017 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE).
The bill authorizes appropriations, but does not provide budget authority, which is provided by appropriations legislation.
The bill authorizes appropriations to DOD for:
Procurement; Research, Development, Test, and Evaluation; Operation and Maintenance; Cooperative Threat Reduction; Working Capital Funds; Chemical Agents and Munitions Destruction; Defense-Wide Drug Interdiction and Counter-Drug Activities; the Defense Inspector General; and the Defense Health Program. The bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. OCO appropriations authorized in the bill support base budget requirements as well as OCO activities.
The bill authorizes the FY2017 personnel strengths for active duty and reserve forces and sets forth policies regarding:
military personnel; compensation and other personnel benefits; health care; acquisition policy and management; DOD organization and management; civilian personnel matters; matters relating to foreign nations; cooperative threat reduction; and strategic programs, cyber, and intelligence matters. The bill authorizes appropriations and sets forth policies regarding military construction; base realignment and closure (BRAC) activities; and DOE national security programs, including the National Nuclear Security Administration. The bill prohibits an additional BRAC round.
The bill also amends the Uniform Code of Military Justice (UCMJ) to reorganize the UCMJ and revise the procedures and structure of the military justice system.
National Defense Authorization Act for Fiscal Year 2017
(Sec. 3) Defines "congressional defense committees" as the House and Senate Armed Services and Appropriations Committees.
(Sec. 4) Requires the budgetary effects of this bill to be determined in accordance with the procedures established in the Statutory Pay-As-You-Go Act of 2010.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Subtitle A--Authorization of Appropriations
(Sec. 101) Authorizes appropriations to the Department of Defense (DOD) for Procurement at the levels identified in section 4101 of this bill.
Subtitle B--Army Programs
(Sec. 111) Authorizes the Army to enter into one or more multiyear contracts for AH-64E Apache helicopters beginning in FY2017.
(Sec. 112) Authorizes the Army to enter into one or more multiyear contracts for UH-60M and HH-60M Black Hawk helicopters beginning in FY2017.
(Sec. 113) Requires the Army to: (1) take actions to improve training for operators of the Distributed Common Ground System-Army (DCGS-A) and their leaders, at division level and below tactical units; and (2) rapidly identify and field an effective, suitable and survivable solution for division and below tactical units by acquiring a commercially available off the shelf, non-developmental capability that meets specified requirements.
(Sec. 114) Requires DOD, in consultation with the Army, to assess and report to Congress on the capabilities of the Army with respect to:
AH-64 Apache-equipped attack reconnaissance battalions; air defense artillery; chemical, biological, radiological, and nuclear capabilities and modernization needs; field artillery; changes in doctrine and war plans consistent with DOD policy on cluster munitions and unintended harm to civilians; fuel distribution and water purification; watercraft and port-opening; transportation capacity and responsiveness; military police; and tactical mobility and tactical wheeled vehicle capacity. Subtitle C--Navy Programs
(Sec. 121) Requires the Navy to deem ship delivery to occur on the date on which: (1) 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. Requires the Navy to certify to Congress that the delivery dates for specified vessels have been adjusted in accordance with this section.
(Sec. 122) Authorizes the Navy to enter into and incrementally fund a contract for detail design and construction of the LHA (Amphibious Assault Ship) replacement ship designated LHA 8.
(Sec. 123) Requires an annual report on Littoral Combat Ship (LCS) mission packages and a certification of the acquisition inventory objective of LCS mission packages.
Requires DOD to provide a specified certification to Congress prior to a revision or deviation from revision three of the LCS acquisition strategy.
Prohibits DOD from selecting a single prime contractor for the LCS or any successor frigate class ship unless the selection is conducted using competitive procedures, performed for the purpose of constructing a frigate class ship, and occurs only after a frigate design has reached sufficient maturity and design completeness.
(Sec. 124) Prohibits funds from being used to enter into or prepare to enter into sole source contracts for one or more joint high speed vessels or expeditionary fast transports unless the Navy submits a certification and report to Congress.
(Sec. 125) Restricts the use of funds for research and development, design, procurement, or advanced procurement of materials for the Advanced Arresting Gear (AAG) to be installed on U.S.S. Enterprise (CVN-80) until DOD submits a specified acquisition report to Congress.
Limits funds for the AAG to be installed on U.S.S. John F. Kennedy (CVN-79) unless the Milestone Decision Authority (MDA) determines that the AAG should be installed on that ship and notifies Congress of the determination.
Requires DOD to execute reporting requirements for unit cost and critical cost growth, as though DOD had submitted a Selected Acquisition Report with a specified baseline estimate included, but exempts DOD from having to rescind the milestone decision approval for the AAG program during the required reviews.
Specifies that, during the required review of critical cost growth, DOD may 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 DOD without unnecessarily wasting resources.
(Sec. 126) Limits the use of funds for advance procurement or procurement for the U.S.S. John F. Kennedy (CVN-79) or the U.S.S. Enterprise (CVN-80) until the Navy submits a report to Congress.
(Sec. 127) Expresses the sense of Congress on aircraft carrier procurement schedules.
(Sec. 128) Requires the Navy to report to Congress on potential upgrades to the capabilities for the P-8 Poseidon aircraft.
(Sec. 129) Authorizes the Navy to enter into and incrementally fund a contract for design and construction of the replacement dock landing ship designated LX(R) or the amphibious transport dock designated LPD-29.
Subtitle D--Air Force Programs
(Sec. 131) Authorizes the Air Force to use FY2017 funds to transfer the primary mission equipment of the EC-130H Compass Call aircraft fleet to an aircraft platform that the Air Force determines is: (1) more operationally effective and survivable than the existing EC-130H Compass Call aircraft platform, and (2) meets the requirements of the combatant commands.
Limits procurement to the first two aircraft of the planned ten aircraft fleet until the Air Force determines there is a high likelihood the program will meet the requirements of the combatant commands.
(Sec. 132) Amends the National Defense Authorization Act for Fiscal Year 2013 to repeal the requirement for the Air Force to continue to preserve certain C-5 aircraft in a storage condition that would allow a recall of retired aircraft to future service in the Air Force Reserve, Air National Guard, or Active Force structure.
(Sec. 133) Repeals the requirement for the Air Force to maintain F-117A aircraft in a condition that would allow recall of the aircraft to future service.
(Sec. 134) Prohibits the Air Force from using FY2017 funds to retire the A-10 Aircraft and requires the Air Force to maintain a minimum of 171 A-10 aircraft designated as primary mission aircraft inventory.
Prohibits the Air Force from significantly reducing the manning levels for any A-10 aircraft squadron or division until the Director of Operational Test and Evaluation and the Secretary of the Air Force submit to Congress reports on the initial operational test and evaluation of the F-35 aircraft program, as well as the comparison test and evaluation that examines the capabilities of the F-35A and A-10C.
(Sec. 135) Limits the availability of funds for scrapping, destroying, or otherwise disposing of any A-10 aircraft in any storage status in the Aerospace Maintenance and Regeneration Group (AMARG) that have serviceable wings or other components that could be used to prevent total active inventory A-10 aircraft from being permanently removed from flyable status due to unserviceable wings or other components.
Requires the Air Force to: (1) notify Congress in advance of any action to scrap, destroy, or otherwise dispose of any A-10 aircraft in any storage status at AMARG, and (2) to submit with the FY2018 DOD budget and implement a plan to prevent any total active inventory A-10 aircraft from being permanently removed from flyable status for unserviceable wings or any other required component over the course of the future years defense plan.
(Sec. 136) Prohibits the retirement of Joint Surveillance Target Attack Radar System aircraft in FY2018, except for aircraft that the Air Force determines to be non-operational because of mishaps, other damage, or being uneconomical to repair.
(Sec. 137) Strikes the requirement for DOD to report annually to Congress on aircraft inventory.
Subtitle E--Defense-Wide, Joint and Multiservice Matters
(Sec. 141) Requires DOD, if the Army and the Marine Corps are each using different variants of 5.56mm rifle ammunition, to: (1) submit to Congress a report explaining the reasons for using different variants of the ammunition; and (2) ensure that, within one year of enactment of this bill, that the Army and the Marine Corps are using the same variant of the ammunition. Includes an exception for a state of emergency that requires the Army and the Marine Corps to use different variants of the ammunition.
(Sec. 142) Requires the Army and the Navy to issue guidance regarding fire suppressant and fuel containment standards for certain vehicles.
(Sec. 143) Limits the funds available for the destruction of cluster munitions until DOD submits a report on its policy and plan for cluster munitions. Includes an exception for the destruction of cluster munitions that: (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.
(Sec. 144) Requires DOD to submit to Congress a report on the munitions strategy for the combatant commands for the six-year period beginning on January 1, 2017.
(Sec. 145) Changes from quarterly to annually the requirement for the commander of U.S. Special Operations Command to submit a report on the use of Combat Mission Requirements funds.
(Sec. 146) Requires DOD to submit to Congress a report on potential alternative management structures for the F-35 joint strike fighter program.
(Sec. 147) Requires the Government Accountability Office (GAO) to report on the sustainment support structure for the F-35 Lightning II aircraft program.
(Sec. 148) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to brief Congress on the acquisition strategy for the Ground Mobility Vehicle for use with the Global Response Force of the 82nd Airborne Division.
(Sec. 149) Requires DOD to study and report to Congress on the optimal mix of aircraft capabilities for the Armed Forces.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
(Sec. 201) Authorizes appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4201 of this bill.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) Requires DOD to establish a Laboratory Quality Enhancement Program, under which panels will:
review and make recommendations with respect to: (1) existing policies and practices affecting the science and technology reinvention laboratories to improve the research output of the laboratories and (2) new initiatives proposed by the science and technology reinvention laboratories; support implementation of initiatives affecting the science and technology reinvention laboratories; and conduct assessments or data analysis on other issues as the Secretary determines to be appropriate. (Sec. 212) Modifies the authority for defense laboratories to use funds for research and development of technologies for military missions. Sets the level of funding at between 2% and 4% of the funds available to the defense laboratory and eliminates the termination date for the authority. Authorizes defense laboratories to charge customer activities a fixed percentage fee of up to 4% of costs, in addition to normal costs of performance.
(Sec. 213) Permanently extends the authorization for the defense research and development Rapid Innovation Program, which accelerates the fielding of innovative technologies.
(Sec. 214) Authorizes the Defense Acquisition University and the National Defense University to enter into cooperative research and development agreements with universities, not-for-profit institutions, and other entities to support their designated missions.
(Sec. 215) Establishes the Manufacturing Education Engineering Education Program for DOD to provide grants to industry, not-for-profit institutions, institutions of higher education, or to consortia of such institutions or industry to support: (1) the enhancement of existing programs in manufacturing engineering education to further a mission of the department, or (2) the establishment of new programs in manufacturing engineering education that meet such requirements.
(Sec. 216) Requires the Navy to notify Congress before initiating certain rapid prototyping, experimentation, or demonstration activities.
(Sec. 217) Increases the micro-purchase threshold for research programs and entities throughout the government from $3,000 to $10,000.
(Sec. 218) Directs DOD to: (1) implement a quality assurance and quality control program for any facility producing biological select agents and toxins, and (2) report to Congress on the potential consolidation of facilities that work with biological select agents and toxins.
Requires the GAO to report on DOD's: (1) progress in carrying out the quality assurance and quality control program, and (2) actions to address the findings and recommendations of the Army report titled "Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds."
(Sec. 219) Requires the Secretary of Defense to designate a senior DOD official as the official with principal responsibility for the development and demonstration of directed energy weapons and sets forth the responsibilities of the official for the programs.
(Sec. 220) Requires the Army to restructure versions of the distributed common ground system (DCGS) after Increment 1 by: (1) 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 for which there is commercial, open source, or government off the shelf software that is capable of fulfilling at least 80% of the system requirements; and (2) reviewing the acquisition strategy to ensure commercial software procurement is the preferred method for meeting program requirements.
Prohibits the Army from awarding any contract for the development of new component software capability for the DCGS if the 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.
Requires the Under Secretary of Defense for Acquisition, Technology and Logistics to report to Congress on the Increment 2 of the DCGS.
(Sec. 221) Limits the use of funds for the countering weapons of mass destruction situational awareness information system commonly known as "Constellation" until DOD provides an independent review and assessment of the requirements and implementation plan for the system.
(Sec. 222) Limits the availability of funds for the Defense Innovation Unit Experimental (DIUx) until DOD submits a specified report to Congress on the DIUx.
(Sec. 223) Prohibits funds from being used for the Air Force's Joint Surveillance Target Attack Radar System recapitalization program unless the contract for engineering and manufacturing development uses a firm fixed-price contract structure, subject to a waiver for national security.
(Sec. 224) Prohibits DOD from awarding any follow-on modernization development contracts for the F-35 Joint Strike Fighter until DOD submits to Congress a report that contains the basic elements of an acquisition program baseline for Block 4 Modernization. Requires the GAO to review the report.
Subtitle C--Reports and Other Matters
(Sec. 231) Requires DOD to develop a strategy to ensure that it has assured access to trusted microelectronics by September 30, 2019.
(Sec. 232) Requires the Defense Information Systems Agency to establish a pilot program to evaluate commercially available information technology tools to better understand the potential impact of the tools on DOD networks and computing environments.
(Sec. 233) Establishes a pilot program to permit research and development laboratories, test and evaluation centers, and the Defense Advanced Research Projects Agency to temporarily waive any regulation, restriction, requirement, guidance, policy, procedure, or departmental instruction that would affect value and efficiencies in research and development activities, the efficiency and effectiveness of operations, and the rapid deployment of warfighter capabilities.
(Sec. 234) Permits DOD to carry out a pilot program on the modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare systems. Authorizes appropriated electromagnetic spectrum warfare and electronic warfare funds to be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities.
(Sec. 235) Establishes a pilot program on: (1) permitting DOD to provide defense contractors performing under a DOD federally-funded research and development center contract with access to sensitive information necessary to carry out their assigned functions and duties, and (2) appropriately protecting proprietary information from unauthorized disclosure or use by such centers.
(Sec. 236) Authorizes DOD to 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 DOD.
(Sec. 237) Requires the Navy to establish an independent review team to review the Navy's data on, and mitigation efforts related to, the increase in F/A-18 physiological events since January 1, 2009.
(Sec. 238) Requires DOD to submit to Congress and the GAO specified program accountability matrices for the B-21 bomber aircraft program.
(Sec. 239) Requires DOD to 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.
(Sec. 240) Requires the Under Secretary of Defense for Acquisition, Technology and Logistics, acting through the Electronic Warfare Executive Committee, to submit to Congress a strategy on DOD's electronic and electromagnetic spectrum warfare capabilities.
(Sec. 241) Expresses the sense of the Congress on the development and fielding of fifth generation airborne capabilities.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
(Sec. 301) Authorizes appropriations for Operation and Maintenance activities at the levels identified in section 4301 of this bill.
Subtitle B--Energy and Environment
(Sec. 311) Modifies the requirements for DOD's annual report related to installations energy management.
(Sec. 312) Permits DOD to waive provisions of the Energy Independence and Security Act of 2007 regarding the lifecycle greenhouse gas emissions associated with alternative fuels procured by DOD if the waiver is in the national security interests of the United States.
(Sec. 313) Permits DOD to carry out a pilot program to investigate the utilization of utility data management services to perform utility bill aggregation, analysis, third-party payment, storage, and distribution. Specifies a funding cap for the program.
(Sec. 314) Authorizes the Army, in carrying out the disposal of munitions in the stockpile of conventional ammunition awaiting demilitarization and disposal (commonly referred to as munitions in the "B5A account") to 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) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to report to Congress on efforts to achieve cost savings at military installations with high levels of energy intensity.
(Sec. 316) Expresses the sense of Congress on DOD funding decisions relating to climate change.
Subtitle C--Logistics and Sustainment
(Sec. 321) Revises the Army's deployability rating system and the manner in which the Army is required to track prioritization of deployable units. Requires the Army to maintain: (1) a system for identifying the priority of deployment for units of all components of the Army, and (2) a readiness rating system for units of all components of the Army that provides an accurate assessment of the deployability of a unit and the shortfalls of a unit that require the provision of additional resources.
(Sec. 322) Requires the Undersecretary of Defense for Acquisition, Technology, and Logistics, in coordination with the Director of Corrosion Policy and Oversight, to revise the corrosion-related guidance to clearly define specific roles of the corrosion control and prevention executives of the military departments.
(Sec. 323) Authorizes a five-year pilot program to permit government-owned, contractor-operated industrial plants to participate in the Armament Retooling and Manufacturing Support (ARMS) Initiative. (The ARMS Initiative was created to allow the Army to rent portions of its ammunition plants that are not being used in production to commercial companies.)
(Sec. 324) Permits DOD to transfer specified funds to the Navy for the repair, recapitalization, and certification of dry docks at government-owned, government-operated shipyards of the Navy.
(Sec. 325) Requires the Navy to submit to Congress quarterly assessments of Naval ship maintenance and loading activities carried out by private sector entities at specified ports.
(Sec. 326) Require the Secretary of the Army to submit to Congress a strategy to revitalize the organic industrial base of the Army. (The term "organic industrial base" refers to U.S. 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.)
(Sec. 331) Modifies requirements for the Quarterly Readiness Report to Congress.
(Sec. 332) Requires the GAO to report to Congress on the travel expenses of members of the reserve components.
(Sec. 333) Requires DOD to submit to Congress a plan to modernize, sustain training, and provide depot maintenance for all components of the HH-60 helicopter fleet until total force combat rescue units have been fully equipped with HH-60W Combat Rescue Helicopters.
Subtitle E--Other Matters
(Sec. 341) Expands notice requirements for structures interfering with air commerce, to direct the Department of Transportation (DOT) to: (1) require a person to give adequate public notice of the construction, alteration, establishment, or expansion of a structure or sanitary landfill if the notice will promote the interests of national security as determined by DOD; and (2) include national security interests in conducting certain required aeronautical studies and reports.
Requires DOT to review flight path changes at civilian airports to determine if recent adjustments have had an impact on local communities.
(Sec. 342) Requires all new contracts involving tactical explosive detection dogs to include a provision that would transfer the dogs to the 341st Training Squadron after the end of their useful service life and reclassify them as military animals for the purpose of adoption procedures required under current law.
(Sec. 343) Requires DOD to develop a plan to establish an explosive ordnance disposal program within DOD to ensure close and continuous coordination among the military departments on matters relating to explosive ordnance disposal.
(Sec. 344) Requires DOD to implement a formal process to provide federal agencies outside DOD with information on the availability of surplus, serviceable ammunition from DOD for the purpose of reducing costs relating to the storage and disposal of the ammunition.
(Sec. 345) Directs DOD to remove and replace window coverings with accessible cords from military housing units in which children under the age of nine reside. Requires future contracts for the acquisition or construction of military family housing to prohibit the use of window coverings with accessible cords in the housing,
(Sec. 346) Requires DOD to establish policies under which drivers employed by commercial transportation companies may be authorized to access military installations to serve base personnel.
(Sec. 347) Authorizes DOD to enter into contracts with third-party vendors to provide certain members of the Armed Forces deployed overseas with free access to wireless high-speed Internet and network connections.
(Sec. 348) Limits the availability of funds for the Office of the Under Secretary of Defense for Intelligence until DOD establishes and implements a process for members of the Armed Forces to carry appropriate firearms on military installations.
(Sec. 349) Prohibits funds from being used for the development or fielding of new camouflage uniforms, new utility uniforms, or new families of uniforms until one year after DOD notifies Congress of the proposed development or fielding.
(Sec. 350) Directs the Air Force to submit to Congress a plan for an improved dedicated adversary air training enterprise.
(Sec. 351) Requires the Air Force to commission an independent review and assessment of: (1) the assumptions underlying the Air Force's annual continuation training requirements and (2) the overall effectiveness of the Ready Aircrew Program of the Air Force in managing aircrew training requirements. Requires the GAO to review the assessment.
(Sec. 352) Requires DOD to 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 DOD.
(Sec. 353) Requires DOD to evaluate the need for proven safety technology in vehicles transporting Transportation Protective Services shipments, such as electronic logging devices, roll stability control, forward collision avoidance, lane departure warning systems, and speed limiters.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
(Sec. 401) Authorizes specified end strengths for Active Duty personnel of the Armed Forces.
(Sec. 402) Establishes new minimum Active Duty end strengths for the Army, Navy, Marine Corps, and Air Force.
Subtitle B--Reserve Forces
(Sec. 411) Authorizes specified end strengths for Selected Reserve personnel.
(Sec. 412) Authorizes specified end strengths for Reserves on Active Duty in support of the Reserves.
(Sec. 413) Authorizes specified end strengths for military technicians (dual status).
(Sec. 414) Establishes the maximum end strengths for the Reserve Components of the Army and Air Force for non-dual status technicians.
(Sec. 415) Authorizes the maximum number of Reserve Component personnel who may be on Active Duty or full-time National Guard duty during FY2017 to provide operational support.
(Sec. 416) Makes technical corrections to the annual authorization of personnel strengths.
Subtitle C--Authorization of Appropriations
(Sec. 421) Authorizes appropriations for Military Personnel at the levels identified in section 4401 of this bill.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
(Sec. 501) Establishes the authorized distribution and strength of general and flag officers for the Army, Navy, Marine Corps, and Air Force after December 31, 2022. Requires a specified reduction in the number of general and flag officers in the military departments. Establishes reporting requirements for implementing the reduction and distribution.
(Sec. 502) Repeals or amends various provisions that specify a general or flag office grade for certain positions in the Armed Forces.
(Sec. 503) Authorizes adjustments to the number and distribution of Marine Corps general officers, including: the distribution of commissioned officers on active duty in general officer and flag officer grades, general and flag officers on active duty, and deputy commandants.
(Sec. 504) Specifies that the period for promotion eligibility of an officer does not expire during the period when the Senate is unable to obtain information necessary to give its advice and consent to the appointment concerned because the information is under control of a department or agency of the federal government other than DOD.
(Sec. 505) Authorizes service secretaries to allow officers in a grade above O-4 who are serving in military occupational specialties designated by the secretary to remain on Active Duty for up to 40 years of active service.
(Sec. 506) Authorizes the secretaries of the military departments to convene boards to consider officers for involuntary separation below the grade of lieutenant colonel or commander as a single, consolidated year group without distinctions based on retirement eligibility. Aligns separation boards for the officers with the practices for promotion selection boards.
(Sec. 507) Permits the Secretary of Defense or the Secretary of Homeland Security (the department in which the Coast Guard is operating) to drop from the rolls of the Armed Forces a commissioned officer who:
has been absent without authority for at least three months, may be separated by reason of a sentence to confinement adjudged by a court-martial, or is sentenced to confinement in a federal or state penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final. (Sec. 508) Extends force management authorities related to personnel management, including:
temporary early retirement authority; the authority for service secretaries to manage authorized officer personnel strength by shortening the period of continuation of service by officers on Active Duty, authorizing involuntary early retirement for certain officers on Active Duty, and considering officers for involuntary discharge who are not eligible for retirement; the authority to provide voluntary separation pay and benefits; and the authority for early retirement for up to 4% of the authorized Active-Duty strength of officers in the grades of O-5 and O-6 without reduction in grade, in each fiscal year. (Sec. 509) Authorizes the military departments to carry out a pilot program to improve the ability of the Armed Forces to recruit cyber professionals. Authorizes the military departments, under the program, to allow individuals who meet educational, physical, and other requirements to receive original appointments as commissioned officers in a cyber specialty.
(Sec. 510) Modifies the qualifying period for joint duty assignments from three years to not less than two years. Repeals the average tour length requirement and the authority for shorter tour lengths for officers initially assigned to critical occupational specialties.
(Sec. 510A) Revises the definitions used for joint officer management. Repeals the definition of "critical occupational specialty."
Subtitle B--Reserve Component Management
(Sec. 511) Authorizes the Secretary of Defense to extend the term of office of the Vice Chief of the National Guard Bureau for up to 90 days.
(Sec. 512) Amends provisions related to the employment rights and protections of military technicians.
(Sec. 513) Specifies that laws providing military leave to individuals appointed to the civil service do not apply to National Guard technicians performing Active Guard and Reserve duty.
(Sec. 514) Amends the National Defense Authorization Act for Fiscal Year 2014 to extend for three years authorities for the transfer of officers between the Active and Inactive National Guard.
(Sec. 515) Amends the National Defense Authorization Act for Fiscal Year 2016 to extend the authority for the Air Force to use Active Guard and Reserve personnel and dual status military technicians to provide training and instruction regarding pilot training.
(Sec. 516) Requires at least one deputy commander of the combatant command of the geographic area of responsibility which includes the United States be a member of a reserve component of the Armed Forces, unless a reserve component officer is serving as commander of that combatant command.
