S. 2943 (114th): National Defense Authorization Act for Fiscal Year 2017

The text of the bill below is as of Jun 21, 2016 (Printed as Passed).

Source: GPO

IIC

114th CONGRESS

2d Session

S. 2943

IN THE SENATE OF THE UNITED STATES

June 21, 2016

Ordered to be printed as passed

AN ACT

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

1.

Short title

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

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into five divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations.

(4)

Division D—Funding Tables.

(5)

Division E—Uniform Code of Military Justice Reform.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

DIVISION A—Department of Defense authorizations

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Distributed Common Ground System-Army.

Sec. 112. Multiyear procurement authority for UH–60M/HH–60M Black Hawk helicopters.

Sec. 113. Multiyear procurement authority for AH–64E Apache helicopters.

Subtitle C—Navy Programs

Sec. 121. Incremental funding for detail design and construction of LHA replacement ship designated LHA 8.

Sec. 122. Littoral Combat Ship.

Sec. 123. Certification on ship deliveries.

Sec. 124. Limitation on the use of sole source shipbuilding contracts.

Sec. 125. Limitation on availability of funds for the advanced arresting gear program.

Sec. 126. Limitation on procurement of USS JOHN F. KENNEDY (CVN–79) and USS ENTERPRISE (CVN–80).

Sec. 127. Limitation on availability of funds for Tactical Combat Training System Increment II.

Subtitle D—Air Force Programs

Sec. 141. Extension of prohibition on availability of funds for retirement of A–10 aircraft.

Sec. 142. Limitation on availability of funds for destruction of A–10 aircraft in storage status.

Sec. 143. Repeal of the requirement to preserve certain retired C–5 aircraft.

Sec. 144. Repeal of requirement to preserve F–117 aircraft in recallable condition.

Sec. 145. Limitation on availability of funds for EC–130H Compass Call recapitalization program.

Sec. 146. Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program.

Subtitle E—Defense-wide, Joint and Multiservice Matters

Sec. 151. Report to Congress on independent study of future mix of aircraft platforms for the Armed Forces.

Sec. 152. Limitation on availability of funds for destruction of certain cluster munitions and report on Department of Defense policy and cluster munitions.

Sec. 153. Medium altitude intelligence, surveillance, and reconnaissance aircraft.

TITLE II—Research, Development, Test, and Evaluation

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Modification of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

Sec. 212. Making permanent authority for defense research and development rapid innovation program.

Sec. 213. Authorization for National Defense University and Defense Acquisition University to enter into cooperative research and development agreements.

Sec. 214. Manufacturing Universities Grant Program.

Sec. 215. Increased micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories.

Sec. 216. Directed energy weapon system programs.

Sec. 217. Limitation on B–21 Engineering and Manufacturing Development program funds.

Sec. 218. Pilot program on disclosure of certain sensitive information to contractors performing under contracts with Department of Defense federally funded research and development centers.

Sec. 219. Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies.

Sec. 220. Modification of authority for use of operation and maintenance funds for unspecified minor construction projects consisting of laboratory revitalization.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and environment

Sec. 302. Modified reporting requirement related to installations energy management.

Sec. 303. Report on efforts to reduce high energy costs at military installations.

Sec. 304. Utility data management for military facilities.

Sec. 305. Linear LED lamps.

Subtitle C—Logistics and sustainment

Sec. 311. Deployment prioritization and readiness of Army units.

Sec. 312. Revision of guidance related to corrosion control and prevention executives.

Sec. 313. Repair, recapitalization, and certification of dry docks at Naval shipyards.

Subtitle D—Reports

Sec. 321. Modifications to Quarterly Readiness Report to Congress.

Sec. 322. Report on HH–60G sustainment and Combat Rescue Helicopter (CRH) program.

Subtitle E—Other matters

Sec. 331. Repurposing and reuse of surplus military firearms.

Sec. 332. Limitation on development and fielding of new camouflage and utility uniforms.

Sec. 333. Hazard assessments related to new construction of obstructions on military installations.

Sec. 334. Plan for modernized Air Force dedicated adversary air training enterprise.

Sec. 335. Independent study to review and assess the effectiveness of the Air Force Ready Aircrew Program.

Sec. 336. Mitigation of risks posed by certain window coverings with accessible cords in military housing units in which children reside.

Sec. 337. Tactical explosive detection dogs.

Sec. 338. STARBASE program.

Sec. 339. Access to Department of Defense installations for drivers of vehicles of online transportation network companies.

Sec. 340. Women’s military service memorials and museums.

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Personnel

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 416. Technical corrections to annual authorization for personnel strengths.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Reform of distribution and authorized strength of general and flag officers.

Sec. 502. Repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces.

Sec. 503. Temporary suspension of officer grade strength tables.

Sec. 504. Enhanced authority for service credit for experience or advanced education upon original appointment as a commissioned officer.

Sec. 505. Authority of promotion boards to recommend officers of particular merit be placed at the top of the promotion list.

Sec. 506. Promotion eligibility period for officers whose confirmation of appointment is delayed due to nonavailability to the Senate of probative information under control of non-Department of Defense agencies.

Sec. 507. Length of joint duty assignments.

Sec. 508. Modification of definitions relating to joint officer management.

Sec. 509. Continuation of certain officers on active duty without regard to requirement for retirement for years of service.

Sec. 510. Extension of force management authorities allowing enhanced flexibility for officer personnel management.

Subtitle B—Reserve Component Management

Sec. 521. Authority for temporary waiver of limitation on term of service of Vice Chief of the National Guard Bureau.

Sec. 522. Authority to designate certain reserve officers as not to be considered for selection for promotion.

Sec. 523. Rights and protections available to military technicians.

Sec. 524. Extension of suicide prevention and resilience programs for the National Guard and Reserves.

Sec. 525. Inapplicability of certain laws to National Guard technicians performing active Guard and Reserve duty.

Subtitle C—General Service Authorities

Sec. 531. Responsibility of Chiefs of Staff of the Armed Forces for standards and qualifications for military specialties within the Armed Forces.

Sec. 532. Leave matters.

Sec. 533. Transfer of provision relating to expenses incurred in connection with leave canceled due to contingency operations.

Sec. 534. Reduction of tenure on the temporary disability retired list.

Sec. 535. Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender.

Sec. 536. Board for the Correction of Military Records and Discharge Review Board matters.

Sec. 536A. Treatment by discharge review boards of claims asserting post-traumatic stress disorder or traumatic brain injury in connection with combat or sexual trauma as a basis for review of discharge.

Sec. 537. Reconciliation of contradictory provisions relating to qualifications for enlistment in the reserve components of the Armed Forces.

Subtitle D—Military Justice and Legal Assistance Matters

PART I—Retaliation

Sec. 541. Report to complainants of resolution of investigations into retaliation.

Sec. 542. Training for Department of Defense personnel on sexual assault trauma in individuals claiming retaliation in connection with reports of sexual assault in the Armed Forces.

Sec. 543. Inclusion in annual reports on sexual assault prevention and response efforts of the Armed Forces of information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces.

Sec. 544. Metrics for evaluating the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces.

PART II—Other Military Justice Matters

Sec. 546. Discretionary authority for military judges to designate an individual to assume the rights of the victim of an offense under the Uniform Code of Military Justice when the victim is a minor, incompetent, incapacitated, or deceased.

Sec. 547. Appellate standing of victims in enforcing rights of victims under the Uniform Code of Military Justice.

Sec. 548. Effective prosecution and defense in courts-martial.

Sec. 549. Pilot programs on military justice career track for judge advocates.

Sec. 550. Modification of definition of sexual harassment for purposes of investigations of complaints of harassment by commanding officers.

Sec. 551. Extension and clarification of annual reports regarding sexual assault involving members of the Armed Forces.

Sec. 552. Expansion of authority to execute certain military instruments.

Sec. 553. United States Court of Appeals for the Armed Forces.

Sec. 554. Medical examination before administrative separation for members with post-traumatic stress disorder or traumatic brain injury in connection with sexual assault.

Subtitle E—Member Education, Training, and Transition

Sec. 561. Limitation on tuition assistance for off-duty training or education.

Sec. 562. Modification of program to assist members of the Armed Forces in obtaining professional credentials.

Sec. 563. Access to Department of Defense installations of institutions of higher education providing certain advising and student support services.

Sec. 564. Priority processing of applications for Transportation Worker Identification Credentials for members undergoing discharge or release from the Armed Forces.

Subtitle F—Defense Dependents' Education and Military Family Readiness Matters

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. Impact aid amendments.

Sec. 574. One-year extension of authorities relating to the transition and support of military dependent students to local educational agencies.

Sec. 575. Comptroller General of the United States analysis of unsatisfactory conditions and overcrowding at public schools on military installations.

Sec. 576. Enhanced flexibility in provision of relocation assistance to members of the Armed Forces and their families.

Sec. 577. Reporting on allegations of child abuse in military families and homes.

Sec. 578. Background checks for employees of agencies and schools providing elementary and secondary education for Department of Defense dependents.

Sec. 579. Support for programs providing camp experience for children of military families.

Sec. 580. Comptroller General of the United States report on Exceptional Family Member Programs.

Sec. 581. Repeal of Advisory Council on Dependents’ Education.

Subtitle G—Decorations and Awards

Sec. 586. Authorization for award of the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War.

Sec. 587. Authorization for award of the Medal of Honor to Gary M. Rose for acts of valor during the Vietnam War.

Sec. 588. Authorization for award of the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis Lafleur for acts of valor during World War II.

Sec. 589. Posthumous advancement of Colonel George E. Bud Day, United States Air Force, on the retired list.

Subtitle H—Miscellaneous Reports and Other Matters

Sec. 591. Applicability of Military Selective Service Act to female citizens and persons.

Sec. 592. Senior Military Acquisition Advisors in the Defense Acquisition Corps.

Sec. 593. Annual reports on progress of the Army and the Marine Corps in integrating women into military occupational specialities and units recently opened to women.

Sec. 594. Report on career progression tracks of the Armed Forces for women in combat arms units.

Sec. 595. Repeal of requirement for a chaplain at the United States Air Force Academy appointed by the President.

Sec. 596. Extension of limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies.

Sec. 597. Report on discharge by warrant officers of pilot and other flight officer positions in the Navy, Marine, Corps, and Air Force currently discharged by commissioned officers.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2017 increase in military basic pay.

Sec. 602. Publication by Department of Defense of actual rates of basic pay payable to members of the Armed Forces by pay grade for annual or other pay periods.

Sec. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances.

Sec. 604. Reform of basic allowance for housing.

Sec. 605. Repeal of obsolete authority for combat-related injury rehabilitation pay.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays.

Sec. 616. Conforming amendment to consolidation of special pay, incentive pay, and bonus authorities.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Maximum reimbursement amount for travel expenses of Reserves to attend inactive duty training outside or normal commuting distances.

Sec. 622. Period for relocation of spouses and dependents of certain members of the Armed Forces undergoing a permanent change of station.

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

PART I—Amendments in Connection with Retired Pay Reform

Sec. 631. Election period for members in the service academies and inactive Reserves to participate in the modernized retirement system.

Sec. 632. Effect of separation of members from the uniformed services on participation in the Thrift Savings Plan.

Sec. 633. Continuation pay for members who have completed 8 to 12 years of service.

Sec. 634. Combat-related special compensation coordinating amendment.

Sec. 635. Sense of Congress on Roth contributions as default contributions of members of the Armed Forces participating in the Thrift Savings Plan under retired pay reform.

PART II—Other Matters

Sec. 641. Extension of allowance covering monthly premium for Servicemembers' Group Life Insurance while in certain overseas areas to cover members in any combat zone or overseas direct support area.

Sec. 642. Use of member’s current pay grade and years of service, rather than final retirement pay grade and years of service, in a division of property involving disposable retired pay.

Sec. 643. Permanent extension of payment of special survivor indemnity allowances under the Survivor Benefit Plan.

Sec. 644. Authority to deduct Survivor Benefit Plan premiums from combat-related special compensation when retired pay not sufficient.

Sec. 645. Sense of Congress on options for members of the Armed Forces to designate payment of the death gratuity to a trust for a special needs individual.

Sec. 646. Independent assessment of the Survivor Benefit Plan.

Subtitle E—Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations

Sec. 661. Protection and enhancement of access to and savings at commissaries and exchanges.

Subtitle F—Other Matters

Sec. 671. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces.

Sec. 672. Authority for payment of pay and allowances and retired and retainer pay pursuant to power of attorney.

TITLE VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Reform of health care plans available under the TRICARE program.

Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy Benefits Program and treatment of certain pharmaceutical agents.

Sec. 703. Eligibility of certain beneficiaries under the TRICARE program for participation in the Federal Employees Dental and Vision Insurance Program.

Sec. 704. Coverage of medically necessary food and vitamins for digestive and inherited metabolic disorders under the TRICARE program.

Sec. 705. Enhancement of use of telehealth services in military health system.

Sec. 706. Evaluation and treatment of veterans and civilians at military treatment facilities.

Sec. 707. Pilot program to provide health insurance to members of the reserve components of the Armed Forces.

Sec. 708. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma.

Subtitle B—Health Care Administration

Sec. 721. Consolidation of the medical departments of the Army, Navy, and Air Force into the Defense Health Agency.

Sec. 722. Accountability for the performance of the military health care system of certain positions in the system.

Sec. 723. Selection of commanders and directors of military treatment facilities and tours of duty of commanders of such facilities.

Sec. 724. Authority to convert military medical and dental positions to civilian medical and dental positions.

Sec. 725. Authority to realign infrastructure of and health care services provided by military treatment facilities.

Sec. 726. Acquisition of medical support contracts for TRICARE program.

Sec. 727. Authority to enter into health care contracts with certain entities to provide care under the TRICARE program.

Sec. 728. Improvement of health outcomes and control of costs of health care under TRICARE program through programs to involve covered beneficiaries.

Sec. 729. Establishment of centers of excellence for specialty care in the military health system.

Sec. 730. Program to eliminate variability in health outcomes and improve quality of health care services delivered in military treatment facilities.

Sec. 731. Establishment of advisory committees for military treatment facilities.

Sec. 732. Standardized system for scheduling medical appointments at military treatment facilities.

Sec. 733. Display of wait times at urgent care clinics, emergency departments, and pharmacies of military treatment facilities.

Sec. 734. Improvement and maintenance of combat casualty care and trauma care skills of health care providers of Department of Defense.

Sec. 735. Adjustment of medical services, personnel authorized strengths, and infrastructure in military health system to maintain readiness and core competencies of health care providers.

Sec. 736. Establishment of high performance military-civilian integrated health delivery systems.

Sec. 737. Contracts with private sector entities to provide certain health care services at military treatment facilities.

Sec. 738. Modification of acquisition strategy for health care professional staffing services.

Sec. 739. Reduction of administrative requirements relating to automatic renewal of enrollments in TRICARE Prime.

Subtitle C—Reports and Other Matters

Sec. 751. Pilot program on expansion of use of physician assistants to provide mental health care to members of the Armed Forces.

Sec. 752. Implementation of plan to eliminate certain graduate medical education programs of Department of Defense.

Sec. 753. Modification of authority of Uniformed Services University of the Health Sciences to include undergraduate and other medical education and training programs.

Sec. 754. Memoranda of agreement with institutions of higher education that offer degrees in allopathic or osteopathic medicine.

Sec. 755. Extension of authority for joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 756. Prohibition on conduct of certain medical research and development projects.

Sec. 757. Authorization of reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to covered beneficiaries.

Sec. 758. Maintenance of certain reimbursement rates for care and services to treat autism spectrum disorder under demonstration program.

Sec. 759. Incorporation into certain surveys by Department of Defense of questions on servicewomen experiences with family planning services and counseling.

Sec. 760. Assessment of transition to TRICARE program by families of members of reserve components called to active duty and elimination of certain charges for such families.

Sec. 761. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic stress.

Sec. 762. Report on plan to improve pediatric care and related services for children of members of the Armed Forces.

Sec. 763. Comptroller General report on health care delivery and waste in military health system.

Sec. 764. Treatment of certain provisions relating to limitations, transparency, and oversight regarding medical research conducted by the Department of Defense.

TITLE VIII—Acquisition policy, acquisition management, and related matters

Subtitle A—Acquisition policy management

Sec. 801. Rapid acquisition authority amendments.

Sec. 802. Authority for temporary service of Principal Military Deputies to the Assistant Secretaries of the military departments for acquisition as acting Assistant Secretaries.

Sec. 803. Conduct of independent cost estimation and cost analysis.

Sec. 804. Modernization of services acquisition.

Sec. 805. Modified notification requirement for exercise of waiver authority to acquire vital national security capabilities.

Sec. 806. Repeal of temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by contractors.

Subtitle B—Amendments to general contracting authorities, procedures, and limitations

Sec. 811. Defense cost accounting standards.

Sec. 812. Increased micro-purchase threshold applicable to Department of Defense procurements.

Sec. 813. Enhanced competition requirements.

Sec. 814. Elimination of bid and proposal costs and other expenses as allowable independent research and development costs on certain contracts.

Sec. 815. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain multiple-award task or delivery order contracts.

Sec. 816. Modified restrictions on undefinitized contractual actions.

Sec. 817. Non-traditional contractor definition.

Sec. 818. Comprehensive small business contracting plans.

Sec. 819. Limitation on task and delivery order protests.

Sec. 820. Modified data collection requirements applicable to procurement of services.

Sec. 821. Government Accountability Office bid protest reforms.

Sec. 822. Report on bid protests.

Sec. 823. Treatment of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements as use of competitive procedures.

Sec. 824. Defense Acquisition Challenge Program.

Sec. 825. Use of Lowest Price Technically Acceptable source selection process.

Sec. 826. Penalties for the use of cost-type contracts.

Sec. 827. Preference for fixed-price contracts.

Sec. 828. Requirement to use firm fixed-price contracts for foreign military sales.

Sec. 829. Preference for performance-based contractual payments.

Sec. 829A. Share-in-savings contracts.

Sec. 829B. Competitive procurement and phase out of rocket engines from the Russian Federation in the evolved expendable launch vehicle program for space launch of national security satellites.

Sec. 829C. Special emergency procurement authority to facilitate the defense against or recovery from a cyber, nuclear, biological, chemical, or radiological attack.

Sec. 829D. Limitation on use of reverse auction and lowest price technically acceptable contracting methods.

Sec. 829E. Avoidance of use of brand names or brand-name or equivalent descriptions in solicitations.

Sec. 829F. Sunset and repeal of certain contracting provisions.

Sec. 829G. Flexibility in contracting award program.

Sec. 829H. Products and services purchased through contracting program for firms that hire the severely disabled.

Sec. 829I. Applicability of Executive Order 13673 Fair Pay and Safe Workplaces to Department of Defense contractors.

Sec. 829J. Contract closeout authority.

Sec. 829K. Closeout of old Navy contracts.

Subtitle C—Provisions relating to major defense acquisition programs

Sec. 831. Repeal of major automated information systems provisions.

Sec. 832. Revisions to definition of major defense acquisition program.

Sec. 833. Acquisition strategy.

Sec. 834. Improved life cycle cost control.

Sec. 835. Modification of certain Milestone B certification requirements.

Sec. 836. Disclosure of risk in cost estimates.

Sec. 837. Authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms for purposes of acquisition reporting.

Sec. 838. Counting of major defense acquisition program subcontracts toward small business goals.

Sec. 839. Use of economy-wide inflation index to calculate percentage increase in unit costs.

Sec. 840. Waiver of notification when acquiring tactical missiles and munitions above the budgeted quantity.

Sec. 841. Multiple program multiyear contract pilot demonstration program.

Sec. 842. Key Performance Parameter reduction pilot program.

Sec. 843. Mission and system of systems interoperability.

Sec. 844. B–21 bomber development program baseline and cost control.

Subtitle D—Provisions relating to acquisition workforce

Sec. 851. Improvement of program and project management by the Department of Defense.

Sec. 852. Authority to waive tenure requirement for program managers for program definition and program execution periods.

Sec. 853. Enhanced use of data analytics to improve acquisition program outcomes.

Sec. 854. Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used.

Subtitle E—Provision related to commercial items

Sec. 861. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items.

Sec. 862. Department of Defense exemptions from certain regulations.

Sec. 863. Use of performance and commercial specifications in lieu of military specifications and standards.

Sec. 864. Preference for commercial services.

Sec. 865. Treatment of items purchased by prospective contractors prior to release of prime contract requests for proposals as commercial items.

Sec. 866. Treatment of services provided by nontraditional contractors as commercial items.

Sec. 867. Use of non-cost contracts to acquire commercial items.

Sec. 868. Pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation competitive procedures.

Subtitle F—Industrial base matters

Sec. 871. Greater Integration of the National Technical Industrial Base.

Sec. 872. Integration of civil and military roles in attaining national technology and industrial base objectives.

Sec. 873. Distribution support and services for weapon systems contractors.

Sec. 874. Permanency of Department of Defense SBIR and STTR programs.

Sec. 875. Modified requirements for distribution of assistance under procurement technical assistance cooperative agreements.

Sec. 876. Nontraditional and small disruptive innovation prototyping program.

Subtitle G—International Contracting Matters

Sec. 881. International sales process improvements.

Sec. 882. Working capital fund for precision guided munitions exports in support of contingency operations.

Sec. 883. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 884. Clarification of treatment of contracts performed outside the United States.

Sec. 885. Enhanced authority to acquire products and services produced in Africa in support of covered activities.

Sec. 886. Maintenance of prohibition on procurement by Department of Defense of People's Republic of China-origin items that meet the definition of goods and services controlled as munitions items when moved to the “600 series” of the Commerce Control List.

Subtitle H—Other matters

Sec. 891. Contractor business system requirements.

Sec. 892. Authority to provide reimbursable auditing services to certain non-Defense Agencies.

Sec. 893. Improved management practices to reduce cost and improve performance of certain Department of Defense organizations.

Sec. 894. Director of Developmental Test and Evaluation.

Sec. 895. Exemption from requirement for capital planning and investment control for information technology equipment included as integral part of a weapon or weapon system.

Sec. 896. Modifications to pilot program for streamlining awards for innovative technology projects.

Sec. 897. Enhancement of electronic warfare capabilities.

Sec. 898. Improved transparency and oversight over Department of Defense research, development, test, and evaluation efforts and procurement activities related to medical research.

Sec. 899. Extension of enhanced transfer authority for technology developed at Department of Defense laboratories.

Sec. 899A. Rapid prototyping funds for the military services.

Sec. 899B. Defense Modernization Account.

TITLE IX—Department of Defense Organization and Management

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

Sec. 901. Under Secretary of Defense for Research and Engineering and related acquisition position in the Office of the Secretary of Defense.

Sec. 902. Qualifications for appointment of the Secretaries of the military departments.

Sec. 903. Establishment of Assistant Secretary of Defense for Information (Chief Information Officer) in Office of Secretary of Defense.

Sec. 904. Reduction in maximum number of personnel in Office of the Secretary of Defense and other Department of Defense headquarters offices.

Sec. 905. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the military departments.

Sec. 906. Unit within the Office of the Secretary of Defense supporting achievement of results in Department of Defense management reform and business transformation efforts.

Subtitle B—Combatant Command Matters

Sec. 921. Joint Chiefs of Staff and related combatant command matters.

Sec. 922. Delegation to Chairman of Joint Chiefs of Staff of authority to direct transfer of forces.

Sec. 923. Organization of the Department of Defense for management of special operations forces and special operations.

Sec. 924. Pilot program on organization of subordinate commands of a unified combatant command as joint task forces.

Sec. 925. Expansion of eligibility for deputy commander of combatant command having United States among geographic area of responsibility to include officers of the Reserves.

Subtitle C—Organization and Management of Other Department of Defense Offices and Elements

Sec. 941. Organizational strategy for the Department of Defense.

Sec. 942. Department of Defense management overview by the Secretary of Defense.

Sec. 943. Modification of composition and mission of Joint Requirements Oversight Council.

Sec. 944. Enhanced personnel management authorities for the Chief of the National Guard Bureau.

Sec. 945. Management of defense clandestine human intelligence collection.

Sec. 946. Repeal of Financial Management Modernization Executive Committee.

Sec. 947. Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special Needs.

Sec. 948. Pilot programs on waiver of applicability of rules and regulations to Department of Defense science and technology reinvention laboratories and DARPA to improve operations and personnel management.

Sec. 949. Redesignation of Assistant Secretary of the Air Force for Acquisition as Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics.

Subtitle D—Whistleblower Protections for Members of the Armed Forces

Sec. 961. Improvements to whistleblower protection procedures.

Sec. 962. Modification of whistleblower protection authorities to restrict contrary findings of prohibited personnel action by the Secretary concerned.

Sec. 963. Improvements to authorities and procedures for the correction of military records.

Sec. 964. Comptroller General of the United States review of integrity of Department of Defense whistleblower program.

Subtitle E—Other Matters

Sec. 971. Modification of requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing.

Sec. 972. Modification of authority of the Secretary of Defense relating to protection of the Pentagon Reservation and other Department of Defense facilities in the National Capital Region.

Sec. 973. Enhanced security programs for Department of Defense personnel and innovation initiatives.

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Increased use of commercial data integration and analysis products for the purpose of preparing financial statement audits.

Sec. 1003. Sense of Senate on sequestration.

Subtitle B—Counter-Drug Activities

Sec. 1006. Codification and modification of authority to provide support for counter-drug activities and activities to counter transnational organized crime of civilian law enforcement agencies.

Sec. 1007. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia.

Subtitle C—Naval Vessels and Shipyards

Sec. 1011. Availability of funds for retirement or inactivation of cruisers or dock landing ships.

Sec. 1012. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.

Subtitle D—Counterterrorism

Sec. 1021. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.

Sec. 1022. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1022A. Prohibition on reprogramming requests for funds for transfer or release, or construction for transfer or release, of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1023. Designing and planning related to construction of certain facilities in the United States.

Sec. 1024. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment.

Sec. 1025. Authority for article III judges to take certain actions relating to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1026. Extension of prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1027. Matters on memorandum of understanding between the United States and governments of receiving foreign countries and entities in certifications on transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1028. Limitation on transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, pending a report on their terrorist actions and affiliations.

Sec. 1029. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to countries covered by Department of State travel warnings.

Sec. 1030. Extension of prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba.

Subtitle E—Assured Access to Space

Sec. 1036. Restrictions on use of rocket engines from the Russian Federation for space launch of national security satellites.

Sec. 1037. Limitation on use of rocket engines from the Russian Federation to achieve assured access to space.

Sec. 1038. Repeal of provision permitting the use of rocket engines from the Russian Federation for the evolved expendable launch vehicle program.

Subtitle F—Miscellaneous Authorities and Limitations

Sec. 1041. Assigned forces of the combatant commands.

Sec. 1042. Quadrennial independent review of United States military strategy and force posture in the United States Pacific Command area of responsibility.

Sec. 1043. Designation of a Department of Defense Strategic Arctic Port.

Sec. 1044. Modification of requirements regarding notifications to Congress on sensitive military operations.

Sec. 1045. Reconnaissance Strike Group matters.

Sec. 1046. Transition of Air Force to operation of remotely piloted aircraft by enlisted personnel.

Sec. 1047. Prohibition on divestment of Marine Corps Search and Rescue Units.

Sec. 1048. Modification of requirements relating to management of military technicians.

Sec. 1049. Support for the Associate Director of the Central Intelligence Agency for Military Affairs.

Sec. 1050. Enhancement of interagency support during contingency operations and transition periods.

Sec. 1051. Enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense.

Sec. 1052. Notification on the provision of defense sensitive support.

Sec. 1053. Modification of authority to transfer Department of Defense property for law enforcement activities.

Sec. 1054. Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act.

Sec. 1055. Treatment of certain sensitive information by State and local governments.

Sec. 1056. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to certain persons.

Sec. 1057. Sense of the Senate on development and fielding of fifth generation airborne systems.

Sec. 1058. Technical and conforming amendments.

Subtitle G—National Commission on Military, National, and Public Service

Sec. 1066. Purpose and scope.

Sec. 1067. National Commission on Military, National, and Public Service.

Sec. 1068. Commission hearings and meetings.

Sec. 1069. Principles and procedure for Commission recommendations.

Sec. 1070. Executive Director and staff.

Sec. 1071. Judicial review precluded.

Sec. 1072. Termination.

Sec. 1073. Funding.

Subtitle H—Studies and Reports

Sec. 1076. Annual reports on unfunded priorities of the Armed Forces and the combatant commands.

Sec. 1077. Assessment of the joint ground forces of the Armed Forces.

Sec. 1078. Report on independent assessment of the force structure of the Armed Forces to meet the national defense strategy.

Sec. 1079. Annual report on observation flights over the United States under the Open Skies Treaty.

Sec. 1080. Reports on programs managed under alternative compensatory control measures in the Department of Defense.

Sec. 1081. Requirement for notice and reporting to Committees on Armed Services on certain expenditures of funds by Defense Intelligence Agency.

Sec. 1082. Repeal of Department of Defense reporting requirements for which statutory requirement is from an amendment made by an annual national defense authorization Act.

Sec. 1083. Repeal of Department of Defense reporting requirements for which statutory requirement is specified in an annual national defense authorization Act.

Sec. 1084. Repeal of requirements relating to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of Defense.

Sec. 1085. Report on priorities for bed downs, basing criteria, and special mission units for C–130J aircraft of the Air Force.

Subtitle I—Other Matters

Sec. 1086. Military service management of F–35 Joint Strike Fighter program.

Sec. 1087. Treatment of follow-on modernization for the F–35 joint strike fighter as a major defense acquisition program.

Sec. 1088. Reduction in minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained.

Sec. 1089. Streamlining of the National Security Council.

Sec. 1090. Form of annual national security strategy report.

Sec. 1091. Border security metrics.

Sec. 1092. Consolidation of marketing of the Army within the Army Marketing Research Group.

Sec. 1093. Protection against misuse of Naval Special Warfare Command insignia.

Sec. 1094. Program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier.

Sec. 1095. Sense of Congress regarding the OCONUS basing of the KC–46A aircraft.

Sec. 1096. Replacement of quadrennial defense review with national defense strategy.

Sec. 1097. Project management.

TITLE XI—Civilian Personnel Matters

Subtitle A—Department of Defense Matters Generally

Sec. 1101. Civilian personnel management.

Sec. 1102. Repeal of requirement for annual strategic workforce plan for the Department of Defense.

Sec. 1103. Temporary and term appointments in the competitive service in the Department of Defense.

Sec. 1104. Personnel authorities related to the defense acquisition workforce.