Subtitle C--General Service Authorities
(Sec. 521) Authorizes specified uncharged leave for servicemembers who are the primary or secondary caregiver for the birth or adoption of a child. Specifies requirements for DOD regulations implementing this section. Prohibits leave from being authorized unless it is expressly permitted by law.
(Sec. 522) Changes the location in the U.S. Code of provisions that authorize the reimbursement of members of the Armed Force for expenses incurred in connection with leave cancelled due to contingency operations.
(Sec. 523) Permits notaries to execute military testamentary instruments. Extends federal notary powers to civilian paralegals working within military legal assistance offices.
(Sec. 524) Requires the military departments to ensure that members with post-traumatic stress disorder or traumatic brain injury in connection with sexual assault receive a medical examination prior to administrative separation.
(Sec. 525) Reduces from five to three years the maximum tenure for servicemembers placed on the Temporary Disability Retired List due to an injury or illness eligible for disability retirement.
(Sec. 526) Makes technical corrections to provisions regarding voluntary separation pay and benefits.
(Sec. 527) Requires all marketing functions of the Regular Army, Army Reserve, and Army National Guard to be consolidated within the Army Marketing Research Group.
Requires the Army to carry out a pilot program to consolidate the recruiting efforts of the Army, Army Reserve, and Army National Guard under which a recruiter in one of the components may recruit individuals to enlist in any of the components and receive credit toward enlistment goals for each enlistment regardless of the component in which the individual enlists.
Subtitle D--Member Whistleblower Protections and Correction of Military Records
(Sec. 531) Expands the types of adverse personnel actions prohibited under the military whistle-blower protection program to include retaliatory investigations and failures of superiors to respond to retaliatory actions in certain circumstances, as prohibited personnel actions that are reviewable.
Requires inspectors general to notify the secretary concerned if, during the IG's preliminary investigation, the IG determined there were reasonable grounds to believe that a prohibited personnel action occurred, and that the action would result in an immediate hardship to the servicemember. Authorizes the secretary concerned to take action, as appropriate, in such cases.
Requires an IG to provide periodic updates to whistle-blowers on the progress of investigations. Requires the DOD IG to prescribe uniform standards for the conduct of military whistle-blower investigations and for the training of staff conducting investigations.
(Sec. 532) Specifies that a secretary of a military department who receives an IG report substantiating that a prohibited personnel action occurred may consider whether to take corrective action, but may not make a determination that a prohibited personnel action did not occur.
(Sec. 533) Requires the military department concerned or the Department of Homeland Security (DHS) to make available on a public website information regarding claims considered quarterly by: (1) boards for correction of military records, and (2) service discharge review boards.
(Sec. 534) Requires boards for correction of military records (BCMRs) to:
notify claimants of the specific information or documents needed to make their claim reviewable, make reasonable efforts to obtain missing records when they cannot be obtained by a claimant, consider any request for reconsideration of a determination of a BCMR when new information is provided by a claimant that was not previously considered, and publish final decisions with personally identifiable information redacted. Requires DOD to develop and report to Congress on a comprehensive training curriculum for members of BCMRs.
(Sec. 535) Specifies requirements for the review by a discharge review board of certain claims by former members asserting post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) in connection with combat or sexual trauma as a basis for review of discharge.
Requires the board, in considering the claims, to: (1) review medical evidence of the VA or a civilian health care provider that is presented by the former member, and (2) to review the case with liberal consideration to the former member that PTSD or TBI potentially contributed to the circumstances resulting in the discharge of a lesser characterization.
(Sec. 536) Requires the GAO to review the integrity of the DOD whistle-blower program.
Subtitle E--Military Justice and Legal Assistance Matters
(Sec. 541) Modifies the terms of two civilian judges of the U.S. Court of Appeals for the Armed Forces and the daily rate of compensation for senior judges performing judicial duties with the court. Authorizes judges of the court to administer oaths in a similar manner as other federal judges. Repeals a provision that precludes more than three judges of the court from being from the same political party.
(Sec. 542) Requires the services secretaries to: (1) establish professional developmental programs to ensure effective prosecution and defense in all courts-martial, (2) establish and use a system of military justice experience designators or skill identifiers, and (3) carry out a pilot program to assess the feasibility and advisability of establishing a deliberate professional development process for judge advocates that leads to military justice practitioners capable of prosecuting and defending complex cases in military courts-martial.
(Sec. 543) Requires the annual report on sexual assault and response efforts to include information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces.
(Sec. 544) Extends the requirement for the annual report of the Sexual Assault Prevention and Response Office and requires the release to coincide with the release of the Family Advocacy Program Report.
(Sec. 545) Requires the DOD Sexual Assault Prevention and Response Office to establish and issue to the military departments: (1) 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, and (2) best practices to be used in the prevention of and response to retaliation in connection with the reports.
(Sec. 546) Requires DOD to ensure that individuals 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.
(Sec. 547) Requires the results of an investigation by DOD or the Armed Forces of a complaint by a member of the Armed Forces of retaliation to be reported in writing to the member.
(Sec. 548) Modifies the definition of sexual harassment for the purposes of investigations of complaints of harassment by commanding officers.
(Sec. 549) Requires DOD to establish a comprehensive and consistent data collection system for reports related to hazing in the Armed Forces. Requires the Secretary of each military department to improve training to better recognize, prevent, and respond to hazing.
Subtitle F--National Commission on Military, National, and Public Service
(Sec. 551) Specifies that the purpose of this subtitle is to establish a National Commission on Military, National, and Public Service to: (1) review 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. Specifies requirements for the scope of the review.
(Sec. 552) Requires: (1) DOD to report to Congress and the commission on the current and future need for a centralized registration system under the Military Selective Service Act, and (2) the GAO to review of the procedures used by DOD in evaluating selective service requirements.
(Sec. 553) Establishes the National Commission on Military, National, and Public Service as an independent commission in the executive branch. Specifies requirements and procedures for the appointment of members, composition of the commission, pay rates for members and staff, and other authorities related to the operations of the commission.
(Sec. 554) Specifies requirements for commission hearings and meetings. Requires hearings on recommendations to be open to the public, unless classified information is being considered.
(Sec. 555) Requires the commission to: (1) conduct a review of the military selective service process; (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; and (3) develop recommendations on the matters subject to its review that are consistent with principles submitted by the President.
Requires the President to establish and transmit to the commission and Congress principles for reform of the military selective service process. Requires certain cabinet officials and other officials or experts to 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.
Requires the commission to submit to Congress and the President a report containing the findings, conclusions, and recommendations of the commission, including legislative language and recommendations for administrative action to implement the recommendations of the Commission.
(Sec. 556) Authorizes the commission to appoint, and fix the rate of pay of, an Executive Director and staff. Limits detailees from the Executive Branch and performance reviews for staff of the commission.
(Sec. 557) Requires the commission to be terminated no later than 36 months after the establishment date.
Subtitle G--Member Education, Training, Resilience, and Transition
(Sec. 561) Includes within the program to assist members in obtaining professional credentials those credentials that were acquired during military service, but which were not necessarily obtained incident to the performance of their military duties. Replaces the requirement that credentialing programs be accredited by third party accreditation bodies with a requirement that credentialing programs meet specified quality assurance benchmarks.
(Sec. 562) Requires the preseparation counseling provided to members of the Armed Forces being discharged to include information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse.
(Sec. 563) Requires the Department of Labor to include in the Transition Assistance Program information regarding the deduction of disability compensation paid by the Department of Veterans Affairs by reason of voluntary separation pay received by the member.
(Sec. 564) Requires the Transition Assistance Program to provide information on career opportunities for employment available to members with transportation security cards.
(Sec. 565) Extends through FY2018 the DOD Suicide Prevention and Resilience Program.
(Sec. 566) Requires congressional notification in advance of appointments to service academies.
(Sec. 567) Requires the Under Secretary of Defense for Personnel and Readiness to submit to Congress 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 for members of the Armed Forces who are being separated.
(Sec. 568) Requires DOD and DHS to jointly report on the steps the departments have taken to: (1) maximize the extent to which Armed Forces service, training, and qualifications are creditable towards U.S. merchant mariner licenses and certifications; and (2) to promote awareness among Armed Forces personnel serving in vessel operating positions of the requirements for post-service use of training, education, and practical experience from service in the Armed Forces in satisfying requirements for merchant mariner licenses and certifications.
Subtitle H--Defense Dependents' Education and Military Family Readiness Matters
(Sec. 571) Authorizes appropriations to continue assistance to local educational agencies that benefit dependents of members of the Armed Forces and DOD civilian employees, including: (1) assistance to schools with significant numbers of military dependents, and (2) impact aid for children with severe disabilities.
(Sec. 572) Extends the authorities for support related to the transition of military dependent students to local educational agencies. Specifies details that must be included in budget justifications regarding future requests for extensions.
(Sec. 573) Requires the secretaries of the military departments to notify service members with dependents annually, and prior to deployment, of the child custody protections guaranteed under the Servicemembers Civil Relief Act.
(Sec. 574) Requires DOD to submit to Congress annually a report including the child abuse and domestic abuse incident data contained in the Family Advocacy Program central registry for the previous year and an analysis of the effectiveness of the Family Advocacy Program.
(Sec. 575) Requires DOD and DHS to prescribe regulations to ensure that the family advocacy program office at a military installation to which a member of the Armed Forces is assigned is provided an immediate report of credible information obtained by any individual in the chain of command of the servicemember, that a child in the family or home of the servicemember has suffered an incident of child abuse. Amends the Victims of Child Abuse Act of 1990 to require a similar report by any member of the Armed Forces in specified professions who has reason to suspect that a child in the family or home of a servicemember has suffered an incident of child abuse.
(Sec. 576) Repeals the Advisory Council on Dependents' Education.
(Sec. 577) Authorizes DOD to provide support to nonprofit organizations that carry out camp or camp-like programs for 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.
(Sec. 578) Requires the GAO to assess the effectiveness of each Exceptional Family Member Program of the Armed Forces.
(Sec. 579) Specifies requirements for applying the amendments made by the Every Student Succeeds Act with respect to Impact Aid payments for federally connected children in FY2016, FY2017, and each succeeding year. Authorizes a provision that counts all military-connected students living in military housing equally to take effect immediately.
Amends the Elementary and Secondary Education Act of 1965 to: (1) make a technical correction to prevent some local school districts whose boundaries are within the perimeter of military installations from being disqualified from the Impact Aid heavily impacted program, (2) provide additional time to collect data on the effects of the program, and (3) modify eligibility criteria.
Subtitle I--Decorations and Awards
(Sec. 581) Posthumously advances Colonel George E. ''Bud'' Day, U.S. Air Force, to the rank of brigadier general on the retired list of the U.S. Air Force.
(Sec. 582) Waives the statutory time limitation to permit the President to award specified medals 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.
(Sec. 583) Waives the statutory time limitation to allow the President to award the Medal of Honor to Gary M. Rose and James C. McCloughan for acts of valor during the Vietnam War.
(Sec. 584) Waives the statutory time limitation to allow the Secretary of the Army to award the Distinguished Service Cross to First Lieutenant Melvin M. Spruiell, for acts of valor while serving in the Army during World War II.
(Sec. 585) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of valor while interned as a prisoner of war by Japan during World War II.
(Sec. 586) Requires the Secretaries of the military departments to review the service records of certain Asian American and Native American Pacific Islander war veterans previously awarded the Distinguished Service Cross, the Navy Cross, and the Air Force Cross during the Korean War or the Vietnam War to determine whether a Medal of Honor should be awarded. Waives the statutory time limitations if the Secretary determines that a Medal of Honor should be awarded.
Subtitle J--Miscellaneous Reports and Other Matters
(Sec. 591) Repeals the requirement for the chaplain at the U.S. Air Force Academy to be appointed by the President.
(Sec. 592) Extends the limitation on reducing the number of military and civilian personnel assigned to duty with the service review agencies.
(Sec. 593) Requires the Army and the Marine Corps to report to Congress on the progress of integrating women into military occupational specialties and units recently opened to women.
(Sec. 594) Requires DOD to submit to Congress a report on the feasibility 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.
(Sec. 595) Requires the Navy and the Air Force to report to Congress on the feasibility and advisability of the discharge by warrant officers of pilot and other flight officer positions in the Armed Forces that are currently discharged by commissioned officers.
(Sec. 596) Requires each military department to review: (1) the current body mass index test procedure used by each Armed Force, and (2) other methods to measure body fat with a more holistic health and wellness approach.
(Sec. 597) Requires DOD to report to Congress on the career progression track for entry level and laterally moved female service members in combat arms units.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
(Sec. 601) Authorizes a pay raise of 2.1% for all members of the uniformed services effective January 1, 2017.
(Sec. 602) Requires DOD to ensure that pay tables of basic pay for members of the uniformed services reflect the operation of the pay cap required under current law.
(Sec. 603) Extends the authority of DOD to temporarily increase the rate of the basic allowance for housing (BAH) in areas impacted by natural disasters or experiencing a sudden influx of personnel.
(Sec. 604) Requires DOD to submit to Congress specified reports on a new single-salary pay structure for members of the Armed Forces, which assumes 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.
Subtitle B--Bonuses and Special and Incentive Pays
(Sec. 611) Extends certain bonus and special pay authorities for Reserve Forces.
(Sec. 612) Extends certain bonus and special pay authorities for health care professionals.
(Sec. 613) Extends certain bonus and special pay authorities for nuclear officers.
(Sec. 614) Extends specified special pay, incentive pay, and bonus authorities.
(Sec. 615) Extends specified bonus and special pay authorities.
(Sec. 616) Authorizes a maximum aviation bonus of $35,000 for each 12-month period of obligated service, and requires the appropriate Service Secretary to include specified details regarding the bonuses in budget justification documents.
(Sec. 617) Conforms the consolidated bonus amount to the current authorized amount of $20,000.
(Sec. 618) Makes technical and clerical amendments related to the 2008 consolidation of certain special pay authorities.
Subtitle C--Travel and Transportation Allowances
(Sec. 621) Authorizes DOD, on a case-by-case basis, to reimburse travel expenses at a higher amount for 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) Specifies the election period for cadets and midshipmen at the service academies to opt-in to the new military retirement system. Specifies the timing of elections for reservists who are on Inactive Duty during the election period otherwise provided for under the new retirement system.
(Sec. 632) Makes a technical correction for the new military retirement plan related to defining separation from service under the Thrift Savings Plan.
(Sec. 633) Permits DOD to pay continuation pay to full Thrift Savings Plan Members at any point between the time the member completes 8 years of service and before the member reaches 12 years of service, in exchange for an agreement to continue serving for a period of not less than 3 additional years.
(Sec. 634) Makes a technical and conforming amendment to the Combat-Related Special Compensation calculation to bring the authority in line with the new military retirement system.
Part II--Other Matters
(Sec. 641) Modifies the division of military retired pay in a divorce decree to use the member's pay grade and years of service at the time of the divorce, adjusted by the annual retired pay cost-of-living adjustments between the date of the divorce decree and the date of retirement. (Under current law, the final retirement pay grade and years of service is used.)
(Sec. 642) Provides equal benefits under the Survivor Benefit Plan for members of the Reserve Component who die from an injury or illness incurred or aggravated in the line of duty during Inactive-Duty training and members of the Armed Forces who die in the line of duty while on Active Duty.
(Sec. 643) Authorizes the deduction of Survivor Benefit Plan premiums from monthly combat-related special compensation when retired pay is insufficient to cover the premiums.
(Sec. 644) Expands the areas eligible for the allowance for covering monthly premiums for the Servicemembers' Group Life Insurance to include any designated combat zone or an area directly supporting a designated combat zone.
(Sec. 645) Authorizes payment of certain pay and allowances of a servicemember or retired servicemember to an individual to whom the member has granted authority to manage these funds pursuant to a valid and legally executed durable power of attorney.
(Sec. 646) Extends the Special Survivor Indemnity Allowance at $310 per month until May 31, 2018.
(Sec. 647) Repeals provisions related to an obsolete authority for combat-related injury rehabilitation pay.
(Sec. 648) Requires DOD to provide for an independent assessment of the Department of Defense Survivor Benefit Plan by a federally-funded research and development center.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations
(Sec. 661) Requires DOD to develop and implement a comprehensive strategy to optimize management practices across the defense commissary system and the exchange system that reduce reliance on appropriated funding without reducing benefits or the revenue generated by nonappropriated fund entities or instrumentalities of DOD for the morale, welfare, and recreation of members of the Armed Forces.
Requires DOD to ensure that savings generated due to the 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 the practices.
Authorizes DOD to establish a variable pricing program, under which prices may be established in response to market conditions and customer demand, subject to specified requirements.
(Sec. 662) Requires DOD to ensure that: (1) commissary stores accept the Military Star Card as payment, and (2) the Army and Air Force Exchange Service assumes any U.S. financial liability relating to the acceptance of the card. (The Military Star Card is a credit card administered under the Exchange Credit Program by the Army and Air Force Exchange Service.)
Subtitle F--Other Matters
(Sec. 671) Establishes a 10-year statute of limitations for DOD recovery of amounts owed to the United States by members of the uniformed services due to an overpayment of salaries and benefits or unpaid bills. Requires the Defense Finance and Accounting Service to quantify the lost revenue from this provision.
Directs DOD to review all bonus pays, special pays, student loan repayments, and similar special payments paid to members of the California National Guard between January 1, 2004, and December 31, 2015. Authorizes the Secretary concerned to waive collection of overpayments or to repay previously recouped payments that were unwarranted. Requires the Secretary concerned to notify consumer credit reporting agencies if the review determines that an indebtedness previously reported to the credit reporting agency was invalid.
(Sec. 672) Modifies the flat rate per diem requirements for DOD military and civilian personnel on long-term temporary duty assignments.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Reform of TRICARE and Military Health System
(Sec. 701) Requires DOD to establish TRICARE Select as a self-managed, preferred provider network option to replace TRICARE Standard and Extra. Establishes annual enrollment fees and fixed dollar copayments for Active Duty family members and retirees who join the Armed Services on or after January 1, 2018, and enroll in TRICARE Select or in TRICARE Prime (the managed care option). Authorizes DOD to establish an annual enrollment fee for TRICARE Select for beneficiaries who were in the Active Duty or retired categories prior to January 1, 2018.
Requires DOD to: (1) establish an open enrollment period, with a grace period during the first year of open enrollment, and to allow enrollment for qualifying events for annual participation in either TRICARE Prime or TRICARE Select; and (2) prescribe certain requirements for pre-authorization for referrals under TRICARE Prime.
Requires DOD to carry out a pilot program on the incorporation of 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.
(Sec. 702) Requires the Defense Health Agency (DHA) to be responsible for the administration of each military medical treatment facility, including:
budgetary matters, information technology, health care administration and management, administrative policy and procedure, military medical construction, any other matters the Secretary of Defense determines appropriate. Requires the commander of each military medical facility to be responsible for: (1) ensuring the readiness of the members of the Armed Forces and civilian employees at the facility, and (2) furnishing the health care and medical treatment provided at the facility.
Requires DOD to establish within the DHA a professional staff to carry out this section. Permits DOD to establish an Assistant Director for Health Care Administration within the DHA.
Specifies the roles and responsibilities of the Services' Surgeons General.
(Sec. 703) Establishes requirements for military medical treatment facilities in order to support medical readiness of the Armed Forces and the readiness of medical personnel. Specifies requirements for medical centers, hospitals, and ambulatory care centers.
Authorizes DOD to establish regional centers of excellence for the provision of military specialty care to covered beneficiaries at existing DOD major medical centers. Authorizes DOD to establish satellite centers to provide specialty care for post-traumatic stress and traumatic brain injury.
Requires DOD to submit to Congress: (1) a report updating the Military Health System Modernization Study to address the restructuring or realignment of military medical treatment facilities required by this bill, and (2) an implementation plan for restructuring or realigning the military medical treatment facilities.
(Sec. 704) Requires DOD to ensure that urgent care is available through 11:00 p.m. at military treatment facilities at locations that DOD determines to be appropriate. Requires that, if urgent care is unavailable at the military treatment facilities, access to urgent care through the TRICARE network providers must be available through 11:00 p.m. Eliminates the preauthorization requirement for urgent care.
Requires DOD to expand the primary care clinic hours at military treatment facilities during the week and on weekends beyond the standard business hours of the installation.
(Sec. 705) Requires DOD to develop and implement value-based incentive programs as a part of contracts awarded for the provision of health care services to covered beneficiaries under the TRICARE program.
Transfers contracting responsibility for the acquisition of managed care support contracts under the TRICARE program from the DHA to the Under Secretary of Defense for Acquisition, Technology, and Logistics.
Requires DOD to develop and implement a new acquisition strategy for managed care support contracts under the TRICARE program and to modify contracts existing prior to implementation of this strategy to ensure consistency with the strategy
(Sec. 706) Requires DOD to establish military-civilian integrated health delivery systems through partnerships with other health systems, including local or regional health systems in the private sector.
(Sec. 707) Requires DOD to submit to Congress an implementation plan to establish a Joint Trauma System within the DHA to improve trauma care for members of the Armed Forces and other individuals who are eligible to be treated for trauma at a military medical treatment facility.
(Sec. 708) Requires DOD to establish a Joint Trauma Education and Training Directorate to ensure that the traumatologists of the Armed Forces maintain readiness and are able to be rapidly deployed for future armed conflicts.
Authorizes DOD to enter into partnerships with civilian academic medical centers and large metropolitan teaching hospitals that have certain civilian trauma centers.
Requires DOD to establish a personnel management plan for specified wartime medical specialties.
(Sec. 709) Requires DOD to implement: (1) a standardized medical appointment scheduling system at military treatment facilities throughout the military health system to enable timely access to care for covered beneficiaries, and (2) standards for the productivity of health care providers at military treatment facilities.
Subtitle B--Other Health Care Benefits
(Sec. 711) Authorizes DOD to extend TRICARE program coverage for certain members of the National Guard and dependents performing certain disaster response duty if the period immediately follows a period of full-time National Guard duty. Requires DOD to charge a state or the District of Columbia for the costs of providing the extended coverage.
(Sec. 712) Requires DOD to study options for providing health care coverage that improves the continuity of health care provided to certain current and former members of the Selected Reserve.
Authorizes DOD to carry out a pilot program jointly with the Office of Personnel Management (OPM) to provide commercial health insurance coverage to eligible reserve component members who enroll for either individual, self plus one, or self and family coverage.
(Sec. 713) Authorizes DOD to sell hearing aids to dependents of retired members of the uniformed services.
(Sec. 714) Provides TRICARE program coverage for medically necessary food and vitamins for digestive disorders and inherited metabolic disorders.
(Sec. 715) Requires DOD to enter into an agreement with the OPM to offer eligible beneficiaries the opportunity to purchase dental and vision insurance currently available to federal employees.
(Sec. 716) Requires DOD to: (1) ensure that TRICARE reimbursement rates for providers of applied behavior analysis are not less than the rates that were in effect on March 31, 2016; and (2) conduct a specified analysis to set future reimbursement rates for providers of applied behavior analysis.
(Sec. 717) Authorizes a veteran or civilian to be evaluated and treated at a military treatment facility if: (1) the evaluation and treatment is necessary to maintain the medical readiness skills and competencies of health care providers at the facility; (2) health care providers at the facility have the competencies, skills and abilities to treat the individual; and (3) the facility has available space, equipment, and materials.
Requires: (1) the evaluation and treatment of covered beneficiaries at military treatment facilities to be prioritized ahead of the evaluation and treatment of veterans and civilians under this section., and (2) the facility to bill and to accept reimbursement from a civilian or a third-party payer on behalf of the individual for the costs of health care services provided to the individual.
Requires DOD to enter into a memorandum of understanding with the VA under which the VA would reimburse a military treatment facility for the costs of any health care services provided to individuals eligible for health care services from the VA.
(Sec. 718) Requires DOD to incorporate the use of telehealth services throughout the direct and purchased care components of the military health system. Requires DOD to: (1) establish standardized payment methods to reimburse health care providers for telehealth services provided to covered beneficiaries in the purchased care component of the TRICARE program, and (2) reduce or eliminate co-payments or cost-shares for covered beneficiaries for receipt of telehealth services.
(Sec. 719) Authorizes DOD to reimburse an entity carrying out a state vaccination program for the cost of providing vaccines to covered beneficiaries.
Subtitle C--Health Care Administration
(Sec. 721) Requires DOD to establish a process to define the military medical and dental personnel requirements necessary to meet operational medical force readiness requirements Authorizes DOD to convert certain military medical and dental positions to civilian positions if the positions are not necessary to meet operational medical force readiness requirements.
(Sec. 722) Requires DHS to make a prospective payment to DOD for treatment or care provided to members of the Coast Guard, former members of the Coast Guard, and their dependents at facilities under the jurisdiction of DOD except for any period during which the Coast Guard operates as a service in the Navy.