Sec. 1105. Direct hire authority for financial management experts in the Department of Defense workforce.

Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary students and recent graduates.

Sec. 1107. Public-private talent exchange.

Sec. 1108. Training for employment personnel of Department of Defense on matters relating to authorities for recruitment and retention at United States Cyber Command.

Sec. 1109. Increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense.

Sec. 1110. Repeal of certain basis for appointment of a retired member of the Armed Forces to Department of Defense position within 180 days of retirement.

Sec. 1111. Pilot programs on career sabbaticals for Department of Defense civilian employees.

Sec. 1112. Limitation on number of SES employees.

Sec. 1113. No time limitation for appointment of relocating military spouses.

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

Sec. 1121. Permanent personnel management authority for the Department of Defense for experts in science and engineering.

Sec. 1122. Permanent extension and modification of temporary authorities for certain positions at Department of Defense research and engineering laboratories.

Sec. 1123. Direct hire authority for scientific and engineering positions for test and evaluation facilities of the Major Range and Test Facility Base.

Sec. 1124. Permanent authority for the temporary exchange of information technology personnel.

Sec. 1125. Pilot program on enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of the Department of Defense.

Sec. 1126. Discharge of certain authorities to conduct personnel demonstration projects.

Subtitle C—Government-Wide Matters

Sec. 1131. Expansion of personnel flexibilities relating to land management agencies to include all agencies.

Sec. 1132. Direct hiring for Federal wage schedule employees.

Sec. 1133. Appointment authority for uniquely qualified prevailing rate employees.

Sec. 1134. Limitation on preference eligible hiring preferences for permanent employees in the competitive service.

Sec. 1135. Authority for advancement of pay for certain employees relocating within the United States and its territories.

Sec. 1136. Elimination of the foreign exemption provision in regard to overtime for federal civilian employees temporarily assigned to a foreign area.

Sec. 1137. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Subtitle D—Other Matters

Sec. 1151. Modification of flat rate per diem requirement for personnel on long-term temporary duty assignments.

Sec. 1152. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

TITLE XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and Training

Sec. 1201. Three-year extension of Commanders' Emergency Response Program.

Sec. 1202. Increase in size of the Special Defense Acquisition Fund.

Sec. 1203. Codification of authority for support of special operations to combat terrorism.

Sec. 1204. Prohibition on use of funds to invite, assist, or otherwise assure the participation of Cuba in certain joint or multilateral exercises.

Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1212. Modification of authority for reimbursement of certain coalition nations for support.

Sec. 1213. Prohibition on use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government personnel.

Sec. 1214. Reimbursement of Pakistan for security enhancement activities.

Sec. 1215. Improvement of oversight of United States Government efforts in Afghanistan.

Subtitle C—Matters Relating to Syria and Iraq

Sec. 1221. Extension and modification of authority to provide assistance to the vetted Syrian opposition.

Sec. 1222. Extension of authority to provide assistance to counter the Islamic State of Iraq and the Levant.

Sec. 1223. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Subtitle D—Matters Relating to Iran

Sec. 1226. Additional elements in the annual report on the military power of Iran.

Subtitle E—Matters Relating to the Russian Federation

Sec. 1231. Extension and enhancement of Ukraine Security Assistance Initiative.

Sec. 1232. Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises.

Sec. 1233. Additional matters in annual report on military and security developments involving the Russian Federation.

Sec. 1234. European investment in security and stability.

Sec. 1235. Sense of Senate on European Deterrence Initiative.

Subtitle F—Matters Relating to Asia-Pacific Region

Sec. 1241. Annual update of Department of Defense Freedom of Navigation Report.

Sec. 1242. Inclusion of the Philippines among allied countries with whom United States may enter into cooperative military airlift agreements.

Sec. 1243. Military exchanges between the United States and Taiwan.

Sec. 1244. Sense of Senate on Taiwan.

Sec. 1245. Sense of Senate on enhancement of the military relationship between the United States and Vietnam.

Sec. 1246. Redesignation of South China Sea Initiative.

Sec. 1247. Military-to-military exchanges with India.

Subtitle G—Reform of Department of Defense Security Cooperation

Sec. 1251. Sense of Congress on security sector assistance.

Sec. 1252. Enactment of new chapter for defense security cooperation.

Sec. 1253. Military-to-military exchanges.

Sec. 1254. Consolidation and revision of authorities for payment of personnel expenses necessary for theater security cooperation.

Sec. 1255. Transfer and revision of authority on payment of expenses in connection with training and exercises with friendly foreign forces.

Sec. 1256. Transfer and revision of authority to provide operational support to forces of friendly foreign countries.

Sec. 1257. Department of Defense State Partnership Program.

Sec. 1258. Modification of Regional Defense Combating Terrorism Fellowship Program.

Sec. 1259. Consolidation of authorities for service academy international engagement.

Sec. 1260. Security Cooperation Enhancement Fund.

Sec. 1261. Consolidation and standardization of reporting requirements relating to security cooperation authorities.

Sec. 1262. Requirement for submittal of consolidated annual budget for security cooperation programs and activities of the Department of Defense.

Sec. 1263. Department of Defense security cooperation workforce development.

Sec. 1264. Coordination between Department of Defense and Department of State on certain security cooperation and security assistance programs and activities.

Sec. 1265. Repeal of superseded, obsolete, or duplicative statutes relating to security cooperation authorities.

Subtitle H—Miscellaneous Reports and Other Matters

Sec. 1271. Free trade agreements with sub-Saharan African countries.

Sec. 1272. Extension and expansion of authority to support border security operations of certain foreign countries.

Sec. 1273. Modification and clarification of United States-Israel anti-tunnel cooperation authority.

Sec. 1274. Modification to and extension of authorization of non-conventional assisted recovery capabilities.

Sec. 1275. Assessment of proliferation of certain remotely piloted aircraft systems.

Sec. 1276. Efforts to end modern slavery.

Sec. 1277. Sense of Congress on commitment to the Republic of Palau.

Subtitle I—Human Rights Sanctions

Sec. 1281. Short title.

Sec. 1282. Definitions.

Sec. 1283. Authorization of imposition of sanctions.

Sec. 1284. Reports to Congress.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction funds.

Sec. 1302. Funding allocations.

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Sec. 1406. Security Cooperation Enhancement Fund.

Subtitle B—National Defense Stockpile

Sec. 1411. National Defense Stockpile matters.

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

Subtitle C—Chemical Demilitarization Matters

Sec. 1421. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama.

Sec. 1422. National Academies of Sciences study on conventional munitions demilitarization alternative technologies.

Subtitle D—Other Matters

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

Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home.

TITLE XV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose.

Sec. 1502. Overseas contingency operations.

Sec. 1503. Procurement.

Sec. 1504. Research, development, test, and evaluation.

Sec. 1505. Operation and maintenance.

Sec. 1506. Military personnel.

Sec. 1507. Working capital funds.

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1509. Defense Inspector General.

Sec. 1510. Defense Health Program.

Sec. 1511. Security Cooperation Enhancement Fund.

Subtitle B—Financial Matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

Subtitle C—Limitations, Reports, and Other Matters

Sec. 1531. Joint Improvised Explosive Device Defeat Fund.

Sec. 1532. Extension and modification of authorities on Counterterrorism Partnerships Fund.

Sec. 1533. Afghanistan Security Forces Fund.

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space Activities

Sec. 1601. Requirement that pilot program for acquisition of commercial satellite communication services demonstrate order-of-magnitude improvements in satellite communications capabilities.

Sec. 1602. Plan for use of allied launch vehicles.

Sec. 1603. Long-term strategy on electromagnetic spectrum for warfare.

Sec. 1604. Five-year plan for Joint Interagency Combined Space Operations Center.

Sec. 1605. Independent assessment of Global Positioning System Next Generation Operational Control System.

Sec. 1606. Government Accountability Office assessment of satellite acquisition by National Reconnaissance Office.

Sec. 1607. Cost-benefit analysis of commercial use of excess ballistic missile solid rocket motors.

Sec. 1608. Assessment of cost-benefit analyses by Department of Defense of use of KA-band commercial satellite communications.

Sec. 1609. Limitation on use of funds for Joint Space Operations Center Mission System.

Sec. 1610. Limitation on availability of fiscal year 2017 funds for the Global Positioning System Next Generation Operational Control System.

Sec. 1611. Availability of certain amounts to meet requirements in connection with United States policy on assured access to space.

Sec. 1612. Availability of funds for certain secure voice conferencing capabilities.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Department of Defense-wide requirements for security clearances for military intelligence officers.

Subtitle C—Cyber Warfare, Cybersecurity, and Related Matters

Sec. 1631. Cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack.

Sec. 1632. Cyber Mission Forces matters.

Sec. 1633. Limitation on ending of arrangement in which the Commander of the United States Cyber Command is also Director of the National Security Agency.

Sec. 1634. Pilot program on application of consequence-driven, cyber-informed engineering to mitigate against cybersecurity threats to operating technologies of military installations.

Sec. 1635. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems.

Sec. 1636. Review and assessment of technology strategy and development at Defense Information Systems Agency.

Sec. 1637. Evaluation of cyber vulnerabilities of Department of Defense critical infrastructure.

Sec. 1638. Plan for information security continuous monitoring capability and comply-to-connect policy.

Sec. 1639. Report on authority delegated to Secretary of Defense to conduct cyber operations.

Sec. 1640. Deterrence of adversaries in cyberspace.

Subtitle D—Nuclear Forces

Sec. 1651. Procurement authority for certain parts of intercontinental ballistic missile fuzes.

Sec. 1652. Modification of report on activities of the Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 1653. Review by Comptroller General of the United States of recommendations relating to nuclear enterprise of Department of Defense.

Sec. 1654. Sense of Congress on nuclear deterrence.

Sec. 1655. Expedited decision with respect to securing land-based missile fields.

Subtitle E—Missile Defense Programs

Sec. 1661. Required testing by Missile Defense Agency of ground-based midcourse defense element of ballistic missile defense system.

Sec. 1662. Iron Dome short-range rocket defense system codevelopment and coproduction.

Sec. 1663. Non-terrestrial missile defense intercept and defeat capability for the ballistic missile defense system.

Sec. 1664. Review of pre-launch missile defense strategy.

Sec. 1665. Modification of national missile defense policy.

Sec. 1666. Extension of prohibitions on providing certain missile defense information to the Russian Federation.

Subtitle F—Other Matters

Sec. 1671. Survey and review of Defense Intelligence Enterprise.

Sec. 1672. Milestone A decision for the Conventional Prompt Global Strike Weapons System.

Sec. 1673. Cyber Center for Education and Innovation and National Cryptologic Museum.

DIVISION B—Military construction authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

TITLE XXI—Army military construction

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXII—Navy military construction

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXIII—Air Force military construction

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2306. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXIV—Defense agencies military construction

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized energy conservation projects.

Sec. 2403. Authorization of appropriations, defense agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects.

Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects.

TITLE XXV—International programs

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host country In-Kind contributions

Sec. 2511. Republic of Korea funded construction projects.

TITLE XXVI—Guard and Reserve Forces facilities

Subtitle A—Project authorizations and authorization of appropriations

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other matters

Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project.

Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project.

Sec. 2613. Extension of authorization of certain fiscal year 2013 project.

Sec. 2614. Extension of authorizations of certain fiscal year 2014 projects.

Sec. 2615. Report on replacement of security forces and communications training facility at Frances S. Gabreski Air National Guard Base, New York.

TITLE XXVII—Base realignment and closure activities

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

TITLE XXVIII—Military construction general provisions

Subtitle A—Military construction program and military family housing changes

Sec. 2801. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2802. Limited authority for scope of work increase.

Sec. 2803. Permanent authority for acceptance and use of contributions for certain construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.

Subtitle B—Real property and facilities administration

Sec. 2811. Authority to carry out military construction projects for energy resiliency and security projects not previously authorized.

Sec. 2812. Authority of the Secretary concerned to accept lessee improvements at Government-owned/contractor-operated industrial plants or facilities.

Sec. 2813. Treatment of insured depository institutions operating on land leased from military installations.

Subtitle C—Land conveyances

Sec. 2821. Land acquisitions, Arlington County, Virginia.

Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.

Sec. 2823. Land conveyance, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska.

Sec. 2824. Transfer of Fort Belvoir Mark Center Campus from the Secretary of the Army to the Secretary of Defense and applicability of certain provisions of law relating to the Pentagon Reservation.

Sec. 2825. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona.

Sec. 2826. Lease, Joint Base Elmendorf-Richardson, Alaska.

Subtitle D—Utah land withdrawals and exchanges.

PART I—Authorization for temporary closure of certain public land adjacent to the Utah Test and Training Range

Sec. 2831. Short title.

Sec. 2832. Definitions.

Sec. 2833. Memorandum of agreement.

Sec. 2834. Temporary closures.

Sec. 2835. Liability.

Sec. 2836. Community resource advisory group.

Sec. 2837. Savings clauses.

PART II—Bureau of Land Management land exchange with State of Utah

Sec. 2841. Definitions.

Sec. 2842. Exchange of federal land and non-federal land.

Sec. 2843. Status and management of non-federal land acquired by the United States.

Sec. 2844. Hazardous materials.

Subtitle E—Other matters

Sec. 2851. Certification of optimal location for 4th and 5th generation combat aircraft basing and for rotation of forces at Naval Air Station El Centro or Marine Corps Air Station Kaneohe Bay.

Sec. 2852. Replenishment of Sierra Vista Subwatershed regional aquifer, Arizona.

TITLE XXIX—Overseas contingency operations military construction

Sec. 2901. Authorized Navy construction and land acquisition projects.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorization of appropriations.

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Common financial systems for the nuclear security enterprise.

Sec. 3112. Industry best practices in operations at National Nuclear Security Administration facilities and sites.

Sec. 3113. Limitation on acceleration of dismantlement of retired nuclear weapons.

Sec. 3114. Contract for mixed-oxide fuel fabrication facility construction project.

Sec. 3115. Unavailability for general and administrative overhead costs of amounts specified for certain laboratories for laboratory-directed research and development.

Sec. 3116. Increase in certain limitations applicable to funds for conceptual and construction design of the Department of Energy.

Subtitle C—Plans and Reports

Sec. 3121. Estimate of total life cycle cost of tank waste cleanup at Hanford Reservation.

Sec. 3122. Analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation.

Sec. 3123. Analyses of options for disposal of high-level radioactive waste.

Sec. 3124. Elimination of duplication in reviews by Comptroller General of the United States.

Sec. 3125. Repeal of requirement for Comptroller General of the United States report on the program on scientific engagement for nonproliferation.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII—Federal Aviation Administration third class medical reform and general aviation pilot protections

Sec. 3301. Short title.

Sec. 3302. Medical certification of certain small aircraft pilots.

Sec. 3303. Expansion of Pilot's Bill of Rights.

Sec. 3304. Limitations on reexamination of certificate holders.

Sec. 3305. Expediting updates to NOTAM program.

Sec. 3306. Accessibility of certain flight data.

Sec. 3307. Authority for legal counsel to issue certain notices.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Maritime Administration.

Sec. 3502. National security floating dry docks.

DIVISION D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—Procurement

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

TITLE XLII—Research, Development, Test, and Evaluation

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

TITLE XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

TITLE XLIV—Military Personnel

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

TITLE XLV—Other Authorizations

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

TITLE XLVI—Military Construction

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

TITLE XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

DIVISION E—Uniform Code of Military Justice Reform

Sec. 5001. Short title.

TITLE LI—General Provisions

Sec. 5101. Definitions.

Sec. 5102. Clarification of persons subject to UCMJ while on inactive-duty training.

Sec. 5103. Staff judge advocate disqualification due to prior involvement in case.

Sec. 5104. Conforming amendment relating to military magistrates.

Sec. 5105. Rights of victim.

TITLE LII—Apprehension and Restraint

Sec. 5121. Restraint of persons charged.

Sec. 5122. Modification of prohibition of confinement of members of the Armed Forces with enemy prisoners and certain others.

TITLE LIII—Non-Judicial Punishment

Sec. 5141. Modification of confinement as non-judicial punishment.

TITLE LIV—Court-Martial Jurisdiction

Sec. 5161. Courts-martial classified.

Sec. 5162. Jurisdiction of general courts-martial.

Sec. 5163. Jurisdiction of special courts-martial.

Sec. 5164. Summary court-martial as non-criminal forum.

TITLE LV—Composition of Courts-Martial

Sec. 5181. Technical amendment relating to persons authorized to convene general courts-martial.

Sec. 5182. Who may serve on courts-martial and related matters.

Sec. 5183. Number of court-martial members in capital cases.

Sec. 5184. Detailing, qualifications, and other matters relating to military judges.

Sec. 5185. Qualifications of trial counsel and defense counsel.

Sec. 5186. Assembly and impaneling of members and related matters.

Sec. 5187. Military magistrates.

TITLE LVI—Pre-Trial Procedure

Sec. 5201. Charges and specifications.

Sec. 5202. Proceedings conducted before referral.

Sec. 5203. Preliminary hearing required before referral to general court-martial.

Sec. 5204. Disposition guidance.

Sec. 5205. Advice to convening authority before referral for trial.

Sec. 5206. Service of charges and commencement of trial.

TITLE LVII—Trial Procedure

Sec. 5221. Duties of assistant defense counsel.

Sec. 5222. Sessions.

Sec. 5223. Technical amendment relating to continuances.

Sec. 5224. Conforming amendments relating to challenges.

Sec. 5225. Statute of limitations.

Sec. 5226. Former jeopardy.

Sec. 5227. Pleas of the accused.

Sec. 5228. Subpoena and other process.

Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evidence.

Sec. 5230. Contempt.

Sec. 5231. Depositions.

Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records of courts of inquiry.

Sec. 5233. Conforming amendment relating to defense of lack of mental responsibility.

Sec. 5234. Voting and rulings.

Sec. 5235. Votes required for conviction, sentencing, and other matters.

Sec. 5236. Findings and sentencing.

Sec. 5237. Plea agreements.

Sec. 5238. Record of trial.

TITLE LVIII—Sentences

Sec. 5261. Sentencing.

Sec. 5262. Effective date of sentences.

Sec. 5263. Sentence of reduction in enlisted grade.

Sec. 5264. Repeal of sentence reduction provision when interim guidance takes effect.

TITLE LIX—Post-Trial Procedure and Review of Courts-Martial

Sec. 5281. Post-trial processing in general and special courts-martial.

Sec. 5282. Limited authority to act on sentence in specified post-trial circumstances.

Sec. 5283. Post-trial actions in summary courts-martial and certain general and special courts-martial.

Sec. 5284. Entry of judgment.

Sec. 5285. Waiver of right to appeal and withdrawal of appeal.

Sec. 5286. Appeal by the United States.

Sec. 5287. Rehearings.

Sec. 5288. Judge advocate review of finding of guilty in summary court-martial.

Sec. 5289. Transmittal and review of records.

Sec. 5290. Courts of Criminal Appeals.

Sec. 5291. Review by Court of Appeals for the Armed Forces.

Sec. 5292. Supreme Court review.

Sec. 5293. Review by Judge Advocate General.

Sec. 5294. Appellate defense counsel in death penalty cases.

Sec. 5295. Authority for hearing on vacation of suspension of sentence to be conducted by qualified judge advocate.

Sec. 5296. Extension of time for petition for new trial.

Sec. 5297. Restoration.

Sec. 5298. Leave requirements pending review of certain court-martial convictions.

TITLE LX—Punitive Articles

Sec. 5301. Reorganization of punitive articles.

Sec. 5302. Conviction of offense charged, lesser included offenses, and attempts.

Sec. 5303. Soliciting commission of offenses.

Sec. 5304. Malingering.

Sec. 5305. Breach of medical quarantine.

Sec. 5306. Missing movement; jumping from vessel.

Sec. 5307. Offenses against correctional custody and restriction.

Sec. 5308. Disrespect toward superior commissioned officer; assault of superior commissioned officer.

Sec. 5309. Willfully disobeying superior commissioned officer.

Sec. 5310. Prohibited activities with military recruit or trainee by person in position of special trust.

Sec. 5311. Offenses by sentinel or lookout.

Sec. 5312. Disrespect toward sentinel or lookout.

Sec. 5313. Release of prisoner without authority; drinking with prisoner.

Sec. 5314. Penalty for acting as a spy.

Sec. 5315. Public records offenses.

Sec. 5316. False or unauthorized pass offenses.

Sec. 5317. Impersonation offenses.

Sec. 5318. Insignia offenses.

Sec. 5319. False official statements; false swearing.

Sec. 5320. Parole violation.

Sec. 5321. Wrongful taking, opening, etc. of mail matter.

Sec. 5322. Improper hazarding of vessel or aircraft.

Sec. 5323. Leaving scene of vehicle accident.

Sec. 5324. Drunkenness and other incapacitation offenses.

Sec. 5325. Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel.

Sec. 5326. Endangerment offenses.

Sec. 5327. Communicating threats.

Sec. 5328. Technical amendment relating to murder.

Sec. 5329. Child endangerment.

Sec. 5330. Rape and sexual assault offenses.

Sec. 5331. Deposit of obscene matter in the mail.

Sec. 5332. Fraudulent use of credit cards, debit cards, and other access devices.

Sec. 5333. False pretenses to obtain services.

Sec. 5334. Robbery.

Sec. 5335. Receiving stolen property.

Sec. 5336. Offenses concerning Government computers.

Sec. 5337. Bribery.

Sec. 5338. Graft.

Sec. 5339. Kidnapping.

Sec. 5340. Arson; burning property with intent to defraud.

Sec. 5341. Assault.

Sec. 5342. Burglary and unlawful entry.

Sec. 5343. Stalking.

Sec. 5344. Subornation of perjury.

Sec. 5345. Obstructing justice.

Sec. 5346. Misprision of serious offense.

Sec. 5347. Wrongful refusal to testify.

Sec. 5348. Prevention of authorized seizure of property.

Sec. 5349. Wrongful interference with adverse administrative proceeding.

Sec. 5350. Retaliation.

Sec. 5351. Extraterritorial application of certain offenses.

Sec. 5352. Table of sections.

TITLE LXI—Miscellaneous Provisions

Sec. 5401. Technical amendments relating to courts of inquiry.

Sec. 5402. Technical amendment to article 136.

Sec. 5403. Articles of Uniform Code of Military Justice to be explained to officers upon commissioning.

Sec. 5404. Military justice case management; data collection and accessibility.

TITLE LXII—Military Justice Review Panel and Annual Reports

Sec. 5421. Military Justice Review Panel.

Sec. 5422. Annual reports.

TITLE LXIII—Conforming Amendments and Effective Dates

Sec. 5441. Amendments to UCMJ subchapter tables of sections.

Sec. 5442. Effective dates.

3.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

A

Department of Defense authorizations

I

Procurement

A

Authorization of Appropriations

101.

Authorization of appropriations

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

B

Army Programs

111.

Distributed Common Ground System-Army

(a)

Training for operators

The Secretary of the Army shall take such actions as may be necessary to improve training for operators of the Distributed Common Ground System–Army (DCGS–A) and their leaders, at division level and below tactical units, with equipment that was current as of the day before the date of the enactment of this Act.

(b)

Fielding of capability

(1)

In general

The Secretary shall rapidly identify and field a capability for fixed and deployable multi-source ground processing systems for units described in subsection (a).

(2)

Commercially available equipment

In meeting the requirement in paragraph (1), the Secretary shall procure a commercially available off the shelf, non-developmental capability that—

(A)

meets essential tactical operational requirements for processing, analyzing and displaying intelligence information;

(B)

is substantially easier for personnel in tactical units to use than the Distributed Common Ground System–Army; and

(C)

requires less training than the Distributed Common Ground System–Army.

(3)

Limitation on award of contract

The Secretary may not award any contract for the design, development, procurement, or operation and maintenance of any data architecture, data integration, cloud capability, data analysis, or data visualization and workflow capabilities, including various warfighting function-related tools under or contributing to any increment of the Distributed Common Ground System–Army, for tactical units described in subsection (a) unless the contract—

(A)

is awarded not later than 180 days after the date of the enactment of this Act;

(B)

is awarded using procedures relating to the acquisition of commercial items pursuant to part 12 of the Federal Acquisition Regulation (48 CFR 12.000 et seq.);

(C)

includes firm fixed-price procedures; and

(D)

provides that the technology to be procured through the contract will—

(i)

begin initial fielding rapidly after the contract award;

(ii)

achieve Initial Operating Capability (IOC) within nine months of the contract award; and

(iii)

achieve Full Operating Capability (FOC) within 18 months of the contract award.

112.

Multiyear procurement authority for UH–60M/HH–60M Black Hawk helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2017 program year, for the procurement of UH–60M/HH–60M Black Hawk helicopters.

(b)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such later fiscal year.

113.

Multiyear procurement authority for AH–64E Apache helicopters

(a)

Authority for multiyear procurement

Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2017 program year, for the procurement of AH–64E Apache helicopters.

(b)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such later fiscal year.

C

Navy Programs

121.

Incremental funding for detail design and construction of LHA replacement ship designated LHA 8

(a)

Authority To use incremental funding

The Secretary of the Navy may enter into and incrementally fund a contract for detail design and construction of the LHA Replacement ship designated LHA 8 and, subject to subsection (b), funds for payments under the contract may be provided from amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2017 and 2018.

(b)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for any subsequent fiscal year is subject to the availability of appropriations for that purpose for such subsequent fiscal year.

122.

Littoral Combat Ship

(a)

Report on littoral combat ship mission packages

(1)

In general

The Secretary of the Navy shall include annually with the justification materials submitted with the budget of the President under section 1105(a) of title 31, United States Code, a report on Littoral Combat Ship mission packages.

(2)

Elements

The report required under paragraph (1) shall include for each mission package and increment therein the following elements:

(A)

A description of the current status of and plans for development, production, and sustainment, including—

(i)

currently projected versus originally estimated unit costs for each system composing the mission package;

(ii)

currently projected versus originally estimated development cost, procurement cost, and 20-year sustainment cost for each system composing the mission package;

(iii)

demonstrated versus required performance for each system composing the mission package and for the mission package as a whole; and

(iv)

realized and potential cost, schedule, or performance problems with such development, production, or sustainment and mitigation plans to address such problems.

(B)

A description, including dates, for each developmental test, operational test, integrated test, and follow-on test event completed in the preceding fiscal year and forecast in the current fiscal year and each of the next five fiscal years.

(C)

The planned initial operational capability (IOC) date and a description of the performance level criteria that must be demonstrated to declare IOC.

(D)

A description of systems that reached IOC in the preceding fiscal year and the performance level demonstrated versus the performance level required.

(E)

The acquisition inventory objective listed by system.

(F)

The current locations and quantities of delivered systems listed by city, State, and country.

(G)

The planned locations and quantities of systems listed city, State, and country in each of the next five fiscal years.

(b)

Certification of littoral combat ship mission package program of record

(1)

In general

The Undersecretary of Defense for Acquisition, Technology, and Logistics shall include with the justification materials submitted with the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2018 a certification on Littoral Combat Ship mission packages.

(2)

Certification

The certification required under paragraph (1) shall include the current program of record quantity for—

(A)

surface warfare (SUW) mission packages;

(B)

anti-submarine warfare (ASW) mission packages; and

(C)

mine countermeasures (MCM) mission packages.

(c)

Limitation on the use of funds To revise or deviate from the Littoral Combat Ship acquisition strategy

(1)

Limitation on revisions and deviations

Except as provided under paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2017 may be used to revise or deviate from revision three of the Littoral Combat Ship acquisition strategy.

(2)

Waiver

The Secretary of Defense may waive the limitation required under paragraph (1) if the Secretary submits to the congressional defense committees a notification of such waiver. The waiver shall include—

(A)

the rationale of the Secretary for issuing such waiver to revise or deviate from revision three of the Littoral Combat Ship acquisition strategy;

(B)

a determination that a proposed revision to, or deviation from, revision three of the Littoral Combat Ship acquisition strategy is in the national security interest;

(C)

a description of the specific revisions or deviations to the Littoral Combat Ship acquisition strategy;

(D)

the Littoral Combat Ship acquisition strategy that is in effect following such revision or deviation; and

(E)

Independent Cost Estimates prepared by the Assistant Secretary of the Navy for Financial Management and Comptroller, as well as the Office of the Secretary of Defense, that compare the cost of such revision or deviation to revision three of the Littoral Combat Ship acquisition strategy.

(d)

Definitions

In this section:

(1)

Littoral Combat Ship mission package

The term Littoral Combat Ship mission package means a mission module combined with the crew detachment and support aircraft.

(2)

Mission module

The term mission module means the mission systems (such as vehicles, communications, sensors, weapons systems) combined with support equipment (such as support containers and standard interfaces) and software (including related to the mission package computing environment and multiple vehicle communications system).

(e)

Repeal of reporting requirements related to naval vessels and merchant marine

Section 126 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1657) is amended by striking subsection (b).

123.

Certification on ship deliveries

(a)

In general

The delivery of the USS JOHN F. KENNEDY (CVN–79), the USS ZUMWALT (DDG–1000), and any other new construction ship that employs a multiple phase delivery scheme shall be deemed to occur at the completion of the final phase of construction.

(b)

Certification requirement

Not later than January 1, 2017, the Secretary of the Navy shall certify that ship delivery dates have been adjusted in accordance with subsection (a). The certification shall include the ship hull numbers and delivery date adjustments. The adjustments shall be reflected in the budget of the President submitted under section 1105(a) of title 31, United States Code, as well as Department of Defense Selected Acquisition Reports.

124.

Limitation on the use of sole source shipbuilding contracts

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for Joint High Speed Vessels (JHSV) or Expeditionary Fast Transports (EPF) may be used to enter into or prepare to enter into a sole source contract unless the Secretary of the Navy submits to the congressional defense committees the certification described in subsection (b) and the report described in subsection (c).

(b)

Certification

A certification described in this subsection is a certification by the Secretary of the Navy that a contract for one or more Joint High Speed Vessels (JHSV) or Expeditionary Fast Transports (EPF)—

(1)

is in the national security interest of the United States;

(2)

will not result in exceeding the requirement for the ship class, as delineated in the most recent Navy Force Structure Assessment;

(3)

will use a fixed-price contract;

(4)

will include a fair and reasonable contract price, as determined at the discretion of the Service Acquisition Executive; and

(5)

will provide for government purpose data rights of the ship design.

(c)

Report

A report described in this subsection is a report that contains the following elements:

(1)

The basis for awarding a non-competitive sole source contract.

(2)

A description of courses of action to achieve competitive ship or component-level contract awards in the future, should additional ships in the class be procured, including for each such course of action, a notional implementation schedule and associated cost savings, as compared to a sole source award.

125.

Limitation on availability of funds for the Advanced Arresting Gear program

(a)

Limitation on funds

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for research and development, design, procurement, or advanced procurement of materials for the Advanced Arresting Gear to be installed on USS ENTERPRISE (CVN–80) may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report described under section 2433a(c)(2) of title 10, United States Code, for the Advanced Arresting Gear program.

(b)

Baseline Estimate

The Secretary of Defense shall deem the 2009 Advanced Arresting Gear acquisition program baseline as the original Baseline Estimate and execute the requirements of sections 2433 and 2433a of title 10, United States Code, as though the Department had submitted a Selected Acquisition Report with this Baseline Estimate included.

126.

Limitation on procurement of USS JOHN F. KENNEDY (CVN–79) and USS ENTERPRISE (CVN–80)

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for advance procurement or procurement of USS JOHN F. KENNEDY (CVN–79) or USS ENTERPRISE (CVN–80), not more than 25 percent may be obligated or expended until the Secretary of the Navy and the Chief of Naval Operations submit to the congressional defense committees the report required under subsection (b).

(b)

Report on CVN–79 and CVN–80

Not later than December 1, 2016, the Secretary of the Navy and the Chief of Naval Operations shall submit to the congressional defense committees a report on alternatives, including de-scoping requirements if necessary, to achieve a CVN–80 procurement end cost of $12,000,000,000. In addition, the report shall describe all applicable CVN–80 alternatives that could be applied to CVN–79 to enable an $11,000,000,000 procurement end cost.

(c)

Annual report on CVN–79 and CVN–80

(1)

In general

The Secretary of the Navy and the Chief of Naval Operations shall annually submit, with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, a progress report describing efforts to attain the CVN–79 and CVN–80 procurement end costs specified in subsection (b).

(2)

Elements

The report under paragraph (1) shall include the following elements:

(A)

A description of progress made toward achieving the procurement end costs specified in subsection (b), including realized cost savings.

(B)

A description of specific low value-added or unnecessary elements of program cost that have been reduced or eliminated.

(C)

Cost savings estimates for current and planned initiatives.

(D)

A schedule including a spend plan with phasing of key obligations and outlays, decision points when savings could be realized, and key events that must take place to execute initiatives and achieve savings.

(E)

Instances of lower estimates used in contract negotiations.

(F)

A description of risks to achieving the procurement end costs specified in subsection (b).

(G)

A description of incentives or rewards provided or planned to be provided for meeting the procurement end costs specified in subsection (b).

127.

Limitation on availability of funds for Tactical Combat Training System Increment II

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense for the Tactical Combat Training System Increment II, not more than 75 percent may be obligated or expended until 60 days after the Secretary of the Navy submits to the congressional defense committees the report required by section 235 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 780).

D

Air Force Programs

141.

Extension of prohibition on availability of funds for retirement of A–10 aircraft

Section 142 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755) is amended—

(1)

in subsection (a)—

(A)

by inserting or any subsequent fiscal year after fiscal year 2016; and

(B)

by inserting until the Secretary of the Air Force and Chief of Staff of the Air Force submit to the congressional defense committees the report described in subsection (f)(2) before the period at the end;

(2)

in subsection (b)(1)—

(A)

by striking during the period before December 31, 2016,; and

(B)

by inserting until the Secretary and Chief of Staff submit the report described in subsection (f)(2) before the period at the end;

(3)

in subsection (c)—

(A)

by inserting or any subsequent fiscal year after fiscal year 2016; and

(B)

by inserting or to reduce manning levels to less than those commensurate with other Air Force fighter operational, test, or training units or divisions until the Secretary and the Chief of Staff submit the report described in subsection (f)(2) before the period at the end;

(4)

in subsection (d)—

(A)

by striking during the period before December 31, 2016,; and

(B)

by inserting until the Secretary and Chief of Staff submit the report described in subsection (f)(2) before the period at the end;

(5)

by redesignating subsection (e) as subsection (g); and

(6)

by inserting after subsection (d) the following new subsections:

(e)

Comparison test of the F–35A and A–10C aircraft

The Director for Operational Test and Evaluation (DOT&E) shall ensure the initial operational test and evaluation (IOT&E) of the F–35 aircraft includes a realistic comparison and evaluation test examining the abilities of the F–35A aircraft and A–10C aircraft in conducting close air support, combat search and rescue, and forward air controller (airborne) missions under a tactically representative variety of combat conditions.

(f)

Reports required

(1)

Director of Operational Test and Evaluation

The Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the following elements:

(A)

The results and findings of the initial operational test and evaluation of the F–35 aircraft program.

(B)

The results and findings of the comparison test and evaluation required under subsection (e) that details the results of all scenarios tested and the capabilities of the F–35A and the A–10C aircraft in conducting close air support, combat search and rescue, and forward air controller (airborne) missions in a tactically representative variety of combat conditions.

(C)

A detailed assessment of the F–35A aircraft’s close air support, combat search and rescue, and forward air controller (airborne) capabilities and whether the replacement of the A–10C aircraft with the F–35A aircraft for these missions would create a capability gap in these missions.

(2)

Secretary of the Air Force and Chief of Staff of the Air Force

(A)

Report required

Not later than 180 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force and Chief of Staff of the Air Force shall submit to the congressional defense committees a report that includes—

(i)

the views of the Secretary and Chief of Staff with respect to the results of the initial operational test and evaluation of the F–35 aircraft program as summarized in the report under paragraph (1), including any issues or concerns of the Secretary and Chief of Staff with respect to such results;

(ii)

a plan for addressing any deficiencies and carrying out any corrective actions identified in such report; and

(iii)

short-term and long-term strategies for preserving the capability of the Air Force to conduct close air support, combat search and rescue, and airborne forward air controller missions.

(B)

Report by Comptroller General of the United States

(i)

In general

Not later than 90 days after the date that the Secretary of the Air Force and Chief of Staff of the Air Force submit the report required under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report on the report submitted under such subparagraph.

(ii)

Contents

The report submitted under clause (i) shall include the following:

(I)

An assessment of whether the conclusions and assertions included in the report submitted under subparagraph (A) are comprehensive, fully supported, and sufficiently detailed.

(II)

An identification of any shortcomings, limitations, or other reportable matters that affect the quality of the report’s findings or conclusions.

(3)

Form

The reports submitted under paragraph (1) and paragraph (2)(B) may be submitted in classified form, but shall contain unclassified summaries.

.

142.

Limitation on availability of funds for destruction of A–10 aircraft in storage status

(a)

Limitation

None of the amounts authorized to be appropriated by this Act or otherwise made available for the Air Force may be obligated or expended to scrap, destroy, or otherwise dispose of any A–10 aircraft in any storage status in the Aerospace Maintenance and Regeneration Group (AMARG) that have serviceable wings or other components that could be used to prevent total active inventory A–10 aircraft from being permanently removed from flyable status due to unserviceable wings or other components until the F–35 initial operational test and evaluation is complete and the Secretary of the Air Force and Chief of Staff of the Air Force submit the report required under subsection (f)(2) of section 142 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755), as added by section 141 of this Act.

(b)

Notification requirement

The Deputy Chief of Staff of the Air Force for Logistics, Engineering and Force Protection shall notify the congressional defense committees at least 45 calendar days in advance of any action to scrap, destroy, or otherwise dispose of any A–10 aircraft in any storage status at AMARG. The notification shall include a certification that the A–10 aircraft does not possess serviceable wings or other components necessary to prevent the permanent removal from flyable status of total active inventory A–10 aircraft.

(c)

Plan To prevent removal of total active inventory A–10 aircraft from flyable status

The Secretary of the Air Force shall submit with the budget for the Department of Defense for fiscal year 2018, as submitted to Congress pursuant to section 1105 of title 31, United States Code, and shall implement, a plan to prevent any total active inventory A–10 aircraft from being permanently removed from flyable status for unserviceable wings or any other required component over the course of the future years defense plan.

143.

Repeal of the requirement to preserve certain retired C–5 aircraft

Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1659) is amended—

(1)

by striking subsection (d); and

(2)

by redesignating subsection (e) as subsection (d).

144.

Repeal of requirement to preserve F–117 aircraft in recallable condition

Section 136 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) is amended by striking subsection (b).

145.

Limitation on availability of funds for EC–130H Compass Call recapitalization program

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 or any other fiscal year may be obligated or expended on the Air Force EC–130H Compass Call recapitalization program unless the Air Force conducts a full and open competition to acquire the replacement aircraft platform.

146.

Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 or any other fiscal year for the Air Force may be made available for the Air Force’s Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program unless the contract for engineering and manufacturing development uses a firm fixed-price contract structure.

E

Defense-wide, Joint and Multiservice Matters

151.

Report to Congress on independent study of future mix of aircraft platforms for the Armed Forces

(a)

Independent study

(1)

In general

The Secretary of Defense shall obtain a study, to be performed by an organization or entity independent of the Department of Defense selected by the Secretary for purposes of this section, that determines the following:

(A)

An optimized future mix of shorter range fighter-class strike aircraft and long range strike aircraft platforms for the Armed Forces.

(B)

An appropriate future mix of manned aerial platforms and unmanned aerial platforms for the Armed Forces.

(2)

Considerations in determining mix

The mixes determined pursuant to the study shall be determined taking into account relevant portions of the defense strategy, critical assumptions, priorities, force-sizing construct, and cost.

(b)

Report

(1)

In general

Not later than April 14, 2017, the Secretary shall submit to the congressional defense committees a comprehensive report on the results of the study required by subsection (a), including, at a minimum, the following:

(A)

A detailed discussion of the specific assumptions, observations, conclusions, and recommendations of the study.

(B)

A detailed description of the modeling and analysis techniques used for the study.

(C)

An overarching plan for fielding complementary weapons systems to meet combatant commander objectives and fulfilling warfighting capability and capacity requirements in the areas of an optimized force mix of—

(i)

long-range versus medium/short-range intelligence, surveillance, and reconnaissance (ISR)/strike platforms;

(ii)

manned versus unmanned platforms;

(iii)

observability characteristics;

(iv)

land-based versus sea-based capabilities;

(v)

advanced fourth-generation platforms of proven design;

(vi)

next generation air superiority capabilities; and

(vii)

game-changing, advanced technology innovations.

(2)

Form

The report required by paragraph (1) may be submitted in classified form, but shall include an unclassified executive summary.

(3)

Other submissions

The Secretary of Defense may refer to other reports or efforts of the Department of Defense for purposes of meeting the requirements of this subsection.

(4)

Congressional defense committees defined

ln this subsection, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

152.

Limitation on availability of funds for destruction of certain cluster munitions and report on Department of Defense policy and cluster munitions

(a)

Limitation

Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense may be obligated or expended for the destruction of cluster munitions before the date on which the Secretary of Defense submits the report required by subsection (c).

(b)

Exception for safety

The limitation under subsection (a) shall not apply to any cluster munitions that the Secretary determines are unsafe or could pose a safety risk if not demilitarized or destroyed.

(c)

Report required

(1)

In general

Not later than March 1, 2017, the Secretary of Defense shall submit to Congress a report that includes each of the following elements:

(A)

A description of the policy of the Department of Defense regarding the use of cluster munitions, including methods for commanders to seek waivers to use such munitions.

(B)

A 10-year projection of the requirements and inventory levels for all cluster munitions that takes into account future production of cluster munitions, any plans for demilitarization of such munitions, any plans for the recapitalization of such munitions, the age of the munitions, storage and safety considerations, and other factors that will impact the size of the inventory.

(C)

A 10-year projection for the cost to achieve the inventory levels projected in subparagraph (B), including the cost for potential demilitarization or disposal of such munitions.

(D)

A 10-year projection for the cost to develop and produce new cluster munitions compliant with the 2008 Department of Defense Policy on Cluster Munitions and Unintended Harm to Civilians that the Secretary determines are necessary to meet the demands of current operational plans.

(E)

An assessment, by the Chairman of the Joint Chiefs of Staff, of the effects of the projected cluster inventory on operational plans.

(F)

Any other matters that the Secretary determines should be included in the report.

(2)

Form of report

The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(d)

Cluster munitions defined

In this section, the term cluster munitions includes systems delivered by aircraft, cruise missiles, artillery, mortars, missiles, tanks, rocket launchers, or naval guns that deploy payloads of explosive submunitions that detonate via target acquisition, impact, or altitude, or that self-destruct (or a combination of both).

153.

Medium altitude intelligence, surveillance, and reconnaissance aircraft

(a)

Limitation on use of funds

None of the funds authorized to be appropriated for fiscal year 2017 for the Department of Defense by this Act and available for the procurement of manned medium altitude intelligence, surveillance, and reconnaissance aircraft by the United States Special Operations Command may be obligated or expended for that purpose until the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in consultation with the Commander of the United States Special Operations Command, submits to the congressional defense committees a report on the requirements of the Command for manned intelligence, surveillance, and reconnaissance aircraft.

(b)

Elements

The report described in subsection (a) shall include the following:

(1)

An accounting of all Government-owned, Government-operated and contractor-owned, and contractor-operated manned intelligence, surveillance, and reconnaissance aircraft funded by the United States Special Operations Command in fiscal year 2016.

(2)

An analysis of the remaining service life of the aircraft accounted for under paragraph (1).

(3)

An explanation of the plans of the Command with regard to the acquisition, sustainment, or divesture of Government-owned, Government-operated and contractor-owned, and contractor-operated manned intelligence, surveillance, and reconnaissance aircraft over term of the future-years defense program submitted to Congress in 2016.

(4)

A timeline for establishing a program of record for next generation manned intelligence, surveillance, and reconnaissance aircraft for the Command.

(5)

Such other matters with respect to manned intelligence, surveillance, and reconnaissance aircraft for the Command as the Assistant Secretary considers appropriate.

II

Research, Development, Test, and Evaluation

A

Authorization of Appropriations

201.

Authorization of appropriations

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

B

Program Requirements, Restrictions, and Limitations

211.

Modification of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions

(a)

Amount authorized under current mechanism

Paragraph (1) of subsection (a) of section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended in the matter before subparagraph (A) by striking three percent and inserting four percent.

(b)

Additional mechanism To provide funds

Such subsection is further amended by adding at the end the following new paragraph:

(3)

Fee

After consultation with the science and technology executive of the military department concerned, the director of a defense laboratory may charge customer activities a fixed percentage fee, in addition to normal costs of performance, in order to obtain funds to carry out activities authorized by this subsection. The fixed fee may not exceed three percent of costs.

.

(c)

Modification of cost limit compliance for infrastructure projects

Subsection (b)(4) of such section is amended by adding at the end the following new subparagraph:

(C)

Section 2802 of such title, with respect to construction projects that exceed the cost specified in subsection (a)(2) of section 2805 of such title for certain unspecified minor military construction projects for laboratories.

.

(d)

Repeal of sunset

Such section is amended by striking subsection (d).

212.

Making permanent authority for defense research and development rapid innovation program

Section 1073 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note) is amended—

(1)

in subsection (d), by striking for each of fiscal years 2011 through 2023 may be used for any such fiscal year and inserting for a fiscal year may be used for such fiscal year; and

(2)

by striking subsection (f).

213.

Authorization for National Defense University and Defense Acquisition University to enter into cooperative research and development agreements

(a)

National Defense University

Section 2165 of title 10, United States Code, is amended by adding at the end the following new subsection:

(f)

Cooperative research and development agreements

(1)

In engaging in research and development projects pursuant to subsection (a) of section 2358 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary may enter into such contract or cooperative agreement or award such grant through the National Defense University.

(2)

The National Defense University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).

.

(b)

Defense Acquisition University

Section 1746 of title 10, United States Code, is amended by adding at the end the following new subsection:

(d)

Cooperative research and development agreements

(1)

In engaging in research and development projects pursuant to subsection (a) of section 2358 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary may enter into such contract or cooperative agreement or award such grant through the Defense Acquisition University.

(2)

The Defense Acquisition University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).

.

214.

Manufacturing Universities Grant Program

Section 2196 of title 10, United States Code, is amended to read as follows:

2196.

Manufacturing engineering education: grant program

(a)

Establishment of Manufacturing Universities Grant Program

(1)

The Secretary of Defense shall establish a program under which the Secretary makes grants to support—

(A)

the enhancement of existing programs in manufacturing engineering education to further a mission of the department; or

(B)

the establishment of new programs in manufacturing engineering education that meet such requirements.

(2)

Grants under this section may be made to institutions of higher education or to consortia of such institutions.

(3)

The Secretary shall establish the program in consultation with the Secretary of Education, the Director of the National Science Foundation, the Director of the Office of Science and Technology Policy, and the secretaries of such other relevant Federal agencies as the Secretary considers appropriate.

(4)

The Secretary shall ensure that the program is coordinated with Department programs associated with advanced manufacturing.

(5)

The program shall be known as the Manufacturing Universities Grant Program.

(b)

New programs in manufacturing engineering education

A program in manufacturing engineering education to be established at an institution of higher education may be considered to be a new program for the purpose of subsection (a)(1)(B) regardless of whether the program is to be conducted—

(1)

within an existing department in a school of engineering of the institution;

(2)

within a manufacturing engineering department to be established separately from the existing departments within such school of engineering; or

(3)

within a manufacturing engineering school or center to be established separately from an existing school of engineering of such institution.

(c)

Geographical distribution of grants

In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, avoid geographical concentration of grant awards.

(d)

Covered programs

(1)

A program of engineering education supported with a grant awarded pursuant to this section shall meet the requirements of this section.

(2)

Such a grant may be made for a program of education to be conducted at the undergraduate level, at the graduate level, or at both the undergraduate and graduate levels.

(e)

Components of program

The program of education for which such a grant is made shall be a consolidated and integrated multidisciplinary program of education having each of the following components:

(1)

Multidisciplinary instruction that encompasses the total manufacturing engineering enterprise and that may include—

(A)

manufacturing engineering education and training through classroom activities, laboratory activities, thesis projects, individual or team projects, and visits to industrial facilities, consortia, or centers of excellence in the United States and foreign countries;

(B)

faculty development programs;

(C)

recruitment of educators highly qualified in manufacturing engineering;

(D)

presentation of seminars, workshops, and training for the development of specific research or education skills;

(E)

activities involving interaction between the institution of higher education conducting the program and industry, including programs for visiting scholars or industry executives;

(F)

development of new manufacturing curriculum, course offerings, and education programs;

(G)

establishment of centers of excellence in manufacturing workforce training;

(H)

establishment of joint programs with defense laboratories and depots; and

(I)

expansion of advanced manufacturing training and education for members of the armed forces, veterans, Federal employees, and others.

(2)

Opportunities for students to obtain work experience in manufacturing through such activities as internships, summer job placements, or cooperative work-study programs.

(3)

Faculty and student research that is directly related to, and supportive of, the education of undergraduate or graduate students in advanced manufacturing science and technology because of—

(A)

the increased understanding of advanced manufacturing science and technology that is derived from such research; and

(B)

the enhanced quality and effectiveness of the instruction that result from that increased understanding.

(f)

Grant proposals

The Secretary of Defense shall solicit from institutions of higher education in the United States (and from consortia of such institutions) proposals for grants to be made pursuant to this section for the support of programs of manufacturing engineering education that are consistent with the purposes of this section.

(g)

Merit competition

Applications for grants shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary.

(h)

Selection criteria

The Secretary may select a proposal for the award of a grant pursuant to this section if the proposal, at a minimum, does each of the following:

(1)

Contains innovative approaches for improving engineering education in manufacturing technology.

(2)

Demonstrates a strong commitment by the proponents to apply the resources necessary to achieve the objectives for which the grant is to be made.

(3)

Provides for the conduct of research that supports the instruction to be provided in the proposed program and is likely to improve manufacturing engineering and technology.

(4)

Demonstrates a significant level of involvement of United States industry in the proposed instructional and research activities.

(5)

Is likely to attract superior students.

(6)

Proposes to involve fully qualified faculty personnel who are experienced in research and education in areas associated with manufacturing engineering and technology.

(7)

Proposes a program that, within three years after the grant is made, is likely to attract from sources other than the Federal Government the financial and other support necessary to sustain such program.

(8)

Proposes to achieve a significant level of participation by women, members of minority groups, and individuals with disabilities through active recruitment of students from among such persons.

(9)

Trains college graduates, from engineering or other science and technical fields, and other members of the technical workforce, in advanced manufacturing and in relevant emerging technologies and production processes.

(i)

Federal support

The amount of financial assistance furnished to an institution of higher education under this section may not exceed 50 percent of the estimated cost of carrying out the activities proposed to be supported in part with such financial assistance for the period for which the assistance is to be provided.

(j)

Institution of higher education defined

In this section, the term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

.

215.

Increased micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories

(a)

Increased micro-purchase threshold

(1)

In general

Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

2338.

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

Notwithstanding subsection (a) of section 1902 of title 41, the micro-purchase threshold for the Department of Defense for purposes of such section is $10,000 for purposes of basic research programs and for the activities of the Department of Defense science and technology reinvention laboratories.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2338. Micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories.

.

(b)

Conforming amendment

Section 1902(a) of title 41, United States Code, is amended by striking For purposes and inserting Except as provided in section 2338 of title 10, for purposes.

216.

Directed energy weapon system programs

(a)

Inclusion of Directed Energy Weapon System programs in the rapid acquisition authority program

(1)

In general

Section 806(c)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) is amended by adding at the end the following new subparagraph:

(D)
(i)

In the case of any supplies and associated support services that, as determined in writing by the Secretary of Defense without delegation, are urgently needed to eliminate a deficiency in directed energy weapon systems, the Secretary may use the procedures developed under this section in order to accomplish the rapid acquisition and deployment of needed offensive or defensive directed energy weapon systems capabilities, supplies, and associated support services.

(ii)

For the purposes of directed energy weapon systems acquisition, the Secretary of Defense shall consider use of the following procedures:

(I)

The rapid acquisition authority provided under this section.

(II)

Use of other transactions authority provided under section 2371 of title 10, United States Code.

(III)

The acquisition of commercial items using simplified acquisition procedures.

(IV)

The authority for procurement for experimental purposes provided under section 2373 of title 10, United States Code.

(iii)

In this subparagraph, the term directed energy weapon systems means military action involving the use of directed energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel.

.

(2)

Conforming amendments

Section 2373 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking and aeronautical supplies and inserting , aeronautical supplies, and directed energy weapon systems; and

(B)

by adding at the end of the following new subsection:

(c)

Directed energy weapon systems defined

In this section, the term directed energy weapon systems means military action involving the use of directed energy to incapacitate, damage, or destroy enemy equipment, facilities, or personnel.

.

(b)

Joint Directed Energy Program Office

(1)

Redesignation

The High Energy Laser Joint Technology Office of the Department of Defense is hereby redesignated as the Joint Directed Energy Program Office (in this subsection referred to as the Office).

(2)

Strategic plan for development and fielding of directed energy weapons capabilities

In addition to the functions and duties of the Office in effect on the day before the date of the enactment of this Act, the Office shall develop a strategic plan for development and fielding of directed energy weapons capabilities for the Department, in which the Office may define requirements for directed energy capabilities that address the highest priority warfighting capability gaps of the Department.

(3)

Acceleration of development and fielding of directed energy weapons capabilities

(A)

In general

To the degree practicable, the Office shall use the policies of the Department that are revised pursuant to this section and new acquisition and management practices established pursuant to this section to accelerate the development and fielding of directed energy capabilities.

(B)

Engagement

The Secretary shall ensure that use of policies and practices described in subparagraph (A) include engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions.

217.

Limitation on B–21 Engineering and Manufacturing Development program funds

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 may be made available for the B–21 Engineering and Manufacturing Development (EMD) program until the Air Force releases the value of the B–21 EMD contract award made on October 27, 2015, to the congressional defense committees.

218.

Pilot program on disclosure of certain sensitive information to contractors performing under contracts with Department of Defense federally funded research and development centers

(a)

In general

The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of permitting officers and employees of the Department of Defense to disclose sensitive information to federally funded research and development centers of the Department for the sole purpose of the performance of administrative, technical, or professional services under and within the scope of the contracts with such federally funded research and development centers.

(b)

FFRDCs

The pilot program shall be carried out with one or more federally funded research and development centers of the Department selected by the Secretary for participation in the pilot program.

(c)

FFRDC personnel

Sensitive information may be disclosed to personnel of a contractor of a federally funded research and development center under the pilot program only if such personnel agree to be subject to, and comply with, such ethics standards and requirements as the Secretary shall specify for purposes of the pilot program, including the Ethics in Government Act of 1978, section 1905 of title 18, United States Code, and chapter 21 of title 41, United States Code.

(d)

Conditions on disclosure

Sensitive information may be disclosed under the pilot program only if the federally funded research and development center concerned and any relevant contractors agree to and acknowledge that—

(1)

sensitive information furnished to the federally funded research and development center and any relevant contractor under the pilot program will be accessed and used only for the purposes stated in the contract between the federally funded research and development center and such contractor;

(2)

the federally funded research and development center and any relevant contractor will take all precautions necessary to prevent disclosure of the sensitive information furnished to anyone not authorized access to the information in order to perform the applicable contract;

(3)

sensitive information furnished under the pilot program shall not be used by the federally funded research and development center and any relevant contractor to compete against a third party for a Government or non-Government contract, or to support current or future research or technology development activities performed by the federally funded research and development center or contractor; and

(4)

any personnel of a contractor of a federally funded research and development center participating in the pilot program may not have access to any trade secrets, or to any other nonpublic information which is of value to the research and technology development activities of the private-sector organization from which such employee is assigned, unless specifically authorized by this section or other law.

(e)

Duration

The pilot program shall terminate on the date that is three years after the date of the commencement of the pilot program.

(f)

Assessment

Not later than two years after the commencement of the pilot program, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program, including an assessment of the effectiveness of activities under the pilot program in improving acquisition processes and the effectiveness of protections of private-sector intellectual property in the course of such activities.

(g)

Sensitive information defined

In this section, the term sensitive information means confidential commercial, financial, or proprietary information, technical data, contract performance, contract performance evaluation, management, and administration data, or other privileged information owned by other contractors of the Department of Defense that is exempt from public disclosure under section 552(b)(4) of title 5, United States Code, or which would otherwise be prohibited from disclosure under section 1832 or 1905 of title 18, United States Code.

219.

Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies

(a)

In general

The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of additional and enhanced interaction between the Defense Advanced Research Projects Agency and the service academies.

(b)

Awards of funds

In carrying out the pilot program, the Secretary of Defense may provide funds to current contractors and grantees of the Department of Defense under the Defense Advanced Research Projects Agency in order to encourage such contractors and grantees to do as follows:

(1)

Develop research partnerships with the service academies for the purpose of utilizing the technology transition networks service academies maintain among their academic departments, resident research centers, and existing partnerships with service laboratories and other Federal degree granting institutions.

(2)

Utilize technology transition insight from faculty-in-training who are enrolled at academic institutions conducting advanced research for the Department.

(3)

Include the service academies' faculty members, cadets, and midshipmen as participants in technology user evaluations.

(4)

Provide sabbaticals and internships for faculty members, cadets, and midshipmen at the service academies at research agencies, laboratories, and facilities of the Department and at university and industry research facilities.

(c)

Termination

The authority to carry out the pilot program shall terminate on September 30, 2020.

(d)

Definitions

In this section:

(1)

The term faculty-in-training means personnel attending graduate school programs at the expense of the Armed Forces with follow-on assignments as faculty at the service academies.

(2)

The term service academies means the following:

(A)

The United States Military Academy

(B)

The United States Naval Academy.

(C)

Th United States Air Force Academy.

(D)

The United States Coast Guard Academy

(E)

The United States Merchant Marine Academy.

220.

Modification of authority for use of operation and maintenance funds for unspecified minor construction projects consisting of laboratory revitalization

(a)

Increase in amount authorized

Section 2805(d) of title 10, United States Code, is amended by striking $4,000,000 each place it appears and inserting $6,000,000.

(b)

Extension of sunset

Paragraph (5) of such section is amended by striking 2018 and inserting 2025.

III

Operation and Maintenance

A

Authorization of appropriations

301.

Authorization of appropriations

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

B

Energy and environment

302.

Modified reporting requirement related to installations energy management

Subsection (a) of section 2925 of title 10, United States Code, is amended—

(1)

in the subsection heading, by inserting and resiliency after Annual report related to installations energy management;

(2)

by striking paragraphs (2), (3), (4), (5), (6), (7), (8), and (10); and

(3)

by redesignating subsections (9) and (11) as paragraphs (2) and (3), respectively.

303.

Report on efforts to reduce high energy costs at military installations

(a)

Report

(1)

Report required

Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in conjunction with the assistant secretaries responsible for installations and environment for the military services and the Defense Logistics Agency, shall submit to the congressional defense committees a report detailing the efforts to achieve cost savings at military installations with high energy costs.

(2)

Elements

The report required under paragraph (1) shall include the following elements:

(A)

A comprehensive, installation-specific assessment of feasible and mission-appropriate energy initiatives supporting energy production and consumption at military installations with high energy costs.

(B)

An assessment of current sources of energy in areas with high energy costs and potential future sources that are technologically feasible, cost-effective, and mission-appropriate for military installations.

(C)

A comprehensive implementation strategy to include required investment for feasible energy efficiency options determined to be the most beneficial and cost-effective, where appropriate, and consistent with Department of Defense priorities.

(D)

An explanation on how military services are working collaboratively in order to leverage lessons learned on potential energy efficiency solutions.

(E)

An assessment of extent of which activities administered under the Federal Energy Management Program could be used to assist with the implementation strategy.

(F)

An assessment of State and local partnership opportunities that could achieve efficiency and cost savings, and any legislative authorities required to carry out such partnerships or agreements.

(3)

Coordination with State and local and other entities

In preparing the report required under paragraph (1), the Under Secretary may work in conjunction and coordinate with the States containing areas of high energy costs, local communities, and other Federal departments and agencies.

(b)

Definitions

In this section, the term high energy costs means costs for the provision of energy by kilowatt of electricity or British Thermal Unit of heat or steam for a military installation in the United States that is in the highest 20 percent of all military installations for a military department.

304.

Utility data management for military facilities

(a)

Pilot program

The Secretary of Defense, in consultation with the Secretary of Energy, shall develop a pilot program to investigate the utilization of utility data management services to perform utility bill aggregation, analysis, third-party payment, storage, and distribution.

(b)

Use of funds

The Secretary of Defense may use funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for operation and maintenance, Navy, and available for enterprise information to carry out the pilot program required under subsection (a).