(Sec. 723) Removes the annual requirement for managed care support contractors to generate and mail an enrollment renewal letter to all beneficiaries enrolled in TRICARE Prime.
(Sec. 724) Authorizes the Uniformed Services University of the Health Sciences to grant certificates, certifications, and undergraduate degrees, in addition to advanced degrees.
(Sec. 725) Requires DOD to implement and the GAO to assess specified measures to maintain the critical wartime medical readiness skills and core competencies of health care providers within the Armed Forces.
(Sec. 726) Requires DOD to implement a program to establish best practices for the delivery of health care services for certain diseases or conditions at military medical treatment facilities and incorporate those best practices into the daily operations of the facilities to eliminate variability in health outcomes and to improve the quality of care.
(Sec. 727) Requires DOD to 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.
(Sec. 728) Requires DOD to adopt, to the extent appropriate, the core quality performance metrics agreed upon by the Core Quality Measures Collaborative (a collaborative group of federal agencies, health plans, national physician organizations, employers, and consumers) for use by the military health system and in contracts awarded to carry out the TRICARE program.
(Sec. 729) Requires DOD to establish a program to incentivize covered beneficiaries to participate in medical intervention programs, such as comprehensive disease management programs, that may include lowering TRICARE enrollment fees, copayments, and cost-share amounts for health care services during a particular year for covered beneficiaries with certain chronic diseases or conditions who met participation milestones in medical intervention programs.
Requires DOD to establish programs to incentivize lifestyle interventions and the maintenance of a healthy lifestyle for covered beneficiaries, through activities such as smoking cessation, exercise, and weight management.
(Sec. 730) Requires DOD to incorporate performance accountability measures into the annual performance reviews of certain leadership positions in the military health care system.
(Sec. 731) Requires DOD to establish an advisory committee for each military treatment facility.
Subtitle D--Reports and Other Matters
(Sec. 741) Extends the authority for the joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Requires DOD to submit to Congress a report on plans to implement all information technology capabilities required by the executive agreement entered into under the National Defense Authorization Act for FY2010 that remain unimplemented.
(Sec. 742) Requires DOD to conduct a pilot program on expanding the use of physician assistants specializing in psychiatric medicine at DOD medical facilities through the use of a psychiatry fellowship program for physician assistants.
(Sec. 743) Authorizes DOD to conduct a pilot program to evaluate whether, in carrying out the TRICARE pharmacy benefits program, extending additional discounts for prescription drugs filled at retail pharmacies will maintain or reduce prescription drug costs for DOD.
(Sec. 744) Requires DOD to carry out a pilot program for the display of wait times at urgent care clinics and pharmacies of military medical treatment facilities.
(Sec. 745) Requires DOD to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for the treatment of post-traumatic stress.
(Sec. 746) Requires DOD to conduct specified studies on preventing the diversion of opioid medications.
(Sec. 747) Requires DOD to integrate into the Health Related Behavior Survey of Active Duty Military Personnel questions designed to obtain information on the experiences of servicemembers with family planning services and counseling.
(Sec. 748) Requires DOD to assess 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 to health care benefits provided under the TRICARE program. Expands the authority of DOD to eliminate balance billing for families of members of the reserve components of the Armed Forces serving on Active Duty.
(Sec. 749) Requires DOD to establish and implement a process to provide oversight of the graduate medical education programs of the military departments to ensure that the 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.
(Sec. 750) Requires DOD to 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 the pilots.
(Sec. 751) Requires the GAO to submit to Congress a report assessing the delivery of health care in the military health system, with an emphasis on identifying potential waste and inefficiency.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy and Management
(Sec. 801) Modifies requirements that apply to rapid acquisition authorities.
(Sec. 802) Allows Principal Military Deputies to serve in an acting capacity if there is a vacancy in the position of the Service Acquisition Executive.
(Sec. 803) Requires DOD to review and, if necessary, revise Department of Defense Instruction 5000.74 and other guidance pertaining to the acquisition of services. Requires DOD to examine: (1) how the acquisition community should consider the changing nature of the technology and professional services markets; 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.
Requires DOD to issue guidance addressing the training and development of the DOD workforce engaged in the procurement of services, including those personnel not designated as members of the acquisition workforce.
(Sec. 804) Extends and modifies the authorization for the Defense Modernization Account. Modifies provisions regarding the funds available for the account, transfers, authorized uses of the funds, and the availability of funds by appropriation.
Subtitle B--Department of Defense Acquisition Agility
(Sec. 805) Requires all major defense acquisition programs (MDAPs) that receive Milestone A or Milestone B approval after January 1, 2019, to be designed and developed, to the maximum extent practicable, with a modular open system approach (MOSA) to enable incremental development and enhance competition, innovation, and interoperability.
Defines MOSA as an integrated business and technical strategy that:
employs a modular design with major system interfaces between a major system platform (such as a ground vehicle, ship, or aircraft) and its major system components (such as sensors or communication equipment) or between major system components and platforms; is subjected to verification to ensure major system interfaces comply with widely supported and consensus-based standards; 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: significant cost savings or avoidance, schedule reduction, opportunities for technical upgrades, increased interoperability, or other benefits; and complies with requirements for technical data rights. Requires MOSA to be addressed throughout the requirements development and acquisition processes for MDAPs.
(Sec. 806) Specifies requirements for defense budget materials related to advanced component development and prototype activities within the research, development, test, and evaluation budget.
Requires each of the military services to establish an oversight board or identify a similar group of existing senior advisors for managing prototype projects for weapon system components and other technologies and subsystems, including the use of funds for such projects.
Requires weapon system component or technology prototype projects to:
be completed within two years of initiation, be selected by the service acquisition executive using a merit-based selection process that identifies the most promising and cost-effective prototypes that address a high priority warfighter need and are expected to be successfully demonstrated in a relevant environment; be funded through contracts, cooperative agreements, or other transactions; comply with specified funding limitations, and develop a plan for transition into a fielded system or operational use. Requires a MDAP initiated after January 1, 2019, to include only technical development that the milestone decision authority for the program determines, with a high degree of confidence, would not delay the fielding target for the program.
Provides the military services with new funding and acquisition flexibility to experiment with, prototype, and rapidly deploy weapon system components and other technologies.
(Sec. 807) Requires DOD to assign program cost and fielding targets before funds are obligated for technology development, system development, or production of a MDAP. Specifies procedures and requirements for the establishment of the targets.
Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to conduct an independent technical risk assessment prior to program milestones decisions.
Specifies that the service acquisition executives are the milestone decision authorities for joint programs being initiated after October 1, 2019.
(Sec. 808) Requires the milestone decision authority for a MDAP to provide specified reports to Congress at each milestone decision point. Requires the reports to present key decision metrics, including the program's cost and fielding targets, cost and schedule estimates, and evaluations of technical risks.
(Sec. 809) Specifies the technical data rights provided to the U.S. government in various types of interfaces.
Authorizes DOD to negotiate for rights other than government purpose rights for technical data relating to major system interfaces if it would be in the best interest of the United States.
Requires DOD to identify major system interfaces in contract solicitations and contracts. Specifies that, for major system interfaces developed exclusively at private expense, DOD must negotiate with the developer appropriate compensation for the technical data.
Specifies the U.S. government's rights to technical data pertaining to privately funded general interfaces necessary for the segregation and reintegration of an item or process.
Extends the duration of the government-industry advisory panel established by the National Defense Authorization Act for Fiscal Year 2016 and requires the advisory panel to consider the technical data rights necessary to support the modular open system approach (MOSA) required elsewhere in this bill.
Limits deferred ordering of technical data to six years after delivery of the last item on a contract and to technical data generated, not utilized, in the performance of the contract.
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
(Sec. 811) Amends the restrictions on undefinitized contractual actions (UCAs) to: (1) require a written determination by senior officials to extend a UCA beyond 90 days, (2) and extend the 180 day definitization requirement to contracts in support of Foreign Military Sales cases.
Specifies that, if a contractor submits a qualifying proposal to definitize an undefinitized contractual action and the contracting officer definitizes the contract after the end of the 180-day period, the agency concerned must ensure that the profit allowed on the contract accurately reflects the cost risk of the contractor as the risk existed on the date the contractor submitted the qualifying proposal.
(Sec. 812) Revises requirements related to inventory and tracking of purchases for services.
(Sec. 813) Specifies that it is DOD policy to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny DOD the benefits of cost and technical tradeoffs in the source selection process.
Limits the use of lowest price technically acceptable source selection criteria to specified situations.
Requires DOD, to the maximum extent practicable, to avoid using lowest price technically acceptable source selection criteria when the procurement is predominately for the acquisition of information technology services, systems engineering and technical assistance services, audit or audit readiness services, or other knowledge-based professional services.
(Sec. 814) Requires DOD to: (1) prohibit the use of reverse auctions and lowest price technically acceptable contracting methods for the procurement of personal protective equipment if the level of quality or the failure of the item could result in combat casualties, and (2) establish a preference for best value contracting methods when procuring such equipment.
(Sec. 815) Revises requirements for the detection and avoidance of counterfeit electronic parts to require contractors and DOD to meet certain requirements using "suppliers that meet anticounterfeiting requirements" rather than "trusted suppliers."
(Sec. 816) Expands the permissible uses of special emergency procurement authorities to include support of international disaster assistance and support of a national emergency or natural disaster relief efforts in the United States as defined by the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(Sec. 817) Requires DOD to comply with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces. Requires DOD to furnish the footwear directly to members instead of providing a cash allowance. Permits a waiver to be granted in cases of medical necessity. Authorizes DOD, for two years, to purchase additional footwear that is necessary to provide sufficient choices to minimize the incidence of athletic injuries in initial entry training.
(Sec. 818) Extends the authority for the enhanced transfer of technology developed at DOD laboratories.
(Sec. 819) Modifies congressional notification requirements for the exercise of waiver authority to acquire vital national security capabilities.
(Sec. 820) Modifies requirements and duties for the Cost Accounting Standards Board (CASB). Requires Federal Cost Accounting Standards (CAS) be reconciled, to the extent possible, with U.S. Generally Accepted Accounting Principles. Permits the head of a federal agency to waive the application of the CAS for contracts valued at less than $100 million.
Establishes the Defense Accounting Standards Board to:
review cost accounting standards and recommend changes to the CASB; oversee implementation of CAS within DOD to achieve uniformity and consistency in the standards governing measurement, assignment, and allocation of costs to contracts with DOD; and ensure that managerial cost accounting is appropriately implemented for commercial functions performed by DOD employees. (Sec. 821) Establishes a $5,000 micro-purchase threshold for DOD activities.
(Sec. 822) Specifies the definition of competition and the role of the prime contractor in determining whether a subcontract meets the competitive or commercial test with respect to enhanced competition requirements.
(Sec. 823) Removes the retroactive application requirement for the cap on the allowable compensation of contractor employees. (As a result, the cap would apply to compensation costs incurred after January 1, 2012, under contracts entered into on or after December 31, 2011.)
(Sec. 824) Specifies requirements for the treatment of independent research and development costs as fair, reasonable, and allowable expenses for DOD contracts.
Requires bid and proposal expenses considered as allowable indirect costs on cost-reimbursement contracts to be reported independently of independent research and development costs.
Establishes for DOD a goal that department-wide bid and proposal costs should not exceed 1% of the amount of contractor sales to the department. Specifies that, if DOD fails to meet the goal, an advisory panel must be established to provide recommendations on changes to statute, regulation, and practice to reduce bid and proposal costs.
Requires DOD to contract with an outside, independent entity to study the laws, regulations, and practices relating to expenses incurred by contractors for bids and proposals.
Requires DOD to report to Congress on bid and proposal costs and independent research and development costs.
(Sec. 825) Exempts certain multiple-award task or delivery order contracts from the requirement to include cost or price to the federal government as an evaluation factor in the evaluation of proposals for all contracts.
(Sec. 826) Extends through FY2027 the authority for DOD to negotiate and administer small business contracting plans.
(Sec. 827) Specifies that the use of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements may be considered to be the use of competitive procedures. Specifies that the items must be procured within five years of an initial determination that the items have been successfully tested and found to satisfy U.S. military requirements or to correct operational deficiencies.
(Sec. 828) Expands the scope of the defense acquisition challenge program to include alternatives to existing acquisition programs and specifies that the general solicitation competitive procedures used under the program are competitive procedures.
(Sec. 829) Requires DOD to revise the Defense Federal Acquisition Regulation Supplement to establish a preference for fixed-price contracts, including fixed-price incentive fee contracts, in the determination of contract type and establish an approval mechanism for the use of cost type contracts the exceed specified dollar thresholds.
(Sec. 830) Requires DOD to prescribe regulations to require the use of firm fixed-price contracts for foreign military sales, subject to a waiver if DOD determines that a different type of contract is in the best interest of the taxpayers.
(Sec. 831) Establishes a preference for performance-based payments to contractors.
(Sec. 832) Requires the Defense Acquisition University to develop and implement a training program for DOD 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) Sunsets and repeals various contracting limitations, requirements, and other provisions related to contracting.
(Sec. 834) Establishes an award to recognize defense acquisition programs and acquisition professionals that make the best use of flexibilities and authorities granted in the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
(Sec. 835) Permanently authorizes protests of task and delivery orders with values exceeding $10 million at civilian agencies. Increases from $10 million to $25 million the minimum value of a DOD task or delivery order that may be protested.
(Sec. 836) Authorizes DOD to close out contracts entered into prior to FY2000 without completing further reconciliation audits other than those specified in this section.
(Sec. 837) Authorizes the Navy to close out contracts entered into between FY1974-FY1998 to design, construct, repair, or support the construction or repair of Navy submarines without completing further reconciliation audits other than those specified in this section.
Subtitle D--Provisions Relating to Major Defense Acquisition Programs
(Sec. 841) Changes the date that the comprehensive annual Selected Acquisition Reports are due to Congress.
(Sec. 842) Specifies that the Office of Cost Assessment and Program Evaluation (CAPE) conducts or approves independent cost estimates (ICEs) for all major defense acquisition programs and major automated information systems. Authorizes CAPE to approve ICEs conducted by the military departments.
Requires an ICE for the technology maturation and risk reduction phase of a major defense acquisition program or major subprogram that identifies the key contributors to the life-cycle costs of the program or subprogram.
Requires CAPE to develop policies, procedures, guidance, and a collection method to ensure that acquisition cost data are collected in a standardized format that facilitates cost estimation and comparison across acquisition programs. Requires assessments of risk and potential consequences in ICEs, instead of the current reporting of confidence intervals.
(Sec. 843) Removes the requirement for the milestone decision authority, prior to milestone B (initiates engineering and manufacturing development) approval, to determine affordability and funding levels for a major defense acquisition program relative to the Future Years Defense Program submitted during the year in which the determination is made.
(Sec. 844) Requires DOD to review the extent to which sustainment matters are considered in decisions related to the requirements, acquisition, cost estimating, and programming and budgeting processes for major defense acquisition programs.
(Sec. 845) Adds the Secretaries of the military departments to the list of people who receive and may comment on the annual report of the Director of Operational Test and Evaluation. Extends the annual report through January 31, 2021.
(Sec. 846) Repeals on September 30, 2017, the separate acquisition process and requirements for major automated information systems.
(Sec. 847) Revises the definition of a major defense acquisition program to exclude an acquisition program that is carried out using the rapid fielding or rapid prototyping acquisition pathway authorized by the National Defense Authorization Act for Fiscal Year 2016.
(Sec. 848) Makes technical changes to provisions under current law that require an acquisition strategy for each major defense acquisition program.
(Sec. 849) Revises requirements for life cycle cost controls to:
require rapid fielding guidance from the Under Secretary of Defense for Acquisition, Technology, and Logistics to include direction on a process for identifying and exploiting opportunities to use the rapid fielding pathway to reduce total ownership costs; include life cycle cost management as a procedure that DOD should establish for alternative acquisition pathways to meet national security needs; and require the military departments to conduct a sustainment review five years after declaration of initial operational capability of a major defense acquisition program and throughout the system's life cycle, using availability and reliability thresholds and cost estimates as the triggers that prompt the review. Authorizes DOD to 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.
(Sec. 850) Expands the authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms for the purposes of acquisition reporting.
(Sec. 851) Requires DOD to provide specified reports to Congress regarding small business participation in DOD programs.
(Sec. 852) Waives congressional notification requirements regarding the acquisition of a higher quantity of tactical missiles and munitions than is specified in law.
(Sec. 853) Authorizes DOD to 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 DOD.
(Sec. 854) Requires DOD to establish a pilot program to decrease the number of Key Performance Parameters for acquisition programs.
(Sec. 855) Requires DOD to establish mission integration management activities for specified mission areas that involve multiple Armed Forces and multiple programs, including:
close air support; air defense and offensive and defensive counter-air; interdiction; intelligence, surveillance, and reconnaissance; 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. Subtitle E--Provisions Relating to Acquisition Workforce
(Sec. 861) Establishes as additional functions of the Deputy Director for Management of the Office of Management and Budget (OMB) requirements to:
adopt and oversee government-wide standards, policies, and guidelines for program and project management; chair the Program Management Policy Council; establish standards and policies for executive agencies consistent with widely accepted standards for program and project management planning and delivery; engage with the private sector; conduct portfolio reviews of agency programs and programs identified as high risk by the Government Accountability Office; and establish a five-year strategic plan for program and project management. Requires certain federal agencies to designate a Program Management Improvement Officer to implement program management policies and develop a written strategy for enhancing the role of program managers. Exempts DOD from this requirement if it is substantially similar or duplicative of specified existing requirements.
Establishes the Program Management Policy Council within OMB to act as the principal interagency forum for improving practices related to program and project management.
Requires the Office of Personnel Management to issue regulations that: (1) identify key skills and competencies needed for an agency program and project manager, (2) establish a new job series for program and project management, and (3) establish a new career path for program and project managers.
Requires the GAO to report to Congress on the effectiveness of policies on program and project management.
(Sec. 862) Modifies the authority to waive tenure requirements for program managers for program definition and program execution periods.
(Sec. 863) Expands the purposes for which the Department of Defense Acquisition Workforce Development Fund may be used to include the development of acquisition tools and methodologies and the undertaking of research and development of activities that could lead to acquisition policies and practices that will improve the efficiency and effectiveness of defense acquisition efforts.
Limits the amount of funds that may be used in FY2017 for acquisition tools and methodologies and the undertaking of research and development.
Specifies that the advisory panel on streamlining and codifying acquisition regulations that was established by the National Defense Authorization Act for Fiscal Year 2016: (1) is an independent advisory panel to be supported by the Defense Acquisition University and the National Defense University, and (2) has specified hiring authorities.
(Sec. 864) Requires DOD to transfer specified funds from the Defense Acquisition Workforce Development Fund in FY2017 to the Rapid Prototyping Fund.
(Sec. 865) Limits the funds available for staff augmentation contracts at management headquarters of DOD and the military departments.
(Sec. 866) Establishes the positions of Senior Military Acquisition Advisors within the Defense Acquisition Corps to: (1) serve as advisors to, and provide senior level acquisition expertise to, the Service Acquisition Executive of the officers' military departments, and (2) be assigned as adjunct professors at the Defense Acquisition University.
(Sec. 867) Changes the Civilian Acquisition Workforce Personnel Demonstration Project from an indefinite project to a permanent system to provide DOD with the permanent authority to establish and adjust a special system of personnel authorities for the civilian acquisition workforce and supporting personnel assigned to work directly with that workforce. Moves the administration of the project from OPM to DOD.
Subtitle F--Provisions Relating to Commercial Items
(Sec. 871) Requires DOD procurement officials to conduct or obtain market research when determining price reasonableness for commercial items.
(Sec. 872) Permits contractors to submit information or analysis pertaining to the value of a commercial item when responding to solicitations. Permits contracting officers to consider value analysis, in addition to historic pricing data, when determining price reasonableness for commercial items.
(Sec. 873) Expands DOD centralized records relating to commercial item determinations to include market research and price reasonableness analysis. Eliminates the requirement for the records to be publicly accessible.
(Sec. 874) Requires the establishment of a list in the Defense Federal Acquisition Regulation Supplement of certain defense-unique statutes that are inapplicable to contracts for commercial items and commercially available off-the-shelf items.
(Sec. 875) Requires DOD to use 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. Requires DOD to maintain an inventory of commercial and non-governmental standards licenses.
(Sec. 876) Requires DOD to revise guidance related to the preference for commercial services to prohibit an agency from entering into certain contracts for facilities-related services, knowledge-based services, equipment-related services, construction services, medical services, logistics management services, or transportation services that are not commercial services unless specified officials determine in writing that no commercial services are suitable to meet the agency's needs.
(Sec. 877) Requires items that are valued at less than $10,000 to be treated as a commercial item if they: (1) are procured by any contractor for use in the performance of multiple contracts with DOD and other parties, and (2) are not identifiable to any particular contract.
(Sec. 878) Treats services provided by business units of nontraditional contractors as commercial items if the business unit uses the same personnel and similar pricing as offered to commercial customers.
(Sec. 879) Requires the Secretary of Defense and the Secretaries of the military departments to carry out a 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.
(Sec. 880) Permits the General Services Administration and the Department of Homeland Security to carry out 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.
Subtitle G--Industrial Base Matters
(Sec. 881) Requires DOD to develop a plan to reduce the barriers to the seamless integration between the persons and organizations that comprise the National Technical Industrial Base. Expands the definition of the National Technical Industrial Base to include the United Kingdom and Australia. (Under current law the term "National Technology and Industrial Base" means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States and Canada.)
(Sec. 882) Requires DOD, when meeting the national security strategy for the national technology and industrial base to engage in acquisition reform efforts that: (1) rely, to the maximum extent practicable, upon the commercial national technology and industrial base that is required to meet the national security needs of the United States; (2) reduce the reliance of DOD on technology and industrial base sectors that are economically dependent on DOD business; and (3) reduce federal government barriers to the use of commercial products, processes, and standards.
(Sec. 883) Authorizes DOD to carry out a six-year pilot program under which DOD 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 DOD.
(Sec. 884) Requires DOD to conduct a pilot program for nontraditional contractors and small business concerns to design, develop, and demonstrate innovative prototype military platforms of significant scope for the purpose of demonstrating new capabilities that could provide alternatives to existing acquisition programs and assets.
Subtitle H--Other Matters
(Sec. 885) Requires DOD to enter into a contract with an independent research entity for a comprehensive study on the prevalence and impact of bid protests on DOD acquisitions, including protests filed with contracting agencies, the GAO, and the Court of Federal Claims.
(Sec. 886) Requires the GAO to report on the use by DOD of indefinite delivery contracts entered into during FY2015-FY2017.
(Sec. 887) Requires DOD to review and report on contractual flow-down provisions related to major defense acquisition programs on contractors and suppliers.
(Sec. 888) Requires DOD to ensure that competition in DOD 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 the specification is provided and approved in accordance with specified provisions under current law. Requires DOD to review 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.
(Sec. 889) Requires the GAO to include in its annual report to Congress a list of the most common grounds for sustaining bid protests during the year.
(Sec. 890) Requires the GAO to study and report on DOD procurement contracts awarded to minority-owned and women-owned businesses during FY2010-FY2015.
(Sec. 891) Exempts audits for the National Nuclear Security Administration from the prohibition on the performance of non-defense audits by the Defense Contract Audit Agency.
(Sec. 892) Requires DOD to select service providers for auditing services and audit readiness services based on the best value, as determined by the resource sponsor for an auditing contract, rather than based on the lowest price technically acceptable service provider.
(Sec. 893) Requires DOD to identify and make public clear business system requirements, allow contractors to submit certifications from their third-party independent auditors that their business systems conform to DOD's business system requirements, and allow a milestone decision authority to require further auditing of business systems to manage contractual risk. Specifies that business system requirements only apply to contractors that have covered contracts with the U.S. government accounting for greater than 1% of their total gross revenue and that are not subject to full cost accounting standards under specified provisions of current law.
(Sec. 894) Requires all DOD entities, with the exception of the Centers of Industrial and Technical Excellence, that conduct commercial and not inherently governmental work to establish cost baselines for their operations and begin to adopt best commercial and business management practices to reduce costs and improve performance.
(Sec. 895) Exempts information technology equipment included as an integral part of a weapon system from certain requirements related to capital planning and investment control, unless the Milestone Decision Authority determines in writing that the application of the requirements is in the best interests of DOD.
(Sec. 896) Specifies that the 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 for streamlining awards for innovative technology projects is considered using competitive procedures.
Requires DOD to establish procedures under which a small business or a 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.
Includes auditing officials in the list of personnel who are provided guidance and training on the flexible use and tailoring of authorities under the pilot program.
(Sec. 897) Authorizes the Army, Navy, and Air Force each to establish service-specific funds for acquisition programs under the rapid fielding and prototyping pathways.