305.

Linear LED lamps

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend section 2–4.1.1.2 of the Department of Defense's Unified Facilities Criteria 3–530–1 to provide that—

(1)

linear LED lamps with luminaire conversion kits may be UL Type B, receiving power on only one end of the lamp, 110–277VAC compatible; and

(2)

for Army, Air Force, and Navy projects, linear LED lamps are allowed for light source retrofits.

C

Logistics and sustainment

311.

Deployment prioritization and readiness of Army units

(a)

Deployment prioritization and readiness

(1)

In general

Chapter 1003 of title 10, United States Code, is amended by inserting after section 10102 the following new section:

10102a.

Deployment prioritization and readiness of Army units

(a)

Deployment prioritization

The Secretary of the Army shall maintain a system for identifying the priority of deployment for units of all components of the Army.

(b)

Deployability readiness rating

The Secretary shall maintain a readiness rating system for units of all components of the Army that provides an accurate assessment of the deployability of a unit and those shortfalls of a unit that require the provision of additional resources. The system shall ensure that—

(1)

the personnel readiness rating of a unit reflects—

(A)

both the percentage of the overall personnel requirement of the unit that is manned and deployable and the fill and deployability rate for critical occupational specialties necessary for the unit to carry out its back mission requirements; and

(B)

the number of personnel in the unit who are qualified in their primary military occupational specialty; and

(2)

the equipment readiness assessment of a unit—

(A)

documents all equipment required for deployment;

(B)

reflects only that equipment that is directly possessed by the unit;

(C)

specifies the effect of substitute items; and

(D)

assesses the effect of missing components and sets on the readiness of major equipment items.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 1003 of such title is amended by inserting after the item relating to section 10102 the following new item:

“10102a. Deployment prioritization and readiness of Army units.”.

(b)

Repeal of superseded provisions of law

Sections 1121 and 1135 of the Army National Guard Combat Readiness Reform Act of 1992 (title XI of Public Law 102–484; 10 U.S.C. 10105 note) are repealed.

312.

Revision of guidance related to corrosion control and prevention executives

Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in coordination with the Director of Corrosion Policy and Oversight, shall revise corrosion-related guidance to clearly define the role of the corrosion control and prevention executives of the military departments in assisting the Office of Corrosion Policy and Oversight in holding the appropriate project management office in each military department accountable for submitting the report required under section 903(b)(5) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2228 note) with an expanded emphasis on infrastructure, as required in the long-term strategy of the Department of Defense under section 2228(d) of title 10, United States Code.

313.

Repair, recapitalization, and certification of dry docks at Naval shipyards

Amounts authorized to be appropriated for fiscal year 2017 by section 301 for operation and maintenance and available as foreign currency fluctuation savings as specified in the funding table in section 4301 may be made available for the repair, recapitalization, and certification of dry docks at Naval shipyards.

D

Reports

321.

Modifications to Quarterly Readiness Report to Congress

(a)

Deadline for report

Subsection (a) of section 482 of title 10, United States Code, is amended by striking Not later than 45 days after the end of each calendar-year quarter and inserting Not later than 30 days after the end of each calendar-year quarter.

(b)

Elimination of reporting requirements related to prepositioned stocks and National Guard civil support mission readiness

Such section is further amended—

(1)

in subsection (a), by striking subsections (b), (d), (e), (f), (g), (h), and (i) and inserting subsections (b), (d), (e), (f), and (g);

(2)

by striking subsections (d) and (e); and

(3)

by redesignating subsections (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), and (i) respectively.

(c)

Inclusion of information on cannibalization rates

Such section, as amended by subsection (b), is further amended by inserting after subsection (g), as redesignated by paragraph (3) of such subsection (b), the following new subsection:

(h)

Cannibalization rates

Each report under this section shall include a separate unclassified report containing the information collected pursuant to section 117(c)(7) of this title.

.

322.

Report on HH–60G sustainment and Combat Rescue Helicopter (CRH) program

(a)

Report on sustainment plan

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth a plan to modernize, sustain training, and provide depot maintenance for all components of the HH–60 helicopter fleet until total force combat rescue units have been fully equipped with HH–60W Combat Rescue Helicopters.

(b)

Elements

The report required by subsection (a) shall include the following elements:

(1)

A description of the Air Force’s modernization plan for legacy HH–60G combat rescue helicopters.

(2)

A description of the Air Force’s plan to maintain the training pipeline for the HH–60G aircrew and maintenance force required to maintain full readiness through the end of fiscal year 2029.

(3)

A description of the Air Force’s depot maintenance plan to ensure the legacy HH–60G fleet of helicopters is maintained to meet readiness rates through the end of fiscal year 2029.

(c)

Form

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

E

Other matters

331.

Repurposing and reuse of surplus military firearms

(a)

Army transfers

(1)

Required transfer

Not later than 90 days after the date of the enactment of this Act, and subject to paragraphs (3) and (4), the Secretary of the Army shall transfer to Rock Island Arsenal all excess firearms, related spare parts and components, small arms ammunition, and ammunition components currently stored at Defense Distribution Depot, Anniston, Alabama, that are no longer actively issued for military service.

(2)

Repurposing and reuse

The items specified for transfer under paragraph (1) shall be melted and repurposed for military use as determined by the Secretary of the Army, including—

(A)

the re-forging of new firearms or their components; and

(B)

force protection barriers and security bollards.

(3)

Transfer for historical purposes

Notwithstanding paragraphs (1) and (2), the Secretary may transfer up to 2,000 surplus caliber .45 M1911/M1911A1 pistols and 2,000 M–14 Rifles to a military museum for display and preservation.

(4)

Items exempt from transfer

M–1 Garand and caliber .22 rimfire rifles are not subject to the transfer requirement under paragraph (1).

(b)

Navy transfers

Section 40728 of title 36, United States Code, is amended by adding at the end the following new subsection:

(i)

Authorized Navy transfers

(1)

In general

Notwithstanding subsections (a) and (b), the Secretary of the Navy may transfer to the corporation, in accordance with the procedures prescribed in this subchapter, M–1 Garand and caliber .22 rimfire rifles held within the inventories of the United States Navy and the United States Marine Corps and stored at Defense Distribution Depot, Anniston, Alabama, or Naval Surface Warfare Center, Crane, Indiana, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.

(2)

Use as marksmanship trophies

The items specified for transfer under paragraph (1) shall be used as awards for competitors in marksmanship competitions held by the United States Marine Corps or the United States Navy and may not be resold.

.

332.

Limitation on development and fielding of new camouflage and utility uniforms

No funds may be obligated or expended for the development or fielding of new camouflage or utility uniforms or families of uniforms until one year after the Secretary of Defense notifies the congressional defense committees of the proposed development or fielding.

333.

Hazard assessments related to new construction of obstructions on military installations

(a)

In general

Section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4201; 49 U.S.C. 44718 note) is amended—

(1)

in subsection (e)—

(A)

by redesignating paragraphs (2), (3), and (4) as paragraph (3), (4), and (5), respectively;

(B)

by inserting after paragraph (1) the following new paragraph:

(2)

Elements of hazard assessment

Each hazard assessment shall, at a minimum, include—

(A)

an analysis of—

(i)

the electromagnetic interference that the proposed project would cause for any military installation, military-owned or military-operated air traffic control radar site, military training route or range, navigation aid, and approach systems;

(ii)

any other adverse impacts of the proposed project on military operations, safety, and readiness, including adverse effects to instrument or visual flight operations; and

(iii)

what alterations could be made to the proposed project, including its location and physical proximity to the affected military installation, military-owned or military-operated air traffic control radar site, military training route or range, or navigation aid, to sufficiently mitigate any adverse impacts described under clauses (i) and (ii); and

(B)

a determination as to whether the proposed project will have any adverse aeronautical effects, as described in clauses (i) and (ii) of subparagraph (A), or other significant military operational impacts.

;

(C)

in paragraph (4), as redesignated by subparagraph (A), by striking paragraph (2) and inserting paragraph (3); and

(D)

in paragraph (5), as redesignated by such subparagraph, by striking paragraph (2) and inserting paragraph (3); and

(2)

in subsection (j), by adding at the end the following new paragraph:

(4)

The term unacceptable risk to the national security of the United States includes any significant adverse aeronautical effects, such as electromagnetic interference with the affected military installation, military-owned or military-operated air traffic control radar site, navigation aid, and approach systems, as well as any other significant adverse impacts on military operations, safety, and readiness, such as adverse effects to instrument or visual flight operations.

.

(b)

Review of approved projects

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of mitigation plans developed pursuant to subsection (e) of section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4201; 49 U.S.C. 44718 note) to ensure that the mitigation plans comply with the requirements of paragraph (2) of such subsection, as added by subsection (a) of this section.

334.

Plan for modernized Air Force dedicated adversary air training enterprise

(a)

Plan required

The Chief of Staff of the Air Force shall develop a plan—

(1)

to provide a modernized dedicated adversary air training enterprise for the Air Force in order to—

(A)

maximize warfighting effectiveness and synergies of the current and planned fourth and fifth generation combat air forces through optimized training and readiness; and

(B)

harness intelligence analysis, emerging live-virtual-constructive training technologies, range infrastructure improvements, and results of experimentation and prototyping efforts in operational concept development;

(2)

to explore all available opportunities to challenge the combat air forces of the Air Force with threat representative adversary-to-friendly aircraft ratios, known and emerging adversary tactics, and high fidelity replication of threat airborne and ground capabilities; and

(3)

to execute all means available to achieve training and readiness goals and objectives of the Air Force with demonstrated institutional commitment to the adversary air training enterprise through the application of Air Force policy and resources, partnering with the other Armed Forces, allies, and friends, and employing the use of industry contracted services.

(b)

Plan elements

The plan under subsection (a) shall include enterprise goals, objectives, concepts of operations, phased implementation timelines, analysis of expected readiness improvements, prioritized resource requirements, and such other matters as the Chief of Staff considers appropriate.

(c)

Submittal of plan and briefing

Not later than March 3, 2017, the Chief of Staff shall provide to the Committees on Armed Services of the Senate and the House of Representatives a written plan and a briefing on the plan under subsection (a).

335.

Independent study to review and assess the effectiveness of the Air Force Ready Aircrew Program

(a)

Study

The Secretary of the Air Force shall commission an independent review and assessment of the assumptions underlying the Air Force's annual continuation training requirements and the efficacy of the overall Ready Aircrew Program in the management of Air Force's aircrew training requirements.

(b)

Report

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the review conducted.

(2)

Elements

The report required under paragraph (1) shall include an analysis, and where appropriate, an assessment of—

(A)

the total sorties required by each combat aircraft and mission type to reach minimum and optimum levels of proficiency;

(B)

the optimal mix of live and virtual training sorties by aircraft and mission type;

(C)

the requirements for and availability of supporting assets and infrastructure to achieve proficiency levels;

(D)

the accumulated flying hours or other measurements needed to achieve experienced aircrew designations, and whether different measures should be used;

(E)

the optimum mix of experienced versus inexperienced aircrews by aircraft and mission type;

(F)

the actions planned and taken, and the estimated magnitude of resources required, to incorporate the assessment recommendations; and

(G)

any other matters the Secretary determines are appropriate to ensure a comprehensive review and assessment.

(c)

Comptroller General review

(1)

In general

The Comptroller General of the United States shall review the report submitted under subsection (b) and submit to the congressional defense committees an assessment of the matters contained in the report, including an assessment of—

(A)

the extent to which the Air Force’s report addressed the mandated reporting elements;

(B)

the adequacy and completeness of the assumptions reviewed to establish the annual training requirements;

(C)

the Air Force’s actions planned to incorporate the report results into annual training documents; and

(D)

any other matters the Comptroller General determines are relevant.

(2)

Briefing

The Comptroller General shall brief the congressional defense committees on the preliminary results of the review conducted under paragraph (1) not later than 60 days after the date on which the Secretary of the Air Force submits the report required under subsection (b).

336.

Mitigation of risks posed by certain window coverings with accessible cords in military housing units in which children reside

(a)

Removal of certain window coverings

The Secretary of Defense shall remove and replace window coverings with accessible cords exceeding 8 inches in length and window coverings with continuous loop/bead cord from military housing units in which children under the age of 9 reside.

(b)

Requirement for housing contractors To phase out window coverings with accessible cords from military housing units

The Secretary of Defense shall require housing contractors to phase out window coverings with accessible cords exceeding 8 inches in length and window coverings with continuous loop/bead cords that do not contain a cord tension device that prohibits operation when not anchored to the wall from military housing units within one year of the date of the enactment of this Act.

337.

Tactical explosive detection dogs

(a)

Inclusion in definition of military animals

Section 2583(h) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

A tactical explosive detection dog (TEDD) that has been transferred to the 341st Training Squadron from a private contractor.

.

(b)

Required contract clause

(1)

Civilian contracts

(A)

In general

Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section:

4713.

Contracts for provision of tactical explosive detection dogs: requirement to transfer animals to 341st Training Squadron after service life

(a)

In general

Each contract with a provider of tactical explosive detection dogs (TEDDs) shall include a provision requiring the contractor to transfer the dog to the 341st Training Squadron after the animal’s service life as described in subsection (b), including for purposes of reclassification as a military animal and placement for adoption in accordance with section 2583 of title 10.

(b)

Service life

For purposes of this section, an animal's service life is over and the animal is available for transfer to the 341st Training Squadron only if—

(1)

the animal's final United States Government-wide contractual obligation is with the Department of Defense, military service, or defense agency; and

(2)

the animal has no additional capability to be utilized by another United States Government agency due to age, injury, or performance.

.

(B)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

4713. Contracts for provision of tactical explosive detection dogs: requirement to transfer animals to 341st Training Squadron after service life.

.

(2)

Defense contacts

(A)

In general

Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

2410r.

Contracts for provision of tactical explosive detection dogs: requirement to transfer animals to 341st Training Squadron after service life

Each Department of Defense contract with a provider of tactical explosive detection dogs (TEDDs) shall include a provision requiring the contractor to transfer the dog to the 341st Training Squadron after the animal’s service life, including for purposes of reclassification as a military animal and placement for adoption in accordance with section 2583 of this title.

.

(B)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

2410r. Contracts for provision of tactical explosive detection dogs: requirement to transfer animals to 341st Training Squadron after service life.

.

338.

STARBASE program

(a)

Findings

Congress makes the following findings:

(1)

The budget of the President for fiscal year 2017 requested no funding for the Department of Defense STARBASE program.

(2)

The purpose of the STARBASE program is to improve the knowledge and skills of students in kindergarten through 12th grade in science, technology, engineering, and mathematics (STEM) subjects, to connect them to the military, and to motivate them to explore science, technology, engineering, and mathematics and possible military careers as they continue their education.

(3)

The STARBASE program currently operates at 76 locations in 40 States and the District of Columbia and Puerto Rico, primarily on military installations.

(4)

To date, nearly 750,000 students have participated in the STARBASE program.

(5)

The STARBASE program is a highly effective program run by dedicated members of the Armed Forces and strengthens the relationships between the military, communities, and local school districts.

(6)

The budget of the President for fiscal year 2017 seeks to eliminate funding for the STARBASE program for that fiscal year due to a reorganization of science, technology, engineering, and mathematics programs throughout the Federal Government.

(b)

Sense of Congress

It is the sense of Congress that the STARBASE program should continue to be funded by the Department of Defense.

339.

Access to Department of Defense installations for drivers of vehicles of online transportation network companies

(a)

Access To be permitted

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish policies, terms and conditions under which drivers of vehicles affiliated with online transportation network companies shall be permitted access to installations of the Department of Defense. In establishing such policies, terms and conditions, the Secretary shall take into account force protection requirements and ensure the protection and safety of members of the Armed Forces, civilian employees of the Department, and their families.

(b)

Elements

(1)

In general

The policies, terms, and conditions established pursuant to this section shall—

(A)

permit access to installations by drivers of vehicles affiliated with transportation network companies that have authorized access to installations of the Department as of the date of the enactment of this Act;

(B)

permit access to installations by drivers of vehicles affiliated with transportation network companies that seek authorized access to installations of the Department after the date of the enactment of this Act, but only if such drivers of vehicles agree to abide by such terms and conditions;

(C)

prohibits drivers of vehicles, and personnel, affiliated with transportation network companies, from accessing sensitive areas of installations of the Department;

(D)

permit drivers of vehicles affiliated with transportation network companies that have authorized access to installations of the Department access to barracks areas, housing areas, temporary lodging facilities areas, and military unit areas; and

(E)

require each transportation network company whose affiliated drivers of vehicles have authorized access to installations of the Department—

(i)

to track, in real-time, the location of the entry and exit of such drivers onto and off such installations; and

(ii)

to provide, on demand, the information described in clause (i) to personnel and agencies of the Department.

(2)

Confidentiality of information provided

The terms and conditions shall provide for the treatment of any information provided by a transportation network company in accordance with the requirements of paragraph (1)(E) as confidential and proprietary information of the transportation network company exempt from public disclosure pursuant to section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). The Department shall not disclose such information to any person or entity without the express written consent of the transportation network company unless required by a court order.

(c)

Transportation network company defined

In this section, the term transportation network company means a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect riders to drivers affiliated with the entity in order for a driver to provide transportation services to a rider.

340.

Women’s military service memorials and museums

(a)

Authorization

The Secretary of Defense may provide not more than $5,000,000 in financial support for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military. The Secretary may enter into a contract with a non-profit organization for the purpose of performing such acquisition, installation, and maintenance.

(b)

Offset

Of the funds authorized to be appropriated by section 301 for operation and maintenance, Army, and available for the National Museum of the United States Army, not more than $5,000,000 shall be provided, at the discretion of the Secretary of Defense, to carry out activities under subsection (a).

IV

Military Personnel Authorizations

A

Active Personnel

401.

End strengths for active forces

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2017, as follows:

(1)

The Army, 460,000.

(2)

The Navy, 322,900.

(3)

The Marine Corps, 182,000.

(4)

The Air Force, 317,000.

B

Reserve Forces

411.

End strengths for Selected Reserve

(a)

In general

The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2017, as follows:

(1)

The Army National Guard of the United States, 335,000.

(2)

The Army Reserve, 195,000.

(3)

The Navy Reserve, 58,000.

(4)

The Marine Corps Reserve, 38,500.

(5)

The Air National Guard of the United States, 105,700.

(6)

The Air Force Reserve, 69,000.

(7)

The Coast Guard Reserve, 7,000.

(b)

End strength reductions

The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2)

the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c)

End strength increases

Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

412.

End strengths for Reserves on active duty in support of the reserves

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2017, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1)

The Army National Guard of the United States, 30,155.

(2)

The Army Reserve, 16,261.

(3)

The Navy Reserve, 9,955.

(4)

The Marine Corps Reserve, 2,261.

(5)

The Air National Guard of the United States, 14,764.

(6)

The Air Force Reserve, 2,955.

413.

End strengths for military technicians (dual status)

(a)

In general

The authorized number of military technicians (dual status) as of September 30, 2017, for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 25,507.

(2)

For the Army Reserve, 7,570.

(3)

For the Air National Guard of the United States, 22,103.

(4)

For the Air Force Reserve, 10,061.

(b)

Variance

Notwithstanding subsection (d) of section 115 of title 10, United States Code, the end strength prescribed by subsection (a) for a reserve component specified in that subsection may be varied in the same manner as is provided for the variance of end strengths in subsections (f)(1) and (g)(1)(B) of such section as if such end strength prescribed by subsection (a) were an end strength for personnel otherwise described by such subsection (f)(1) or (g)(1)(B), as applicable.

414.

Fiscal year 2017 limitation on number of non-dual status technicians

(a)

Limitations

(1)

National Guard

Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2017, may not exceed the following:

(A)

For the Army National Guard of the United States, 1,600.

(B)

For the Air National Guard of the United States, 350.

(2)

Army Reserve

The number of non-dual status technicians employed by the Army Reserve as of September 30, 2017, may not exceed 420.

(3)

Air Force Reserve

The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2017, may not exceed 90.

(b)

Non-dual status technicians defined

In this section, the term non-dual status technician has the meaning given that term in section 10217(a) of title 10, United States Code.

415.

Maximum number of reserve personnel authorized to be on active duty for operational support

During fiscal year 2017, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1)

The Army National Guard of the United States, 17,000.

(2)

The Army Reserve, 13,000.

(3)

The Navy Reserve, 6,200.

(4)

The Marine Corps Reserve, 3,000.

(5)

The Air National Guard of the United States, 16,000.

(6)

The Air Force Reserve, 14,000.

416.

Technical corrections to annual authorization for personnel strengths

Section 115 of title 10, United States Code, is amended—

(1)

in subsection (b)(1)—

(A)

in subparagraph (B), by striking 502(f)(2) and inserting 502(f)(1)(B); and

(B)

in subparagraph (C), by striking 502(f)(2) and inserting 502(f)(1)(B); and

(2)

in subsection (i)(7), by striking 502(f)(1) and inserting 502(f)(1)(A).

C

Authorization of Appropriations

421.

Military personnel

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b)

Construction of authorization

The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2017.

V

Military Personnel Policy

A

Officer Personnel Policy

501.

Reform of distribution and authorized strength of general and flag officers

(a)

Distribution of officers on active duty in general and flag officer grades

(1)

Reform

Chapter 32 of title 10, United States Code, is amended by inserting after section 525 the following new section:

525a.

Distribution of commissioned officers on active duty in general officer grades and flag officer grades after December 31, 2017

(a)

In general

For purposes of the applicable limitation in section 526a(a) of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made after December 31, 2017, as follows:

(1)

In the Army, if that appointment would result in more than—

(A)

4 officers in the grade of general;

(B)

23 officers in a grade above the grade of major general; or

(C)

62 officers in the grade of major general.

(2)

In the Air Force, if that appointment would result in more than—

(A)

4 officers in the grade of general;

(B)

20 officers in a grade above the grade of major general; or

(C)

52 officers in the grade of major general.

(3)

In the Navy, if that appointment would result in more than—

(A)

4 officers in the grade of admiral;

(B)

17 officers in a grade above the grade of rear admiral; or

(C)

42 officers in the grade of rear admiral.

(4)

In the Marine Corps, if that appointment would result in more than—

(A)

2 officers in the grade of general;

(B)

9 officers in a grade above the grade of major general; or

(C)

16 officers in the grade of major general.

(b)

Exclusions in connection with joint duty assignments

The limitations of subsection (a) do not include the following:

(1)

An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than three officers from each armed forces may be on active duty who are excluded under this paragraph.

(2)

The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526a(b) of this title for each armed force.

(c)

Appointments in connection with offsetting reductions

(1)

In general

Subject to paragraph (3), the President—

(A)

may make appointments in the Army, Air Force, and Marine Corps in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and

(B)

may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2).

(2)

Offsetting reduction

For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general, or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the armed force in which the reduction required by this paragraph is to be made.

(3)

Limitations

(A)

Grade of general or admiral

The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointment made under the authority of paragraph (1) may not exceed 1.

(B)

Grade of lieutenant general or vice admiral

The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 4.

(4)

Termination

Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that armed force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another armed force by reason of that increase shall no longer be in effect.

(d)

Exclusion officers upon relief from Chiefs of Staff duty

An officer continuing to hold the grade of general or admiral under section 601(b)(5) of this title after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of this section.

(e)

Exclusion for retirement, separation, release, or relief

The following officers shall not be counted for purposes of this section:

(1)

An officer of that armed force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer.

(2)

At the discretion of the Secretary of Defense, an officer of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is assigned to a second such position, whichever occurs first.

(f)

Exclusion for Reserve officers on certain active duty

(1)

In general

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and are not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.

(2)

Notice to Congress

Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.

.

(2)

Conforming amendment

Section 525 of such title is amended by adding at the end the following new subsection:

(h)

The provisions of this section shall not apply to appointments in general officer grades and flag officer grades made after December 31, 2017. For provisions applicable to the distribution of appointments in such grades after that date, see section 525a of this title.

.

(b)

Authorized strengths of general and flag officers on active duty after December 31, 2017

(1)

Reform

Chapter 32 of title 10, United States Code, is further amended by inserting after section 526 the following new section:

526a.

Authorized strength after December 31, 2017: general and flag officers on active duty

(a)

Limitations

The number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, after December 31, 2017, may not exceed the number specified for the armed force concerned as follows:

(1)

For the Army, 173.

(2)

For the Navy, 121.

(3)

For the Air Force, 148.

(4)

For the Marine Corps, 47.

(b)

Limited exclusion for joint duty requirements

(1)

In general

The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). The Secretary shall allocate those exclusions to the armed forces based on the number of general or flag officers required from each armed force for assignment to these designated positions.

(2)

Minimum number

Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows:

(A)

For the Army, 63.

(B)

For the Navy, 45.

(C)

For the Air Force, 54.

(D)

For the Marine Corps, 15.

(3)

Distribution across particular grades

The number excluded under paragraph (1) and serving in positions designated under that paragraph—

(A)

in the grade of general or admiral may not exceed the aggregate number of officers serving as Chairman of the Joint Chiefs of Staff, Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, commander of any unified or specified combatant commands, Commander, United States Forces Korea, two additional officers in the grade of general or admiral arising from the limitation after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017 on the number unified combatant commands pursuant to section 161(b) of this title, and one additional officer in the grade of general or admiral designated by the President and appointed by and with the advice and consent of the Senate;

(B)

in a grade above the grade of major general or rear admiral may not exceed 42; and

(C)

in the grade of major general or rear admiral may not exceed 74.

(4)

Notice to Congress

Not later than 30 days after determining to raise or lower a number specified in paragraph (2), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such determination.

(5)

Positions held by Reserve officers

(A)

In general

The Chairman of the Joint Chiefs of Staff may designate up to 11 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the Joint Staff, as positions to be held only by reserve component officers who are in a general or flag officer grade below lieutenant general or vice admiral. Each position so designated shall be considered to be a joint duty assignment position for purposes of chapter 38 of this title.

(B)

Exception from limitation

Except as provided in subparagraph (E), a reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call or order to active duty that does not specify a period of 180 days or less shall not be counted for the purposes of the limitations under subsection (a) and under section 525a of this title if the officer was selected for service in that position in accordance with the procedures specified in subparagraph (C).

(C)

Procedures generally

Whenever a vacancy occurs, or is anticipated to occur, in a position designated under subparagraph (A)—

(i)

the Secretary of Defense shall require the Secretary of the Army to submit the name of at least one Army reserve component officer, the Secretary of the Navy to submit the name of at least one Navy Reserve officer and the name of at least one Marine Corps Reserve officer, and the Secretary of the Air Force to submit the name of at least one Air Force reserve component officer for consideration by the Secretary for assignment to that position; and

(ii)

the Chairman of the Joint Chiefs of Staff may submit to the Secretary of Defense the name of one or more officers (in addition to the officers whose names are submitted pursuant to clause (i)) for consideration by the Secretary for assignment to that position.

(D)

Performance evaluation of recommended officers

Whenever the Secretaries of the military departments are required to submit the names of officers under subparagraph (C)(i), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman's evaluation of the performance of each officer whose name is submitted under that subparagraph (and of any officer whose name the Chairman submits to the Secretary under subparagraph (C)(ii) for consideration for the same vacancy).

(E)

Inapplicability of exception

Subparagraph (B) does not apply in the case of an officer serving in a position designated under subparagraph (A) if the Secretary of Defense, when considering officers for assignment to fill the vacancy in that position which was filled by that officer, did not have a recommendation for that assignment from each Secretary of a military department who (pursuant to subparagraph (C)) was required to make such a recommendation.

(c)

Exclusion of certain reserve officers

(1)

Active duty for training or less than 180 days

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for training or who is on active duty under a call or order specifying a period of less than 180 days.

(2)

Specified number on active duty for not more than 365 days

The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. The number so specified for an armed force may not exceed the number equal to 10 percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 12004a of this title. In determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least one.

(3)

Limited number on active duty for more than 365 days

The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days but not to exceed three years, except that the number of such officers from each reserve component who are covered by this paragraph and not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.

(d)

Exclusion of certain officers pending separation or retirement or between senior positions

The limitations of this section do not apply to a general or flag officer who is covered by an exception under section 525a(e) of this title.

(e)

Temporary exclusion for assignment to certain temporary billets

(1)

In general

The limitations in subsection (a) and in section 525a(a) of this title do not apply to a general or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense.

(2)

Duration of exclusion

A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year.

(f)

Exclusion of officers departing from joint duty assignments

The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by an extension under this sentence at the same time.

(g)

Active-duty baseline

(1)

Notice and wait requirements

If the Secretary of a military department proposes an action that would increase above the baseline the number of general officers or flag officers of an armed force under the jurisdiction of that Secretary who would be on active duty and would count against the statutory limit applicable to that armed force under subsection (a), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which the Secretary provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.

(2)

Baseline defined

In paragraph (1), the term baseline for an armed force means the lower of—

(A)

the statutory limit of general officers or flag officers of that armed force under subsection (a); or

(B)

the actual number of general officers or flag officers of that armed force who, as of January 1, 2018, counted toward the statutory limit of general officers or flag officers of that armed force under subsection (a).

(3)

Limitation

If, at any time, the actual number of general officers or flag officers of an armed force who count toward the statutory limit of general officers or flag officers of that armed force under subsection (a) exceeds such statutory limit, then no increase described in paragraph (1) for that armed force may occur until the general officer or flag officer total for that armed force is reduced to or below such statutory limit.

(h)

Joint duty assignment baseline

(1)

Notice and wait requirement

If the Secretary of Defense, the Secretary of a military department, or the Chairman of the Joint Chiefs of Staff proposes an action that would increase above the baseline the number of general officers and flag officers of the armed forces in joint duty assignments who count against the statutory limit under subsection (b)(1), the action shall not take effect until after the end of the 60-calendar day period beginning on the date on which such Secretary or the Chairman, as the case may be, provides notice of the proposed action, including the rationale for the action, to the Committees on Armed Services of the Senate and the House of Representatives.

(2)

Baseline defined

In paragraph (1), the term baseline means the lower of—

(A)

the statutory limit on general officer and flag officer positions that are joint duty assignments under subsection (b)(1); or

(B)

the actual number of general officers and flag officers who, as of January 1, 2016, were in joint duty assignments counted toward the statutory limit under subsection (b)(1).

(3)

Limitation

If, at any time, the actual number of general officers and flag officers in joint duty assignments counted toward the statutory limit under subsection (b)(1) exceeds such statutory limit, then no increase described in paragraph (1) may occur until the number of general officers and flag officers in joint duty assignments is reduced to or below such statutory limit.

(i)

Annual report

Not later than March 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report specifying the following:

(1)

The numbers of general officers and flag officers who, as of January 1 of the calendar year in which the report is submitted, counted toward the service-specific limits of subsection (a).

(2)

The number of general officers and flag officers in joint duty assignments who, as of such January 1, counted toward the statutory limit under subsection (b)(1).

.

(2)

Conforming amendment

Section 526 of such title is amended by adding at the end the following new subsection:

(k)

Cessation of applicability

The provisions of this section shall not apply to number of general officers and flag officers in the armed forces after December 31, 2017. For provisions applicable to the number of such officers after that date, see section 526a of this title

.

(c)

Strength in grade of reserve general and flag officers in active status

(1)

Reform

Chapter 1201 of title 10, United States Code, is amended by inserting after section 12004 the following new section:

12004a.

Strength in grade after December 31, 2017: reserve general and flag officers in an active status

(a)

In general

The authorized strengths of the Army, Air Force, and Marine Corps in reserve general officers in an active status, and the authorized strength of the Navy in reserve flag officers in an active status, after December 31, 2017, are as follows:

(1)

In the Army, 155.

(2)

In the Air Force, 117.

(3)

In the Navy, 36.

(4)

In the Marine Corps, 7.

(b)

Aggregate number of certain National Guard officers

(1)

In general

The aggregate number of general officers described in paragraph (2) serving on active duty after December 31, 2017, may not exceed the number equal to 75 percent of the aggregate number of such officers who were serving on active duty as of December 31, 2015.

(2)

Covered general officers

The general officers described in this paragraph are the following:

(A)

General officers of the National Guard of the States and territories.

(B)

General officers serving in the National Guard Bureau

(c)

Exclusion of certain Army and Air Force officers

The following Army and Air Force reserve officers shall not be counted for purposes of this section:

(1)

Officers serving as adjutants general or assistant adjutants general of a State.

(2)

Except as provided in subsection (b), officers serving in the National Guard Bureau.

(3)

Officers counted under section 526a of this title.

(4)

Officers serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).

(d)

Exclusion of certain Navy officers

(1)

In general

The following Navy reserve officers shall not be counted for purposes of this section:

(A)

Officers counted under section 526a of this title.

(B)

Officers serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).

(2)

Scope of exclusion

Not more than 50 percent of the officers in an active status authorized under this section for the Navy may serve in a grade above the grade of rear admiral (lower half).

(e)

Exclusion of certain Marine Corps officers

The following Marine Corps reserve officers shall not be counted for purposes of this section:

(1)

Officers counted under section 526a of this title.

(2)

Officers serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).

(f)

Exclusion of officers departing from joint duty assignments

The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time.

(g)

Preservation of grade

(1)

Army and Air Force officers

A reserve general officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of general officers authorized under subsection (a).

(2)

Navy and Marine Corps officers

An officer of the Navy Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for the officer's grade.

.

(2)

Conforming amendment

Section 12004 of such title is amended by adding at the end the following new subsection:

(g)

The provisions of this section shall not apply to authorized strengths for reserve general and flag officers after December 31, 2017. For provisions applicable to the authorized strengths of such officers after that date, see section 12004a of this title.

.

(d)

Clerical amendments

(1)

Chapter 32

The table of sections at the beginning of chapter 32 of title 10, United States Code, is amended—

(A)

by inserting after the item relating to section 525 the following new item:

525a. Distribution of commissioned officers on active duty in general officer grades and flag officer grades after December 31, 2017.

.

(B)

by inserting after the item relating to section 526 the following new item:

526a. Authorized strength after December 31, 2017: general and flag officers on active duty.

.

(2)

Chapter 1201

The table of sections at the beginning of chapter 1201 of such is amended by inserting after the item relating to section 12004 the following new item:

12004a. Strength in grade after December 31, 2017: reserve general and flag officers in an active status.

.

502.

Repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces

(a)

Assistants to CJCS for NG matters and Reserve matters

(1)

In general

Section 155a of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 155a.

(b)

Legal counsel to CJCS

Section 156 of title 10, United States Code, is amended—

(1)

by striking subsection (c); and

(2)

by redesignating subsection (d) as subsection (c).

(c)

Director of Test Resource Management Center

Section 196(b)(1) of title 10, United States Code, is amended by striking the second and third sentences.

(d)

Director of Missile Defense Agency

(1)

In general

Section 203 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 8 of such title is amended by striking the item relating to section 203.

(e)

Joint 4-star positions

Section 604(b) of title 10, United States Code, is amended by striking paragraph (3).

(f)

Senior members of Military Staff Committee of UN

Section 711 of title 10, United States Code, is amended by striking the second sentence.

(g)

Chief of Staff to President

(1)

In general

Section 720 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 720.

(h)

Attending physician to Congress

(1)

In general

Section 722 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 41 of such title is amended by striking the item relating to section 722.

(i)

Physician to White House

(1)

In general

Section 744 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 43 of such title is amended by striking the item relating to section 744.

(j)

Chief of Legislative Liaison of the Army

Section 3023(a) of title 10, United States Code, is amended by striking the second sentence.

(k)

Chiefs of branches of the Army

Section 3036(b) of title 10, United States Code, is amended in the flush matter following paragraph (2)—

(1)

by striking the first sentence; and

(2)

in the second sentence, by striking , and while so serving, has the grade of lieutenant general.

(l)

Judge Advocate General of the Army

Section 3037(a) of title 10, United States Code, is amended by striking the last two sentences.

(m)

Chief of Army Reserve

Section 3038(c) of title 10, United States Code, is amended—

(1)

in the subsection heading, by striking ; grade;

(2)

by striking (1); and

(3)

by striking paragraph (2).

(n)

Deputy and assistant chiefs of branches of the Army

(1)

In general

Section 3039 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 305 of such title is amended by striking the item relating to section 3039.

(o)

Chief of Army Nurse Corps

Section 3069(b) of title 10, United States Code, is amended by striking the second sentence.

(p)

Assistant chiefs of Army Medical Specialist Corps

(1)

In general

Section 3070 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking and assistant chiefs;

(B)

by striking subsection (c); and

(C)

by redesignating subsection (d) as subsection (c).

(2)

Conforming amendment

The heading of such section is amended to read as follows:

3070.

Army Medical Specialist Corps: organization; Chief

.

(3)

Clerical amendment

The table of sections at the beginning of chapter 307 of such title is amended by striking the item relating to section 3070 and inserting the following new item:

3070. Army Medical Specialist Corps: organization; Chief.

.

(q)

Judge Advocate General's Corps of the Army

Section 3072 of title 10, United States Code, is amended—

(1)

by striking paragraph (3); and

(2)

by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

(r)

Chief of Veterinary Corps of the Army

(1)

In general

Section 3084 of title 10, United States Code, is amended by striking the second sentence.

(2)

Conforming amendment

The heading of such section is amended to read as follows:

3084.

Chief of Veterinary Corps

.

(3)

Clerical amendment

The table of sections at the beginning of chapter 307 is amended by striking the item relating to section 3084 and inserting the following new item:

3084. Chief of Veterinary Corps.

.

(s)

Army aides

(1)

In general

Section 3543 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 343 of such title is amended by striking the item relating to section 3543.

(t)

Principal Military Deputy to Assistant Secretary of the Navy for RD&A

Section 5016(b)(4)(B) of title 10, United States Code, is amended by striking a vice admiral of the Navy or a lieutenant general of the Marine Corps and inserting an officer of the Navy or the Marine Corps.

(u)

Chief of Naval Research

Section 5022 of title 10, United States Code, is amended—

(1)

by striking (1); and

(2)

by striking paragraph (2).

(v)

Chief of Legislative Affairs of the Navy

Section 5027(a) of title 10, United States Code, is amended by striking the second sentence.

(w)

Director for Expeditionary Warfare

Section 5038 of title 10, United States Code, is amended—

(1)

by striking subsection (b); and

(2)

by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

(x)

SJA to Commandant of the Marine Corps

Section 5046(a) of title 10, United States Code, is amended by striking the last sentence.

(y)

Legislative Assistant to Commandant of the Marine Corps

Section 5047 of title 10, United States Code, is amended by striking the second sentence.

(z)

Bureau Chiefs of the Navy

(1)

In general

Section 5133 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 513 of such title is amended by striking the item relating to section 5133.

(aa)

Chief of Dental Corps of the Navy

Section 5138 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking not below the grade of rear admiral (lower half); and

(2)

in subsection (c), by striking the first sentence.

(bb)

Bureau of Naval Personnel

(1)

In general

Section 5141 of title 10, United States Code, is amended—

(A)

in subsection (a), by striking the first sentence; and

(B)

in subsection (b), by striking the first sentence.

(2)

Conforming amendment

The heading of such section is amended to read as follows:

5141.

Chief of Naval Personnel; Deputy Chief of Naval Personnel

.

(3)

Clerical amendment

The table of sections at the beginning of chapter 513 of such title is amended by striking the item relating to section 5141 and inserting the following new item:

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

.

(cc)

Chief of Chaplains of the Navy

Section 5142 of title 10, United States Code, is amended by striking subsection (e).

(dd)

Chief of Navy Reserve

Section 5143(c) of title 10, United States Code, is amended—

(1)

in the subsection heading, by striking ; grade;

(2)

by striking (1);

(3)

by striking paragraph (2).

(ee)

Commander, Marine Forces Reserve

Section 5144(c) of title 10, United States Code, is amended—

(1)

in the subsection heading, by striking ; grade;

(2)

by striking (1);

(3)

by striking paragraph (2).

(ff)

Judge Advocate General of the Navy

Section 5148(b) of title 10, United States Code, is amended by striking the last sentence.

(gg)

Deputy and Assistant Judge Advocates General of the Navy

Section 5149 of title 10, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

in the first sentence, by striking , by and with the advice and consent of the Senate,; and

(B)

by striking the second sentence;

(2)

by striking subsections (b) and (c); and

(3)

by redesignating subsection (d) as subsection (b).

(hh)

Chiefs of staff corps of the Navy

Section 5150 of title 10, United States Code, is amended—

(1)

in subsection (b)(2), by striking Subject to subsection (c), the Secretary and inserting The Secretary; and

(2)

by striking subsection (c).

(ii)

Principal Military Deputy to Assistant Secretary of the Air Force for Acquisition

Section 8016(b)(4)(B) of title 10, United States Code, is amended by striking a lieutenant general and inserting an officer.

(jj)

Chief of Legislative Liaison of the Air Force

Section 8023(a) of title 10, United States Code, is amended by striking the second sentence.

(kk)

Judge Advocate General and Deputy Judge Advocate General of the Air Force

Section 8037 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking the last sentence; and

(2)

in subsection (d)(1), by striking the last sentence.

(ll)

Chief of the Air Force Reserve

Section 8038(c) of title 10, United States Code, is amended—

(1)

in the subsection heading, by striking ; grade;

(2)

by striking (1);

(3)

by striking paragraph (2).

(mm)

Chief of Chaplains of the Air Force

Section 8039 of title 10, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

by striking subparagraph (A); and

(B)

by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and

(2)

by striking subsection (c).

(nn)

Chief of Air Force Nurses

(1)

In general

Section 8069 of title 10, United States Code, is amended—

(A)

in subsection (a)—

(i)

in the subsection heading, by striking Positions of Chief and assistant chief and inserting Position of chief; and

(ii)

by striking and assistant chief;

(B)

in subsection (b), by striking the second sentence; and

(C)

by striking subsection (c).

(2)

Conforming amendment

The heading of such section is amended to read as follows:

8069.

Air Force nurses: Chief; appointment

.

(3)

Clerical amendment

The table of sections at the beginning of chapter 807 of such title is amended by striking the item relating to section 8069 and inserting the following new item:

8069. Air Force nurses: Chief; appointment.

.

(oo)

Assistant Surgeon General for Dental Services of the Air Force

Section 8081 of title 10, United States Code, is amended by striking the second sentence.

(pp)

Air Force aides

(1)

In general

Section 8543 of title 10, United States Code, is repealed.

(2)

Clerical amendment

The table of sections at the beginning of chapter 843 is amended by striking the item relating to section 8543.

(qq)

Dean of Faculty of the Air Force Academy

Section 9335(b) of title 10, United States Code, is amended by striking the first and third sentences.

(rr)

Vice Chief of the National Guard Bureau

Section 10505(a) of title 10, United States Code, is amended—

(1)

in subsection (a)(1)—

(A)

in subparagraph (C), by adding and at the end;

(B)

in subparagraph (D), by striking ; and at the end and inserting a period; and

(C)

by striking subparagraph (E); and

(2)

by striking subsection (c).

(ss)

Other senior National Guard Bureau officers

Section 10506(a)(1) of title 10, United States Code, is amended in each of subparagraphs (A) and (B)—

(1)

by striking general; and

(2)

by striking , and shall hold the grade of lieutenant general while so serving,.

503.

Temporary suspension of officer grade strength tables

(a)

DOPMA tables

Section 523(a) of title 10, United States Code, is amended—

(1)

in paragraphs (1) and (2), by inserting paragraph (4) and after Except as provided in; and

(2)

by adding at the end the following new paragraph:

(4)

The limitations in paragraphs (1) and (2) shall not apply with respect to fiscal years 2017 through 2021.

.

(b)

ROPMA tables

Section 12011(a) of title 10, United States Code, is amended—

(1)

in paragraphs (1) and (2), by striking Of the and inserting Except as provided in paragraph (3), of the; and

(2)

by adding at the end the following new paragraph:

(3)

The limitations in paragraphs (1) and (2) shall not apply with respect to fiscal years 2017 through 2021.

.

504.

Enhanced authority for service credit for experience or advanced education upon original appointment as a commissioned officer

(a)

Service credit sufficient for appointment as regular colonel or Navy captain

Subsection (b)(2) of section 533 of title 10, United States Code, is amended—

(1)

by striking in the case of a medical and dental officer;

(2)

by striking major and inserting colonel; and

(3)

by striking lieutenant commander and inserting captain.

(b)

Restatement and modification of service credit for cyberspace experience or advanced education

(1)

Restatement and modification

Subsection (b)(1) of such section is amended by adding at the end the following new subparagraph:

(F)
(i)

If the Secretary concerned determines that the number of commissioned officers with cyberspace-related experience or advanced education serving on active duty in an armed force under the jurisdiction of the Secretary is critically below the number needed, a period of constructive service for the following:

(I)

Special experience or training in a particular cyberspace-related field if such experience or training is directly related to the operational needs of the armed force concerned.

(II)

Any period of advanced education in a cyberspace-related field beyond the baccalaureate degree level if such advanced education is directly related to the operational needs of the armed force concerned.

(ii)

Constructive service credited an officer under this subparagraph shall not exceed one year for each year of special experience, training, or advanced education.

(iii)

Constructive service credited an officer under this subparagraph is in addition to any service credited the officer under subsection (a), and shall be credited at the time of the original appointment of the officer.

.

(2)

Repeal of superseded authority

Such section is further amended by striking subsection (g).

(c)

Technical amendment

Subsection (c) of such section is amended by inserting , (e), after subsection (b).

505.

Authority of promotion boards to recommend officers of particular merit be placed at the top of the promotion list

(a)

Authority of promotion boards To recommend officers of particular merit Be placed at top of promotion list

Section 616 of title 10, United States Code, is amended by adding at the end the following new subsection:

(g)
(1)

In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed at the top of the promotion list promulgated by the Secretary under section 624(a)(1) of this title.

(2)

The number of such officers placed at the top of the promotion list may not exceed the number equal to 20 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category. If the number determined under this subsection is less than one, the board may recommend one such officer.

(3)

No officer may be recommended to be placed at the top of the promotion list unless the officer receives the recommendation of at least a majority of the members of a board for such placement.

(4)

For the officers recommended to be placed at the top of the promotion list, the board shall recommend the order in which these officers should be promoted.

.

(b)

Officers of particular merit appearing at top of promotion list

Section 624(a)(1) of such title is amended by inserting , except such officers of particular merit who were approved by the President and recommended by the board to be placed at the top of the promotion list under section 616(g) of this title as these officers shall be placed at the top of the promotion list in the order recommended by the board after officers on the active-duty list.

506.

Promotion eligibility period for officers whose confirmation of appointment is delayed due to nonavailability to the Senate of probative information under control of non-Department of Defense agencies

Section 629(c) of title 10, United States Code, is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following new paragraph (3):

(3)

Paragraph (1) does not apply when the Senate is not able to obtain information necessary to give its advice and consent to the appointment concerned because that information is under the control of a department or agency of the Federal Government other than the Department of Defense.

.

507.

Length of joint duty assignments

(a)

In general

Subsection (a) of section 664 of title 10, United States Code, is amended by striking assignment— and all that follows and inserting assignment shall be not less than two years..

(b)

Repeal of authority for shorter length for officers initially assigned to critical occupational specialties

Such section is further amended by striking subsection (c).

(c)

Exclusions from tour length

Subsection (d) of such section is amended—

(1)

in the matter preceding paragraph (1), by striking the standards prescribed in subsection (a) and inserting the requirement in subsection (a);

(2)

in paragraph (1)(D), by striking assignment— and all that follows and inserting assignment as prescribed by the Secretary of Defense in regulations.;

(3)

by striking paragraph (2);

(4)

by redesignating paragraph (3) as paragraph (2); and

(5)

in paragraph (2), as redesignated by paragraph (4) of this subsection, by striking the applicable standard prescribed in subsection (a) and inserting the requirement in subsection (a).

(d)

Repeal of average tour length requirements

Such section is further amended by striking subsection (e).

(e)

Full tour of duty

Subsection (f) of such section is amended—

(1)

in paragraph (1), by striking standards prescribed in subsection (a) and inserting the requirement in subsection (a);

(2)

by striking paragraphs (2) and (4);

(3)

by redesignating paragraphs (3), (5), and (6) as paragraphs (2), (3), and (4), respectively; and

(4)

in paragraph (4), as redesignated by paragraph (3) of this subsection, by striking , but not less than two years.

(f)

Constructive credit

Subsection (h) of such section is amended—

(1)

by striking (1);

(2)

by striking accord and inserting award; and

(3)

by striking paragraph (2).

(g)

Conforming amendments

Such section is further amended—

(1)

by redesignating subsections (d), (f), (g), and (h), as amended by this section, as subsections (c), (d), (e), and (f), respectively;

(2)

in paragraph (2) of subsection (c), as so redesignated and amended, by striking subsection (f)(3) and inserting subsection (d)(2).

(3)

paragraph (2) of subsection (d), as so redesignated and amended, by striking subsection (g) and inserting subsection (e);

(4)

in subsection (e), as so redesignated and amended, by striking subsection (f)(3) and inserting subsection (d)(2); and

(5)

in subsection (f), as so redesignated and amended, by striking paragraphs (1), (2), and (4) of subsection (f) and inserting subsection (d)(1).

508.

Modification of definitions relating to joint officer management

(a)

Joint matters

Subsection (a) of section 668 of title 10, United States Code, is amended—

(1)

by striking paragraph (1), by striking matters related to and all that follows and inserting “matters related to—

(A)

developing or achieving strategic objectives through the synchronization, coordination, and organization of integrated forces in operations conducted across domains such as land, sea, or air, in space, or in the information environment, including matters relating to—

(i)

national military strategy;

(ii)

strategic planning and contingency planning;

(iii)

command and control, intelligence, fires, movement and maneuver, protection, or sustainment of operations under unified command;

(iv)

national security planning with other departments and agencies of the United States; or

(v)

combined operations with military forces of allied nations; or

(B)

acquisition matters conducted by members of the armed forces and covered by chapter 87 of this title involved in developing, testing, contracting, producing, or fielding of multi-service programs or systems;

(C)

homeland security matters conducted in close coordination with Federal, State, or local agencies in support of natural disasters or emergencies; or

(D)

other matters designated in regulations by the Secretary of Defense in consultation with the Chairman of the Joint Chiefs of Staff.

; and

(2)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking integrated military forces and inserting integrated forces; and

(ii)

by striking the planning or execution (or both) of operations involving and inserting participants from; and

(B)

in subparagraph (B), by adding at the end the following new clause:

(iv)

State and local governments, when in support of natural disasters or emergencies, including planning activities relating thereto.

.

(b)

Joint duty assignment

Subsection (b)(1)(A) of such section is amended by inserting preponderance of the officer's duties are involved in joint matters in which the after in which the.

(c)

Repeal of definition of critical occupational specialty

Such section is further amended by striking subsection (d).

509.

Continuation of certain officers on active duty without regard to requirement for retirement for years of service

(a)

Authority for continuation on active duty

(1)

In general

Subchapter IV of chapter 36 of title 10, United States Code, is amended by inserting after section 637 the following new section:

637a.

Continuation on active duty: officers in certain military specialties and career tracks

(a)

In general

The Secretary of the military department concerned may authorize an officer in a grade above grade O–4 to remain on active duty after the date otherwise provided for the retirement of the officer in section 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).

(b)

Military specialties

Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).

(c)

Duration of continuation

An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.

(d)

Regulations

The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialities for purposes of subsection (b).

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter IV of chapter 36 of such title is amended by inserting after section the following new item:

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

.

(b)

Conforming amendments

The following provisions of title 10, United States Code, are amended by inserting or 637a after 637(b):

(1)

Section 633(a).

(2)

Section 634(a).

(3)

Section 635.

(4)

Section 636(a).

510.

Extension of force management authorities allowing enhanced flexibility for officer personnel management

(a)

Temporary early retirement authority

Section 4403(i) of the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by striking December 31, 2018 and inserting December 31, 2025.

(b)

Continuation on active duty

Section 638a(a)(2) of title 10, United States Code, is amended by striking December 31, 2018 and inserting December 31, 2025.

(c)

Voluntary separation pay

Section 1175a(k)(1) of such title is amended by striking December 31, 2018 and inserting December 31, 2025.

(d)

Service-in-grade waivers

Section 1370(a)(2)(F) of such title is amended by striking 2018 and inserting 2025.

B

Reserve Component Management

521.

Authority for temporary waiver of limitation on term of service of Vice Chief of the National Guard Bureau

Section 10505(a)(4) of title 10, United States Code, is amended by striking paragraph (3)(B) for a limited period of time and inserting paragraph (3) for not more than 90 days.

522.

Authority to designate certain reserve officers as not to be considered for selection for promotion

Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:

(j)

Certain officers not To be considered for selection for promotion

The Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion at any time the officer otherwise would be so considered. Any such officer may remain on the reserve active-status list.

.

523.

Rights and protections available to military technicians

Section 709(f) of title 32, United States Code, is amended—

(1)

in paragraph (4), by striking ; and and inserting the following: when the appeal concerns activity occurring while the member is in a military status, or concerns fitness for duty in the reserve components;;

(2)

by redesignating paragraph (5) as paragraph (6); and

(3)

by inserting after paragraph (4) the following new paragraph (5):

(5)

with respect to an appeal concerning any activity not covered by paragraph (4), the provisions of section 717 of the Civil Rights Act of 1991 (42 U.S.C. 2000e–16) shall apply; and

.

524.

Extension of suicide prevention and resilience programs for the National Guard and Reserves

Section 10219(g) of title 10, United States Code, is amended by striking October 1, 2017 and inserting October 1, 2022.

525.

Inapplicability of certain laws to National Guard technicians performing active Guard and Reserve duty

Section 709(g) of title 32, United States Code, is amended—

(1)

by inserting (1) after (g); and

(2)

by adding at the end the following new paragraph:

(2)

In addition to the sections referred to in paragraph (1), section 6323(a)(1) of title 5 also does not apply to a person employed under this section who is performing active Guard and Reserve duty (as that term is defined in section 101(d)(6) of title 10).

.

C

General Service Authorities

531.

Responsibility of Chiefs of Staff of the Armed Forces for standards and qualifications for military specialties within the Armed Forces

(a)

In general

Except as provided in subsection (d), responsibility within an Armed Force for establishing, approving, and modifying the criteria, standards, and qualifications for military speciality codes within that Armed Force shall be vested solely in the Chief of Staff of that Armed Force.

(b)

Military specialty codes

For purposes of this section, a military specialty code is as follows:

(1)

A Military Occupational Speciality Code (MOS) and any other military specialty or military occupational specialty of the Army, in the case of the Army.

(2)

A Naval Enlisted Code (NEC), Unrestricted Duty code, Restricted Duty code, Restricted Line duty code, Staff Corps code, Limited Duty code, Warrant Officer code, and any other military specialty or military occupational specialty of the Navy, in the case of the Navy.

(3)

An Air Force Specialty Code (AFSC) and any other military specialty or military occupational specialty of the Air Force, in the case of the Air Force.

(4)

A Military Occupational Speciality Code (MOS) and any other military specialty or military occupational specialty of the Marine Corps, in the case of the Marine Corps.

(c)

Chief of Staff for Marine Corps

For purposes of this section, the Commandant of the Marine Corps shall be deemed to be the Chief of Staff of the Marine Corps.

(d)

Gender integration

Nothing in this section shall be construed to terminate, alter, or revise the authority of the Secretary of Defense to establish, approve, modify, or otherwise regulate gender-based criteria, standards, and qualifications for military specialties within the Armed Forces.

532.

Leave matters

(a)

Primary and secondary caregiver leave

Section 701 of title 10, United States Code, is amended—

(1)

by striking subsections (i) and (j); and

(2)

by inserting after subsection (h) the following new subsections (i) and (j):

(i)
(1)

Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in paragraph (2) who is the primary caregiver in the case of the birth of a child or the adoption of a child is allowed up to 6 weeks of leave to be used in connection with such event.

(2)

A member described in this paragraph is a member as follows:

(A)

A member on active duty.

(B)

A member of a reserve component performing active Guard and Reserve duty.

(C)

A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months.

(3)

The Secretary shall prescribe in the regulations referred to in paragraph (1) a definition of the term primary caregiver for purposes of this subsection.

(4)

The taking of leave by a member under this subsection in connection with the birth of a child shall be treated as commencing at the conclusion of any period of medical convalescent leave resulting from childbirth. Any such convalescent leave may be for more than six weeks only if specifically recommended, in writing, by the member's medical provider and approved by the member's commander.

(5)

Any leave taken by a member under this subsection, including leave under paragraphs (1) and (4), may be taken only in one increment in connection with the event concerned.

(6)
(A)

Any leave authorized by this subsection that is not taken within one year of the event concerned shall be forfeited.

(B)

Any leave authorized by this subsection for a member of a reserve component on active duty that is not taken at the time the member is separated from active duty shall be forfeited at that time.

(7)

The period of active duty of a member of a reserve component may not be extended in order to permit the member to take leave authorized by this subsection.

(8)

Under the regulations for purposes of this subsection, a member taking leave under paragraph (1) may, as a condition for taking such leave, be required—

(A)

to accept an extension of the member's current service obligation, if any, by one week for every week of leave taken under paragraph (1); or

(B)

to incur a reduction in the member's leave account by one week for every week of leave taken under paragraph (1).

(9)
(A)

Leave authorized by this subsection is in addition to any other leave provided under other provisions of this section.

(B)

Medical convalescent leave under paragraph (4) is in addition to any other leave provided under other provisions of this subsection.

(10)
(A)

Subject to subparagraph (B), a member taking leave under paragraph (1) during a period of obligated service shall not be eligible for terminal leave, or to sell back leave, at the end such period of obligated service.

(B)

Under the regulations for purposes of this subsection, the Secretary concerned may waive, whether in whole or in part, the applicability of subparagraph (A) to a member who reenlists at the end of the member's period of obligated service described in that subparagraph if the Secretary determines that the waiver is in the interests of the armed force concerned.

(j)
(1)

Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subsection (i)(2) who is the secondary caregiver in the case of the birth of a child or the adoption of a child is allowed up to 21 days of leave to be used in connection with such event.

(2)

The Secretary shall prescribe in the regulations referred to in paragraph (1) a definition of the term secondary caregiver for purposes of this subsection.

(3)

Any leave taken by a member under this subsection may be taken only in one increment in connection with the event concerned.

(4)

Under the regulations for purposes of this subsection, paragraphs (6) through (10) of subsection (i) (other than paragraph (9)(B) of such subsection) shall apply to leave, and the taking of leave, authorized by this subsection.

.

(b)

Prohibition on leave not expressly authorized by law

(1)

Prohibition

Chapter 40 of title 10, United States Code, is amended by inserting after section 704 the following new section:

704a.

Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law

No member or category of members of the armed forces may be authorized, granted, or assigned leave, including uncharged leave, not expressly authorized by a provision of this chapter or another statute unless expressly authorized by an Act enacted after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 704 the following new item:

704a. Administration of leave: prohibition on authorizing, granting, or assigning leave not expressly authorized by law.

.

533.

Transfer of provision relating to expenses incurred in connection with leave canceled due to contingency operations

(a)

Enactment in title 10, United States Code, of authority for reimbursement of expenses

Chapter 40 of title 10, United States Code, is amended by inserting after section 709 the following new section:

709a.

Expenses incurred in connection with leave canceled due to contingency operations: reimbursement

(a)

Authorization To reimburse

The Secretary concerned may reimburse a member of the armed forces under the jurisdiction of the Secretary for travel and related expenses (to the extent not otherwise reimbursable under law) incurred by the member as a result of the cancellation of previously approved leave when—

(1)

the leave is canceled in connection with the members's participation in a contingency operation; and

(2)

the cancellation occurs within 48 hours of the time the leave would have commenced.

(b)

Regulations

The Secretary of Defense and, in the case of the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security shall prescribe regulations to establish the criteria for the applicability of subsection (a).

(c)

Conclusiveness of settlement

The settlement of an application for reimbursement under subsection (a) is final and conclusive.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 709 the following new item:

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

(c)

Repeal of superseded authority

Section 453 of title 37, United States Code, is amended by striking subsection (g).

534.

Reduction of tenure on the temporary disability retired list

(a)

Reduction of tenure

Section 1210 of title 10, United States Code, is amended—

(1)

in subsection (b), by striking five years and inserting three years; and

(2)

in subsection (h), by striking five years and inserting three years.

(b)

Applicability

The amendments made by subsection (a) shall take effect on January 1, 2017, and shall apply to members of the Armed Forces whose names are placed on the temporary disability retired list on or after that date.

535.

Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender

(a)

Prohibition

No order, ruling, finding, or other determination of a military commission may be construed or implemented to prohibit or restrict a member of the Armed Forces from carrying out duties otherwise lawfully assigned to such member to the extent that the basis for such prohibition or restriction is the gender of such member.

(b)

Applicability to prior orders, etc.