(Sec. 898) Establishes a panel on DOD and AbilityOne contracting oversight, accountability, and integrity to review and address the effectiveness and internal controls of the program related to DOD contracts.
(Sec. 899) Specifies the roles and functions of officials involved in Coast Guard major acquisition programs, including: the Chief Acquisition Officer, the Acquisition Directorate, and the Vice Commandant of the Coast Guard.
Prohibits the Coast Guard from awarding a contract for the design of an unmanned aerial system (UAS) for use by the Coast Guard. Specifies limitations on the acquisition of UASs by the Coast Guard .
Authorizes the Coast Guard to extend major acquisition program contracts if the DHS Cost Analysis Division determines that extending a current contract would be more cost effective than awarding a new contract.
Requires the Commandant to report to Congress on how the Commandant can play a more appropriate role in the acquisitions process with regard to policies, requirements, and implementing a more customer-oriented acquisition system.
Requires the Secretary for the department in which the Coast Guard is operating to submit to Congress an analysis of multiyear procurement authorities for the procurement of at least five Fast Response Cutters (beginning with hull 43) and Offshore Patrol Cutters (beginning with hull 5).
(Sec. 899A) Authorizes DOD to make a determination to limit competition or provide a preference for products and services produced in areas where the United States has long-term agreements with host nations in the African region.
Provides an exemption from preferred local procurement for items included on a specified procurement list if the item can be produced and delivered by a qualified non-profit agency for the blind or a non-profit agency for other severely disabled in a timely fashion to support mission requirements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
(Sec. 901) Establishes an Under Secretary of Defense for Research and Engineering, an Under Secretary of Defense for Acquisition and Sustainment, and a Chief Management Officer within DOD. Requires DOD to review and report to Congress on the organization and management structure for the department.
(Sec. 902) Specifies the responsibilities and reporting of the Chief Information Officer of DOD.
(Sec. 903) Limits the number of personnel in the Office of the Secretary of Defense and in other DOD headquarters offices. Permits the limitations to be exceeded by 15% in a time of national emergency.
(Sec. 904) Repeals the Department of Defense Financial Management Modernization Executive Committee.
Subtitle B--Organization and Management of the Department of Defense Generally
(Sec. 911) Requires the Secretary of Defense to develop and implement an organizational strategy for DOD that meets specified requirements.
(Sec. 912) Requires the next Secretary of Defense to submit to Congress a specified report on the policy, organization, and management goals and priorities for DOD.
(Sec. 913) Authorizes DOD to establish a delivery unit of personnel to be responsible for providing expertise and support to improve the implementation of policies and priorities across DOD.
(Sec. 914) Establishes guidelines for using military personnel for functions currently being performed by civilian personnel or contractors.
(Sec. 915) Repeals the requirement for DOD to develop and execute an efficiencies plan for the civilian personnel workforce and the service contractor workforce.
Subtitle C--Joint Chiefs of Staff and Combatant Command Matters
(Sec. 921) Modifies functions of the Joints Chiefs of Staff as military advisers. Extends the terms of the Chairman and the Vice Chairman to four years and requires the terms to be staggered.
Specifies the functions of the Chairman with respect to planning, advice, global military integration, and ensuring open communication between the combatant commands and the Chairman.
(Sec. 922) Modifies the roles and responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Commander of U.S. Special Operations Command.
(Sec. 923) Establishes a unified combatant command for cyber operations to prepare cyber operations forces to carry out assigned missions.
(Sec. 924) Require the secretaries of the military departments, at the direction of the Secretary of Defense, to assign forces under the jurisdiction of the secretaries concerned to the combatant commands to perform missions assigned to the combatant commands. Specifies that forces that are not assigned will remain under the control of the respective military department secretaries for purposes of carrying out specified responsibilities under current law, including organizing, training, and mobilizing of all U.S. military forces.
(Sec. 925) Modifies the joint and service-specific requirements process. Modifies the composition and mission of the Joint Requirements Oversight Council (JROC). Specifies that the responsibilities of the JROC include: (1) determining gaps in joint military capabilities; (2) validating that proposed capabilities fulfill a gap; and (3) approving only joint performance requirements, such as interoperability or those involving more than one military service.
Specifies that the service chief of the relevant military service is responsible for all service-specific performance requirements, and the JROC's validation is not required before commencing a service specific acquisition program, unless the Chairman of the Joint Chiefs of Staff decided that service-specific requirement should be a joint requirement and be subject to the oversight of JROC.
Shifts the responsibility for making recommendations about military capabilities to meet applicable requirements from the JROC as a whole to the Vice Chairman alone.
Requires DOD to establish a process to develop program cost and fielding targets.
(Sec. 926) Requires DOD to conduct an assessment of the organization of the combatant commands, provide recommendations for changes to improve the effectiveness of the commands, and enter into a contract for an independent assessment of the organization of the combatant commands.
Subtitle D--Organization and Management of Other Department of Defense Offices and Elements
(Sec. 931) Specifies that the secretaries of the military departments must, 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) Authorizes the National Guard to appoint, employ, administer, detail, and assign federal civilian employees to provide full-time support to the non-federalized National Guard. Specifies that that state adjutants general will continue to exercise their authority to hire, employ, and supervise the federal civilian employees providing full-time support to their state. Authorizes the National Guard to delegate to the adjutants general the authority to appoint, employ, and administer federal civilian employees within the states and territories with authority to conduct all personnel actions for employees except in the case of any appeal right or complaint filed by an employee appointed under this section.
(Sec. 933) Reorganizes and redesignates the Office of Family Policy into the Office of Military Family Readiness Policy and the Office of Community Support for Military Families with Special Needs into the Office of Special Needs. Reorganizes the Office of Special Needs under the Office of Military Family Readiness Policy.
(Sec. 934) Redesignates the "Assistant Secretary of the Air Force for Acquisition" as the "Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics."
Subtitle E--Strategies, Reports, and Related Matters
(Sec. 941) Requires DOD to provide Congress with an annual national defense strategy to replace the Quadrennial Defense Review required under current law. Requires the strategy to address:
the highest priority missions for DOD, 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 DOD will use to counter those threats; a strategic framework to prioritize the missions and threats; and the major investments in defense capabilities, force readiness, global posture, and technological innovation that DOD will make over the following five-year period in accordance with the strategic framework. (Sec. 942) Establishes the Commission on the National Defense Strategy for the United States to examine and make recommendations with respect to the national defense strategy for the United States.
(Sec. 943) Revises the requirements for the national military strategy required to be prepared by the Chairman of the Joint Chiefs of Staff.
(Sec. 944) Requires the annual national security strategy report to be transmitted in classified form and permits the report to include an unclassified summary.
(Sec. 945) Amends the requirements for an independent study of the national security strategy formulation process to add a requirement to address the workforce responsible for conducting strategic planning and examine how Congress fits into the strategy formulation process.
Subtitle F--Other Matters
(Sec. 951) Requires DOD to develop an implementation plan for the Defense Security Service to conduct before October 1, 2017, all personnel background and security investigations adjudicated by the Consolidated Adjudication Facility of DOD.
Requires DOD and the Office of Personnel Management to develop a plan to transfer government investigative personnel and contracted resources to DOD in proportion to the background and security investigative workload to be assumed by DOD.
Requires DOD to: (1) ensure that insider threat programs collect, store, and retain information from specified data sources; (2) establish a personnel security program and take other appropriate actions to support the Innovation Initiative to better leverage commercial technology; and (3) issue an updated reciprocity directive that accounts for security policy changes associated with new position designation regulations, new continuous evaluation policies, and new federal investigative standards.
Permits DOD to waive certain statutory deadlines related to the timelines for background investigations.
(Sec. 952) Modifies the authority of DOD to appoint law enforcement personnel to protect the Pentagon reservation and other DOD facilities in the National Capital Region. Sets the rates of basic pay for law enforcement and security personnel whose permanent duty station is the Pentagon reservation.
(Sec. 953) Transfers oversight of recovery policy and operations for current conflicts from the Defense POW/MIA Accounting Agency (DPAA) to the Secretary of Defense, and specifies that the DPAA director retains authority to establish policy and execute recovery operations for missing persons from past conflicts. Specifies that DOD is required to account for missing persons only to the extent practicable upon discovery of remains of missing personnel.
(Sec. 954) Modifies the requirements for the annual report from the Office of Corrosion Policy and Oversight.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
(Sec. 1001) Permits DOD to make transfers between amounts authorized for FY2017 in division A of this bill, subject to specified limitations and a congressional notification requirement.
(Sec. 1002) Requires DOD to submit to Congress 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.
(Sec. 1003) Requires DOD to competitively procure or develop, as soon as practicable, information technology services to improve preparation of auditable financial statements. Authorizes science and technology funding, prototypes, and test and evaluation resources to be used for this purpose.
(Sec. 1004) Expresses the sense of the Congress that sequestration is an unreasonable and inadequate budgeting tool, imposes unacceptable limitations on the budget and increased risk to national security, and that the spending caps in the Budget Control Act of 2011 should be modified through a bipartisan legislative agreement.
(Sec. 1005) Reduces the unobligated balance of the Defense Acquisition Workforce Development Fund by $475 million.
Subtitle B--Counter-Drug Activities
(Sec. 1011) Codifies and modifies the authority of DOD to provide support for counterdrug activities and activities to counter transnational organized crime of civilian law enforcement agencies. Requires coordination with the State Department for support for foreign law enforcement agencies under the authority.
(Sec. 1012) Authorizes the Secretary of Defense to review and approve the curriculum and program structure of each of the National Guard counterdrug schools.
(Sec. 1013) Extends the authority to support the unified counterdrug and counterterrorism campaign in Colombia.
(Sec. 1014) Specifies requirements for information sharing and the coordination of military training between DOD and the Department of Homeland Security.
Subtitle C--Naval Vessels and Shipyards
(Sec. 1021) Expands from six to ten months the definition of "short-term work" with respect to the overhaul, repair, or maintenance of naval vessels.
(Sec. 1022) Requires new shipbuilding contracts within the Navy's Shipbuilding and Conversion account to require the work performed under the contract to be covered by a warranty for a period of at least one year. Permits a contracting officer to waive this requirement if a limited liability of warranted work is in the best interest of the government.
(Sec. 1023) Authorizes the Navy to use the National Sea-Based Deterrence Fund for multiyear procurement of critical components to support continuous production of the common missile compartment. Revises the definition of a national sea-based deterrence vessel.
(Sec. 1024) Prohibits the retirement, preparation for retirement, inactivation, or placement in storage of any Ticonderoga-class cruisers or Whidbey Island-class amphibious ships, except to allow the modernization and upgrades for those ships to continue in accordance with specified provisions of the Carl Levin and Howard P. ''Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015.
(Sec. 1031) Requires the Secretary of Defense to provide monthly counterterrorism operations briefings to Congress.
(Sec. 1032) Prohibits DOD from using funds to transfer or release detainees at U.S. Naval Station, Guantanamo Bay, Cuba, (Guantanamo) to or within the United States, its territories, or possessions.
(Sec. 1033) Prohibits DOD from using funds to construct or modify any facility in the United States, its territories, or possessions to house any detainee transferred from Guantanamo for the purposes of detention or imprisonment in the custody or under the effective control of DOD.
(Sec. 1034) Prohibits DOD from using funds to transfer, release, or assist in the transfer or release of any individual detained at Guantanamo to Libya, Somalia, Syria, or Yemen.
(Sec. 1035) Prohibits DOD from using funds for the closure or abandonment of Guantanamo, the relinquishment of control of Guantanamo to Cuba, or the implementation of a material modification to the Treaty Between the United States of America and Cuba that constructively closes Guantanamo.
(Sec. 1036) Modifies congressional notification requirements for sensitive military operations.
Subtitle E--Miscellaneous Authorities and Limitations
(Sec. 1041) Reinstates DOD's authority to provide transportation to allied military personnel and civilians in contingencies or disaster responses without charge, and expands the authority to include allied and civilian cargo, as well as passengers. Authorizes DOD to enter into a contract or other arrangement with one or more commercial providers to provide commercial insurance products to non-DOD shippers using the Defense Transportation System.
(Sec. 1042) Reduces the minimum number of Navy carrier air wings required to be maintained from 10 to 9 until additional deployable aircraft carriers can fully support a tenth carrier air wing, or October 1, 2025, whichever comes first.
(Sec. 1043) Modifies and extends through January 31, 2021, the ''Support for Non-Federal Development and Testing of Material for Chemical Agent Defense" report. Requires the report to include details regarding instances where DOD provides biological select agents or toxins to a non-federal entity for development of biological defenses.
(Sec. 1044) Amends the Bipartisan Budget Act of 2015 to specify that, if a specified required report determines that the reallocation and auction of certain spectrum would harm national security by impacting existing terrestrial federal spectrum operations at the Nevada Test and Training Range, the Federal Communications Commission must establish rules for licensees of the spectrum sufficient to mitigate harmful interference to the operations.
(Sec. 1045) Prohibits funds from being used for the retirement of specified legacy maritime countermeasures platforms. Permits the Navy to waive this prohibition by submitting a required certification to Congress.
(Sec. 1046) Extends the authority of the Department of Transportation to provide aviation insurance and reinsurance upon the request of another U.S. government agency.
(Sec. 1047) Requires the Navy to 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. Requires the Navy to submit to Congress 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.
(Sec. 1048) Requires DOD to enter into an agreement for an independent evaluation of the DOD excess property program.
(Sec. 1049) Permits U.S. Customs and Border Protection to waive certain polygraph examination requirements for qualifying veterans.
(Sec. 1050) Requires DOD to ensure that the Transportation Worker Identification Credential (TWIC) is accepted as a valid credential for unescorted access to DOD installations by transportation workers.
Exempts TWIC-carrying transportation workers who also have a current DOD Secret Level Clearance issued by DOD from further vetting when seeking unescorted access at DOD facilities.
(Sec. 1051) Prohibits DOD from using funds for the destruction of anti-personnel landmine munitions until DOD submits a specified report to Congress. Includes an exception for any anti-personnel landmine munitions that are unsafe or could pose a safety risk if not demilitarized or destroyed.
(Sec. 1052) Requires the Air Force to transition to an organizational model for all Air Force remotely piloted aircraft that uses a significant number of enlisted personnel as operators of the aircraft rather than officers only.
(Sec. 1053) Prohibits the use of funds to: (1) retire, prepare to retire, transfer or place in storage any aircraft in Marine Corps Search and Rescue Units (SRU); or (2) reduce the manning levels with respect to any SRU.
(Sec. 1054) Requires the Associate Director of the Central Intelligence Agency for Military Affairs to 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.
Directs the Secretary of Defense and the Under Secretary of Defense for Intelligence to 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 to achieve the intended function.
(Sec. 1055) Limits the provision of defense sensitive support to non-DOD departments and agencies until DOD determines and notifies Congress that the support: (1) is consistent with the mission and functions of DOD; and (2) does not significantly interfere with the mission and functions of DOD, or is in the U.S. national security interest if it does interfere.
(Sec. 1056) Prohibits any order, ruling, finding, or other determination of a military commission from being construed or implemented to prohibit or restrict a member of the Armed Forces from carrying out otherwise lawfully assigned duties where the basis for the prohibition or restriction is the sex of the member.
Subtitle F--Studies and Reports
(Sec. 1061) Continues various DOD reporting requirements.
(Sec. 1062) Requires DOD to provide certain reports and notifications to Congress regarding programs that DOD manages under alternative compensatory control measures.
(Sec. 1063) Modifies reporting requirements for the DOD Rewards Program to specify the requirements for reporting the designation of countries for which rewards or payments-in-kind may be paid.
(Sec. 1064) Requires the military service chiefs and the commanders of the individual functional and geographic combatant commands to submit to Congress a list, in priority order, of the unfunded requirements for each individual service branch or combatant command.
(Sec. 1065) Requires DOD to: (1) ensure the effective organization and management of electromagnetic spectrum used by DOD, and (2) establish an enduring review and evaluation process that considers all requirements relating to the spectrum and ensures that all users of the spectrum are involved in the decision-making process concerning the potential sharing, reassigning, or reallocating of the spectrum, or the relocation of the uses by DOD of the spectrum.
(Sec. 1066) Adds the Senate and House Armed Services Committees to a reporting requirement regarding expenditures of certain funds by the Defense Intelligence Agency.
(Sec. 1067) Requires DOD to notify Congress within 15 days of notifying the Centers for Disease Control and Prevention and/or the Animal and Plant Health Inspection Service of any theft, loss, or release of biological select agents or toxins.
(Sec. 1068) Requires DOD to report to Congress on support contributed from each of the military services toward special operations forces.
(Sec. 1069) Requires DOD and the Department of State to jointly report to Congress on military units that have been assigned to policing or citizen security responsibilities in Guatemala, Honduras, and El Salvador.
(Sec. 1070) Requires DOD to submit to Congress a report on counterproliferation activities and programs of DOD.
(Sec. 1071) Requires the Navy to submit to Congress an assessment of all operational minehunting Synthetic Aperture Sonar technologies suitable to meet the requirements for use on the Littoral Combat Ship Mine Countermeasures Mission Package.
(Sec. 1072) Requires the Air Force and the Army to report quarterly to Congress on parachute jumps conducted at Fort Bragg and Pope Army Air Field, North Carolina and Air Force support for the jumps.
(Sec. 1073) Requires DOD to: (1) study 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 region.
(Sec. 1074) Requires DOD to commission an independent review of U.S. policy in the Indo-Asia-Pacific region.
(Sec. 1075) Requires the Secretary of Defense to provide for and oversee an assessment of the joint ground forces of the Armed Forces.
Subtitle G--Other Matters
(Sec. 1081) Makes technical and clerical corrections to the National Defense Authorization Act for Fiscal Year 2016 and other statutes.
(Sec. 1082) Increases the monetary cap for the cost of equipment, services, and supplies for humanitarian demining assistance and stockpiled conventional munitions assistance provided by DOD.
(Sec. 1083) Authorizes DOD to liquidate unpaid debts owed to the United States by a foreign government or international organization as a result of DOD providing logistic support, supplies, or services to that foreign government or international organization. Permits DOD to liquidate the debts by offsetting the debt against any amounts owed by DOD to the foreign government or international organization for logistic support, supplies, or services obtained by DOD pursuant to specified transactions.
(Sec. 1084) Delays from January 1, 2017, to October 1, 2017, the implementation date for the conversion of certain military technician (dual status) positions to civilian positions. Specifies that the positions to be converted will be reviewed and determined by leadership of the Army Reserve, the Air Force Reserve, the National Guard Bureau, the State Adjutants General; and the Secretary of Defense. Requires DOD to report to Congress on the feasibility of converting any remaining military technicians (dual status) to personnel performing Active Guard and Reserve Duty.
(Sec. 1085) Limits the size of the National Security Council (NSC) professional staff to no more than 200 individuals including detailees and assignees from other agencies and contractors. Modifies other requirements for the NSC.
(Sec. 1086) Requires DOD and the Departments of Health and Human Services, Homeland Security, and Agriculture to jointly develop a national biodefense strategy and associated implementation plan. Requires the GAO to review the strategy and implementation plan to analyze gaps and resources mapped against the requirements of the National Biodefense Strategy and existing U.S. biodefense policy documents.
(Sec. 1087) Requires the Army to carry out a program to support the socio-cultural understanding needs of the Army, to be known as the Global Cultural Knowledge Network.
(Sec. 1088) Expresses the sense of Congress commending the dedication and contribution of the people of Connecticut to the Navy and the submarine force.
(Sec. 1089) Expresses the sense of Congress regarding the reporting of the MV-22 mishap in Marana, Arizona, on April 8, 2000.
(Sec. 1090) Requires DOD to post on its public website the costs to each taxpayer of each of the wars in Afghanistan, Iraq, and Syria.
(Sec. 1091) Requires the Chairman of the Joint Chiefs of Staff and the Chief of Staff of the Army, to each conduct a separate analysis of Reconnaissance Strike Group organizational design and operational concepts and report to Congress on the results. Requires a Federally Funded Research and Development Center to review and evaluate the reports.
(Sec. 1092) Requires DHS to develop metrics to measure the effectiveness of security at ports of entry, between ports of entry, and in the maritime environment.
(Sec. 1093) Requires DOD to conduct a program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier.
(Sec. 1094) Expresses the sense of the Congress regarding the basing of KC-46A tanker aircraft outside of the continental United States.
(Sec. 1095) Requires DOD to submit to Congress a report assessing the future security requirements for one or more strategic ports in the Arctic.
(Sec. 1096) Authorizes the Army to acquire from any person any excess rifle, ammunition, repair parts, or other supplies which were provided to any country on a grant basis and transfer the items to certain individuals. Requires the Army to receive fair market value for the item.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters Generally
(Sec. 1101) Removes restrictions on managing civilian personnel within DOD on the basis of man years, end strength, full-time equivalent positions, or maximum number of employees. Requires annual reports to Congress regarding the management of the DOD civilian workforce.
(Sec. 1102) Repeals the requirement for DOD to submit a biennial strategic workforce plan.
(Sec. 1103) Requires training for DOD employment and human resources personnel on special recruitment, hiring, special pays, and retention authorities for positions at the U.S. Cyber Command.
(Sec. 1104) Authorizes DOD, with the agreement of a private-sector organization and the consent of the employee, to arrange for the temporary assignment of a DOD employee to the private-sector organization, or from the private-sector organization to a DOD organization.
(Sec. 1105) Authorizes DOD to make: (1) a temporary appointment or a term appointment when the need for the services of an employee in DOD is not permanent, and (2) make a noncompetitive temporary appointment or a noncompetitive term appointment in DOD to address critical hiring needs.
(Sec. 1106) Authorizes DOD to recruit and appoint a limited number of qualified recent graduates and current post-secondary students to competitive service positions in professional and administrative occupations within DOD.
(Sec. 1107) Temporarily increases the maximum amount of separation pay authorized for Voluntary Separation Incentive Pay from the current ceiling of $25,000 to $40,000 for DOD civilian employees.
(Sec. 1108) Extends the authority to pay overtime to Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.
(Sec. 1109) Limits the number of DOD Senior Executive Service positions.
(Sec. 1110) Provides each Secretary of a military department with the direct hire authority for a limited number of financial management experts.
(Sec. 1111) Repeals the authority for DOD to waive the restriction on the appointment of retired members of the Armed Forces to positions in the civil service in DOD within 180 days of their retirement based on a state of national emergency.
Subtitle B--Department of Defense Science and Technology Laboratories and Related Matters
(Sec.1121) Makes permanent the alternative personnel management authority for experts in science and engineering.
(Sec. 1122) Permanently extends and modifies the authority for DOD science and technology laboratories to hire students enrolled in scientific and engineering programs. Permits the laboratories to hire a greater number of students using the direct hire authority.
(Sec. 1123) Extends the authority for the temporary exchange of information technology personnel between DOD and the private sector. Renames the program the "Cyber and Information Technology Exchange Program" and increases from 10 to 50 the number of personnel that may be exchanged.
(Sec. 1124) Establishes a pilot program to provide enhanced pay authorities 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 DOD science and technology reinvention laboratories.
(Sec. 1125) Provides DOD with temporary direct-hire authority for DOD industrial base facilities located in the United States, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.
Subtitle C--Government-Wide Matters
(Sec. 1131) Permits a relocating spouse of a member of the Armed Forces to remain eligible for a noncompetitive appointment for the duration of the spouse's relocation to the permanent duty station of the member.
(Sec. 1132) Permits DOD industrial base facilities located in the United States and Major Range and Test Facilities Base centers to hire temporary employees into permanent positions outside of the requirements of the competitive service.
(Sec. 1133) Extends for one year the authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
(Sec. 1134) Authorizes a limited number of advance payments of basic pay for current employees who relocate within the United States and its territories to a location outside the employee's current commuting area.
(Sec. 1135) Modifies the circumstances under which employees of a land management agency in a time-limited appointment are eligible to compete for a permanent appointment at any federal agency.
(Sec. 1136) Requires an appointing authority to review and consider the information relating to a prospective employee's former government service in the candidate's official personnel record file prior to making any determination regarding the appointment or reinstatement of the employee to such a position.
(Sec. 1137) Extends through 2017 the authority of agencies to waive the limitation on the aggregate of basic and premium pay of federal civilian employees working overseas in support of a military operation or an operation in response to a declared emergency.
Administrative Leave Act of 2016
(Sec. 1138) Prohibits a federal employee from being placed on administrative leave for more than 10 work days per calendar year. Authorizes additional periods of administrative leave only for employees under investigation or in a notice period, subject to a determination by the agency that the continued presence of the employee in the workplace poses a threat to other employees, evidence relevant to a pending investigation, government property, or legitimate government interests.
(Sec. 1139) Directs the Office of Personnel Management to permit certain agencies to use direct-hire authority for permanent or non-permanent positions in the competitive services for prevailing rate employees, if there is either a severe shortage of candidates or a critical hiring need for the positions.