In the case of an order, ruling, finding, or other determination described in subsection (a) that was issued before the date of the enactment of this Act in a military commission and is still effective as of the date of the enactment of this Act, such order, ruling, finding, or determination shall be deemed to be vacated and null and void only to the extent of any prohibition or restriction on the duties of members of the Armed Forces that is based on the gender of members.

(c)

Military commission defined

In this section, the term military commission means a military commission established under chapter 47A of title 10, United States Code, and any military commission otherwise established or convened by law.

536.

Board for the Correction of Military Records and Discharge Review Board matters

(a)

BCMR matters

(1)

Composition of boards in certain claims

Subsection (a) of section 1552 of title 10, United States Code, is amended—

(A)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(B)

by inserting after paragraph (2) the following new paragraph (3):

(3)
(A)

In the case of a claim of a claimant described in section 1553(d)(1) of this title with respect to a discharge or dismissal described in such section, the board established under this subsection shall include a clinical psychologist or psychiatrist, or a physician described in such section.

(B)

In the case of a claim of a claimant described in section 1553(e) of this title with respect to a discharge or dismissal described in such section, the board established under this subsection shall include a clinical psychologist or psychiatrist, or physician described in such section.

.

(2)

Information through the Internet

Such section is further amended—

(A)

by redesignating subsection (h) as subsection (i); and

(B)

by inserting after subsection (g) the following new subsection (h):

(h)

Each board established under this section shall make available to the public each calender quarter, on an Internet website of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following:

(1)

The number of claims considered by such board during the calendar quarter preceding the calender quarter in which such information is made available, including cases in which a mental health condition of the claimant, including post-traumatic stress disorder or traumatic brain injury, is alleged to have contributed, whether in whole or part, to the original characterization of the discharge or release of the claimant.

(2)

The factor or factors alleged to have contributed, whether in whole or part, to the original characterization of discharge or release of claimants, including, specifically, whether such factor or factors included conditions such as post-traumatic stress disorder, traumatic brain injury, or other conditions.

(3)

The periods of military service of claimants in the claims covered by paragraph (1).

(4)

The number of military records corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or release of claimants.

.

(b)

Information on DRBs through the Internet

Section 1553 of such title is amended by adding at the end the following new subsection:

(f)

Each board established under this section shall make available to the public each calender quarter, on an Internet website of the military department concerned or the Department of Homeland Security, as applicable, that is available to the public the following:

(1)

The number of motions or requests for review considered by such board during the calendar quarter preceding the calender quarter in which such information is made available, including cases in which a mental health condition of the former member, including post-traumatic stress disorder or traumatic brain injury, is alleged to have contributed, whether in whole or part, to the original characterization of the discharge or dismissal of the former member.

(2)

The factor or factors alleged to have contributed, whether in whole or part, to the original characterization of discharge or release of individuals covered by such motions or requests, including, specifically, whether such factor or factors included conditions such as post-traumatic stress disorder, traumatic brain injury, or other conditions.

(3)

The periods of military service of former members in the motions and requests for review covered by paragraph (1).

(4)

The number of discharges or dismissals corrected pursuant to the consideration described in paragraph (1) to upgrade the characterization of discharge or dismissal of former members.

.

536A.

Treatment by discharge review boards of claims asserting post-traumatic stress disorder or traumatic brain injury in connection with combat or sexual trauma as a basis for review of discharge

Section 1553(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)
(A)

In addition to the requirements of paragraph (1) and (2), in the case of a former member described in subparagraph (B), the Board shall—

(i)

review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the former member; and

(ii)

review the case with liberal consideration to the former member that post-traumatic stress disorder or traumatic brain injury potentially contributed to the circumstances resulting in the discharge of a lesser characterization.

(B)

A former member described in this subparagraph is a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale, or as justification for priority consideration, whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned.

.

537.

Reconciliation of contradictory provisions relating to qualifications for enlistment in the reserve components of the Armed Forces

Section 12102(b) of title 10, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:

(1)

that person has met the requirements established in section 504(b)(1) of this title; or

(2)

that person is authorized to enlist by the Secretary concerned under section 504(b)(2) of this title.

.

D

Military Justice and Legal Assistance Matters

I

Retaliation

541.

Report to complainants of resolution of investigations into retaliation

(a)

Report required

(1)

In general

Under regulations prescribed by the Secretary of Defense, the results of an investigation by an office, element, or personnel of the Department of Defense or the Armed Forces of a complaint by a member of the Armed Forces of retaliation shall be reported to the member, including whether the complaint was substantiated, unsubstantiated, or dismissed.

(2)

Members of Coast Guard

The Secretary of Homeland Security shall provide in a similar manner for reports on the results of investigations by offices, elements, or personnel of the Department of Homeland Security or the Coast Guard of such complaints made by members of the Coast Guard when it is not operating as a service in the Navy.

(b)

Retaliation defined

In this section, the term retaliation has the meaning given the term by the Secretary of Defense in the strategy required by section 539 of the National Defense Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129 Stat. 818) or a subsequent meaning specified by the Secretary.

542.

Training for Department of Defense personnel on sexual assault trauma in individuals claiming retaliation in connection with reports of sexual assault in the Armed Forces

(a)

In general

The Secretary of Defense shall ensure that the personnel of the Department of Defense specified in subsection (b) who investigate claims of retaliation in connection with reports of sexual assault in the Armed Forces receive training on the nature and consequences of sexual assault trauma. The training shall include such elements as the Secretary shall specify for purposes of this section.

(b)

Personnel

The personnel of the Department of Defense specified in this subsection are the following:

(1)

Personnel of military criminal investigation services.

(2)

Personnel of Inspectors General offices.

(3)

Personnel of any command of the Armed Forces who are assignable by the commander of such command to investigate claims of retaliation made by or against members of such command.

(c)

Retaliation defined

In this section, the term retaliation has the meaning given the term by the Secretary of Defense in the strategy required by section 539 of the National Defense Authorization Act of Fiscal Year 2016 (Public Law 114–92; 129 Stat. 818) or a subsequent meaning specified by the Secretary.

543.

Inclusion in annual reports on sexual assault prevention and response efforts of the Armed Forces of information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces

Section 1631(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at the end the following new paragraph:

(12)

Information on each claim of retaliation in connection with a report of sexual assault in the Armed Forces made by or against a member of such Armed Force as follows:

(A)

A narrative description of each complaint.

(B)

The nature of such complaint, including whether the complainant claims professional or social retaliation.

(C)

The gender of the complainant.

(D)

The gender of the individual claimed to have committed the retaliation.

(E)

The nature of the relationship between the complainant and the individual claimed to have committed the retaliation.

(F)

The nature of the relationship, if any, between the individual alleged to have committed the sexual assault concerned and the individual claimed to have committed the retaliation.

(G)

The official or office that received the complaint.

(H)

The organization that investigated or is investigating the complaint.

(I)

The current status of the investigation.

(J)

If the investigation is complete, a description of the results of the investigation, including whether the results of the investigation were provided to the complainant.

(K)

If the investigation determined that retaliation occurred, whether the retaliation was an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

.

544.

Metrics for evaluating the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces

(a)

Metrics required

The Sexual Assault Prevention and Response Office of the Department of Defense shall establish and issue to the military departments metrics to be used to evaluate the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces.

(b)

Best practices

For purposes of enhancing and achieving uniformity in the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces, the Sexual Assault Prevention and Response Office shall identify and issue to the military departments best practices to be used in the prevention of and response to retaliation in connection with such reports.

II

Other Military Justice Matters

546.

Discretionary authority for military judges to designate an individual to assume the rights of the victim of an offense under the Uniform Code of Military Justice when the victim is a minor, incompetent, incapacitated, or deceased

Section 806b(c) of title 10, United States Code (article 6b(c) of the Uniform Code of Military Justice), is amended by striking shall designate and inserting may designate.

547.

Appellate standing of victims in enforcing rights of victims under the Uniform Code of Military Justice

(a)

Victim as real party in interest during appellate review

Section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

(f)

Victim as real party in interest during appellate review

(1)

If counsel for the accused or the Government files appellate pleadings under section 866 or 867 of this title (article 66 or 67), the victim of an offense under this chapter may file pleadings as a real party in interest when the victim’s rights under the rules specified in paragraph (2) are implicated. The victim’s right to file pleadings as a real party in interest includes the right to do so through counsel, including through a Special Victims’ Counsel under section 1044e of this title.

(2)

Paragraph (1) applies with respect to the protections afforded by the following:

(A)

Military Rule of Evidence 412, relating to the admission of evidence regarding a victim's sexual background.

(B)

Military Rule of Evidence 513, relating to the psychotherapist-patient privilege.

(C)

Military Rule of Evidence 514, relating to the victim advocate-victim privilege.

(3)

In this subsection, the term victim of an offense under this chapter means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter (the Uniform Code of Military Justice) and for which there was a guilty finding that is the subject of appeal under section 866 or 867 of this title (article 66 or 67).

.

(b)

Notice of appellate and post-trial matters

Subparagraph (C) of subsection (a)(2)of such section (article) is amended to read as follows:

(C)

A court-martial and any appellate matters, including post-trial review, relating to the offense.

.

548.

Effective prosecution and defense in courts-martial

(a)

Program for effective prosecution and defense

Each Secretary concerned shall carry out a program to ensure that—

(1)

trial counsel and defense counsel detailed to prosecute or defend a court-martial have sufficient experience and knowledge to effectively prosecute or defend the case; or

(2)

there is adequate supervision and oversight of the trial counsel and the defense counsel so detailed to ensure effective prosecution and defense in the court-martial.

(b)

Skill identifiers

(1)

In general

Each Secretary concerned shall establish and use a system of skill identifiers for purposes of identifying judge advocates with skill and experience in military justice proceedings in order to ensure that judge advocates with skills identified through such skill identifiers are assigned to supervise and oversee less experienced judge advocates in the prosecution and defense in courts-martial when required under a program carried out pursuant to subsection (a).

(2)

Use of civilian employees

In addition to judge advocates assignable pursuant to paragraph (1), a Secretary concerned may assign the function of supervising and overseeing prosecution or defense in courts-martial as described in that paragraph to civilian employees of the military department concerned or the Department of Homeland Security, as applicable, who have extensive litigation expertise.

(3)

Status as supervisor

A judge advocate or civilian employee assigned to supervise and oversee the prosecution or defense in a court-martial pursuant to this subsection is not required to be detailed to the case, but must be reasonably available for consultation during court-martial proceedings.

(c)

Definitions

In this section

(1)

The term judge advocate has the meaning given that term in section 801(13) of title 10, United States Code (article 1(13) of the Uniform Code of Military Justice).

(2)

The term Secretary concerned means the following:

(A)

The Secretary of the Army, with respect to judge advocates and courts-martial of the Army.

(B)

The Secretary of the Navy, with respect to judge advocates and courts-martial of the Navy and the Marine Corps.

(C)

The Secretary of the Air Force, with respect to judge advocates and courts-martial of the Air Force.

(D)

The Secretary of Homeland Security with respect to judge advocates of the Coast Guard and courts-martial of the Coast Guard when it is not operating as a service in the Navy.

549.

Pilot programs on military justice career track for judge advocates

(a)

Pilot programs required

Each Secretary of each military department shall carry out a pilot program to assess the feasibility and advisability of a military justice career track for judge advocates in the Armed Forces under the jurisdiction of the Secretary.

(b)

Duration

Each pilot program under this section shall be for a period of five years.

(c)

Elements

Each pilot program under this section shall include the following:

(1)

A military justice career track for judge advocates that leads to judge advocates with military justice expertise in the grade of colonel, or in the grade of captain in the case of judge advocates of the Navy, to prosecute and defend complex cases in military courts-martial.

(2)

The use of the suspension of limitations on the number of certain commissioned officers on active duty under section 523(a) of title 10, United States Code, by reason of paragraph (4) of that section (as added by section 503 of this Act), to increase the number of authorized commissioned officers in pay grades O–4 through O–6 in order to accommodate the increased numbers of judge advocates in such grades required in connection with the pilot program.

(3)

The use of skill identifiers to identify judge advocates for participation in the pilot program from among judge advocates having appropriate skill and experience in military justice matters.

(4)

Guidance for promotion boards considering the selection for promotion of officers participating in the pilot program in order to ensure that judge advocates who are participating in the pilot program have the same opportunity for promotion as all other judge advocate officers being considered for promotion by such boards.

(5)

Such other matters as the Secretary of the military department concerned considers appropriate.

(d)

Report

Not later than four years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs under this section. The report shall include the following:

(1)

A description and assessment of each pilot program.

(2)

Such recommendations as the Secretary considers appropriate in light of the pilot programs, including whether any pilot program should be extended or made permanent.

550.

Modification of definition of sexual harassment for purposes of investigations of complaints of harassment by commanding officers

(a)

In general

Section 1561(i) of title 10, United States Code, is amended—

(1)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking (constituting a form of sex discrimination); and

(B)

in subparagraph (B), by striking the work environment and inserting the environment; and

(2)

in paragraph (3), by striking in the workplace.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to complaints described in section 1561 of title 10, United States Code, that are first received by a commanding officer or officer in charge on or after that date.

551.

Extension and clarification of annual reports regarding sexual assault involving members of the Armed Forces

(a)

Extension

Subsection (a) of section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by striking 2017 and inserting 2025.

(b)

Scope of reporting requirement

Such section is further amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Sexual assaults covered by reporting requirement

The sexual assaults contained in a report under subsection (a) pursuant to paragraphs (1) and (2) of subsection (b) shall include all reported sexual assaults, regardless of the age of the offender or victim or the relationship status between the offender and victim, including, at a minimum, all sexual assault reports received by the Sexual Assault Prevention and Response Program, or equivalent, and the Family Advocacy Program, or equivalent, of each Armed Force.

.

(c)

Reporting deadlines

(1)

Military Department reports to Secretary of Defense

Subsection (a) of such section, as amended by subsection (a) of this section, is further amended by striking and each March 1, thereafter through March 1, and inserting each March 1 thereafter through March 1, 2016, and each February 1 thereafter though February 1,.

(2)

Secretary of Defense reports to Congress

Subsection (e) of such section, as redesignated by subsection (b)(1) of this section, is amended by striking April 30 and inserting March 31.

552.

Expansion of authority to execute certain military instruments

(a)

Expansion of authority To execute military testamentary instruments

(1)

In general

Paragraph (2) of section 1044d(c) of title 10, United States Code, is amended to read as follows:

(2)

the execution of the instrument is notarized by—

(A)

a military legal assistance counsel;

(B)

a person who is authorized to act as a notary under section 1044a of this title who—

(i)

is not an attorney; and

(ii)

is supervised by a military legal assistance counsel; or

(C)

a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance counsel;

.

(2)

Clarification

Paragraph (3) of such section is amended by striking presiding attorney and inserting person notarizing the instrument in accordance with paragraph (2).

(b)

Expansion of authority To notarize documents to civilians serving in military legal assistance offices

Section 1044a(b) of such title is amended by adding at the end the following new paragraph:

(6)

All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).

.

553.

United States Court of Appeals for the Armed Forces

(a)

Modification of term of two judges of the court To restore rotation of judges

(1)

Modification of term of office

Notwithstanding section 942(b)(2) of title 10, United States Code (article 142(b)(2) of the Uniform Code of Military Justice)—

(A)

the term of Judge Scott W. Stucky as a judge of the United States Court of Appeals for the Armed Forces shall expire on July 31, 2022; and

(B)

the term of Judge Margaret A. Ryan as a judge of the United States Court of Appeals for the Armed Forces shall expire on July 31, 2020.

(2)

Saving provision

No person mentioned in paragraph (1), and no survivor of any such person, shall be deprived of any annuity provided by section 945 of title 10, United States Code (article 145 of the Uniform Code of Military Justice), or under the applicable provisions of title 5, United States Code, by reason of that paragraph.

(b)

Modification of daily rate of compensation for senior judges performing judicial duties with the Court

Section 942(e)(2) of such title (article 142(e)(2) of the Uniform Code of Military Justice) is amended by striking equal to and all that follows and inserting “equal to the difference between—

(A)

the daily equivalent of the annual rate of pay provided for a judge of the court; and

(B)

the daily equivalent of the annuity of the judge under section 945 of this title (article 145), the applicable provisions of title 5, or any other retirement system for employees of the Federal Government under which the senior judge receives an annuity.

.

(c)

Clarification of authority of judges of the Court To administer oaths and acknowledgments

Subsection (c) of section 936 of such title (article 136 of the Uniform Code of Military Justice) is amended to read as follows:

(c)

Each judge and senior judge of the United States Court of Appeals for the Armed Forces shall have the powers relating to oaths, affirmations, and acknowledgments provided to justices and judges of the United States by section 459 of title 28.

.

(d)

Repeal of requirement relating to political party status of judges of the Court

Section 942(b)(3) of such title (article 142(b)(3) of the Uniform Code of Military Justice) is amended by striking Not more than three of the judges of the court may be appointed from the same political party, and no and by inserting No.

(e)

Repeal of dual compensation provision relating to judges of the Court

Section 945 of such title (article 145 of the Uniform Code of Military Justice) is amended—

(1)

in subsection (d), by striking subsection (g)(1)(B) and inserting subsection (f)(1)(B);

(2)

by striking subsection (f); and

(3)

by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively.

554.

Medical examination before administrative separation for members with post-traumatic stress disorder or traumatic brain injury in connection with sexual assault

Section 1177(a)(1) of title 10, United States Code, is amended—

(1)

by inserting , or sexually assaulted, after deployed overseas in support of a contingency operation; and

(2)

by inserting or based on such sexual assault, after while deployed,.

E

Member Education, Training, and Transition

561.

Limitation on tuition assistance for off-duty training or education

Section 2007(a) of title 10, United States Code, is amended by inserting , but only if the Secretary determines that such education or training is likely to contribute to the member’s professional development after during the member’s off-duty periods.

562.

Modification of program to assist members of the Armed Forces in obtaining professional credentials

(a)

Scope of program

Subsection (a)(1) of section 2015 of title 10, United States Code, is amended by striking incident to the performance of their military duties.

(b)

Quality assurance of certification programs and standards

Subsection (c) of such section is amended—

(1)

in paragraph (1), by striking is accredited by an accreditation body that and all that follows and inserting meets one of the requirements specified in paragraph (2).; and

(2)

by striking paragraph (2) and inserting the following new paragraph (2):

(2)

The requirements for a credentialing program specified in this paragraph are that the credentialing program—

(A)

is accredited by a nationally-recognized third-party personnel certification program accreditor;

(B)
(i)

is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention, or advancement purposes; and

(ii)

where appropriate, is endorsed by a nationally-recognized trade association or organization representing a significant part of the industry or sector;

(C)

grants licenses that are recognized by the Federal Government or a State government; or

(D)

meets credential standards of a Federal agency.

.

563.

Access to Department of Defense installations of institutions of higher education providing certain advising and student support services

(a)

In general

Chapter 101 of title 10, United States Code, is amended by inserting after section 2012 the following new section:

2012a.

Access to Department of Defense installations: institutions of higher education providing certain advising and student support services

(a)

Access

(1)

Access To be permitted

The Secretary of Defense shall grant access to Department of Defense installations to any institution of higher education that—

(A)

has entered into a Voluntary Education Partnership Memorandum of Understanding with the Department for the purpose of providing at the installation concerned timely face-to-face student advising and related support services to members of the armed forces and other persons who are eligible for assistance under Department of Defense educational assistance programs and authorities; and

(B)

has been approved to provide such advising and support services by the educational service office of the installation concerned.

(2)

Scope of access

Access shall be granted under paragraph (1) in a nondiscriminatory manner to any institution covered by that paragraph regardless of the particular learning modality offered by that institution.

(b)

Regulations

The Secretary shall prescribe in regulations the time and place of access required pursuant to subsection (a). The regulations shall provide the following:

(1)

The opportunity for institutions of higher education to receive regular and recurring access at times and places that ensure maximum opportunity for students to obtain advising and support services described in subsection (a).

(2)

Access in a degree in proportion to the number of students enrolled by each institution of higher education.

(c)

Definitions

In this section:

(1)

The term Department of Defense educational assistance programs and authorities has the meaning given the term Department of Defense educational assistance programs and authorities covered by this section in section 2006a(c)(1) of this title.

(2)

The term institution of higher education has the meaning given that term in section 2006a(c)(2) of this title.

(3)

The term Voluntary Education Partnership Memorandum of Understanding has the meaning given that term in Department of Defense Instruction 1322.25, entitled Voluntary Education Programs, or any successor Department of Defense Instruction.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2012 the following new item:

2012a. Access to Department of Defense installations: institutions of higher education providing certain advising and student support services.

.

564.

Priority processing of applications for Transportation Worker Identification Credentials for members undergoing discharge or release from the Armed Forces

(a)

Priority processing

The Secretary of Defense shall consult with the Secretary of Homeland Security to afford a priority in the processing of applications for a Transportation Worker Identification Credential (TWIC) to applications submitted by members of the Armed Forces who are undergoing separation, discharge, or release from the Armed Forces under honorable conditions, with such priority to provide for the review and adjudication of such an application by not later than 14 days after submittal, unless an appeal or waiver applies or further application documentation is necessary. The priority shall be so afforded commencing not later than 180 days after the date of the enactment of this Act to members who undergo separation, discharge, or release from the Armed Forces after the date on which the priority so commences being afforded.

(b)

Memorandum of understanding

The Secretary of Defense and the Secretary of Homeland Security shall enter into a memorandum of understanding in connection with achieving the requirement in subsection (a).

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Homeland Security shall jointly submit to the appropriate committees of Congress a report on the implementation of the requirements of this section. The report shall set forth the following:

(1)

The memorandum of understanding required pursuant to subsection (b).

(2)

A description of the number of individuals who applied for, and the number of individuals who have been issued, a Transportation Worker Identification Credential pursuant to the memorandum of understanding as of the date of the report.

(3)

If any applications for a Transportation Worker Identification Credential covered by paragraph (2) were not reviewed and adjudicated within the deadline specified in subsection (a), a description of the reasons for the failure and of the actions being taken to assure that future applications for a Credential are reviewed and adjudicated within the deadline.

(d)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

F

Defense Dependents' Education and Military Family Readiness Matters

571.

Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees

(a)

Assistance to schools with significant numbers of military dependent students

Of the amount authorized to be appropriated for fiscal year 2017 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $25,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

(b)

Local educational agency defined

In this section, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

572.

Impact aid for children with severe disabilities

Of the amount authorized to be appropriated for fiscal year 2017 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

573.

Impact aid amendments

(a)

Eligibility for heavily impacted local educational agencies

(1)

Amendment

Subclause (I) of section 7003(b)(2)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(I)), as amended by sections 7001 and 7004(2)(B) of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 2074, 2077), is further amended to read as follows:

(I)

is a local educational agency—

(aa)

whose boundaries are the same as a Federal military installation; or

(bb)
(AA)

whose boundaries are the same as an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and

(BB)

that has no taxing authority;

.

(2)

Effective date

The amendment made by paragraph (1) shall take effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802), beginning with fiscal year 2017 and as if enacted as part of title VII of the Every Student Succeeds Act.

(b)

Special rule regarding the per-pupil expenditure requirement

(1)

References

Except as otherwise expressly provided, any reference in this subsection to a section or other provision of title VII of the Elementary and Secondary Education Act of 1965 shall be considered to be a reference to the section or other provision of such title VII as amended by the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802).

(2)

In general

Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1806) or section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), with respect to any application submitted under section 7005 of such Act (20 U.S.C. 7705) for eligibility consideration under subclause (II) or (V) of section 7003(b)(2)(B)(i) of such Act for fiscal year 2017, 2018, or 2019, the Secretary of Education shall determine that a local educational agency meets the per-pupil expenditure requirement for purposes of such subclause (II) or (V), as applicable, only if—

(A)

in the case of a local educational agency that received a basic support payment for fiscal year 2001 under section 8003(b)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)) (as such section was in effect for such fiscal year), the agency, for the year for which the application is submitted, has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of all States (whichever average per-pupil expenditure is greater), except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement; or

(B)

in the case of a local educational agency that did not receive a basic support payment for fiscal year 2015 under such section 8003(b)(2)(B), as so in effect, the agency, for the year for which the application is submitted—

(i)

has a total student enrollment of 350 or more students and a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located; or

(ii)

has a total student enrollment of less than 350 students and a per-pupil expenditure that is less than the average per-pupil expenditure of a comparable local educational agency or 3 comparable local educational agencies (whichever average per-pupil expenditure is greater), in the State in which the agency is located.

(c)

Payments for eligible federally connected children

(1)

Amendments

Section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), as amended by subsection (a) and sections 7001 and 7004 of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 2074, 2077), is further amended—

(A)

in subclause (IV) of subparagraph (B)(i)—

(i)

in the matter preceding item (aa), by inserting received a payment for fiscal year 2015 under section 8003(b)(2)(E) (as such section was in effect for such fiscal year) and before has;

(ii)

in item (aa), by striking 50 and inserting 35; and

(iii)

by striking item (bb) and inserting the following:

(bb)
(AA)

not less than 3,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or

(BB)

not less than 7,000 of such children are children described in subparagraph (D) of subsection (a)(1);

; and

(B)

in subparagraph (D)—

(i)

in clause (i)—

(I)

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

(II)

in subclause (II)—

(aa)

by inserting received a payment for fiscal year 2015 under section 8003(b)(2)(E) (as such section was in effect for such fiscal year) and after agency that;

(bb)

by striking 50 percent and inserting 35 percent;

(cc)

by striking subsection (a)(1) and not less than 5,000 and inserting the following:

subsection (a)(1) and—

(aa)

not less than 3,500

; and

(dd)

by striking subsection (a)(1). and inserting the following:

subsection (a)(1); or

(bb)

not less than 7,000 of such children are children described in subparagraph (D) of subsection (a)(1).

;

(ii)

in clause (ii), by striking shall be 1.35. and inserting the following:

shall be—

(I)

for fiscal year 2016, 1.35;

(II)

for each of fiscal years 2017 and 2018, 1.38;

(III)

for fiscal year 2019, 1.40;

(IV)

for fiscal year 2020, 1.42; and

(V)

for fiscal year 2021 and each fiscal year thereafter, 1.45.

; and

(iii)

by adding at the end the following:

(iii)

Factor for children who live off base

For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subsection (a)(1)(D) shall be—

(I)

for fiscal year 2016, .20;

(II)

for each of fiscal years 2017 and 2018, .22;

(III)

for each of fiscal years 2019 and 2020, .25; and

(IV)

for fiscal year 2021 and each fiscal year thereafter—

(aa)

.30 with respect to each of the first 7,000 children; and

(bb)

.25 with respect to the number of children that exceeds 7,000.

(iv)

Special rule

Notwithstanding clauses (ii) and (iii), for fiscal year 2020 or any succeeding fiscal year, if the number of students who are children described in subparagraphs (A) and (B) of subsection (a)(1) for a local educational agency subject to this subparagraph exceeds 7,000 for such year or the number of students who are children described in subsection (a)(1)(D) for such local educational agency exceeds 12,750 for such year, then—

(I)

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

(II)

the factor used, for such fiscal year, to determine the weighted student units under subsection (a)(2) with respect to children described in subsection (a)(1)(D) shall be .20.

.

(2)

Effective date

The amendments made by paragraph (1) shall take effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965 beginning with fiscal year 2017 and as if enacted as part of title VII of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 2074).

(3)

Special rules

(A)

Applicability for fiscal year 2016

Notwithstanding any other provision of law, in making basic support payments under section 8003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)) for fiscal year 2016, the Secretary of Education shall carry out subparagraphs (B)(i) and (E) of such section as if the amendments made to subparagraphs (B)(i)(IV) and (D) of section 7003(b)(2) of such Act (as amended and redesignated by this subsection and the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802)) had also been made to the corresponding provisions of section 8003(b)(2) of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act.

(B)

Loss of eligibility

For fiscal year 2016 or any succeeding fiscal year, if a local educational agency is eligible for a basic support payment under subclause (IV) of section 7003(b)(2)(B)(i) of the Elementary and Secondary Education Act of 1965 (as amended by this section and the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802)) or through a corresponding provision under subparagraph (A), such local educational agency shall be ineligible to apply for a payment for such fiscal year under any other subclause of such section (or, for fiscal year 2016, any other item of section 8003(b)(2)(B)(i)(II) of the Elementary and Secondary Education Act of 1965).

(C)

Payment amounts

If, before the date of enactment of this Act, a local educational agency receives 1 or more payments under section 8003(b)(2)(E) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(E)) for fiscal year 2016, the sum of which is greater than the amount the Secretary of Education determines the local educational agency is entitled to receive under such section in accordance with subparagraph (A)—

(i)

the Secretary shall allow the local educational agency to retain the larger amount; and

(ii)

such local educational agency shall not be eligible to receive any additional payment under such section for fiscal year 2016.

574.

One-year extension of authorities relating to the transition and support of military dependent students to local educational agencies

(a)

Extension

Section 547(c)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended by striking September 30, 2016 and inserting September 30, 2017.

(b)

Information To be included with future requests for extension

The budget justification materials that accompany any budget of the President for a fiscal year after fiscal year 2017 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) that includes a request for the extension of section 547(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 shall include the following:

(1)

A full accounting of the expenditure of funds pursuant to such section 547(c) during the last fiscal year ending before the date of the submittal of the budget.

(2)

An assessment of the impact of the expenditure of such funds on the quality of opportunities for elementary and secondary education made available for military dependent students.

575.

Comptroller General of the United States analysis of unsatisfactory conditions and overcrowding at public schools on military installations

(a)

In general

The Comptroller General of the United States shall conduct an analysis of the condition and capacity of public schools on military installations. The analysis shall include schools that were omitted from the July 2011 Department of Defense analysis of such schools.

(b)

Report

Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report setting forth the analysis required by subsection (a). The report shall include the following:

(1)

The Numerical Condition Index and Condition Rating of each public school on a military installation, with a ranking of such schools based on the severity of unsafe conditions and facility deficiencies.

(2)

The Percentage Over or Under Capacity and the Capacity Rating for each school.

(3)

An identification and assessment of the schools likely to become overcrowded, or face condition deficiencies, during the five-year period beginning on the date of the report, based on anticipated changes in the force structure or deteriorating conditions.

(4)

A ranking of schools nationwide based on severity of unsatisfactory conditions and on overcrowding.

(5)

Such other information as the Comptroller General considers appropriate to establish priorities for the renovation, repair, or revitalization of schools in order to address unsatisfactory conditions and overcrowding.

576.