(Sec. 1140) Requires agencies to make a permanent notation in an individual's personnel file if the individual resigns from government employment while the subject of a personnel investigation and an adverse finding against the individual is made as a result of the investigation.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
(Sec. 1201) Extends the authority for DOD to provide supplies, services, transportation, and other logistical support to coalition forces supporting U.S. operations in Iraq and Afghanistan.
(Sec. 1202) Increases the amounts available for the Special Defense Acquisition Fund. Requires DOD to submit to Congress a plan for using the increased amounts, quarterly spending plans, and annual inventories. Specifies that certain funds may only be used to procure and stock precision guided munitions that may be required by partner and allied forces to enhance the effectiveness of their contribution to overseas contingency operations conducted or supported by the United States.
(Sec. 1203) Codifies the authority for DOD to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing military operations by U.S. special operations forces to combat terrorism. Increases the annual cap on the authority.
(Sec. 1204) Requires DOD to enter into an agreement for an independent evaluation of the Strategic Framework for Department of Defense Security Cooperation.
(Sec. 1205) Expresses the sense of Congress regarding an assessment, monitoring, and evaluation framework for security cooperation.
Subtitle B--Matters Relating to Afghanistan and Pakistan
(Sec. 1211) Extends and modifies the Commanders' Emergency Response Program. Expands the authorization to make certain payments to redress injury and loss in Iraq to include Afghanistan and Syria.
(Sec. 1212) Extends the authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
(Sec. 1213) Extends through December 31, 2017: (1) the authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan, and (2) the exemption for excess defense articles (EDA) transferred from DOD stocks in Afghanistan from the annual limitation on the aggregate value of EDA transferred under the Foreign Assistance Act of 1961.
(Sec. 1214) Extends the Afghan Special Immigrant Visa program through December 31, 2017; modifies the eligibility requirements; and increases the number of visas that may be provided under the program.
(Sec. 1215) Requires DOD's semiannual report on enhancing security and stability in Afghanistan to include a description of the status of the implementation of the Afghan Personnel and Pay System.
(Sec. 1216) Prohibits DOD from using funds for a construction or other infrastructure project in Afghanistan that cannot be safely accessed by U.S. government personnel. Permits waivers for specified programs and projects.
(Sec. 1217) Requires the Lead Inspector General for Operation Freedom's Sentinel to submit a report on the oversight activities of U.S. Inspectors General in Afghanistan planned for FY2017.
(Sec. 1218) Extends and modifies the authorization for reimbursement of certain coalition nations for support of U.S. operations in Iraq and Afghanistan. Expands the authorization to include support for operations in Syria.
Authorizes DOD to use specified funds to reimburse Pakistan for certain activities that enhance the security situation in the northwest regions of Pakistan and along the Afghanistan-Pakistan border. Makes a portion of the funds contingent upon a certification from DOD that Pakistan is taking demonstrable steps against the Haqqani Network in Pakistan.
Modifies the list of security enhancement activities for which Pakistan is eligible for reimbursement. Sets forth limits on the overall amounts available for reimbursement and the amount available for reimbursement to Pakistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
(Sec. 1221) Extends and modifies the authority for DOD to provide assistance to the vetted elements of the Syrian opposition.
(Sec. 1222) Extends the authority to provide assistance to military and other security forces of or associated with the government of Iraq, including Kurdish and tribal security forces with a national mission, to counter the Islamic State in Iraq and the Levant (ISIL).
Extends the requirement for an assessment of the extent to which the government of Iraq is increasing political inclusiveness, addressing the grievances of ethnic and sectarian minorities, and enhancing minority integration in the political and military structures in Iraq.
(Sec. 1223) Extends the authority to support operations and activities of the Office of Security Cooperation in Iraq.
(Sec. 1224) Requires DOD and the State Department to notify Congress if a determination is made to provide man-portable air defense systems (MANPADS) to the vetted Syrian opposition.
(Sec. 1225) Requires the Annual Report on the Military Power of Iran to include specified details regarding Iran's cyber capabilities.
(Sec. 1226) Requires the Director of National Intelligence to submit to Congress quarterly reports regarding confirmed ballistic missile launches by Iran. Requires the State Department and the Department of the Treasury to submit to Congress quarterly reports regarding the imposition of sanctions in connection with launches.
Subtitle D--Matters Relating to the Russian Federation
(Sec. 1231) Limits the availability of DOD funds to provide support services to the Executive Office of the President until DOD completes the meaningful development of military capabilities to respond to the violation of the Treaty on Intermediate-Range Nuclear Forces (INF Treaty) by Russia.
(Sec. 1232) Prohibits FY2017 funds from being used for bilateral military-to-military cooperation between the governments of the United States and Russia until DOD certifies to Congress that Russia: (1) 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) is abiding by the terms of and taking steps in support of the Minsk Protocols regarding a ceasefire in eastern Ukraine. Specifies exceptions and permits a waiver for national security.
(Sec. 1233) Extends through FY2018 and modifies the authority for DOD to provide multilateral or regional training, and pay the incremental expenses of participating in such training, for countries in Eastern Europe that are a signatory to the Partnership for Peace Framework Documents but not a member of the North Atlantic Treaty Organization (NATO) or became a NATO member after January 1, 1999. Authorizes the payment of the incremental expenses incurred by a country as a result of national security forces participation in certain types of training. Authorizes specified funds for the European Deterrence Initiative to be used for this purpose.
(Sec. 1234) Prohibits funds from being used to implement any activity that recognizes the sovereignty of Russia over Crimea. Permits DOD to waive the prohibition by certifying to Congress that it is in the national interest.
(Sec. 1235) Adds additional requirements for the annual report on Russian military and security developments.
(Sec. 1236) Limits funding that may be used to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission to authorize approval of requests by state parties to the treaty to certify infrared or synthetic aperture radar sensors pursuant to Article IV of the treaty until DOD certifies to Congress that the decision would not be detrimental or otherwise harmful to the national security of the United States. Sets forth reporting requirements.
Limits funding that may be used to carry out any activities to implement the Open Skies Treaty until the Director of National Intelligence, the Director of the National Geospatial-Intelligence Agency, and the State Department submit specified evaluations and reports to Congress regarding the treaty.
(Sec. 1237) Extends through FY2018 the authority for DOD to provide security assistance and intelligence support to military and other security forces of the government of Ukraine and authorizes appropriations for this purpose. Limits the use of specified FY2017 funds under this authority until DOD certifies that Ukraine has taken substantial action to make defense institutional reforms and outlines areas where additional action is needed.
(Sec. 1238) Requires DOD to submit specified reports to Congress regarding the INF Treaty and the Open Skies Treaty.
Subtitle E--Reform of Department of Defense Security Cooperation
(Sec. 1241) Creates a new chapter of the U.S. Code on security cooperation and transfers, modifies, and codifies security cooperation related provisions from elsewhere in the U.S. Code and public law to this new chapter.
Repeals several ''train and equip'' authorities and replaces the authorities with a provision that includes all of DOD's existing "train and equip" authorities.
Limits the scope of the authority for DOD to provide assistance to build the capacity of a friendly foreign nation to conduct specified military operations, modifies the availability of funds for such purposes, and changes notification requirements.
Requires DOD to designate an individual and office at the Under Secretary of Defense-level or below with responsibility for oversight of strategic policy and guidance and responsibility for overall resource allocation for security cooperation programs and activities of the department.
Authorizes DOD to provide support to other departments and agencies of the U.S. government for the purpose of implementing or supporting foreign assistance programs and activities that advance security cooperation objectives.
(Sec. 1242) Combines existing security cooperation authorities permitting the exchange of military and defense personnel with allies of the United States and other friendly foreign countries.
(Sec. 1243) Consolidates and modifies similar authorities permitting the payment of personnel expenses of allied or partner countries during theater security cooperation activities.
(Sec. 1244) Combines and modifies similar authorities for the payment of expenses of partner nations when conducting training with U.S. Armed Forces and for the payment of the expenses of developing countries when participating in exercises.
(Sec. 1245) Consolidates and modifies authorities relating to the provision of operational support to partners and allies in combined operations with U.S. Armed Forces or in military operations that support U.S. national security interests.
(Sec. 1246) Codifies and makes permanent the Department of Defense State Partnership Program.
(Sec. 1247) Transfers to the new U.S. Code chapter on security cooperation the regional combating terrorism fellowship program.
(Sec. 1248) Consolidates international engagement authorities for the service academies of the Army, Navy, and Air Force.
(Sec. 1249) Requires the President to submit a consolidated annual budget for DOD security programs and activities.
(Sec. 1250) Requires DOD to create a security cooperation workforce program to oversee the development and management of a professional workforce supporting DOD security cooperation programs and activities.
(Sec. 1251) Modifies and codifies certain reporting requirements for DOD programs to provide training, equipment, or other assistance or reimbursement relating to security cooperation authorities.
(Sec. 1252) Requires the President to conduct a quadrennial review of all U.S. government security sector assistance programs, policies, authorities, and resources.
(Sec. 1253) Repeals superseded, obsolete, or duplicate statutes relating to security cooperation authorities.
Global Magnitsky Human Rights Accountability Act
Subtitle F--Human Rights Sanctions
(Sec. 1262) Defines terms used in this subtitle.
(Sec. 1263) Authorizes the President to impose U.S. entry and property sanctions against any foreign person (or entity) who:
is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking to expose illegal activity carried out by government officials, or to obtain, exercise, defend, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official or senior associate of an official responsible for, or complicit in, ordering or otherwise directing acts of significant corruption; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. Specifies that the authority to block and prohibit transactions in property and property interests does not include the authority to impose sanctions on the importation of goods.
Requires the President, after receiving a request from Congress with respect to whether a foreign person has engaged in a prohibited activity: (1) to determine if the person has engaged in such an activity, and (2) submit to Congress a report including a statement of whether or not sanctions will be imposed and a description of any sanctions that will be imposed.
Provides that sanctions shall not apply to an individual as necessary for law enforcement purposes, or to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations of the United States.
Permits the President to terminate sanctions under specified conditions.
Authorizes the Assistant Secretary of State for Democracy, Human Rights, and Labor to submit to the Department of State the names of foreign persons who may meet the sanctions criteria.
(Sec. 1264) Requires the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition.
(Sec. 1265) Terminates the authority to impose sanctions on the date that is six years after the date of enactment of this bill.
Subtitle G--Miscellaneous Reports
(Sec. 1271) Modifies the requirements for the annual report on military and security developments involving China.
(Sec. 1272) Authorizes DOD to use specified FY2017 and FY2018 Overseas Humanitarian, Disaster, and Civic Aid funds to conduct monitoring and evaluation of the programs funded from the account.
(Sec. 1273) Requires DOD to submit to Congress a strategy for U.S. defense interests in Africa.
(Sec. 1274) Requires DOD to submit to 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.
(Sec. 1275) Requires DOD to submit to Congress annually a report including an update of the most current DOD Freedom of Navigation Report under the Freedom of Navigation Operations program. Requires the report to document the types and locations of excessive claims that the Armed Forces 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.
(Sec. 1276) Requires an independent assessment directed by the Chairman of the Joint Chiefs of Staff to report on the impact of the proliferation of remotely piloted aircraft on U.S. national security interests.
Subtitle H--Other Matters
(Sec. 1281) Authorizes DOD and the State Department to enter into an agreement under which each department may provide covered support, supplies, and services on a reimbursement basis, or by exchange with the other department during a contingency operation and a transition period for up to two years following the end of the operation.
(Sec. 1282) Extends and modifies the authority of DOD to develop, manage, and execute a Non-Conventional Assisted Recovery personnel recovery program for isolated DOD, U.S. government, and other designated personnel supporting U.S. national interests worldwide. Permits the recovery of other individuals, as determined by the Secretary of Defense, when a non-conventional assisted recovery capability is already in place.
(Sec. 1283) Authorizes DOD to destroy specified U.S-origin chemical munitions located on San Jose Island, Republic of Panama.
(Sec. 1284) Specifies that DOD should carry out a program of exchanges of senior military officers and officials between the United States and Taiwan to improve military to military relations.
(Sec. 1285) Prohibits funds from being used to implement the Arms Trade Treaty until it has been ratified by the Senate and implementing legislation has been enacted.
(Sec. 1286) Prohibits the use of funds to invite, assist, or otherwise assure the participation of Cuba in certain joint or multilateral exercise or related security conferences until DOD and the State Department certify to Congress that the Cuban government and military have met specified requirements, with certain exceptions.
(Sec. 1287) Establishes a Global Engagement Center 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 U.S. national security interests.
Authorizes the center to provide grants to support civil society groups, media content providers, nongovernmental organizations, federally-funded research and development centers, private companies, or academic institutions in analyzing, reporting on, and refuting foreign disinformation efforts.
(Sec. 1288) Amends the United States International Broadcasting Act of 1994 to establish the position of Chief Executive Officer (CEO) of the Broadcasting Board of Governors (BBG).
Terminates the position of the Director of the International Broadcasting Bureau upon appointment of the CEO, and transfers all responsibilities, authorities, and immunities of the Director or the board to the CEO.
Authorizes the CEO to: (1) condition grants or cooperative agreement to RFE/RL, Inc., Radio Free Asia, and the Middle East Broadcasting Networks on authority to determine membership of their boards, and the consolidation of the entities into a single organization; (2) redirect funds and condition grants or cooperative agreements as necessary to meet the purposes of this bill subject to congressional notification requirements, and (3) change the name of the BBG after notifying Congress.
Establishes the International Broadcasting Advisory Board to provide the CEO with counsel and recommendations for improving the effectiveness and efficiency of the agency and its programming and perform other specified functions.
(Sec. 1289) Redesignates the "South China Sea Initiative" as the "Southeast Asia Maritime Security Initiative."
(Sec. 1290) Requires the President to impose specified measures against a person involved in activities that violate arms control treaties or agreements with the United States, including prohibiting agencies from entering into, renewing, or extending a contract to procure goods or services from the person.
Requires Treasury to submit to Congress a list of persons involved in sanctionable activity that will be subject to immediate sanctions.
Specifies that the sanctions exclude countries that are determined by the Director of National Intelligence to be closely cooperating with the United States on intelligence matters.
Specifies requirements for waiving or delaying the imposition of sanctions.
(Sec. 1291) Authorizes DOD, with the concurrence of the State Department, 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.
(Sec. 1292) Requires DOD and the State Department to take specified actions to enhance defense and security cooperation with India. Specifies requirements for exchanges between senior military officers and senior civilian defense officials of the United States and India.
(Sec. 1293) Specifies requirements for the coordination of efforts to develop and implement free trade agreements with Sub-Saharan African countries.
(Sec. 1294) Extends and modifies the authority to provide assistance to the governments of Tunisia and Egypt to support efforts to enhance security along borders with Libya.
(Sec. 1295) Increases the annual funding limitation of the authority for DOD to carry out research, development, test, and evaluation, on a joint basis with Israel to establish anti-tunnel defense capabilities to detect, map, and neutralize underground tunnels. Specifies requirements related to matching contributions by Israel and the use of certain funds for research, development, test, and evaluation activities in the United States.
(Sec. 1296) Maintains the prohibition on procuring military items from China 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) Requires DOD to: (1) develop a plan to improve the management and use of fees collected on transfer of defense articles under programs over which the Defense Security Cooperation Agency has administration responsibilities, and (2) establish a process for gathering input from contractors.
(Sec. 1298) Requires DOD to brief Congress on policies and guidance with respect to the education and training on human slavery and the appropriate role of Armed Forces in combatting trafficking in persons. Authorizes grants to support 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.
TITLE XIII--COOPERATIVE THREAT REDUCTION
(Sec. 1301) Specifies the Cooperative Threat Reduction (CTR) programs and authorizations of appropriations included in this bill and authorizes CTR funds to be obligated for FY2017-FY2019.
(Sec. 1302) Allocates authorizations of appropriations of funds for the CTR program in FY2017.
(Sec. 1303) Requires DOD to obligate and expend funds on CTR activities in China in semiannual installments. Specifies reporting requirements with respect to steps China has taken regarding the proliferation activities of Li Fangwei (also known as Karl Lee).
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
(Sec. 1401) Authorizes appropriations for Working Capital Funds at the levels identified in section 4501.
(Sec. 1402) Authorizes appropriations for Chemical Agents and Munitions Destruction--Defense at the levels identified in section 4501.
(Sec. 1403) Authorizes appropriations for Drug Interdiction and Counter-Drug Activities--Defense-Wide at the levels identified in section 4501.
(Sec. 1404) Authorizes appropriations for the DOD Office of the Inspector General at the levels identified in section 4501.
(Sec. 1405) Authorizes appropriations for the Defense Health Program at the levels identified in section 4501.
Subtitle B--National Defense Stockpile
(Sec. 1411) Authorizes the disposal of certain materials from and the acquisition of materials for the National Defense Stockpile (NDS).
(Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to: (1) authorize the NDS to recover, acquire, recycle, and manage the disposal of excess and recyclable strategic and critical materials containing rare earth elements (REE) from other federal agencies, including DOD; and (2) authorize the NDS Manager to fund the qualification of domestically-produced strategic materials and REE to meet the requirements of defense and essential civilian industries in times of national emergency.
Subtitle C--Chemical Demilitarization Matters
(Sec. 1421) Requires the Army to 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 DOD's conventional munitions demilitarization program.
Subtitle D--Other Matters
(Sec. 1431) Authorizes DOD to transfer funds from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the Captain James A. Lovell Health Care Center.
(Sec. 1432) Authorizes appropriations for the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
(Sec. 1501) Specifies that the purpose of this title is to authorize FY2017 appropriations for: (1) overseas contingency operations (OCO), and (2) additional funding requirements in support of base budget requirements.
(Sec. 1502) Authorizes additional appropriations for Procurement at the levels identified in sections 4102 and 4103.
(Sec. 1503) Authorizes additional appropriations for Research, Development, Test, and Evaluation at the levels identified in sections 4202 and 4203.
(Sec. 1504) Authorizes additional appropriations for Operation and Maintenance at the levels identified in sections 4302 and 4303.
(Sec. 1505) Authorizes additional appropriations for Military Personnel at the levels identified in sections 4402 and 4403.
(Sec. 1506) Authorizes additional appropriations for Defense Working Capital Funds at the levels identified in section 4502.
(Sec. 1507) Authorizes additional appropriations for Drug Interdiction and Counter-Drug Activities-- Defense-Wide at the levels identified in sections 4502 and 4503.
(Sec. 1508)) Authorizes additional appropriations for the Office of the Inspector General at the levels identified in section 4502.
(Sec. 1509) Authorizes additional appropriations for the Defense Health Program at the levels identified in section 4502.
Subtitle B--Financial Matters
(Sec. 1511) Specifies that appropriations authorized by this title are in addition to amounts otherwise authorized to be appropriated by this bill.
(Sec. 1512) Authorizes the transfer of up to $3.5 billion of the FY2017 OCO funding authorized by this title included in this title to unforeseen higher priority needs in accordance with normal reprogramming procedures.
Subtitle C--Limitations, Reports, and Other Matters
(Sec. 1521) Continues the existing limitation and restrictions on the use of funds in the Afghanistan Security Forces Fund. Extends the authority to accept certain equipment procured using the funds and to treat the equipment as DOD stocks. Continues the goal of using specified funds to support the efforts of the government of Afghanistan to recruit, train and integrate women into the Afghan National Security Forces and the requirement for a report on the plan to promote the security of Afghan women.
(Sec. 1522) Extends the use and transfer authority for the Joint Improvised Explosive Device Defeat Fund. Expands the foreign governments to whom assistance may be provided in order to counter the flow of improvised explosive device precursor chemicals. Extends the authority for interdiction of improvised explosive device precursor chemicals. Modifies and expands reporting requirements.
(Sec. 1523) Extends the authority for DOD to use specified Joint Improvised Explosive Device Defeat Fund appropriations to fund training activities for foreign security forces to defeat improvised explosive devices.
(Sec. 1524) Designates authorizations of appropriations in this title as Overseas Contingency Operations funding.
(Sec. 1525) Extends and modifies the authority for the Counterterrorism Partnerships Fund.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
(Sec. 1601) Repeals provisions that permit the use of rocket engines from Russia for the Evolved Expendable Launch Vehicle (EELV) program.
(Sec. 1602) Creates exceptions to the prohibition on contracting with Russian suppliers of rocket engines for the EELV program. Prohibits the award of a contract requiring a rocket engine designed or manufactured in Russia after December 31, 2022.
(Sec. 1603) Modifies the existing requirement for DOD to develop a next-generation rocket propulsion system that enables the transition from the use of non-allied space launch engines to a domestic alternative for national security space launches.
Requires funds for the development of the rocket propulsion system to be used only for: (1) the development of the rocket propulsion system to replace non-allied space launch engines; and (2) for the necessary interfaces to, or integration of, the rocket propulsion system with an existing or new launch vehicle.
Prohibits specified funds from being used to develop or procure a launch vehicle, an upper stage, a strap-on motor, or related infrastructure unless a specified certification and reprogramming request is submitted to Congress.
(Sec. 1604) Requires DOD to develop a plan to use allied launch vehicles to meet the requirements for achieving the policy relating to assured access to space in the event that such requirements cannot be met, for a limited period, using only launch vehicles of the United States. (The term "allied launch vehicle" excludes vehicles from Russia, China, Iran, and North Korea.)
(Sec. 1605) Specifies requirements for the scope of the analysis of alternatives for wide-band communications that DOD is required to conduct under current law. Requires the GAO to review the analysis and assess the types of analyses that DOD has conducted to understand the costs and benefits of the use of KA-band commercial satellite communications.
(Sec. 1606) Modifies the pilot program for the acquisition of commercial satellite communications services to require DOD to implement specified goals of the program by September 30, 2017.
Limits funding for the headquarters operations of the Air Force Space Command until DOD submits to Congress a plan to demonstrate that the program will achieve order-of-magnitude improvements in satellite communications capability.
(Sec. 1607) Requires DOD and the National Oceanic and Atmospheric Administration (NOAA) to jointly establish mechanisms to collaborate and coordinate in defining the roles and responsibilities of DOD and NOAA to: (1) carry out space-based environmental monitoring, and (2) plan for future nongovernmental space-based environmental monitoring capabilities.
(Sec. 1608) Requires DOD to ensure that, during the period beginning not later than 60 days after the date of the enactment of this bill and ending on September 30, 2018, the Armed Forces and each element of DOD do not use a non-allied positioning, navigation, and timing system or a service provided by such a system. Permits DOD to waive the prohibition if it is in the national security interest and is necessary to mitigate exigent operational concerns, subject to congressional notification requirements.
Requires the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence to submit to Congress an assessment of the risks to national security and to the operations and plans of DOD from using a non-allied positioning, navigation, and timing system or service provided by such a system.
(Sec. 1609) Prohibits FY2017 funds from being used for increment 3 of the Joint Space Operations Center Mission System program until the Air Force submits to Congress a specified report on the increment.
(Sec. 1610) Restricts the use of funds for the current product development contract for the Global Positioning System Next Generation Operational Control System until DOD submits to Congress the certification required under current law regarding cost growth in major defense acquisition programs (commonly referred to as a Nunn-McCurdy certification). Imposes additional limitations on spending until Congress receives certain certifications and briefings.
(Sec. 1611) Authorizes specified Air Force research, development, test, and evaluation funds from FY2015 and FY2016 to be used for specified secure voice conferencing capabilities.
(Sec. 1612) Prohibits DOD from developing or acquiring alternatives to: (1) the space-based infrared system program of record, or (2) the advanced extremely high frequency program of record, until the Commander of U.S. Strategic Command and the Director of the Space Security and Defense Program jointly submit to Congress an assessment of the resilience and mission assurance of each alternative considered for the respective programs. Includes an exception for efforts to examine and develop technology insertion opportunities for the programs.
(Sec. 1613) Requires DOD to establish a pilot program to assess the viability of commercial satellite weather data to support DOD requirements.
(Sec. 1614) Limits funding for the weather satellite follow-on program until the Air Force submits to Congress a plan to transfer, beginning with FY2018, the acquisition and funding authority for certain space-based environmental monitoring missions from the Air Force to the National Reconnaissance Office (NRO).
Requires the NRO to develop a plan to carry out certain space-based environmental monitoring missions. Authorizes the NRO to conduct certain pre-acquisition activities in FY2017 that are necessary for developing the plan.
Requires the Director of the Cost Assessment Improvement Group of the Office of the Director of National Intelligence to certify that the funding identified by the Air Force and the NRO is sufficient.
Permits the Air Force and the NRO to waive the limitation and requirement for a plan if the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chairman of the Joint Chiefs of Staff jointly certify that 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 DOD.
(Sec. 1615) Requires DOD to submit to Congress a five-year plan for the Joint Interagency Combined Space Operations Center.
(Sec. 1616) Directs DOD and the Office of Management and Budget to each report to Congress on: (1) recommendations to strengthen the leadership, management, and organization of DOD with respect to national security space activities, and (2) the findings covered in a specified GAO report regarding DOD space acquisition and oversight.
(Sec. 1617) Requires DOD to review the charter of the Operationally Responsive Space Program Office.
(Sec. 1618) Requires the Departments of Defense, Transportation, and Homeland Security to jointly 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.
(Sec. 1619) Requires DOD to report to Congress 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 DOD or the intelligence community.
(Sec. 1620) Requires the NRO to provide the GAO with timely access to the cost, schedule, and performance information that the GAO requires to conduct assessments, as required by any of the appropriate congressional committees, of the programs of the NRO.
(Sec. 1621) Requires the GAO to conduct an analysis of the cost and benefits of allowing the use of excess ballistic missile solid rocket motors for commercial space launch purposes.
(Sec. 1622) Requires DOD to seek to enter into an arrangement for an independent assessment of the acquisition strategy of the Air Force for the Global Positioning System Next Generation Operational Control System.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
(Sec. 1631) Requires the Commander of the U.S. Central Command to submit to Congress 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 U.S. Central Command.
(Sec. 1632) Prohibits specified FY2017 funds from being used for the procurement of certain supplies and equipment for the relocation of the NATO Intelligence Fusion Cell to Royal Air Force Base Croughton, United Kingdom. Requires DOD to report to Congress on the requirements and costs associated with such a relocation.
(Sec. 1633) Requires the Chairman of the Joint Chiefs to conduct: (1) a review of the Defense Intelligence Enterprise to assess the capabilities and capacity of the enterprise to meet present and future defense intelligence requirements, and (2) a survey of each geographic combatant command to determine how each prioritizes and allocates its intelligence resources.
Subtitle C--Cyberspace-Related Matters
(Sec. 1641) Authorizes special emergency procurement authority to facilitate the defense against or recovery from a cyber attack.
(Sec. 1642) Prohibits DOD from terminating the arrangement (commonly referred to as a ''dual-hat arrangement'') under which the Commander of the U.S. Cyber Command (CYBERCOM) also serves as the Director of the National Security Agency until DOD carries out a specified assessment, meets certain conditions, and certifies that the termination of the dual-hat arrangement will not pose risks to the military effectiveness of the U.S. Cyber Command that are unacceptable to the national security interests of the United States.
(Sec. 1643) Provides DOD with interim authority to take certain actions related to hiring and retaining civilian personnel for Cyber Mission Force positions until DOD has established the excepted service personnel system authorized under current law for civilians supporting DOD's cyber mission.
Directs the Principal Cyber Advisor to (1) supervise the development of training standards and capacity to train civilian cyber personnel to develop tools and weapons for the Cyber Mission Forces, and (2) ensure that sufficient priority exists for the timely completion of security clearance investigations and adjudications for such personnel.
(Sec. 1644) Requires DOD to: (1) enter into agreements with each combatant command relating to the use of cyber opposition forces by September 30, 2017; (2) issue a joint training and certification standard for use by all cyber opposition forces within DOD by March 31, 2017; and (3) issue a joint training and certification standard for the protection of control systems for use by all cyber operations forces within DOD by June 30, 2017.
(Sec. 1645) Authorizes DOD to provide cyber protection support to personnel that occupy DOD positions that are highly vulnerable to cyberattack.
(Sec. 1646) Prohibits any DOD service or agency from declaring full operational capability for deployment of joint regional security stacks until the service or agency has completed operational test and evaluation activities to determine the effectiveness, suitability, and survivability of the system. Permits the requirement to be waived under certain circumstances.
(Sec. 1647) Requires to DOD to establish an advisory committee to review, assess, and make recommendations with respect to industrial security and industrial base policy.
(Sec. 1648) Changes the name of the "Information Resources Management College" to the "College of Information and Cyberspace."
(Sec. 1649) Modifies the requirements for evaluating the cyber vulnerabilities of the F-35 aircraft and support systems.
(Sec. 1650) Requires DOD to: (1) submit to Congress a plan to evaluate the cyber vulnerabilities of DOD critical infrastructure; and (2) carry out a pilot program to assess the feasibility and advisability of applying new, innovative methodologies or engineering approaches to address and prevent cyberattacks.
(Sec. 1651) Requires the Army to provide Congress with a briefing on a strategy for incorporating reserve component cyber protection teams into the DOD cyber mission force.
(Sec. 1652) Requires the Defense Information Systems Agency to develop a strategic plan that reviews the requirements and missions of the agency, and assesses the adequacy of the technology strategy, workforce, and facilities to meet those requirements.
(Sec. 1653) Requires the Chief Information Officer of DOD and the Commander of the U.S. Cyber Command to jointly develop and implement a plan for a modernized, enterprise-wide information security continuous monitoring capability and a comply-to-connect policy. Requires the plan and policy required by this provision to comply with specified software license inventory requirements.
Limits the availability of DOD funds for certain software licenses unless DOD is able through automated means to both count the number of licenses in use and determine the security status of each instance of use of the software license.
(Sec. 1654) Requires DOD to submit to the President and Congress 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. Requires the President to submit to Congress a report describing the types of actions carried out in cyberspace against the United States that may warrant a military response.
(Sec. 1655) Expresses 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) Amends the statutory charter of the National Leadership Command, Control, and Communications System Council to add to its responsibilities: (1) the oversight of the Integrated Tactical Warning and Attack Assessment system, and (2) the continuity of government functions of DOD.
Requires the council to: (1) submit to Congress a report reviewing potential changes to the architectures of certain Air Force space systems; (2) notify Congress and wait at least one year before making any changes to systems that would reduce the strategic missile attack warning time provided to the national leadership of the United States; (3) determine annually 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; and (4) report to Congress on an assessment of the readiness of the command, control, and communications system for the national leadership of the United States.
(Sec. 1662) Authorizes DOD to designate information as being DOD critical infrastructure security information to ensure that the information is not disseminated without authorization. Requires certain critical infrastructure security information that is provided to a state or local government to remain under the control of DOD. Specifies that a state or local law authorizing or requiring a state or local government to disclose the information does not apply to such information, and any request for disclosure must be provided to DOD to determine whether to exempt the information from disclosure.
(Sec. 1663) Authorizes specified Missile Procurement--Air Force funds to be used for the procurement of certain commercially available parts for intercontinental ballistic missile fuzes.
(Sec. 1664) Prohibits FY2017 or FY2018 funds from being used for a mobile variant of the ground-based strategic deterrent missile.
(Sec. 1665) Prohibits funds from being used to extend the New START Treaty until: (1) the Chairman of the Joint Chiefs of Staff submits a specified report to Congress, and (2) the Director of National Intelligence submits to Congress a specified National Intelligence Estimate.
(Sec. 1666) Requires the Commander of the U.S. Strategic Command to certify to Congress and the Secretary of Defense 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.
Specifies that if the Commander is unable to make the required certifications, the Air Force must immediately consolidate the terrestrial and aerial components of the integrated tactical warning and attack assessment system of the Air Force that are survivable and enduring under the Air Force Global Strike Command.
(Sec. 1667) Prohibits funds from being used for reducing or preparing to reduce: (1) the responsiveness or alert level of the intercontinental ballistic missiles of the United States, (2) or the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
Includes exceptions for: (1) the maintenance or sustainment of intercontinental ballistic missiles; (2) ensuring the safety, security, or reliability of intercontinental ballistic missiles; and (3) reductions that comply with the New START Treaty and specified provisions under current law.
(Sec. 1668) Requires DOD to: (1) follow an expedited process to decide if the land-based missile fields using UH-1N helicopters meet security requirements and if there are any shortfalls or gaps in meeting the requirements, and (2) report to Congress on the decision relating to a request for forces.
Limits the availability of funds for the travel and representational expenses of the Under Secretary of Defense for Acquisition, Technology, and Logistics until the Under Secretary certifies to Congress that there is an acquisition process in place to ensure that a UH-1N replacement aircraft is under contract in FY2018.
(Sec. 1669) Requires the Director of National Intelligence to submit to Congress, 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 China and Russia.
(Sec. 1670) Requires the GAO to review DOD's nuclear enterprise review process to ascertain whether recommendations are adequately being implemented.
(Sec. 1671) Expresses the sense of Congress regarding nuclear deterrence.
(Sec. 1672) Expresses the sense of Congress regarding the importance of the independent nuclear deterrent of the United Kingdom.
Subtitle E--Missile Defense Programs
(Sec. 1681) Revises the national missile defense policy. Specifies that 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.
(Sec. 1682) Extends until January 1, 2019, the prohibitions regarding sharing certain missile defense information with Russia and integrating U.S. missile defenses with Russian or Chinese systems.
(Sec. 1683) Modifies reporting requirements for the plan to develop one or more programs of record for a space-based missile intercept layer. Authorizes DOD to commence coordination and activities associated with research, development, test, and evaluation on the programs not later than 60 days after the report is submitted.
(Sec. 1684) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to jointly conduct a new review of the missile defeat capability, policy, and strategy of the United States with respect to left- and right-of-launch ballistic missile defense, the integration of offensive and defensive forces for the defeat of ballistic missiles, and the cruise missile defense of the homeland. Specifies related reporting and notification requirements for specified officials and entities within DOD.
Prohibits DOD from changing the non-standard acquisition authorities of the Missile Defense Agency until after Congress is notified.
Requires DOD to designate a military department or defense agency with acquisition authority with respect to: (1) the capability to defend the homeland from cruise missiles, and (2) left-of-launch ballistic missile defeat capability.
(Sec. 1685) Requires DOD to continue the development, procurement, and deployment of anti-air warfare capabilities at each Aegis Ashore site in Romania and Poland.
Requires DOD to evaluate the optimal anti-air warfare capability for each current Aegis Ashore site and as part of the future deployment of an Aegis Ashore site.
Requires the Secretary of Defense and the Chairman of the Joint Chiefs to submit to Congress an evaluation of: (1) the ballistic missile and air threat against the continental United States and the efficacy of deploying one or more Aegis Ashore sites and Aegis Ashore components for the ballistic and cruise missile defense of the continental United States; and (2) the ballistic missile and air threat against Guam, and the cost and efficacy of deploying Aegis Ashore there.
Prohibits DOD from reducing the manning levels or test capability of the Aegis Ashore site on the Pacific Missile Range Facility (PMRF) in Hawaii or putting the site into a ''cold'' or ''stand by'' status.
Requires the Missile Defense Agency (MDA) to notify Congress if the preferred alternative for fielding a medium-range ballistic missile defense sensor for the defense of Hawaii would require any study or assessment pursuant to the National Environmental Policy Act of 1969 (NEPA). Requires the MDA to initiate the study or analysis not later than 60 days after the notification.
R equires the Secretary and the Chairman to jointly submit to Congress an evaluation of the ballistic and air threat to Hawaii; the efficacy of making the Aegis Asho re site at PMRF operational; deploying the preferred alternative for fielding a medium-range ballistic missile defense sensor for the defense of Hawaii; and any other alternatives.
(Sec. 1686) Specifies that the Director of the Missile Defense Agency (MDA) is the DOD technical authority for integrated air and missile defense activities and programs. Permits the Director to obtain specified detailees from the Joint Functional Component Command for Integrated Missile Defense and the Joint Integrated Air and Missile Defense Organization, as necessary for technical authority responsibilities.
(Sec. 1687) Directs the Director of the Missile Defense Agency to serve as the executive agent for DOD for the development of a capability to counter hypersonic boost-glide vehicle capabilities and conventional prompt global strike capabilities that may be employed against the U.S., its allies, and U.S. deployed forces; and establish a program of record for such capability not later than September 30, 2017. Requires reports to Congress on the architecture and sensors needed to detect hypersonic threats and on the military capabilities and capability gaps related to the threat posed by hypersonic boost-glide vehicles and maneuvering ballistic missiles.
(Sec. 1688) Requires DOD to make a Milestone A decision for Conventional Prompt Global Strike no later than the earlier of: (1) September 30, 2020; or (2) 240 days after the successful completion of the Intermediate Range Flight 2 test.
Limits funding for the conventional prompt global strike capability until specified DOD officials report to Congress 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 supports such requirements and integrated priorities lists submissions.
(Sec. 1689) Requires the MDA to administer a flight test of the ground-based mid-course defense element of the ballistic missile defense system at least once a year.
(Sec. 1690) Authorizes specified funds for the MDA to provide to the government of Israel to procure Tamir interceptors for the Iron Dome short-range rocket defense system through co-production of such interceptors in the United States.
Makes the funds subject to the terms, conditions, and coproduction targets specified in a bilateral international agreement amending 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.''
Requires the Director of the MDA and the Under Secretary of Defense for Acquisition, Technology, and Logistics, prior to disbursing the funds, to submit to Congress a certification that the bilateral international agreement is being implemented and an assessment of any risks relating to the implementation.
Authorizes appropriations for procurement and coproduction of the David's Sling Weapon System and the Arrow 3 Upper Tier missile defense system, subject to specified terms and conditions.
(Sec. 1691) Limits funding for the Patriot lower tier air and missile defense capability of the Army until specified certifications and reports are submitted to Congress.
(Sec. 1692) Requires the MDA to carry out a pilot program to implement improvements to the data protection options in the programs of the MDA (including the contractors of the agency), particularly with respect to unclassified, controlled technical information and controlled unclassified information.
(Sec. 1693) Requires the MDA to develop a plan to: (1) 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 (2) field the radar or equivalent sensor by December 31, 2021.
Requires the MDA to issue a request for proposals for a medium-range discrimination radar or equivalent sensor.
(Sec. 1694) Requires the Director of Cost Assessment and Program Evaluation to report to Congress on the ground-based midcourse defense system. Requires the MDA to report to Congress on transportable ground-based interceptors.
(Sec. 1695) Requires the MDA to notify Congress semiannually regarding certain matters related to missile defense tests and costs.
(Sec. 1696) Requires the MDA to submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and Congress a report on the unfunded priorities of the MDA.
Subtitle F--Other Matters
(Sec. 1697) Authorizes DOD to take actions that are necessary to mitigate the threat, in consultation with the Department of Transportation, that an unmanned aircraft system or unmanned aircraft poses to the safety or security of certain facilities or asset. Specifies the actions that are authorized.
(Sec. 1698) Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from permitting commercial terrestrial operations in the 1525-1559 megahertz band or the 1626.5-1660.5 megahertz band until 90 days after the FCC resolves concerns of widespread harmful interference by the operations in the band to DOD Global Position System (GPS) devices.
Requires DOD to: (1) assess the ability of DOD GPS devices to receive signals from GPS satellites without widespread harmful interference, and (2) determine if commercial communications services are causing or will cause widespread harmful interference with DOD GPS devices.
Guam World War II Loyalty Recognition Act
TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
(Sec. 1702) Recognizes the suffering and the loyalty of the residents of Guam during the Japanese occupation of Guam in World War II.
(Sec. 1703) Directs the Department of the Treasury to establish a fund for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents.
(Sec. 1704) Directs Treasury to make specified payments to: (1) living Guam residents who were raped, severely injured, interned, subjected to forced labor or marches, or forced to hide to evade internment, as a result of, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war (after payments have been made to surviving Guam residents).
(Sec. 1705) Directs the Foreign Claims Settlement Commission to adjudicate claims and determine the eligibility of individuals for payments. Specifies procedures and requirements for filing claims, adjudicating claims, and making payments.
(Sec. 1706) Requires the Department of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II or honor the loyalty of the people of Guam during such occupation.
(Sec. 1707) Authorizes appropriations for: (1) Guam World War II Claims Payments and Adjudication, and (2) the Guam World War II Grants Program.
TITLE XVIII--MATTERS RELATING TO SMALL BUSINESS PROCUREMENT
Subtitle A--Improving Transparency and Clarity for Small Businesses
(Sec. 1801) Amends requirements for small business procurements included in the Small Business Act to reorganize the section and modernize the terms used, consistent with other sections of the U.S. Code.
(Sec. 1802) Requires the General Services Administration to issue an annual report on the share of total contract value awarded to small businesses. Requires the report to include all procurements made for the period covered by the report without excluding any contract awarded.
Subtitle B--Clarifying the Roles of Small Business Advocates
(Sec. 1811) Specifies that procurement center representatives of the Small Business Administration (SBA) review consolidated contracts or task orders that are fully or partially set aside or reserved for small business.
Specifies that: (1) procurement center representatives may not review contracts awarded pursuant to status of forces agreements or DOD contracts awarded and performed overseas, and (2) contracts excluded from procurement center representative review may not be included in any calculation of DOD's attainment of the small business goals established in the Small Business Act.
(Sec. 1812) Revises the duties of the Offices of Small and Disadvantaged Business Utilization in federal agencies. Authorizes the offices to: (1) provide assistance to service-disabled veteran-owned small businesses and participants in the Historically Underutilized Business Zone program, and (2) review annual summaries of government credit card purchases to ensure compliance with the Small Business Act.
(Sec. 1813) Requires the Offices of Small and Disadvantaged Business Utilization to provide assistance to small business contractors in finding resources for education and training on compliance with contracting regulations after a contract is awarded.
Requires the SBA to provide to small business development centers, entities participating in the Procurement Technical Assistance Cooperative Agreement Program, and on the website of the SBA a list of resources for small business concerns seeking education and assistance on compliance with contracting regulations.
Requires any mentor-protege agreement approved by DOD or the SBA to address the provision of compliance assistance to the protege firm.
(Sec. 1814) Requires the SBA to annually share a list of regulatory changes affecting small business contracting with entities responsible for training acquisition personnel and to entities providing technical assistance to small contractors. Requires the applicable entities to periodically update training materials.
Subtitle C--Strengthening Opportunities for Competition in Subcontracting
(Sec. 1821) Specifies that the failure to provide contractual documentation showing compliance with a subcontracting plan is a material contract breach. Authorizes Offices of Small and Disadvantaged Business Utilization to review subcontracting plans. Requires the SBA to provide examples of activities that would be considered a failure to make a good-faith effort to comply with a subcontracting plan.
(Sec. 1822) Establishes a three-year pilot program provide opportunities for qualified contractors to obtain past performance ratings from the SBA.
(Sec. 1823) Requires the SBA to determine whether a prospective protege firm is affiliated with its proposed mentor prior to approval of a mentor-protege agreement. Removes the same requirement from DOD.
Subtitle D--Miscellaneous Provisions
(Sec. 1831) Revises the definition of an agricultural enterprise included in the Small Business Act. Authorizes the SBA to establish different size standards for various types of agricultural enterprises using the existing method and appeals process by which the SBA establishes other size standards.
(Sec. 1832) Standardizes definitions for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs). Requires the Department of Veterans Affairs (VA) to use the regulations established by the SBA for establishing ownership and control of VOSBs and SDVOSBs. Authorizes the Office of Hearings and Appeals of the SBA to decide challenges to the status of a VOSB or SDVOSB based upon issues of ownership or control.
(Sec. 1833) Specifies that the SBA Office of Hearings and Appeals only hears appeals regarding programs found in the Small Business Act.
(Sec. 1834) Amends the Small Business Act to extend the Small Business Innovation Research and Small Business Technology Transfer programs.
(Sec. 1835) Requires the SBA to issue guidance with respect to changes to the Small Business Act made in this title.
Subtitle E--Improving Cyber Preparedness for Small Businesses
(Sec. 1841) Amends the Homeland Security Act of 2002 to permit the Department of Homeland Security to provide assistance to Small Business Development Centers (SBDCs) in the form of training and dissemination of information on cybersecurity.
(Sec. 1842) Establishes requirements and authorities for the role of SBDCs with respect to cybersecurity and preparedness.
(Sec. 1843) Amends the Small Business Act to permit DHS, and another federal department or agency in coordination with DHS, to assist SBDCs, through the dissemination of cybersecurity risk information and other homeland security information, to help small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees.
(Sec. 1844) Specifies that no additional funds are authorized to be appropriated to carry out sections 1841 through 1843 of this bill or the amendments made by the sections.
TITLE XIX--DEPARTMENT OF HOMELAND SECURITY COORDINATION
(Sec. 1901) Authorizes DHS to establish and operate departmental joint task forces to conduct joint operations using personnel and capabilities of the department for: (1) securing the land and maritime borders of the United States, (2) homeland security crises, and (3) establishing regionally-based operations.
Requires DHS to establish outcome-based and other appropriate performance metrics to evaluate the effectiveness of each joint task force.
Requires DHS to establish a joint duty program in the department to enhance coordination within the department and promote workforce professional development. Requires the program to be tailored to improve joint operations as part of the joint task forces.
(Sec. 1902) Establishes within DHS an Office of Strategy, Policy, and Plans to be headed by an Under Secretary for Strategy, Policy, and Plans. Specifies functions and duties of the Under Secretary.
(Sec. 1903) Specifies that the Under Secretary for Management is the first assistant to the Deputy Secretary of Homeland Security and specifies responsibilities for the position. Requires the Under Secretary of Management to: (1) submit to Congress specified details regarding waivers for conducting business with suspended or debarred contractors, and (2) require all department contracting and grant officials to 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.
Requires DHS to notify Congress of vacancies in certain senior positions and authorizes the Secretary of Homeland Security to designate other officers further in succession to serve as Acting Secretary.
(Sec. 1904) Sets forth the responsibilities for the Chief Human Capital Officer of DHS and specifies that the officer reports directly to the Under Secretary for Management. Requires each component of DHS to develop a five-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.
(Sec. 1905) Requires the Federal Emergency Management Agency to 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 specified federal grant awards under the Urban Area Security Initiative and the State Homeland Security Grant Program.
(Sec. 1906) Requires DHS to maintain a detailed list containing specified information regarding research and development programs.
(Sec. 1907) Requires the President to review 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.
(Sec. 1908) Requires the President to: (1) submit to Congress a national strategy to combat terrorist travel and specified updates to the strategy, (2) direct each relevant agency to develop implementation plans for the strategy, and (3) submit an implementation plan to Congress.
(Sec. 1909) Authorizes the DHS National Operations Center to enter into agreements with other federal operations centers and other homeland security partners, as appropriate, to facilitate the sharing of information.
Requires DHS to establish a position, on a rotating basis, for a representative of state and local emergency responders at the National Operations Center to ensure the effective sharing of information between the federal government and state and local emergency response services.
(Sec. 1910) Requires DHS to submit to Congress a comprehensive three-year strategy for DHS international programs in which personnel and resources are deployed abroad for vetting and screening of persons seeking to enter the United States.
(Sec. 1911) Modifies membership requirements for planning committees or working groups required to be established by states and high-risk urban areas receiving State Homeland Security Grant Program and Urban Area Security Initiative funding. Specifies that membership should include stakeholders representing local and tribal government officials, emergency response providers, public health, educational institutions, state and regional interoperable communications coordinators, and fusion centers, as appropriate. (Under current law, local and tribal government officials and emergency response providers are required to be represented).
(Sec. 1912) Requires DHS to develop a departmental strategy to carry out cybersecurity responsibilities as set forth in law.
(Sec. 1913) Requires DHS to develop, regularly update, and submit to Congress a strategy to protect critical infrastructure against threats of geomagnetic disturbance (GMD) and electromagnetic pulse (EMP) and, to the extent practicable, to perform research and development and incident response planning to mitigate the consequences of threats of EMP and GMD.
Military Construction Authorization Act for Fiscal Year 2017
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
(Sec. 2002) Specifies that the authorizations provided in titles XXI through XXVII and title XXIX of this bill expire on October 1, 2019, or the date of enactment of an act authorizing funds for military construction for FY2020, whichever is later.
(Sec. 2003) Specifies that titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX of this bill take effect on October 1, 2016, or the date of enactment of this bill, whichever is later.
TITLE XXI--ARMY MILITARY CONSTRUCTION
(Sec. 2101) Authorizes specified Army construction and land acquisition projects.
(Sec. 2102) Authorizes new construction and planning and design of family housing units for the Army.
(Sec. 2103) Authorizes appropriations for Army military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2104) Modifies the authorization for construction of an aircraft maintenance hangar at Joint Base Lewis-McChord, Washington, to permit the Army to construct an aircraft washing apron.
(Sec. 2105) Extends the authorizations for specified FY2013 projects.
(Sec. 2106) Extends the authorizations for specified FY2014 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
(Sec. 2201) Authorizes specified Navy construction and land acquisition projects.
(Sec. 2202) Authorizes new construction and planning and design of family housing units for the Navy.
(Sec. 2203) Authorizes the Navy to make improvements to existing units of family housing.
(Sec. 2204) Authorizes appropriations for Navy military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2205) Modifies the authorization for the construction of a water transmission line in Pearl City, Hawaii, to permit the Navy to construct a specified water transmission line as part of the network required to provide the main water supply to Joint Base Pearl Harbor-Hickam, Hawaii.