Enhanced flexibility in provision of relocation assistance to members of the Armed Forces and their families

(a)

Geographic requirement

Paragraph (1) of subsection (c) of section 1056 of title 10, United States Code, is amended by striking the second, third, and fourth sentences and inserting the following new sentence: Such relocation assistance programs shall ensure that members of the armed forces and their families are provided relocation assistance regardless of geographic location..

(b)

Computerized information system

Such subsection is further amended—

(1)

in paragraph (2)—

(A)

by striking available through each military and inserting a; and

(B)

by striking all other military relocation assistance programs and inserting the relocation assistance programs; and

(2)

in paragraph (3)—

(A)

by striking Duties of each military relocation assistance program shall include assisting and inserting Assistance shall be provided to; and

(B)

by striking the program and inserting a relocation assistance program.

(c)

Discharge through Program Manager

Subsection (d) of such section is amended to read as follows:

(d)

Program manager

The Secretary of Defense shall establish the position of Program Manager of Military Relocation Assistance in the office of the Assistant Secretary of Defense for Manpower and Reserve Affairs. The Program Manager shall oversee the development and implementation of relocation assistance under this section.

.

577.

Reporting on allegations of child abuse in military families and homes

(a)

Reports to Family Advocacy Program offices

(1)

In general

The following information shall be reported immediately to the Family Advocacy Program office at the military installation to which the member of the Armed Forces concerned is assigned:

(A)

Credible information (which may include a reasonable belief), obtained by any individual within the chain of command of the member, that a child in the family or home of the member has suffered an incident of child abuse.

(B)

Information, learned by a member of the Armed Forces engaged in a profession or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) for members of the Armed Forces and their dependents, that gives reason to suspect that a child in the family or home of the member has suffered an incident of child abuse.

(2)

Regulations

The Secretary of Defense and the Secretary of Homeland Security (with respect to the Navy when it is not operating as a service in the Navy) shall jointly prescribe regulations to carry out this subsection.

(3)

Child abuse defined

In this subsection, the term child abuse has the meaning given that term in subsection (c) of section 226 of the Victims of Child Abuse Act of 1990.

(b)

Reports to State child welfare services

Section 226 of the Victims of Child Abuse Act of 1990 (title II of Public Law 101–647; 104 Stat. 4806; 42 U.S.C. 13031) is amended—

(1)

in subsection (a), by inserting and to the agency or agencies provided for in subsection (e), if applicable before the period;

(2)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(3)

by inserting after subsection (d) the following new subsection (e):

(e)

Reporters and recipient of report involving children and homes of members of the Armed Forces

(1)

Recipients of reports

In the case of an incident described in subsection (a) involving a child in the family or home of member of the Armed Forces (regardless of whether the incident occurred on or off a military installation), the report required by subsection (a) shall be made to the appropriate child welfare services agency or agencies of the State in which the child resides. The Attorney General, the Secretary of Defense, and the Secretary of Homeland Security (with respect to the Navy when it is not operating as a service in the Navy) shall jointly, in consultation with the chief executive officers of the States, designate the child welfare service agencies of the States that are appropriate recipients of reports pursuant to this subsection. Any report on an incident pursuant to this subsection is in addition to any other report on the incident pursuant to this section.

(2)

Makers of reports

For purposes of the making of reports under this section pursuant to this subsection, the persons engaged in professions and activities described in subsection (b) shall include members of the Armed Forces who are engaged in such professions and activities for members of the Armed Forces and their dependents.

.

578.

Background checks for employees of agencies and schools providing elementary and secondary education for Department of Defense dependents

(a)

Background checks

Commencing not later than two years after the date of the enactment of this Act, each covered local educational agency and each Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, shall have in effect policies and procedures that—

(1)

require that a criminal background check be conducted for each school employee of the agency or school, respectively, that includes—

(A)

a search of the State criminal registry or repository of the State in which the school employee resides;

(B)

a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides;

(C)

a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and

(D)

a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919);

(2)

prohibit the employment of a school employee as a school employee at the agency or school, respectively, if such employee—

(A)

refuses to consent to a criminal background check under paragraph (1);

(B)

makes a false statement in connection with such criminal background check;

(C)

has been convicted of a felony consisting of—

(i)

murder;

(ii)

child abuse or neglect;

(iii)

a crime against children, including child pornography;

(iv)

spousal abuse;

(v)

a crime involving rape or sexual assault;

(vi)

kidnapping;

(vii)

arson; or

(viii)

physical assault, battery, or a drug-related offense, committed on or after the date that is five years before the date of such employee's criminal background check under paragraph (1); or

(D)

has been convicted of any other crime that is a violent or sexual crime against a minor;

(3)

require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with policies established by the covered local educational agency or the Department of Defense (in the case of a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code);

(4)

upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check;

(5)

provide for a timely process, by which a school employee of the school or agency may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to—

(A)

challenge the accuracy or completeness of the information produced by such criminal background check; and

(B)

establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; and

(6)

allow the covered local educational agency or school, as the case may be, to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee.

(b)

Fees for background checks

The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1), but such fees shall not exceed the actual costs for the processing and administration of the criminal background check.

(c)

Definitions

In this section:

(1)

Covered local educational agency

The term covered local educational agency means a local educational agency that receives funds—

(A)

under subsection (b) or (d) of section 8003, or section 8007, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703, 7707), as such sections are in effect before the effective date for title VII of the Every Student Succeeds Act (Public Law 114–95); or

(B)

under subsection (b) or (d) of section 7003, or section 7007, of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703, 7707), beginning on the effective date of such title VII.

(2)

School employee

The term school employee means—

(A)

a person who—

(i)

is an employee of, or is seeking employment with—

(I)

a covered local educational agency; or

(II)

a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code, such elementary and secondary school; and

(ii)

as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or

(B)
(i)

any person, or an employee of any person, who has a contract or agreement to provide services to a covered local educational agency or a Department of Defense domestic dependent elementary and secondary school established pursuant to section 2164 of title 10, United States Code; and

(ii)

such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

579.

Support for programs providing camp experience for children of military families

(a)

In general

The Secretary of Defense may provide financial or non-monetary support to qualified nonprofit organizations in order to assist such organizations in carrying out programs to support the attendance at a camp or camp-like setting of children of military families.

(b)

Reports to DoD

Each organization that receives support from the Secretary pursuant to subsection (a) shall submit to the Secretary a report on the use of such support containing such information as the Secretary considers appropriate.

580.

Comptroller General of the United States report on Exceptional Family Member Programs

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of each Exceptional Family Member Program (EFMP) of the Armed Forces.

(b)

Elements

The report under subsection (a) shall include the following:

(1)

A description of the differences between the Exceptional Family Member Programs of the Armed Forces.

(2)

A description and assessment of the manner in which Exceptional Family Member Programs are implemented on joint bases and installations.

(3)

An assessment whether all children of members of each Armed Forces are screened for potential coverage under the Exceptional Family Member Program.

(4)

An assessment of the degree to which conditions of children of members of the Armed Forces who qualify for coverage under an Exceptional Family Member Program are taken into account in making assignments of military personnel.

(5)

An assessment of the degree to which medical and educational services are available to address the conditions identified by the screening described in (3) in children of members of the Armed Forces who qualify for coverage under an Exceptional Family Member Program.

(6)

An assessment whether the Department of Defense has implemented specific directives for providing family support and enhanced case management services, such as special needs navigators, to families with special needs children.

(7)

An assessment whether the Department has conducted periodic reviews of best practices in the United States for the provision of medical and educational services to children with special needs.

(8)

An assessment whether the Department has established an advisory panel on community support for military families with special needs.

(9)

An assessment of the uniform policy for the Department regarding families with special needs required by section 1781c(e) of title 10, United States Code.

(10)

An assessment of the implementation of the uniform policy described in paragraph (9).

(11)

An assessment of the implementation by each Armed Force of the recommendations in the Government Accountability Report entitled Military Dependent Students, Better Oversight Needed to Improve Services for Children with Special Needs (GAO–12–680).

581.

Repeal of Advisory Council on Dependents’ Education

Section 1411 of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 929) is repealed.

G

Decorations and Awards

586.

Authorization for award of the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Charles S. Kettles for the acts of valor during the Vietnam War described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Charles S. Kettles during combat operations on May 15, 1967, while serving as Flight Commander, 176th Aviation Company, 14th Aviation Battalion, Task Force Oregon, Republic of Vietnam, for which he was previously awarded the Distinguished Service Cross.

587.

Authorization for award of the Medal of Honor to Gary M. Rose for acts of valor during the Vietnam War

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor under section 3741 of such title to Gary M. Rose for the acts of valor described in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Gary M. Rose in Laos from September 11 through 14, 1970, during the Vietnam War while a member of the United States Army, Military Assistance Command Vietnam-Studies and Observation Group (MACVSOG).

588.

Authorization for award of the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis Lafleur for acts of valor during World War II

(a)

Authorization

Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished Service Cross under section 3742 of that title to Chaplain (First Lieutenant) Joseph Verbis LaFleur for the acts of valor referred to in subsection (b).

(b)

Acts of valor described

The acts of valor referred to in subsection (a) are the actions of Chaplain (First Lieutenant) Joseph Verbis LaFleur while interned as a Prisoner of War by Japan from December 30, 1941, to September 7, 1944.

589.

Posthumous advancement of Colonel George E. Bud Day, United States Air Force, on the retired list

(a)

Advancement

Colonel George E. Bud Day, United States Air Force (retired), is entitled to hold the rank of brigadier general while on the retired list of the Air Force.

(b)

Additional benefits not To accrue

The advancement of George E. Bud Day on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which George E. Bud Day would have been entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service.

H

Miscellaneous Reports and Other Matters

591.

Applicability of Military Selective Service Act to female citizens and persons

Section 3 of the Military Selective Service Act (50 U.S.C. 3802) is amended—

(1)

by redesignating subsection (b) as subsection (c); and

(2)

by inserting after subsection (a) the following new subsection (b):

(b)
(1)

The duty to register imposed on male citizens and persons residing in the United States by subsection (a) shall apply to female citizens of the United States and female persons residing in the United States who attain the age of 18 years on or after January 1, 2018.

(2)

The responsibilities and rights of female registrants under this Act shall be the responsibilities and rights of male registrants under this Act, and shall be subject to such terms, conditions, and limitations as are applicable under the provisions of this Act to similarly situated male registrants.

(3)

Any reference in this Act to a registrant or other person subject to the duties, responsibilities, and rights of a registrant under this Act shall be deemed to refer to female citizens of the United States and female persons residing in the United States registering pursuant to this subsection.

.

592.

Senior Military Acquisition Advisors in the Defense Acquisition Corps

(a)

Positions

(1)

In general

Subchapter II of chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:

1725.

Senior Military Acquisition Advisors

(a)

Position

(1)

In general

The Secretary of Defense may establish in the Defense Acquisition Corps positions to be known as Senior Military Acquisition Advisor.

(2)

Appointment

A Senior Military Acquisition Advisor shall be appointed by the President, by and with the advice and consent of the Senate.

(3)

Scope of position

An officer who is appointed as a Senior Military Acquisition Advisor—

(A)

shall serve as an advisor to, and provide senior level acquisition expertise to, the Service Acquisition Executive of that officer’s military department in accordance with this section; and

(B)

shall be assigned as an adjunct professor at the Defense Acquisition University.

(b)

Continuation on active duty

An officer who is appointed as a Senior Military Acquisition Advisor may continue on active duty while serving in such position without regard to any mandatory retirement date that would otherwise be applicable to that officer by reason of years of service or age. An officer who is continued on active duty pursuant to this section is not eligible for consideration for selection for promotion.

(c)

Retired grade

Upon retirement, an officer who is a Senior Military Acquisition Advisor may, in the discretion of the President, be retired in the grade of brigadier general or rear admiral (lower half) if—

(1)

the officer has served as a Senior Military Acquisition Advisor for a period of not less than three years; and

(2)

the officer’s service as a Senior Military Acquisition Advisor has been distinguished.

(d)

Selection and tenure

(1)

In general

Selection of an officer for recommendation for appointment as a Senior Military Acquisition Advisor shall be made competitively, and shall be based upon demonstrated experience and expertise in acquisition.

(2)

Officers eligible

Officers shall be selected for recommendation for appointment as Senior Military Acquisition Advisors from among officers of the Defense Acquisition Corps who are serving in the grade of colonel or, in the case of the Navy, captain, and who have at least 12 years of acquisition experience. An officer selected for recommendation for appointment as a Senior Military Acquisition Advisor shall have at least 30 years of active commissioned service at the time of appointment.

(3)

Term

The appointment of an officer as a Senior Military Acquisition Advisor shall be for a term of not longer than five years.

(e)

Limitation

(1)

Limitation on number and distribution

There may not be more than 15 Senior Military Acquisition Advisors at any time, of whom—

(A)

not more than five may be officers of the Army;

(B)

not more than five may be officers of the Navy and Marine Corps; and

(C)

not more than five may be officers of the Air Force.

(2)

Number in each military department

Subject to paragraph (1), the number of Senior Military Acquisition Advisors for each military department shall be as required and identified by the Service Acquisition Executive of such military department and approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

(f)

Advice to Service Acquisition Executive

An officer who is a Senior Military Acquisition Advisor shall have as the officer’s primary duty providing strategic, technical, and programmatic advice to the Service Acquisition Executive of the officer’s military department on matters pertaining to the Defense Acquisition System, including matters pertaining to procurement, research and development, advanced technology, test and evaluation, production, program management, systems engineering, and lifecycle logistics.

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter II of chapter 87 of such title is amended by adding at the end the following new item:

1725. Senior Military Acquisition Advisors.

.

(b)

Exclusion from officer grade-strength limitations

Section 523(b) of such title is amended by adding at the end the following new paragraph:

(9)

Officers who are Senior Military Acquisition Advisors under section 1725 of this title, but not to exceed 15.

.

593.

Annual reports on progress of the Army and the Marine Corps in integrating women into military occupational specialities and units recently opened to women

(a)

Reports required

Not later than April 1, 2017, and each year thereafter through 2021, the Chief of Staff of the Army and the Commandant of the Marine Corps shall each submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the current status of the implementation by the Army and the Marine Corps, respectively, of the policy of Secretary of Defense dated March 9, 2016, to open to women military occupational specialties and units previously closed to women.

(b)

Elements

Each report shall include, current as of the date of such report and for the Armed Force covered by such report, the following:

(1)

The status of gender-neutral standards throughout the Entry Level Training continuum.

(2)

The propensity of applicants to apply for and access into newly-opened ground combat programs, by gender and program.

(3)

Success rates in Initial Screening Tests and Military Occupational Speciality (MOS) Classification Standards for newly-opened ground combat military occupational specialties, by gender.

(4)

Attrition rates and causes of attrition throughout the Entry Level Training continuum, by gender and military occupational specialty.

(5)

Reclassification rates and causes of reclassification throughout the Entry Level Training continuum, by gender and military occupational specialty.

(6)

Injury rates and causes of injury throughout the Entry Level Training continuum, by gender and military occupational specialty.

(7)

Injury rates and nondeployability rates in newly-opened ground combat military occupational specialties, by gender and military occupational specialty.

(8)

A comparative analysis of injury rates, causes of injury, and nondeployability rates under paragraphs (6) and (7) with injury rates, causes of injury, and nondeployability rates in similar military occupational specialties of allied countries, including Australia, Canada, Israel, and the United Kingdom, and a comparative analysis of the mitigation factors used by the United States with respect to such injury and nondeployability and the mitigation factors used by such countries with respect to such injury and nondeployability.

(9)

Lateral move approval rates into newly-opened military occupational specialties, by gender and military occupational specialty.

(10)

Reenlistment and retention rates in newly-opened ground combat military occupational specialties, by gender and military occupational specialty.

(11)

Promotion rates in newly-opened ground combat military occupational specialties, by grade and gender.

(12)

Actions taken to address matters relating to equipment sizing and supply, and facilities, in connection with the implementation by such Armed Force of the policy referred to in paragraph (1).

(c)

Applicability to SOCOM

In addition to the reports required by subsection (a), the Commander of the United States Special Operations Command shall submit to the Committees on Armed Services of the Senate and the House of Representatives, on the dates provided for in subsection (a), a report on the current status of the implementation by the United States Special Operations Command of the policy of Secretary of Defense referred to in subsection (a). Each report shall include the matters specified in subsection (b) with respect to the United States Special Operations Command.

594.

Report on career progression tracks of the Armed Forces for women in combat arms units

Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth a description, for each Armed Force, of the following:

(1)

The career progression track for entry level women as officers in combat arms units of such Armed Force.

(2)

The career progression track for laterally transferred women as officers in combat arms units of such Armed Force.

(3)

The career progression track for entry level women as enlisted members in combat arms units of such Armed Force.

(4)

The career progression track for laterally transferred women as enlisted members in combat arms units of such Armed Force.

595.

Repeal of requirement for a chaplain at the United States Air Force Academy appointed by the President

(a)

Repeal

Section 9337 of title 10, United States Code, is repealed.

(b)

Clerical amendment

The table of sections at the beginning of chapter 903 of such title is amended by striking the item related to section 9337.

596.

Extension of limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies

Section 1559(a) of title 10, United States Code, is amended by striking December 31, 2016 and inserting December 31, 2019.

597.

Report on discharge by warrant officers of pilot and other flight officer positions in the Navy, Marine, Corps, and Air Force currently discharged by commissioned officers

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall each submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of the discharge by warrant officers of pilot and other flight officer positions in the Armed Forces under the jurisdiction of such Secretary that are currently discharged by commissioned officers.

(b)

Elements

Each report under subsection (a) shall set forth, for each Armed Force covered by such report, the following:

(1)

An assessment of the feasibility and advisability of the discharge by warrant officers of pilot and other flight officer positions that are currently discharged by commissioned officers.

(2)

An identification of each such position, if any, for which the discharge by warrant officers is assessed to be feasible and advisable.

VI

Compensation and Other Personnel Benefits

A

Pay and Allowances

601.

Fiscal year 2017 increase in military basic pay

(a)

Waiver of section 1009 adjustment

The adjustment to become effective during fiscal year 2017 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b)

Increase in basic pay

Effective on January 1, 2017, the rates of monthly basic pay for members of the uniformed services are increased by 1.6 percent.

602.

Publication by Department of Defense of actual rates of basic pay payable to members of the Armed Forces by pay grade for annual or other pay periods

Any pay table published or otherwise issued by the Department of Defense to indicate the rates of basic pay of the Armed Forces in effect for members of the Armed Forces for a calendar year or other period shall state the rate of basic pay to be received by members in each pay grade for such year or period as specified or otherwise provided by applicable law, including any rate to be so received pursuant during such year or period by the operation of a ceiling under section 203(a)(2) of title 37, United States Code, or a similar provision in an annual defense authorization Act.

603.

Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2016 and inserting December 31, 2017.

604.

Reform of basic allowance for housing

(a)

Reform

(1)

In general

Chapter 7 of title 37, United States Code, is amended by inserting after section 403 the following new section:

403a.

Basic allowance for housing: members first entitled after January 1, 2018; members entitled before January 1, 2018, with interruption in eligibility after that date

(a)

General entitlement

Except as otherwise provided by law, a member of the uniformed services covered by this section who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rate prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The maximum amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes and the geographic location of the member. The basic allowance for housing may be paid in advance.

(b)

Basic allowance for housing inside the United States

(1)

In general

The monthly rate of basic allowance for housing payable under this section to a member of the uniformed services covered by this section who is assigned to duty in the United States shall be the rate prescribed by the Secretary of Defense for purposes of this section.

(2)

Elements

Subject to the provisions of this subsection, the rates of basic allowance for housing payable under this subsection shall meet the following requirements:

(A)

A maximum amount of the allowance shall be established for each military housing area, based on the costs of adequate housing in such area, for each pay grade.

(B)

The amount of the allowance payable to a member may not exceed the lesser of—

(i)

the actual monthly cost of housing of the member; or

(ii)

the maximum amount determined under subparagraph (A) for members in the member's pay grade.

(C)

In the event two or more members occupy the same housing, the amount of the allowance payable to such a member may not exceed—

(i)

the amount of the allowance otherwise payable to such member pursuant to subparagraph (B); divided by

(ii)

the total number of members occupying such housing.

(D)

So long as a member on retains uninterrupted eligibility to receive the allowance and the actual monthly cost of housing for the member is not reduced, the monthly amount of the allowance may not be reduced as a result of changes in housing costs in the area or the promotion of the member.

(3)

Certain rental matters

(A)

Lump sum payment for deposits and advance rent

In the case of a member authorized payment of an allowance under this subsection, the Secretary concerned may make a lump-sum payment to the member for required deposits and advance rent, and for expenses relating thereto, that are—

(i)

incurred by the member in occupying private housing; and

(ii)

authorized or approved under regulations prescribed by the Secretary concerned.

(B)

Recoupment

The Secretary concerned shall recoup the full amount of any deposit or advance rent payments made by the Secretary under subparagraph (A).

(c)

Basic allowance for housing outside the United States

(1)

In general

The monthly rate of basic allowance for housing payable under this section to a member of the uniformed services covered by this section who is assigned to duty outside in the United States shall be the rate prescribed by the Secretary of Defense for purposes of this section.

(2)

Elements

Subject to the provisions of this subsection, the rates of basic allowance for housing payable under this subsection shall meet the following requirements:

(A)

The rates shall be based on the housing costs in the overseas area in which the member is assigned and shall be determined in the manner specified in subparagraphs (A) and (B) of subsection (b)(2).

(B)

In the event two or more members occupy the same housing, the amount of the allowance payable to such a member may not exceed—

(i)

the amount of the allowance otherwise payable to such member pursuant to subparagraph (A); divided by

(ii)

the total number of members occupying such housing.

(C)

So long as a member retains uninterrupted eligibility to receive the allowance in an overseas area and the actual monthly cost of housing for the member is not reduced, the monthly amount of the allowance in the area may not be reduced as a result of changes in housing costs in the area or the promotion of the member. The monthly amount of the allowance may be adjusted to reflect changes in currency rates.

(3)

Rental matters

(A)

Lump sum payments for deposit and advance rent

In the case of a member authorized payment of an allowance under this subsection, the Secretary concerned may make a lump-sum payment to the member for required deposits and advance rent, and for expenses relating thereto, that are—

(i)

incurred by the member in occupying private housing outside of the United States; and

(ii)

authorized or approved under regulations prescribed by the Secretary concerned.

(B)

Currency fluctuation losses as allowance expenses

Expenses for which a member may be reimbursed under this paragraph may include losses relating to housing that are sustained by the member as a result of fluctuations in the relative value of the currencies of the United States and the foreign country in which the housing is located.

(C)

Recoupment

The Secretary concerned shall recoup the full amount of any deposit or advance rent payments made by the Secretary under subparagraph (A), including any gain resulting from currency fluctuations between the time of payment and the time of recoupment.

(d)

Reserve and retired members

(1)

In general

A member of a reserve component described in paragraph (2) is entitled to a basic allowance for housing determined in accordance with this section during the time the member is on active duty as described in that paragraph.

(2)

Covered members

A member of a reserve component described in this paragraph is a member as follows:

(A)

A member of a reserve component of the uniformed services covered by this section without dependents who is called or ordered to active duty to attend accession training, in support of a contingency operation, or for a period of more than 30 days.

(B)

A retired member of the uniformed services covered by this section without dependents who is ordered to active duty under section 688(a) of title 10 in support of a contingency operation or for a period of more than 30 days.

(e)

Basic allowance for housing when dependents do not accompany member

(1)

In general

A member of the uniformed services covered by this section with dependents who is on permanent duty at a location described in paragraph (2) may be paid a family separation basic allowance for housing under this subsection at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to that location, for members in the same grade at that location without dependents.

(2)

Duty locations

A permanent duty location described in this paragraph is a location—

(A)

to which the movement of the member's dependents is not authorized at the expense of the United States under section 476 of this title, and the member's dependents do not reside at or near the location; and

(B)

at which quarters of the United States are not available for assignment to the member.

(3)

Member assigned to different location than dependents residence

If a member with dependents is assigned to duty in an area that is different from the area in which the member's dependents reside, the member is entitled to a basic allowance for housing as provided in subsection (b) or (c), whichever applies to the member, subject to the following:

(A)

If the member's assignment to duty in that area, or the circumstances of that assignment, require the member's dependents to reside in a different area, as determined by the Secretary concerned, the amount of the basic allowance for housing for the member shall be based on the area in which the dependents reside or the member's last duty station, whichever the Secretary concerned determines to be most equitable.

(B)

If the member's assignment to duty in that area is under the conditions of a low-cost or no-cost permanent change of station or permanent change of assignment, the amount of the basic allowance for housing for the member shall be based on the member's last duty station if the Secretary concerned determines that it would be inequitable to base the allowance on the cost of housing in the area to which the member is reassigned.

(C)

If the member is reassigned for a permanent change of station or permanent change of assignment from a duty station in the United States to another duty station in the United States for a period of not more than one year for the purpose of participating in professional military education or training classes, the amount of the basic allowance for housing for the member may be based on whichever of the following areas the Secretary concerned determines will provide the more equitable basis for the allowance:

(i)

The area of the duty station to which the member is reassigned.

(ii)

The area in which the dependents reside, but only if the dependents reside in that area when the member departs for the duty station to which the member is reassigned and only for the period during which the dependents reside in that area.

(iii)

The area of the former duty station of the member, if different than the area in which the dependents reside.

(4)

Construction with other allowances

A family separation basic allowance for housing paid to a member under this subsection is in addition to any other allowance or per diem that the member receives under this title. A member may receive a basic allowance for housing under both paragraphs (1) and (3).

(f)

Effect of assignment to quarters

Except as otherwise provided by law, a member of the uniformed services covered by this section who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service appropriate to the grade, rank, or rating of the member and adequate for the member and dependents of the member, if with dependents, is not entitled to a basic allowance for housing.

(g)

Ineligibility during initial field duty or sea duty

(1)

Initial field duty

A member of the uniformed services covered by this section without dependents who makes a permanent change of station for assignment to a unit conducting field operations is not entitled to a basic allowance for housing while on that initial field duty unless the commanding officer of the member certifies that the member was necessarily required to procure quarters at the member's expense.

(2)

Sea duty

A member of the uniformed services covered by this section without dependents who is in a pay grade below pay grade E–6 is not entitled to a basic allowance for housing while the member is on sea duty.

(3)

Definitions

The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, shall prescribe regulations defining the terms field duty and sea duty for purposes of this subsection.

(h)

Temporary housing allowance while in travel or leave status

A member of the uniformed services covered by this section is entitled to a temporary basic allowance for housing (at a rate determined by the Secretary of Defense) while the member is in a travel or leave status between permanent duty stations, including time granted as delay en route or proceed time, when the member is not assigned to quarters of the United States.

(i)

Temporary continuation of allowance for dependents of members dying on active duty

(1)

Occupation without charge following death

The Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when not operating as a service in the Navy, may allow the dependents of a member of the armed forces covered by this section who dies on active duty and whose dependents are occupying family housing provided by the Department of Defense, or by the Department of Homeland Security in the case of the Coast Guard, other than on a rental basis, on the date of the member's death to continue to occupy such housing without charge for a period of 365 days.

(2)

Allowance

The Secretary concerned may pay a basic allowance for housing (at the rate otherwise payable to the deceased member on the date of death) to the dependents of a member of the uniformed services covered by this section who dies while on active duty and whose dependents—

(A)

are not occupying a housing facility under the jurisdiction of a uniformed service on the date of death;

(B)

are occupying such housing on a rental basis on such date; or

(C)

vacate such housing sooner than 365 days after the date of death.

(3)

Termination of allowance

The payment of the allowance under paragraph (2) shall terminate 365 days after the date of death of the member concerned.

(j)

Members paying child support

A member of the uniformed services covered by this section with dependents may not be paid a basic allowance for housing at the with dependents rate solely by reason of the payment of child support by the member if—

(1)

the member is assigned to a housing facility under the jurisdiction of a uniformed service; or

(2)

the member is assigned to sea duty, and elects not to occupy assigned quarters for unaccompanied personnel, unless the member is in a pay grade above pay grade E–3.

(k)

Treatment of low-cost and no-cost moves as not being reassignments

In the case of a member of the uniformed services covered by this section who is assigned to duty at a location or under circumstances that make it necessary for the member to be reassigned under the conditions of low-cost or no-cost permanent change of station or permanent change of assignment, the member may be treated for the purposes of this section as if the member were not reassigned if the Secretary concerned determines that it would be inequitable to base the member's entitlement to, and amount of, a basic allowance for housing on the cost of housing in the area to which the member is reassigned.

(l)

Administration

This section shall be administering in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section.

(m)

Member covered by this section defined

In this section, the term member covered by this section, with respect to a member of the uniformed services, a member or retired member of the armed forces, or a member of a reserve component of the armed forces, as applicable, means the following:

(1)

A member who first becomes entitled to basic pay on or after January 1, 2018.

(2)

In the case of a member of a reserve component or retired member described in subsection (d), a member who is not entitled to basic allowance for housing as of December 31, 2017, and who becomes entitled to basic allowance for housing after that date pursuant to active duty described in that subsection.

(3)

A member who—

(A)

is entitled to basic allowance for housing under section 403 of this title as of December 31, 2017, within a particular housing or overseas area; and

(B)

after that date, loses uninterrupted eligibility to receive a basic allowance for housing within an area of the United States or an area outside the United States, as applicable.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 403 the following new item:

403a. Basic allowance for housing: members first entitled after January 1, 2018; members entitled before January 1, 2018, with interruption in eligibility after that date.

.

(b)

Conforming amendment

Section 403 of title 37, United States Code, is amended by adding at the end the following new subsection:

(p)

This section does not apply to members of the uniformed services who are covered by section 403a of this title. In general, such coverage begins on and after January 1, 2018. For provisions applicable to the payment of basic allowance for housing for members of the uniformed services covered by that section after that date, see section 403a of this title.

.

(c)

Submittal of proposed regulations to Congress

Not later than March 31, 2017, the Secretary of Defense shall submit to the congressional defense committees the regulations the Secretary purposes to prescribe under subsection (l) of section 403a of title 37, United States Code (as added by subsection (a)), to administer basic allowances for housing pursuant to that section.

605.

Repeal of obsolete authority for combat-related injury rehabilitation pay

(a)

Repeal

Section 328 of title 37, United States Code, is repealed.

(b)

Clerical amendment

The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 328.

B

Bonuses and Special and Incentive Pays

611.

One-year extension of certain bonus and special pay authorities for reserve forces

The following sections of title 37, United States Code, are amended by striking December 31, 2016 and inserting December 31, 2017:

(1)

Section 308b(g), relating to Selected Reserve reenlistment bonus.