(Sec. 2206) Extends the authorizations of specified FY2013 projects.
(Sec. 2207) Extends the authorizations of specified FY2014 projects.
(Sec. 2208) Requires the Navy to report to Congress regarding the status of the implementation of the "net negative" policy regarding the total number of acres of the real property controlled by Navy on Guam. (The "net negative" policy provides that the relocation of Marines to Guam in 2011 will not cause the total number of acres of real property controlled by the Navy on Guam upon the completion of the relocation to exceed the total number of acres of real property controlled by the Navy on Guam prior to the relocation.)
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
(Sec. 2301) Authorizes specified Air Force construction and land acquisition projects.
(Sec. 2302) Authorizes new construction and planning and design of family housing units for the Air Force.
(Sec. 2303) Authorizes the Air Force to make improvements to existing units of family housing.
(Sec. 2304) Authorizes appropriations for Air Force military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2305) Modifies the authorization for Malmstrom Air Force Base, Montana, for construction of a Tactical Response Force Alert Facility to permit the Air Force to construct an emergency power generator system consistent with the Air Force's construction guidelines.
(Sec. 2306) Extends the authorization for a specified project at Lajes Field, Portugal.
(Sec. 2307) Extends the authorization for the Guardian Angel Operations Facility at the Aviano Air Base in Italy.
(Sec. 2308) Prohibits the Air Force from using funds to acquire property or interests in property at an unspecified location in the Commonwealth of the Northern Mariana Islands until it submits to Congress a report that provides the location and other specified details.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
(Sec. 2401) Authorizes specified construction and land acquisition projects for defense agencies.
(Sec. 2402) Authorizes DOD to carry out specified energy conservation projects.
(Sec. 2403) Authorizes appropriations for military construction, land acquisition, and military family housing functions of defense agencies at the levels identified in section 4601.
(Sec. 2404) Modifies the authorization for Royal Air Force Lakenheath, United Kingdom, for construction of a high school to permit DOD to construct a combined middle/high school.
(Sec. 2405) Extends the authorizations of specified FY2013 projects.
(Sec. 2406) Extends the authorizations of specified FY2014 projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment Program
(Sec. 2501) Authorizes DOD to make specified contributions to the North Atlantic Treaty Organization Security equal to the sum of amount authorized in section 2502 and the amount collected from NATO for construction previously financed by the United States.
(Sec. 2502) Authorizes appropriations for the North Atlantic Treaty Organization Security Investment Program at the levels identified in section 4601
Subtitle B--Host Country In-Kind Contributions
(Sec. 2511) Authorizes DOD to accept specified military construction projects from the Republic of Korea as in-kind contributions.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
(Sec. 2601) Authorizes specified construction and land acquisition projects for the Army National Guard.
(Sec. 2602) Authorizes specified construction and land acquisition projects for the Army Reserve.
(Sec. 2603) Authorizes specified construction and land acquisition projects for the Navy and Marine Corps Reserve.
(Sec. 2604) Authorizes specified construction and land acquisition projects for the Air National Guard.
(Sec. 2605) Authorizes specified construction and land acquisition projects for the Air Force Reserve.
(Sec. 2606) Authorize appropriations for the National Guard and Reserve military construction at the levels identified in section 4601.
Subtitle B--Other Matters
(Sec. 2611) Modifies the authorization for construction of a new Army Reserve Center in Bullville, New York, to permit the Army to add to or alter the existing Army Reserve Center at Bullville, New York.
(Sec. 2612) Modifies the authorization for construction of a Reserve Training Center in Pittsburgh, Pennsylvania, to permit the Navy to acquire specified adjacent land, obtain necessary interest in the land, and construct road improvements and associated supporting facilities to provide required access to the Reserve Training Center.
(Sec. 2613) Modifies the authorization for the construction of an Army Reserve Center/Aviation Support Facility for MacDill Air Force Base, Florida, to permit the Army to relocate and construct replacement skeet and grenade launcher ranges necessary to clear the site for the new Army Reserve facilities.
(Sec. 2614) Extends the FY2013 authorization for the Joint Reserve Center in Fort Des Moines, Iowa.
(Sec. 2615) Extends the authorizations for specified FY2014 National Guard and Reserve projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
(Sec. 2701) Authorizes appropriations for ongoing Base Realignment and Closure (BRAC) activities at the levels identified in section 4601.
(Sec. 2702) Specifies that nothing in this bill authorizes an additional BRAC round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
(Sec. 2801) Increases the minor military construction threshold for laboratory revitalization projects. Eliminates requirements for review and approval by the Secretary of Defense and adds requirements for congressional notification and a wait-period. Extends the authorization through 2025.
(Sec. 2802) Reclassifies facility conversion projects as repair projects to allow all work within the existing dimensions of a facility to be considered repair.
(Sec. 2803) Authorizes DOD to increase the scope of military construction projects by up to 10% above the amount authorized by Congress after notifying the appropriate congressional committees.
(Sec. 2804) Extends the authority for DOD to use funds appropriated for Operation and Maintenance for military construction to meet temporary operational requirements during a time of declared war, national emergency, or contingency operation.
(Sec. 2805) Revises congressional notification and reporting requirements for certain energy conservation construction projects. Expands the authority of the Energy Conservation Investment Program to include resiliency projects.
(Sec. 2806) Expands the defense laboratory modernization pilot program to include a DOD research, development, test, and evaluation facility that is not designated as a Science and Technology Reinvention Laboratory, but is involved with developmental test and evaluation.
(Sec. 2807) Extends the authority to accept and use contributions from the government of Kuwait for certain infrastructure projects that are mutually beneficial to DOD and Kuwait Military Forces.
Subtitle B--Real Property and Facilities Administration
(Sec. 2811) Establishes a congressional notification requirement for payment in-kind and in-kind contributions used for overseas military construction projects. Repeals the authorization requirement for the projects established by the Carl Levin and Howard P. ''Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015.
(Sec. 2812) Authorizes the Secretary of a military department to allot space and services on military installations to local agencies administering the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to service members and their families.
(Sec. 2813) Expresses the sense of Congress that stormwater systems and components are included within the meaning of ''wastewater system'' under the DOD authority for conveyance of utility systems.
(Sec. 2814) Requires DOD to submit to Congress and the GAO to review a report that includes an update of the July 2011 assessment of public schools on military installations.
(Sec. 2815) Prohibits DOD from signing a memorandum of agreement with another federal agency to provide temporary housing support unless DOD certifies to Congress that the use of the facilities will not negatively affect military training, operations, readiness, or other military requirements, including National Guard and Reserve readiness.
Subtitle C--Land Conveyances
(Sec. 2821) Authorizes the Air Force to convey specified parcels of real property: (1) near Gulkana Village, Alaska, and the High Frequency Active Auroral Research Program Facility to the University of Alaska for consideration; and (2) near Gulkana Village, Alaska, to the Alaska Native Corporation.
(Sec. 2822) Authorizes the Air Force to convey, without consideration, specified acres of the remaining public land currently withdrawn by the Air Force at the former Campion Air Force Station, Alaska, to the town of Galena, Alaska, for public purposes.
(Sec. 2823) Authorizes the Air Force to lease specified properties located at Joint Base Elmendorf-Richardson, Alaska, to: (1) the municipality of Anchorage, Alaska, to use the leased property for recreational purposes; and (2) the Mountain View Lions Club for the installation, operation, maintenance, protection, repair, and removal of recreational equipment. Specifies terms and conditions for the leases.
(Sec. 2824) Provides for the transfer of administrative jurisdiction of property at Navajo Army Depot, Arizona, to the Department of the Army for the purposes of continued military operations.
(Sec. 2825) Authorizes the Navy to exchange specified land in San Diego, California, that contains parking spaces, with the San Diego Unified Port District in return for property of equal value, and without encumbrances, that provides the rights to an equivalent number of parking spaces,
(Sec. 2826) Authorizes the Air Force to release any and all exceptions, limitations, and conditions specified by the United States in the deeds conveying specified real property in Okaloosa County, Florida, which were conveyed to the Air Force Enlisted Mens' Widows and Dependents Home Foundations, Incorporated.
(Sec. 2827) Authorizes the Army to exchange land at Fort Hood, Texas, with the city of Copperas Cove, Texas, to support the city's efforts to improve arterial transportation routes in the vicinity of Fort Hood and to promote economic development.
(Sec. 2828) Authorizes the Army to convey, without consideration, to the Laredo Community College all right, title, and interest of the United States in and to the Historic Building, P-36 Quartermaster Warehouse, at Colbern U.S. Army Reserve Center, Laredo, Texas.
(Sec. 2829) Authorizes the Department of the Interior to convey, without consideration, to Utah all right, title, and interest of the United States in and to a parcel of public land in St. George, Utah, for the purpose of permitting the Utah National Guard to use the land for military purposes.
(Sec. 2829A) Authorizes the Army to acquire specified land from Arlington County, Virginia and the Commonwealth of Virginia for the expansion of Arlington National Cemetery in order to maximize the number of interment sites and the compatible use of adjacent properties.
(Sec. 2829B) Authorizes the Department of Transportation to release, for consideration, to the Port of Benton all remaining right, title, and interest of the United States in and to a parcel of real property in Richland, Washington.
(Sec. 2829C) Amends the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 to modify the terms of the land conveyance related to the Rocky Mountain Arsenal National Wildlife Refuge.
(Sec. 2829D) Requires the Federal Aviation Administration to 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 FAA. Specifies requirements for the release of the restrictions.
(Sec. 2829E) Transfers the administrative jurisdiction of the Fort Belvoir Mark Center Campus from the Secretary of the Army to the Secretary of Defense.
(Sec. 2829F) Requires all U.S. interest in and to specified lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, to be transferred to the Department of the Interior to be held in trust for: (1) the Zuni Tribe as part of the Zuni Reservation, unless the tribe elects to have the parcel conveyed to it in restricted fee status; and (2) the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have the parcel conveyed to it in restricted fee status. Specifies terms and conditions for the conveyances.
Subtitle D--Military Memorials, Monuments, and Museums
(Sec. 2831) Authorizes DOD to establish the Cyber Center for Education and Innovation--Home of the National Cryptologic Museum at Fort George G. Meade.
(Sec. 2832) Changes the name of the "John W. Berry, Sr. Wright Brothers Aviation Center" in Dayton, Ohio, to the "John W. Berry, Sr. Wright Brothers National Museum."
(Sec. 2833) Authorizes DOD to provide specified funds 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.
(Sec. 2834) Authorizes Interior to acquire the land and interest in land from willing sellers and without use of condemnation, to expand the boundary of the Petersburg National Battlefield. Authorizes a specified land swap between Interior and the Army.
Subtitle E--Designations and Other Matters
(Sec. 2841) Designates the cantonment area at Moffett Federal Airfield, California, utilized by the California Air National Guard as Moffett Air National Guard Base.
(Sec. 2842) Changes the name of the Mike O'Callaghan Federal Medical Center to the Mike O'Callaghan Military Medical Center.
(Sec. 2843) Authorizes the Army and the Department of the Interior to enter into a cooperative agreement with the Cochise Conservation Recharge Network, Arizona, in support of efforts to replenish the regional aquifer identified in the National Defense Authorization Act for Fiscal Year 2004.
(Sec. 2844) Amends the restrictions placed on the development of civilian infrastructure on Guam to support the realignment of Marine Corps Forces in the Asia-Pacific region to allow the use of funds for infrastructure projects that are identified in the report of the Economic Adjustment Committee required by the National Defense Authorization Act for Fiscal Year 2014. Applies the exemption to projects intended to improve: (1) water and wastewater systems, or (2) curation of archeological and cultural artifacts.
(Sec. 2845) Amends the Military Construction Authorization Act for Fiscal Year 2014 to extend the duration of the public land withdrawal for the Naval Air Weapons Station, China Lake, California from March 31, 2039, to March 31, 2064.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
(Sec. 2901) Authorizes specified Overseas Contingency Operations (OCO) construction and land acquisition projects for the Navy.
(Sec. 2902) Authorizes specified OCO construction and land acquisition projects for the Air Force.
(Sec. 2903) Authorizes appropriations for OCO military construction at the levels identified in sections 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) Provides the definitions for terms used in this subtitle.
(Sec. 3002) Requires the Air Force and the Department of the Interior to enter into a memorandum of agreement that authorizes the Air Force to impose limited closures of specified Bureau of Land Management (BLM) land for military operations and national security and public safety purposes at the Utah Test and Training Range.
(Sec. 3003) Authorizes the Air Force to take necessary actions to temporarily close any road, trail, or other portion of the BLM land in the Utah Test and Training Range for military operations, public safety, or national security.
(Sec. 3004) Prohibits the United States from being held liable for an injury or damage to any individual or property suffered in the course of any mining, mineral, or geothermal activity, or any other authorized non-defense-related activity conducted on the BLM land.
(Sec. 3005) Establishes the Utah Test and Training Range Community Resource Advisory Group to provide regular and continuing input to Interior and the Air Force on matters involving public access to, use of, and overall management of the BLM land.
(Sec. 3006) Specifies that nothing in this subtitle affects existing training or weapons impact areas, military special use airspace, special recreational areas, historical trails, water rights, federally recognized Indian tribes, and other specified laws.
Subtitle B--Bureau of Land Management Land Exchange With State of Utah
(Sec. 3011) Defines the terms used in this subtitle.
(Sec. 3012) Authorizes Interior to exchange with Utah all right, title, and interest of the United States in and to certain federal land for all right, title, and interest in and to certain non-federal land.
(Sec. 3013) Requires the non-federal land transferred to the United States to be added to and administered as part of the Cedar Mountain Wilderness.
(Sec. 3014) Specifies that the cost of remedial actions related to hazardous materials on land acquired under this subtitle shall be paid by those entities responsible for the cost under applicable law.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
(Sec. 3101) Authorizes appropriations to the Department of Energy (DOE) for the National Nuclear Security Administration (NNSA) at the levels identified in section 4701 of this bill. Authorizes new plant projects for the NNSA at specified locations.
(Sec. 3102) Authorizes appropriations to DOE for Defense Environmental Cleanup activities at the levels identified in section 4701 of this bill.
(Sec. 3103) Authorizes appropriations to DOE for Other Defense Activities in carrying out programs as specified in section 4701 of this bill.
(Sec. 3104) Authorizes appropriations to DOE for nuclear energy as specified in section 4701 of this bill.
Subtitle B--Program Authorizations, Restrictions, and Limitations
(Sec. 3111) Requires the Administrator for Nuclear Security and the Assistant Secretary of Energy for Environmental Management to ensure that an independent entity reviews capital assets acquisition projects that have a total project cost of more than $500 million at various phases of the acquisition process.
(Sec. 3112) Authorizes DOE to take actions that are necessary to mitigate the threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of certain facilities or assets. Specifies the actions that are authorized.
(Sec. 3113) Requires the NNSA to: (1) complete implementation of a common financial system for the nuclear security enterprise no later than four years after the date of enactment of this bill, and (2) report annually to Congress on the progress toward implementing a common financial system.
(Sec. 3114) Requires DOE to submit to Congress a rough estimate of the total life cycle cost of the cleanup of tank waste at Hanford Nuclear Reservation, Richland, Washington.
(Sec. 3115) Requires DOE to annually certify to Congress that the management and operating contractors of the nuclear security enterprise have certified to the Administrator for Nuclear Security that they are aware of the contents of each container shipped by the contractor to the Waste Isolation Pilot Plant, Carlsbad, New Mexico, in sufficient detail.
(Sec. 3116) Requires the Secretary of Energy to enter into an arrangement with the Chief of Engineers to act as an owner's agent for DOE with respect to its Mixed Oxide Fuel (MOX) Fabrication Facility (MFFF) construction project. Requires the Chief to assess the contractual, technical, and managerial risks associated with the MFFF. Directs DOD to carry out construction and project support activities relating to the MOX facility.
(Sec. 3117) Requires DOE to update, within 30 days of enactment of this bill, a DOE order relating to the design basis threat for protecting nuclear weapons, special nuclear material, and other critical assets in the custody of DOE.
(Sec. 3118) Requires the NNSA to identify and oversee the implementation of best practices of industry in the operations of its facilities for the purposes of:
improving mission performance and effectiveness; lowering costs and administrative burdens; maintaining or reducing risks; and preserving and protecting health, safety, and security. (Sec. 3119) Requires DOE to establish and report to Congress on a pilot program under which each national security laboratory is prohibited from using laboratory-directed research and development funds to cover the costs of general and administrative overhead for the laboratory.
(Sec. 3120) Prohibits DOE funds from being used for research and development (R&D) of an advanced naval nuclear fuel system based on low-enriched uranium (LEU).
Authorizes appropriations for the Deputy Administrator for Naval Reactors to commence initial planning and early R&D of an advanced naval nuclear fuel system based on LEU.
Specifies that, if DOE and the Navy jointly determine to pursue R&D of an advanced naval nuclear fuel system based on LEU, the departments shall ensure that funding for the efforts is requested only within a budget line within defense nuclear nonproliferation.
(Sec. 3121) Increases the limits that apply to DOE funds used for conceptual and construction design.
(Sec. 3122) Prohibits funds provided for atomic energy defense activities from being used to enter into a contract with, or otherwise provide assistance to Russia. Permits a waiver for urgent circumstances and includes an exception for the DOE Russian Health Studies Program.
(Sec. 3123) Limits the availability of NNSA funds for defense-related federal salaries and expenses until DOE submits to Congress, as required by the Atomic Energy Defense Act, an updated plan regarding the designing and building of prototypes of nuclear weapons for intelligence purposes.
(Sec. 3124) Limits the availability of funds for program direction within the defense environmental cleanup program until DOE submits to Congress the future-years defense environmental clean-up plan required during calendar year 2017 pursuant to the Atomic Energy Defense Act.
(Sec. 3125) Authorizes specified NNSA funds to be used to carry out nuclear weapons dismantlement and disposition activities. Prohibits funds from being used to accelerate the nuclear weapons dismantlement activities of NNSA beyond the rate contained in a specified dismantlement schedule. Specifies exceptions.
Subtitle C--Plans and Reports
(Sec. 3131) Requires DOE to seek to enter into an agreement with the National Academy of Sciences for an independent assessment of the defense environmental cleanup program.
(Sec. 3132) Requires the President to submit to Congress, within 90 days of enactment of this bill, a comprehensive and detailed update to the plan for verification and monitoring of nuclear weapons and fissile material required under current law. Limits the availability of FY2017 DOD funds for supporting the Executive Office of the President until the updated plan is submitted.
(Sec. 3133) Requires the Director of National Intelligence to submit to Congress specified reports on various matters related to the impact of using highly-enriched uranium for naval reactors.
(Sec. 3134) Requires DOE to enter into agreement with: (1) a federally funded research and development center (FFRDC) to conduct an analysis of supplemental waste treatment options at the Hanford site; and (2) the National Academies of Sciences, Engineering, and Medicine to conduct a peer review of the FFRDC analysis.
(Sec. 3135) Specifies requirements for the annual report and certification on the status of security at atomic energy defense facilities.
(Sec. 3136) Modifies the requirements for the annual report on the NNSA service support contracts to require the inclusion of: (1) the cost of each contract, and (2) an identification of the program or program direction accounts that support each contract. Extends the authority for DOE to appoint certain scientific, engineering, and technical personnel.
(Sec. 3137) Eliminates specified GAO reporting requirements. Modifies requirements for a briefing regarding a strategy on risk to nonproliferation caused by additive manufacturing.
(Sec. 3138) Requires DOE to submit to Congress the full report, and any related materials, titled "U.S. Nuclear Deterrence in the Coming Decades," dated August 15, 2014.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
(Sec. 3201) Authorizes appropriations for the Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
(Sec. 3401) Authorizes appropriations for the operation and maintenance of the Naval Petroleum Reserves.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration, Coast Guard, and Shipping Matters
(Sec. 3501) Authorizes appropriations for the national security aspects of the Merchant Marine.
(Sec. 3502) Authorizes DOD, in conjunction with DOT, to extend certain age restrictions for vessels in the Maritime Security Fleet.
(Sec. 3503) Makes technical and conforming corrections to the Coast Guard Authorization Act of 2015.
(Sec. 3504) Codifies the legal status of National Defense Reserve Fleet (NDRF) vessels. Specifies that the U.S. Maritime Administration's training ships which are part of the NDRF are public vessels. Specifies that NDRF vessels remain ''vessels'' until they are delivered to a dismantling facility.
(Sec. 3505) Requires the Department of Transportation to ensure that the Maritime Administration (MARAD) has completed the design of the National Security Multi-Mission Vessel that will allow for the start of construction in FY2018. Requires MARAD to provide for an entity other than MARAD to contract for the construction of the vessel.
(Sec. 3506) Specifies the qualifications for appointment to the position of Superintendent of the Merchant Marine Academy.
(Sec. 3507) Increases the apportionment of National Defense Reserve Fleet scrapping proceeds to the National Maritime Heritage Grant Program. Requires MARAD to submit to Congress a report on the management of NDRF scrapping proceeds and the National Heritage Grant Program.
(Sec. 3508) Exempts floating dry docks that are used for the construction of a naval vessel in a U.S. shipyard from certain restrictions that apply to floating dry docks.
(Sec. 3509) Requires DOD to enter into a memorandum of understanding, with DHS to prioritize the processing of applications for Transportation Worker Identification Credentials (TWIC) by members of the Armed Forces who are undergoing separation, discharge or release from the Armed Forces. Requires adjudication of the applications not later than 30 days after the application is submitted, unless an appeal or waiver applies, or if other documentation is required.
(Sec. 3510) Establishes requirements for policies and training regarding sexual harassment and sexual assault prevention and response at the U.S. Merchant Marine Academy. Expands existing requirements for an annual assessment of sexual assault and harassment policies to include a biennial focus group.
(Sec. 3511) Requires the U.S. Merchant Marine Academy to employ or contract with at least one full-time sexual assault response coordinator, maintain a program for volunteer sexual assault victim advocates, and maintain a 24-hour hotline through which a victim of a sexual assault can receive victim support services.
(Sec. 3512) Requires the Inspector General of the Department of Transportation to submit to Congress a report that describes the effectiveness of the sexual harassment and sexual assault prevention and response program at the U.S. Merchant Marine Academy.
(Sec. 3513) Requires MARAD to 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 U.S. Merchant Marine Academy.
(Sec. 3514) Requires MARAD to establish: (1) criteria that vessel operators must meet in order to participate in the Sea Year program of the U.S. 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) Requires any individual enrolled at a state maritime academy in a merchant marine officer program to meet, throughout enrollment at the academy, the medical and physical requirements required to obtain a mariner's license or merchant mariner documentation.
(Sec. 3516) Increases from 40 to 50 the number of potential non-competitive appointments to the U.S. Merchant Marine Academy for individuals the Department of Transportation (DOT) considers to be of special value to the academy.
(Sec. 3517) Requires MARAD to convene a working group to examine and assess the size of the pool of U.S. citizen mariners necessary to support the U.S. flag fleet in times of national emergency, and report to Congress on the assessment and recommendations for improving the quality of interagency data.
(Sec. 3518) Requires DOT to establish a task force to analyze the impact of extreme weather events on the maritime environment and to report to Congress on best practices and recommendations.
(Sec. 3519) Requires MARAD to review and update its workforce and onboarding policies to fully implement competency models for mission-critical occupations, align training programs and systems, and report to Congress on actions taken.
(Sec. 3520) Requires MARAD to: (1) review MARAD's drug and alcohol policies, procedures, and training practices; (2) ensure that all fleet managers have received applicable training on DOT's drug and alcohol policy; (3) institute a system for tracking all drug and alcohol policy training in a standardized training repository; and (4) report to Congress on actions taken.
(Sec. 3521) Requires MARAD to report to submit to Congress a report that describes the policies and procedures for vessel transfer at MARAD, including updated Vessel Transfer Office procedures to process vessel transfer applications.
(Sec. 3522) Specifies that a continuation board convened for the Coast Guard must consist of at least five officers (other than the Commandant) serving in the grade of admiral or vice admiral.
(Sec. 3523) Requires DHS to submit to Congress a detailed recapitalization plan to address the 2013 Department of Homeland Security Mission Need Statement with respect to icebreaking.
(Sec. 3524) Requires GAO to report to Congress on the current state of the U.S. federal icebreaking fleet.
Pribilof Islands Transition Completion Amendments Act of 2016
Subtitle B--Pribilof Islands Transition Completion
(Sec. 3532) Amends the Pribilof Island Transition Completion Act of 2016 to revise the terms of land conveyance of specified federal property to the Alaska native village corporation for St. Paul Island (one of a group of five the Pribilof Islands off the coast of mainland Alaska named Saint Paul, Saint George, Walrus, Otter, and Sea Lion Rock).
(Sec. 3533) Specifies requirements for the transfer, use, and disposal of tract 43 in Alaska . Requires the Department of Commerce to: (1) terminate the license, and (2) transfer tract 43 to the department in which the Coast Guard is operating.
Requires the Coast Guard to report to Congress on: (1) lands and improvements in tract 43 that are not necessary to carry out Coast Guard communications and search and rescue activities, and (2) the smallest practicable tract enclosing lands and improvements in tract 43 that are necessary to carry out such communications and activities.
Requires the land and improvements that are not necessary for Coast Guard activities to be conveyed to Alaska Native Village Corporation for St. Paul Island. Specifies requirements and procedures for the conveyance.
Subtitle C--Sexual Harassment and Assault Prevention at the National Oceanic and Atmospheric Administration
(Sec. 3541) Requires the Department of Commerce to develop a policy on the prevention of and response to sexual harassment involving employees of the National Oceanic and Atmospheric Administration (NOAA), members of the commissioned officer corps of NOAA, and individuals who work with or conduct business on behalf of NOAA.
(Sec. 3542) Requires Commerce to develop a comprehensive policy on the prevention of and response to sexual assaults involving employees of NOAA, members of the commissioned officer corps of NOAA, and individuals who work with or conduct business on behalf of NOAA.
(Sec. 3543) Specifies that the victim of a sexual assault has the right to be reasonably protected from the accused.
(Sec. 3544) Requires the timely consideration of a unit transfer or work location change to accommodate the victim of a sexual assault at NOAA.
(Sec. 3545) Requires the Under Secretary for Oceans and Atmosphere to ensure that each contract into which the Under Secretary enters for the use of a vessel by NOAA that covers the crew of the vessel includes a condition that subjects the crew to the policies for addressing sexual harassment and sexual assault at NOAA required to be developed by this bill.
(Sec. 3546) Requires Commerce to submit to Congress a report on the sexual assaults involving employees of NOAA, members of the commissioned officer corps of NOAA, and individuals who work with or conduct business on behalf of NOAA.
(Sec. 3547) Specifies that, in this subtitle, the term "sexual assault" has the definition used in the Violence Against Women Act of 1994.
DIVISION D--FUNDING TABLES
(Sec. 4001) Provides for the allocation of funds among programs, projects, and activities in accordance with the tables in division D of this bill, subject to reprogramming requirements.
(Sec. 4101) Sets forth amounts requested and authorized for Procurement.
(Sec. 4102) Sets forth amounts requested and authorized for Procurement for Overseas Contingency Operations.
(Sec. 4103) Sets forth amounts requested and authorized for Procurement for Overseas Contingency Operations for base requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(Sec. 4201) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation.
(Sec. 4202) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation for Overseas Contingency Operations.
(Sec. 4203) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation for Overseas Contingency Operations for base requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
(Sec. 4301) Sets forth amounts requested and authorized for Operation and Maintenance.
(Sec. 4302) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations.
(Sec. 4303) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations for base requirements.
TITLE XLIV--MILITARY PERSONNEL
(Sec. 4401) Sets forth amounts requested and authorized for Military Personnel.
(Sec. 4402) Sets forth amounts requested and authorized for Military Personnel for Overseas Contingency Operations.
(Sec. 4403) Sets forth amounts requested and authorized for Military Personnel for Overseas Contingency Operations for base requirements.
TITLE XLV--OTHER AUTHORIZATIONS
(Sec. 4501) Sets forth amounts requested and authorized for other specified authorizations, including: the Working Capital Fund, the National Defense Sealift Fund, the National Sea-Based Deterrence Fund, Chemical Agents and Munitions Destruction, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program.
(Sec. 4502) Sets forth amounts requested and authorized for the Working Capital Fund, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program for Overseas Contingency Operations.
(Sec. 4503) Sets forth amounts requested and authorized for Drug Interdiction and Counter-Drug Activities for Overseas Contingency Operations for base requirements.
TITLE XLVI--MILITARY CONSTRUCTION
(Sec. 4601) Sets forth amounts requested and authorized for Military Construction.
(Sec. 4602) Sets forth amounts requested and authorized for Military Construction for Overseas Contingency Operations.
(Sec. 4603) Sets forth amounts requested and authorized for Military Construction for Overseas Contingency Operations for base requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(Sec. 4701) Sets forth amounts requested and authorized for Department of Energy National Security Programs.
Military Justice Act of 2016
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM
TITLE LI--GENERAL PROVISIONS
(Sec. 5101) Makes technical amendments to provisions of the Uniform Code of Military Justice (UCMJ) relating to the definitions of ''military judge'' and ''judge advocate."
(Sec. 5102) Specifies that Reserve Component members performing inactive duty training are subject to the UCMJ.
(Sec. 5103) Revises the requirements for disqualifying individuals from acting as a staff judge advocate or legal officer for any reviewing or convening authority due to prior involvement in a case.
(Sec. 5104) Makes a conforming amendment to add ''military magistrate'' to the list of officials whose fitness to perform duties is subject to investigation and disposition under regulations prescribed by the President.
(Sec. 5105) Specifies procedures and requirements regarding the appointment of individuals to assume the rights of a victim who is under 18 years of age, incompetent, incapacitated, or deceased. Transfers provisions concerning defense counsel interviews of victims of sex-related offenses to a different section of the UCMJ and extends those provisions to victims of all offenses.
TITLE LII--APPREHENSION AND RESTRAINT
(Sec. 5121) Amends provisions regarding the restraint of persons charged with offenses and the actions that must be taken by military commanders and convening authorities when persons subject to the UCMJ are held for trial by court-martial. Requires the President to 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.
(Sec. 5122) Specifies that that no member of the Armed Forces may be placed in confinement in immediate association with: (1) enemy prisoners, or (2) other individuals who are detained under the law of war, are foreign nationals, and are not members of the U.S. Armed Forces.
TITLE LIII--NON-JUDICIAL PUNISHMENT
(Sec. 5141) Modifies requirements for confinement as non-judicial punishment to prohibit punishment in the form of a diet consisting only of bread and water.
TITLE LIV--COURT-MARTIAL JURISDICTION
(Sec. 5161) Amends courts-martial classifications. Establishes standard panel sizes, requires a military judge to be detailed to all special courts-martial, and adds the option of referral to a non-jury special court-martial including only a military judge.
(Sec. 5162) Makes conforming changes to the descriptions of the types of courts-martial. Specifies the sexual offenses over which general courts-martial have exclusive jurisdiction.
(Sec. 5163) Amends the UCMJ to align the statute with proposed changes regarding the composition of special courts-martial.
(Sec. 5164) Specifies that a summary court-martial is a noncriminal forum and that a finding of guilty at a summary court-martial does not constitute a criminal conviction.
TITLE LV--COMPOSITION OF COURTS-MARTIAL
(Sec. 5181) Makes a technical amendment to provisions of the UCMJ regarding the persons authorized to convene general courts-martial.
(Sec. 5182) Permits the detail of enlisted personnel for service on a court-martial panel without a specific request from the accused. Requires the convening authority to detail a sufficient number of members for impanelment. Specifies that sentencing in courts-martial in which members convict the accused for any offense is by military judge alone unless, after the findings are announced and before any matter is presented in the sentencing phase, the accused requests sentencing by members.
(Sec. 5183) Establishes a standard panel size of 12 court-martial members in capital cases.
(Sec. 5184) Amends the UCMJ to conform to the proposed amendments that ensure a military judge is detailed to every general and special court-martial; require the Judge Advocates General to select military judges based on statutory criteria and an evaluation of their individual education, training, experience, and judicial temperament; provide for a minimum tour length for military judges; expressly authorize cross-service detailing of military judges; and codify the position of chief trial judge.
(Sec. 5185) Establishes requirements for minimum qualifications for military magistrates. Permits a military magistrates to be assigned to perform duties of a nonjudicial natures.
(Sec. 5186) Modifies the qualifications for trial counsel and defense counsel to: (1) broaden the disqualification provision to include appellate judges who have participated previously in the same case, (2) extend the qualification requirement to any assistant defense counsel detailed to a general court-martial, (3) require any defense counsel or assistant defense counsel detailed to a special court-martial to be qualified under specified provisions of the UCMJ, and (4) require at least one defense counsel detailed to a capital case to be learned in such cases.
(Sec. 5187) Specifies the function of assembly in general and special courts-martial and the situations in which a member may be absent or excused after assembly. Requires the military judge to impanel the number of members required. Provides for the detail of new members if the membership on the panel is reduced below certain thresholds. Specifies procedures for: (1) detailing of a new military judge when the military judge is unable to proceed as a result of disability, and (2) presenting the prior trial proceedings to the newly detailed members or judge.
TITLE LVI--PRE-TRIAL PROCEDURE
(Sec. 5201) Reorganizes provisions and replaces the requirement to take immediate steps to dispose of charges and specifications with a requirement for the proper authority to, as soon as practicable, determine what disposition should be made.
(Sec. 5202) Provides statutory authority for military judges or magistrates to provide timely review, prior to referral of charges, of certain matters currently subject to judicial review only on a delayed basis at trial. Limits the matters which may be reviewed prior to referral of charges to pre-referral investigative subpoenas, pre-referral warrants or orders for electronic communications, and pre-referral matters referred by an appellate court.
(Sec. 5203) Specifies requirements for conducting preliminary hearings before referral of charges and specifications to general courts-martial for trial. Requires the preliminary hearing officer to provide an analysis of information that will be useful in fulfilling the statutory responsibilities of the staff judge advocate, in providing legal determinations and a disposition recommendation to the convening authority; and to assist the convening authority, in disposing of the charges and specifications in the interest of justice and discipline.
(Sec. 5204) Requires the establishment and maintenance of 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 the UCMJ.
(Sec. 5205) Specifies requirements and procedures for a convening authority to consult with a staff judge advocate prior to the referral of charges and specifications to a general court-martial for trial.
(Sec. 5206) Conforms procedures for service of charges and waiting period requirements to current practice and other UCMJ articles.
TITLE LVII--TRIAL PROCEDURE
(Sec. 5221) Makes a conforming amendment to provisions regarding the duties of an assistant defense counsel.
(Sec. 5222) Specifies that military judges preside at arraignments unless the accused requests sentencing by members.
(Sec. 5223) Specifies that a summary court-martial is the only exception to the general rule that the authority to grant continuances is vested solely in the military judge.
(Sec. 5224) Makes conforming changes regarding standard panel sizes in general and special courts-martial.
(Sec. 5225) Extends the statute of limitations applicable to child abuse offenses, fraudulent enlistment, and for cases in which DNA testing implicates an identified person in the commission of an offense punishable by confinement for more than one year.
(Sec. 5226) Specifies the circumstances under which jeopardy attaches to align it with federal civilian standards concerning double jeopardy.
(Sec. 5227) Permits an accused to plead guilty in a capital case when the death penalty is not a mandatory punishment and establishes a harmless error rule if the variance from the requirements does not materially prejudice the substantial rights of the accused.
(Sec. 5228) Allows subpoenas duces tecum to be issued for investigations of offenses under the UCMJ when authorized by a general court-martial convening authority.
Authorizes military judges to: (1) issue warrants and orders for the production of stored electronic communications under the Stored Communications Act, and (2) issue an investigative subpoena before referral of charges to a court-martial.
Moves provisions concerning defense counsel interviews of victims of sex-related offenses to a different article of the UCMJ and extends those provisions to victims of all offenses, consistent with related victims' rights provisions.
(Sec. 5229) Provides that civilians who fail to comply with military subpoenas issued under the UCMJ, are guilty of an offense against the United States.
(Sec. 5230) Specifies those who may exercise contempt authority, transfers the review function for contempt punishment from the convening authority to the appropriate appellate court, and specifies requirements for the appeal process.
(Sec. 5231) Modifies procedures and practices related to depositions, including the representation of parties by counsel, the admissibility and use of a deposition as evidence, and prohibiting the government from using depositions in capital cases.
(Sec. 5232) Permits sworn testimony from a court of inquiry to be played from an audio-visual recording if the deposed witness is unavailable at trial and the evidence is otherwise admissible under the rules of evidence.
(Sec. 5233) Makes a conforming change to eliminate special courts-martial without a military judge.
(Sec. 5234) Makes a conforming change to remove references to courts-martial without a military judge.
(Sec. 5235) Standardizes the percentage of votes required by a court-martial panel for conviction and for a specific sentence at 75% for non-capital cases.
(Sec. 5236) Requires sentencing by a military judge in all non-capital general and special courts-martial, unless the accused requests sentencing by members. Requires the members to participate in the sentence determination in cases where the accused may be sentenced to death.
(Sec. 5237) Transfers provisions regarding plea agreements to a different code section. Provides rules for the construction and negotiation of plea agreements.
(Sec. 5238) Requires the court reporter, instead of the military judge or prosecutor, to certify the record of trial. Requires a complete record of trial in any general or special court-martial if the sentence includes death, dismissal, discharge, or confinement or forfeitures for more than six months. Provides all victims who testify at a court-martial with access to records of trial.
(Sec. 5301) Specifies the factors that must be taken into consideration by a court-martial during sentencing. Requires offense-based sentencing for confinement and fines, rather than unitary sentencing, in all general and special courts-martial. Permits the U.S. government to appeal a sentence if it violates the law or the sentence is plainly unreasonable. Provides the accused with the option to request sentencing by members.
(Sec. 5302) Reorganizes provisions regarding effective dates for punishments. Provides that, with the exception of death and punitive discharges, sentences are effective by operation of law, without any additional approval, upon entry of judgment.
(Sec. 5303) Makes conforming changes regarding the sentence of reduction in enlisted grade.
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
(Sec. 5321) Provides for the distribution of the trial results and authorizes the filing of post-trial motions with the military judge in general and special courts-martial.
(Sec. 5322) Specifies requirements regarding the authority to act on a sentence in certain post-trial circumstances. Retains limitations on the convening authority's post-trial actions, subject to a limited suspension authority upon the recommendation of a military judge. Revises the authority regarding accused who provide substantial assistance to the government, allows the accused and a victim of the offense to submit matters to the convening authority for consideration, and requires the decision of the convening authority to be forwarded to the military judge.
(Sec. 5323) Specifies the convening authority's post-trial authorities and responsibilities with respect to the findings and sentence of summary courts-martial and certain general and special courts-martial.
(Sec. 5324) Establishes the entry of judgment, which would require the military judge to enter the judgment of the court-martial into the record in all general and special courts-martial, and would mark the conclusion of trial proceedings.
(Sec. 5325) Makes conforming changes regarding the waiver of the right to appeal and the withdrawal of an appeal.
(Sec. 5326) Authorizes an appeal by the government when, upon defense motion, the military judge sets aside a panel's finding of guilty because of legally insufficient evidence. Extends interlocutory appeals to all general and special courts-martial.
(Sec. 5327) Removes the sentence limitation at a rehearing in cases in which an accused changes the plea from guilty to not guilty, or otherwise fails to comply with the terms of a pre-trial agreement; or a sentence is set aside based on a government appeal.
(Sec. 5328) Modifies requirements for reviews of findings of guilty by a judge advocate. Requires each summary court-martial in which there is a finding of guilty to be reviewed by a judge advocate.
(Sec. 5329) Requires the trial record in all general and special courts-martial in which there is a finding of guilty to be transmitted to the Office of the Judge Advocate General. Specifies the process for reviews conducted by the Office of the Judge Advocate General.
(Sec. 5330) Requires the President to establish minimum tour lengths for appellate military judges. Establishes discretionary review by the Court of Criminal Appeals in cases that are not eligible for an appeal as of right. Provides standards of review for appeals. Codifies the authority of Courts of Criminal Appeals to remand cases and order rehearings.
(Sec. 5331) Provides for notification by a Judge Advocate General to the other Judge Advocates General prior to certifying a case for review by the Court of Appeals for the Armed Forces.
(Sec. 5332) Makes a technical amendment the UCMJ to add "United States" before ''Court of Appeals for the Armed Forces."
(Sec. 5333) Allows the accused a one-year period in which to file for review in the Office of the Judge Advocate General, extendable to three years for good cause. Permits the review to consider issues 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.
(Sec. 5334) Requires that, in any capital case, to the greatest extent practicable, at least one appellate defense counsel must be learned in the law applicable to capital cases in which the death penalty was adjudged at trial.
(Sec. 5335) Authorizes a special court-martial convening authority to detail a qualified judge advocate to preside at the vacation hearing, which must be held before a suspended sentence can be vacated.
(Sec. 5336) Increases from two to three years the time period for an accused to petition for a new trial.
(Sec. 5337) Requires the President to establish regulations 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) Makes conforming changes to provisions regarding leave requirements pending review of certain court-martial convictions.
TITLE LX--PUNITIVE ARTICLES
(Sec. 5401) Reorganizes the punitive articles by transferring and redesignating several articles within the UCMJ.
(Sec. 5402) Authorizes the President to designate an authoritative, but non-exhaustive, list of lesser included offenses for each punitive article of the UCMJ in addition to judicially determined lesser included offenses.
(Sec. 5403) Consolidates the general solicitation offense in a different section of the UCMJ.
(Sec. 5404) Transfers provisions regarding malingering to a different section of the UCMJ and makes technical corrections.
(Sec. 5405) Transfers the offense of ''quarantine: medical, breaking'' to a different section of the UCMJ.
(Sec. 5406) Incorporates the offense of ''jumping from vessel into the water'' into offense of ''missing movement.''
(Sec. 5407) Create a new section of the UCMJ to move and consolidate the offenses of ''restriction, breaking'' and ''correctional custody-offenses against.''
(Sec. 5408) Moves and consolidates the offense of ''assaulting a superior commissioned officer'' under the offense of ''disrespect toward a superior commissioned officer."
(Sec. 5409) Transfers the offense of ''assaulting a superior commissioned officer'' to a different article of the UCMJ. Focuses the article on the willful disobedience of a lawful command of a superior commissioned officer.
(Sec. 5410) Creates a new section of the UCMJ to address accountability for sexual misconduct committed by recruiters and trainers during the various phases within the recruiting and basic military training environments.
(Sec. 5411) Moves the loitering portion of the offense of ''sentinel or lookout: offenses against or by'' to a different section of the UCMJ.
(Sec. 5412) Moves the disrespect portion of the offense of ''sentinel or lookout: offenses against or by'' to a different section of the UCMJ.
(Sec. 5413) Moves the separate offense of ''drinking liquor with prisoner'' to a different section of the UCMJ.
(Sec. 5414) Amends provisions related to penalties for acting as a spy to replace the mandatory death penalty currently required with a discretionary death penalty.
(Sec. 5415) Moves the offense of ''public record: altering, concealing, removing, mutilating, obliterating, or destroying'' to a different section of the UCMJ and redesignates it as ''public records offenses.''
(Sec. 5416) Moves the offense of ''false or unauthorized pass offenses'' to a different section of the UCMJ.
(Sec. 5417) Moves the offense of ''impersonating a commissioned, warrant, non-commissioned, petty officer or agent or official'' to a different section of the UCMJ.
(Sec. 5418) Moves the offense of ''wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button'' to a different section of the UCMJ.
(Sec. 5419) Moves the offense of ''false swearing" to a different section of the UCMJ.
(Sec. 5420) Moves the offense of ''parole, violation of" to a different section of the UCMJ.
(Sec. 5421) Moves the offense of ''mail:taking, opening, secreting, destroying, or stealing'' to a different section of the UCMJ.
(Sec. 5422) Prohibits improper hazarding of an aircraft in addition to the existing ''improper hazarding of vessel" offense.
(Sec. 5423) Moves the offense of "fleeing the scene of an accident'' to a different section of the UCMJ and adds the title "leaving scene of accident" to the section.
(Sec. 5424) Moves the offenses of ''drunkenness-in-capacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug'' and ''drunk prisoner'' to a different section of the UCMJ.
(Sec. 5425) Decreases the blood alcohol limits for a conviction of "drunken or reckless operation of vehicle, aircraft, or vessel."
(Sec. 5426) Moves the offenses "reckless endangerment," "firearm discharge, endangering human life," and "carrying concealed weapon" to a different section of the UCMJ and redesignates the section as "endangerment offenses."
(Sec. 5427) Moves the offenses of ''threat, communicating,'' and ''threat or hoax designed or intended to cause panic or public fear" to a different section of the UCMJ.
(Sec. 5428) Makes a technical amendment to remove the term "forcible sodomy" from the offense of "murder." (The crime of forcible sodomy is already contained in the offense of ''rape and sexual assault generally.")
(Sec. 5429) Moves the offense of "child endangerment'' to a different section of the UCMJ.
(Sec. 5430) Revises the definition of ''sexual act'' with respect to the offenses of rape and sexual assault.
(Sec. 5431) Moves the offense of ''mails: depositing or causing to be deposited obscene materials in'' to a different section of the UCMJ.
(Sec. 5432) Establishes a new section of the UCMJ to specifically address the misuse of credit cards, debit cards, and other electronic payment technology, also known as ''access devices.''
(Sec. 5433) Moves the offense of ''false pretenses, obtaining services under" to a different section of the UCMJ.
(Sec. 5434) Modifies the offense of "robbery" by removing the words "with the intent to steal" to eliminate the requirement to show that the accused intended to permanently deprive the victim of his property.
(Sec. 5435) Moves the offense of ''stolen property: knowingly receiving, buying concealing'' to a different section of the UCMJ.
(Sec. 5436) Creates a new punitive article of the UCMJ to address offenses concerning government computers.
(Sec. 5437) Moves the offense of ''bribery" to a different section of the UCMJ.
(Sec. 5438) Moves the offense of ''graft'' to a different section of the UCMJ.
(Sec. 5439) Moves the offense of ''kidnapping'' to a different section of the UCMJ.
(Sec. 5440) Moves the offense of ''burning with intent to defraud'' to a different section of the UCMJ.
(Sec. 5441) Adds to the offense of "assault" a standard involving the intent of the accused to commit bodily harm. Moves the offenses of "assault-with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking'' to a different section of the UCMJ.
(Sec. 5442) Reorganizes provisions of the UCMJ regarding burglary and unlawful entry.
(Sec. 5443) Modifies provisions of the UCMJ related to stalking. Amends the provisions to address cyberstalking and threats to intimate partners.
(Sec. 5444) Moves the offense of ''perjury: subornation of" to a different section of the UCMJ.
(Sec. 5445) Moves the offense of ''obstructing justice" to a different section of the UCMJ.
(Sec. 5446) Moves the offense of ''misprision of serious offense" to a different section of the UCMJ.
(Sec. 5447) Moves the offense of ''testify: wrongful refusal' to a different section of the UCMJ.
(Sec. 5448) Moves the offense of ''seizure: destruction, removal, or disposal of property to prevent'' to a different section of the UCMJ.
(Sec. 5449) Moves the offense of ''wrongful interference with an adverse administrative proceeding" to a different section of the UCMJ.
(Sec. 5450) Establishes a new offense that prohibits retaliation against any person for reporting or planning to report a criminal offense.
(Sec. 5451) Authorize prosecution of all non-capital federal crimes of general applicability, regardless of where the federal crime is committed.
(Sec. 5452) Amends a table of contents to reflect amendments included in this bill
TITLE LXI--MISCELLANEOUS PROVISIONS
(Sec. 5501) Provides individuals employed by DHS, with respect to the Coast Guard when it is not operating as a service in the Navy, the right to be designated as parties in interest when they have a direct interest in the subject of a court of inquiry.
(Sec. 5502) Makes a technical amendment to a provision regarding the authority to administer oaths and act as a notary.
(Sec. 5503) Requires officers, in addition to enlisted personnel, to receive UCMJ training upon entry to service, and periodically thereafter. Requires specific military justice training for military commanders and convening authorities.
Requires DOD to: (1) prescribe regulations for additional specialized UCMJ training for combatant commanders and commanders of combined commands, and (2) to maintain an electronic version of the UCMJ and Manual for Court-Martial that would be updated periodically and made available on the Internet for review by service members and the public.
(Sec. 5504) Requires DOD to establish uniform standards and criteria for case processing and management, military justice data collection, production and distribution of records of trial, and access to case information.
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
(Sec. 5521) Establishes a Military Justice Review Panel comprised of an independent panel of experts to conduct a periodic evaluation of military justice practices and procedures.
(Sec. 5522) Creates a new section of the UCMJ to compile the annual reports issued individually by the Court of Appeals for the Armed Forces, the Judge Advocates General, and the Staff Judge Advocate to the Commandant of the Marine Corps into a single volume.
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
(Sec. 5541) Makes conforming amendments to the tables of sections for several subchapters of the UCMJ.
(Sec. 5542) Specifies that the amendments made by this title take effect on the first day of the first calendar month that begins two years after the date of enactment of this bill.