(2)

Section 308c(i), relating to Selected Reserve affiliation or enlistment bonus.

(3)

Section 308d(c), relating to special pay for enlisted members assigned to certain high-priority units.

(4)

Section 308g(f)(2), relating to Ready Reserve enlistment bonus for persons without prior service.

(5)

Section 308h(e), relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service.

(6)

Section 308i(f), relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service.

(7)

Section 478a(e), relating to reimbursement of travel expenses for inactive-duty training outside of normal commuting distance.

(8)

Section 910(g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.

612.

One-year extension of certain bonus and special pay authorities for health care professionals

(a)

Title 10 authorities

The following sections of title 10, United States Code, are amended by striking December 31, 2016 and inserting December 31, 2017:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(b)

Title 37 authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2016 and inserting December 31, 2017:

(1)

Section 302c–1(f), relating to accession and retention bonuses for psychologists.

(2)

Section 302d(a)(1), relating to accession bonus for registered nurses.

(3)

Section 302e(a)(1), relating to incentive special pay for nurse anesthetists.

(4)

Section 302g(e), relating to special pay for Selected Reserve health professionals in critically short wartime specialties.

(5)

Section 302h(a)(1), relating to accession bonus for dental officers.

(6)

Section 302j(a), relating to accession bonus for pharmacy officers.

(7)

Section 302k(f), relating to accession bonus for medical officers in critically short wartime specialties.

(8)

Section 302l(g), relating to accession bonus for dental specialist officers in critically short wartime specialties.

613.

One-year extension of special pay and bonus authorities for nuclear officers

The following sections of title 37, United States Code, are amended by striking December 31, 2016 and inserting December 31, 2017:

(1)

Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service.

(2)

Section 312b(c), relating to nuclear career accession bonus.

(3)

Section 312c(d), relating to nuclear career annual incentive bonus.

614.

One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2016 and inserting December 31, 2017:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 333(i), relating to special bonus and incentive pay authorities for nuclear officers.

(4)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(5)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(6)

Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps.

(7)

Section 351(h), relating to hazardous duty pay.

(8)

Section 352(g), relating to assignment pay or special duty pay.

(9)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(10)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

615.

One-year extension of authorities relating to payment of other title 37 bonuses and special pays

The following sections of title 37, United States Code, are amended by striking December 31, 2016 and inserting December 31, 2017:

(1)

Section 301b(a), relating to aviation officer retention bonus.

(2)

Section 307a(g), relating to assignment incentive pay.

(3)

Section 308(g), relating to reenlistment bonus for active members.

(4)

Section 309(e), relating to enlistment bonus.

(5)

Section 316a(g), relating to incentive pay for members of precommissioning programs pursuing foreign language proficiency.

(6)

Section 324(g), relating to accession bonus for new officers in critical skills.

(7)

Section 326(g), relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage.

(8)

Section 327(h), relating to incentive bonus for transfer between Armed Forces.

(9)

Section 330(f), relating to accession bonus for officer candidates.

616.

Conforming amendment to consolidation of special pay, incentive pay, and bonus authorities

Section 332(c)(1)(B) of title 37, United States Code, is amended by striking “$12,000” and inserting “$20,000”.

C

Travel and Transportation Allowances

621.

Maximum reimbursement amount for travel expenses of Reserves to attend inactive duty training outside or normal commuting distances

Section 478a(c) of title 37, United States Code, is amended—

(1)

by striking The amount and inserting the following:

(1)

In general

Except as provided in paragraph (2), the amount

; and

(2)

by adding at the end the following new paragraph:

(2)

Higher reimbursement amount authorized

The Secretary concerned may authorize, on a case-by-case basis, a higher reimbursement amount for a member under subsection (a) when the member—

(A)

resides—

(i)

in the same State as the inactive duty training location; and

(ii)

outside of an urbanized area with a population of 50,000 or more, as determined by the Bureau of the Census; and

(B)

is required to commute to the inactive duty training location—

(i)

using an aircraft or boat on account of limited or nonexistent vehicular routes to the training location or other geographical challenges; or

(ii)

from a permanent residence located more than 75 miles from the training location.

.

622.

Period for relocation of spouses and dependents of certain members of the Armed Forces undergoing a permanent change of station

(a)

Period of relocation

(1)

In general

Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784a the following new section:

1784b.

Relocation of spouses and dependents in connection with the permanent change of station of certain members

(a)

Election of timing of relocation of spouses in connection with PCS

(1)

In general

Subject to paragraph (2) and subsection (c), a member of the armed forces undergoing a permanent change of station and the member's spouse may jointly elect that the spouse may relocate to the location to which the member will relocate in connection with the permanent change of station at such time during the covered relocation period as the member and spouse jointly select.

(2)

Members and spouses eligible to make elections

A member and spouse may make an election pursuant to paragraph (1) as follows:

(A)

If the spouse either—

(i)

is gainfully employed at the beginning of the covered relocation period concerned; or

(ii)

is enrolled in a degree, certificate, or license granting program at the beginning of the covered relocation period.

(B)

If the member and spouse have one or more dependents at the beginning of the covered relocation period concerned, either—

(i)

at least one dependent is a child in elementary or secondary school at the beginning of the covered relocation period;

(ii)

the spouse or at least one such dependent are covered by the Exceptional Family Member Program at the beginning of the covered relocation period; or

(iii)

the member and spouse are caring at the beginning of the covered relocation period for an immediate family member with a chronic or long-term illness, as determined pursuant to the regulations applicable to the member's armed force pursuant to subsection (g).

(C)

If the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement specified in the regulations applicable to the member's armed force pursuant to subsection (h).

(D)

If the member, spouse, or both, meet such other qualification or qualifications as are specified in the regulations applicable to the member's armed force pursuant to subsection (g).

(E)

In the case of a member and spouse who do not otherwise meet any qualification in subparagraphs (A) through (D), if the commander of the member at the beginning of the covered relocation period determines that eligibility to make the election is in the interests of the member and spouse for family stability during the covered relocation period and in the interests of the armed force concerned. Any such determination shall be made on a case-by-case basis.

(b)

Election of timing of relocation of certain dependents of unmarried members in connection with PCS

(1)

In general

Subject to subsection (c), a member of the armed forces undergoing a permanent change of station who has one or more dependents described in paragraph (2) and is no longer married to the individual who is or was the parent (including parent by adoption) of such dependents at the beginning of the covered period of relocation may elect that such dependents may relocate to the location to which the member will relocate in connection with the permanent change of station at such time during the covered relocation period as elected as follows:

(A)

By the member alone if such individual is dead or has no custodial rights in such dependents at the beginning of such period.

(B)

By the member and such individual jointly in all other circumstances.

(2)

Dependents

The dependents described in this paragraph are as follows:

(A)

Dependents over the age of 19 years for whom the member has power of attorney regarding residence.

(B)

Dependents under the age of 20 years who will reside with a caregiver according to the Family Care Plan of the member during the covered period of relocation until relocated pursuant to an election under this subsection.

(c)

Limitation on number of elections

The aggregate number of elections made by a member under subsections (a) and (b) may not exceed three elections.

(d)

Housing

(1)
(A)

If the spouse of a member relocates before the member in accordance with an election pursuant to subsection (a), the member shall be assigned to quarters or other housing facilities of the United States as a bachelor, if such quarters are available, until the date of the member's permanent change of station.

(B)

The quarters or housing facilities to which a member is assigned pursuant to subparagraph (A) shall, to the extent practicable, be quarters or housing facilities that do not impose or collect a lease fee on the member for occupancy.

(C)

If quarters or housing facilities that do not impose or collect a lease fee for occupancy are not available for a particular member, the quarters or housing facilities to which the member is assigned shall be quarters or housing facilities that impose or collect the lowest reasonable lease fee for occupancy that can be obtained for the member by the Secretary concerned for purposes of this subparagraph.

(2)

If a spouse and any dependents of a member covered by an election under this section reside in housing of the United States at the beginning of the covered period of relocation, the spouse and dependents may continue to reside in such housing throughout the covered period of relocation, regardless of the date of the member's permanent change of station.

(3)

If a spouse and any dependents of a member covered by an election under this section are eligible to reside in housing of the United States following the member's permanent change of station, the spouse and dependents may commence residing in such housing at any time during the covered relocation period, regardless of the date of the member's permanent change of station.

(e)

Transportation of property

(1)

Transportation allowances authorized for the transportation of the personal property of a member and spouse making an election under subsection (a) may be allocated either to the relocation of the member or the relocation of the family, as the member and spouse shall elect.

(2)

In this subsection, the terms transportation allowances and personal property have the meaning given such terms in section 451(b) of title 37.

(f)

Approval

(1)

The Secretary of Defense shall establish a single approval process for applications for coverage under this section. The process shall apply uniformly among the armed forces.

(2)

Applications for approval for coverage under this section shall consist of such elements (including documentary evidence) as the Secretary shall prescribe for purposes of the approval process required by this subsection.

(3)

The approval process required by this subsection shall ensure that the processing of applications for coverage under this section is completed in a timely manner that permits a spouse and any dependents to relocate whenever during the covered relocation period selected in the election concerned. In meeting that requirement, the approval process shall provide for the processing of applications at the lowest level in the chain of command of members as it appropriate to ensure proper administration of this section.

(g)

Regulations

Each Secretary concerned shall prescribe regulations for the administration of this section with respect to the armed force or forces under the jurisdiction of such Secretary.

(h)

Covered relocation period defined

In this section, the term covered relocation period, in connection with the permanent change of station of a member, means the period that—

(1)

begins 180 days before the date of the permanent change of station; and

(2)

ends 180 days after the date of the permanent change of station.

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1784a the following new item:

1784b. Relocation of spouses and dependents in connection with the permanent change of station of certain members.

.

(3)

Effective date

The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to permanent changes of station of members of the Armed Forces that occur on or after the date that is 180 days after such effective date.

(b)

Comptroller General of the United States report

(1)

Report required

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on potential actions of the Department of Defense to enhance the stability of military families undergoing a permanent change of station.

(2)

Elements

The report required by paragraph (1) shall include the following:

(A)

A comparison of the current percentage of spouses in military families who work with the percentage of spouses in military families who worked in the recent past, and an assessment of the impact of the change in such percentage on military families.

(B)

An assessment of the effects of relocation of military families undergoing a permanent change of station on the employment, education, and licensure of spouses of military families.

(C)

An assessment of the effects of relocation of military families undergoing a permanent change of station on military children, including effect on their mental health.

(D)

An identification of potential actions of the Department to enhance the stability of military families undergoing a permanent change of station and to generate cost savings in connection with such changes of station.

(E)

Such other matters as the Comptroller General considers appropriate.

(3)

Additional element on funding of military family support programs

In addition to the elements specified in paragraph (2), the report required by paragraph (1) shall also include a comparison of—

(A)

the average annual amount spent by each Armed Force over the five-year period ending on December 31, 2015, on recruiting and retention bonuses and special pays for members of such Armed Force; with

(B)

the average annual amount spent by such Armed Force over such period on programs for military families and support of military families.

D

Disability Pay, Retired Pay, and Survivor Benefits

I

Amendments in Connection with Retired Pay Reform

631.

Election period for members in the service academies and inactive Reserves to participate in the modernized retirement system

(a)

In general

Paragraph (4)(C) of section 1409(b) of title 10, United States Code, is amended—

(1)

in clause (i), by striking and (iii) and inserting , (iii), (iv) and (v); and

(2)

by adding at the end the following new clauses:

(iv)

Cadets and midshipmen, etc

A member of a uniformed service who serves as a cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps during the election period specified in clause (i) shall make the election described in subparagraph (B)—

(I)

on or after the date on which such cadet, midshipman, or member of the Senior Reserve Officers’ Training Corps is appointed as a commissioned officer or otherwise begins to receive basic pay; and

(II)

not later than 30 days after such date or the end of such election period, whichever is later.

(v)

Inactive reserves

A member of a reserve component who is not in an active status during the election period specified in clause (i) shall make the election described in subparagraph (B)—

(I)

on or after the date on which such member is transferred from an inactive status to an active status or active duty; and

(II)

not later than 30 days after such date or the end of such election period, whichever is later.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by section 631(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 842), to which the amendments made by subsection (a) relate.

632.

Effect of separation of members from the uniformed services on participation in the Thrift Savings Plan

Effective as of the date of the enactment of this Act, paragraph (2) of section 632(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 847) is repealed, and the amendment proposed to be made by that paragraph shall not be made or go into effect.

633.

Continuation pay for members who have completed 8 to 12 years of service

(a)

Continuation pay

Section 356 of title 37, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)

has completed not less than 8 and not more than 12 years of service in a uniformed service; and

; and

(B)

in paragraph (2), by striking an additional 4 years and inserting not less than 3 additional years; and

(2)

by striking subsection (d) and inserting the following new subsection (d):

(d)

Timing of payment

Continuation pay may be paid to a full TSP member under subsection (a) at any time after the member completes 8 years of service in a uniformed service, but before the member completes 12 years of service, as the Secretary concerned shall elect for purposes of this section.

.

(b)

Conforming amendments

(1)

Heading amendment

The heading for such section is amended to read as follows:

356.

Continuation pay: full TSP members with not less than 8 and more than 12 years of service

.

(2)

Table of sections amendment

The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item:

356. Continuation pay: full TSP members with not less than 8 and more than 12 years of service.

.

(c)

Effective date

The amendments made by this section shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by section 634 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 850), to which the amendments made by this section relate.

634.

Combat-related special compensation coordinating amendment

(a)

In general

Section 1413a(b)(3)(B) of title 10, United States Code, is amended by striking 2½ percent and inserting the retired pay percentage (determined for the member under section 1409(b) of this title).

(b)

Effective date

The amendment made by subsection (a) shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by part I of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 842), to which the amendment made by subsection (a) relates.

635.

Sense of Congress on Roth contributions as default contributions of members of the Armed Forces participating in the Thrift Savings Plan under retired pay reform

It is the sense of Congress that—

(1)

having the contribution of a member of the Armed Forces participating in the Thrift Savings Plan (TSP) under military retired pay reform (as enacted pursuant to part I of subtitle C of title of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92)) default to Roth contributions until the member elects not to designate such contributions as Roth contributions would aid enlisted and junior commissioned members of the Armed Forces in saving for their retirement; and

(2)

the Department of Defense should assess the feasibility and advisability of making the contributions of members participating in the Thrift Savings Plan under military retired pay reform default to Roth contributions until members elect otherwise.

II

Other Matters

641.

Extension of allowance covering monthly premium for Servicemembers' Group Life Insurance while in certain overseas areas to cover members in any combat zone or overseas direct support area

(a)

Expansion of coverage

Subsection (a) of section 437 of title 37, United States Code, is amended—

(1)

by inserting (1) before In the case of;

(2)

by striking who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom and inserting who serves in a designated duty assignment; and

(3)

by adding at the end the following new paragraph:

(2)

In this subsection, the term designated duty assignment means a permanent or temporary duty assignment outside the United States or its possessions in support of a contingency operation in an area that—

(A)

has been designated a combat zone; or

(B)

is in direct support of an area that has been designated a combat zone.

.

(b)

Conforming amendments

(1)

Cross-reference

Subsection (b) of such section is amended by striking theater of operations and inserting designated duty assignment.

(2)

Section heading

The heading of such section is amended to read as follows:

437.

Allowance to cover monthly premiums for Servicemembers' Group Life Insurance: members serving in a designated duty assignment

.

(3)

Table of sections

The item relating to section 437 in the table of sections at the beginning of chapter 7 of such title is amended to read as follows:

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

.

(c)

Effective date

The amendments made by this section shall apply to service by members of the Armed Forces in a designated duty assignment (as defined in subsection (a)(2) of section 437 of title 37, United States Code) for any month beginning on or after the date of the enactment of this Act.

642.

Use of member’s current pay grade and years of service, rather than final retirement pay grade and years of service, in a division of property involving disposable retired pay

(a)

In general

Section 1408(a)(4) of title 10, United States Code, is amended—

(1)

by redesignating subparagraphs (A), (B), (C), (D) as clauses (i), (ii), (iii), (iv), respectively;

(2)

by inserting (A) after (4);

(3)

in subparagraph (A), as designated by paragraph (2), by inserting (as determined pursuant to subparagraph (B) after member is entitled; and

(4)

by adding at the end the following new subparagraph: the following:

(B)

In calculating the total monthly retired pay to which a member is entitled for purposes of subparagraph (A), the following shall be used:

(i)

The member's pay grade and years of service at the time of the court order.

(ii)

The amount of pay that is payable at the time of the member's retirement to a member in the member's pay grade and years of service as fixed pursuant to clause (i).

.

(b)

Application of amendments

The amendments made by subsection (a) shall apply with respect to any division of property as part of a final decree of divorce, dissolution, annulment, or legal separation involving a member of the Armed Forces to which section 1408 of title 10, United States Code, applies that becomes final after the date of the enactment of this Act.

643.

Permanent extension of payment of special survivor indemnity allowances under the Survivor Benefit Plan

Section 1450(m) of title 10, United States Code, is amended—

(1)

in paragraph (2)(I), by striking during fiscal year 2017 and inserting after fiscal year 2016; and

(2)

by striking paragraph (6).

644.

Authority to deduct Survivor Benefit Plan premiums from combat-related special compensation when retired pay not sufficient

(a)

Authority

Subsection (d) of section 1452 of title 10, United States Code, is amended—

(1)

by redesignating paragraph (2) as paragraph (3); and

(2)

by inserting after paragraph (1) the following new paragraph (2):

(2)

Deduction from combat-related special compensation when retired pay not adequate

In the case of a person who has elected to participate in the Plan and who has been awarded both retired pay and combat-related special compensation under section 1413a of this title, if a deduction from the person’s retired pay for any period cannot be made in the full amount required, there shall be deducted from the person’s combat-related special compensation in lieu of deduction from the person's retired pay the amount that would otherwise have been deducted from the person’s retired pay for that period.

.

(b)

Conforming amendments to section 1452

(1)

Subsection (d) of such section is further amended—

(A)

in the subsection heading, by inserting or not sufficient after not paid;

(B)

in paragraph (1), by inserting before the period at the end the following: , except to the extent that the required deduction is made pursuant to paragraph (2); and

(C)

in paragraph (3), as redesignated by subsection (a)(1), by striking Paragraph (1) does not and inserting Paragraphs (1) and (2) do not.

(2)

Subsection (f)(1) of such section is amended by inserting or combat-related special compensation after from retired pay.

(3)

Subsection (g)(4) of such section is amended—

(A)

in the paragraph heading, by inserting or crsc after retired pay; and

(B)

by inserting or combat-related special compensation after from the retired pay.

(c)

Conforming amendments to other provisions of SBP statute

(1)

Section 1449(b)(2) of such title is amended—

(A)

in the paragraph heading, by inserting or crsc after retired pay; and

(B)

by inserting or combat-related special compensation after from retired pay.

(2)

Section 1450(e) of such title is amended—

(A)

in the subsection heading, by inserting or CRSC after retired pay; and

(B)

in paragraph (1), by inserting or combat-related special compensation after from the retired pay.

645.

Sense of Congress on options for members of the Armed Forces to designate payment of the death gratuity to a trust for a special needs individual

It is the sense of Congress that the Department of Defense should explore options to allow members of the Armed Forces to designate that, upon their death, the death gratuity payable with respect to members of the Armed Forces upon death may be paid to a trust that is legally established under any Federal, State, or territorial law in order to provide greater financial and estate planning capability for members seeking to provide for those who require the protections of a trust, such as minor children or incapacitated adults, or those with special needs.

646.

Independent assessment of the Survivor Benefit Plan

(a)

Assessment required

The Secretary of Defense shall provide for an independent assessment of the Survivor Benefit Plan (SBP) under subchapter II of chapter 73 of title 10, United States Code, by a Federally-funded research and development center (FFRDC).

(b)

Assessment elements

The assessment conducted pursuant to subsection (a) shall include, but not be limited to, the following:

(1)

The purposes of the Survivor Benefit Plan, the manner in which the Plan interacts with other Federal programs to provide financial stability and resources for survivors of members of the Armed Forces and military retirees, and a comparison between the benefits available under the Plan, on the one hand, and benefits available to Government and private sector employees, on the other hand, intended to provide financial stability and resources for spouses and other dependents when a primary family earner dies.

(2)

The effectiveness of the Survivor Benefit Plan in providing survivors with intended benefits, including the provision of survivor benefits for survivors of members of the Armed Forces dying on active duty and members dying while in reserve active-status.

(3)

The feasibility and advisability of providing survivor benefits through alternative insurance products available commercially for similar purposes, the extent to which the Government could subsidize such products at no cost in excess of the costs of the Survivor Benefit Plan, and the extent to which such products might meet the needs of survivors, especially those on fixed incomes, to maintain financial stability.

(c)

Report

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth the results of the assessment conducted pursuant to subsection (a), together with such recommendations as the Secretary considers appropriate for legislative or administration action in light of the results of the assessment.

E

Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations

661.

Protection and enhancement of access to and savings at commissaries and exchanges

(a)

Optimization strategy

Section 2481(c) of title 10, United States Code, is amended by adding at the end the following paragraph:

(3)
(A)

The Secretary of Defense shall develop and implement a comprehensive strategy to optimize management practices across the defense commissary system and the exchange system that reduce reliance of those systems on appropriated funding without reducing benefits to the patrons of those systems or the revenue generated by nonappropriated fund entities or instrumentalities of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

(B)

The Secretary shall ensure that savings generated due to such optimization practices are shared by the defense commissary system and the exchange system through contracts or agreements that appropriately reflect the participation of the systems in the development and implementation of such practices.

.

(b)

Authority To supplement appropriations through business optimization

Section 2483(c) of such title is amended by adding at the end the following new sentence: Such appropriated amounts may also be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title and the alternative pricing program implemented pursuant to section 2484(i) of this title..

(c)

Alternative pricing program

Section 2484 of such title is amended by adding at the end the following new subsections:

(i)

Alternative pricing program

(1)

The Secretary of Defense may establish and carry out, in accordance with the requirements of this subsection, an alternative pricing program pursuant to which prices may be established in response to market conditions and customer demand. Prices under the alternative pricing program shall reflect the uniform sales price surcharge applicable under subsection (d).

(2)

Before establishing an alternative pricing program under this subsection, the Secretary shall establish the following:

(A)

Specific, measurable benchmarks for success in the provision of high quality grocery merchandise, discount savings to patrons, and levels of customer satisfaction while achieving savings for the Department of Defense.

(B)

A baseline of overall savings to patrons achieved by commissary stores before the initiation of the alternative pricing program, based on a comparison of prices charged by those stores on a regional basis with prices charged by relevant local competitors for a representative market basket of goods. In determining the savings baseline, the Secretary shall take into account the effect of the surcharges added under the pricing program by reason of subsection (d).

(3)

The Secretary shall ensure that the defense commissary system implements the alternative pricing program by conducting price comparisons using the methodology established for paragraph (2)(B) and adjusting pricing as necessary to ensure that pricing in the alternative pricing program achieves overall savings to patrons that are reasonably consistent with the baseline savings established for the relevant region pursuant to such paragraph.

(j)

Conversion to nonappropriated fund entity or instrumentality

(1)

If the Secretary of Defense determines that the alternative pricing program under subsection (i) has met the benchmarks for success established pursuant to subsection (i)(2)(A) and the savings requirements established pursuant to subsection (i)(3) over a period of at least six months, the Secretary may convert the defense commissary system to a nonappropriated fund entity or instrumentality, with operating expenses financed in whole or in part by receipts from the sale of products and the sale of services. Upon such conversion, appropriated funds shall be transferred to the defense commissary system only in accordance with paragraph (2) or section 2491 of this title. The requirements of section 2483 of this title shall not apply to the defense commissary system operating as a nonappropriated fund entity or instrumentality.

(2)

If the Secretary determines that the defense commissary system operating as a nonappropriated fund entity or instrumentality is not likely, in any fiscal year, to afford the level of patron savings required in subsection (i)(3), the Secretary may authorize a transfer of appropriated funds available for such purpose to the commissary system in an amount sufficient to offset the anticipated loss. Any funds so transferred shall be considered to be nonappropriated funds for such purpose.

(3)

The Secretary may identify positions of employees in the defense commissary system who are paid with appropriated funds whose status may be converted to the status of an employee of a nonappropriated fund entity or instrumentality. The status and conversion of such employees shall be addressed as provided in section 2491(c) of this title for employees in morale, welfare, and recreation programs. No individual who is an employee of the defense commissary system as of the date of the enactment of this subsection shall suffer any loss of or decrease in pay as a result of the conversion.

.

(d)

Establishment of common business practices

Section 2487 of such title is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Common business practices

(1)

Notwithstanding subsections (a) and (b), the Secretary of Defense may establish common business processes, practices, and systems—

(A)

to exploit synergies between the operations of the defense commissary system and the exchange system; and

(B)

to optimize the operations of the defense retail systems as a whole and the benefits provided by the commissaries and exchanges.

(2)

The Secretary may authorize the defense commissary system and the exchange system to enter into contracts or other agreements for the following:

(A)

Products and services that are shared by the defense commissary system and the exchange system.

(B)

The acquisition of supplies, resale goods, and services on behalf of both the defense commissary system and the exchange system.

(3)

For the purpose of a contract or agreement authorized under paragraph (2), the Secretary may—

(A)

use funds appropriated pursuant to section 2483 of this title to reimburse a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement entered by the nonappropriated fund entity or instrumentality that is attributable to the defense commissary system; and

(B)

authorize the defense commissary system to accept reimbursement from a nonappropriated fund entity or instrumentality for the portion of the cost of a contract or agreement entered by the defense commissary system that is attributable to the nonappropriated fund entity or instrumentality.

.

(e)

Clarification of references to the exchange system

Section 2481(a) of such title is amended by adding at the end the following new sentence: Any reference in this chapter to the exchange system shall be treated as referring to each separate administrative entity within the Department of Defense through which the Secretary has implemented the requirement under this subsection for a world-wide system of exchange stores..

(f)

Operation of defense commissary system as a nonappropriated fund entity

In the event that the defense commissary system is converted to a nonappropriated fund entity or instrumentality as authorized by section 2484(j)(1) of title 10, United States Code, as added by subsection (c) of this section, the Secretary of Defense may—

(1)

provide for the transfer of commissary assets, including inventory and available funds, to the nonappropriated fund entity or instrumentality; and

(2)

ensure that revenues accruing to the defense commissary system are appropriately credited to the nonappropriated fund entity or instrumentality.

(g)

Conforming amendment

Section 2643(b) of title 10, United States Code, is amended by adding at the end the following new sentence: Such appropriated funds may be supplemented with additional funds derived from improved management practices implemented pursuant to sections 2481(c)(3) and 2487(c) of this title..

F

Other Matters

671.

Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces

Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection:

(d)
(1)

In the case of athletic footwear needed by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.

(2)

In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall comply with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law).

(3)

This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—

(A)

is medically required to meet unique physiological needs of the member; and

(B)

cannot be met with athletic footwear that complies with the requirements of this subsection.

.

672.

Authority for payment of pay and allowances and retired and retainer pay pursuant to power of attorney

Section 602 of title 37, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking , in the opinion of a board of medical officers or physicians,; and

(B)

by striking use or benefit and all that follows through any person designated and inserting the following: “use or benefit to—

(1)

a legal committee, guardian, or other representative that has been appointed by a court of competent jurisdiction;

(2)

an individual to whom the member has granted authority to manage such funds pursuant to a valid and legally executed durable power of attorney; or

(3)

any person designated

;

(2)

in subsection (b)—

(A)

by striking The board shall consist and inserting An individual may not be designated under subsection (a)(3) to receive payments unless a board consisting; and

(B)

by inserting determines that the member is mentally incapable of managing the member's affairs. Any such board shall be after treatment of mental disorders,;

(3)

in subsection (c), by striking designated and inserting authorized to receive payments;

(4)

is subsection (d), by inserting , unless a court of competent jurisdiction orders payment of such fee, commission, or other charge before the period;

(5)

by striking subsection (e);

(6)

by redesignating subsection (f) as subsection (e); and

(7)

in subsection (e), as redesignated by paragraph (6)—

(A)

by inserting under subsection (a)(3) after who is designated; and

(B)

by striking $1,000 and inserting $25,000.

VII

Health Care Provisions

A

TRICARE and Other Health Care Benefits

701.

Reform of health care plans available under the TRICARE program

(a)

Reform of health care plans

(1)

In general

Chapter 55 of title 10, United States Code, is amended by inserting after section 1074n the following new section:

1075.

TRICARE program: health care plans

(a)

Health care plans

This section establishes the following health care plans under which covered beneficiaries may enroll under the TRICARE program:

(1)

TRICARE Prime (the managed care option).

(2)

TRICARE Choice (the self-managed option).

(3)

TRICARE Supplemental.

(b)

Beneficiary categories

In this section, the beneficiary categories for purposes of eligibility to enroll in a health care plan under subsection (a) and cost sharing requirements applicable to those health care plans are as follows:

(1)

Active-duty family members

The category of active-duty family members consists of the following beneficiaries:

(A)

Beneficiaries covered by section 1079 of this title.

(B)

Beneficiaries covered by section 1086(c)(1) of this title by reason of being a retired member under chapter 61 of this title or a dependent of such a retired member.

(C)

Beneficiaries covered by section 1086(c)(2) of this title.

(2)

Retired members

The category of retired members consists of beneficiaries covered by section 1086(c) of this title who are not—

(A)

beneficiaries described in subparagraph (B) or (C) of paragraph (1); or

(B)

beneficiaries described in section 1086(d)(2) of this title.

(c)

TRICARE Prime

(1)

In general

The Secretary of Defense shall establish the TRICARE Prime health care plan in areas described in paragraph (6).

(2)

Benefits

TRICARE Prime is a managed care option that provides medical services to beneficiaries enrolled in such option at reduced cost-sharing amounts for beneficiaries whose care is managed by a designated primary care manager and provided by a network provider.

(3)

Eligibility

(A)

Active-duty family members

Except as provided in subparagraph (C), a beneficiary in the active-duty family members category is eligible to enroll in TRICARE Prime under this subsection.

(B)

Retired members

Except as provided in subparagraph (C), a beneficiary in the retired members category is eligible to enroll in TRICARE Prime under this subsection in locations in which a facility of the uniformed services has, in the judgment of the Secretary, a significant number of health care providers, including specialty care providers, and sufficient capability to support the efficient operation of TRICARE Prime for projected enrollees in that location.

(C)

Exclusion

A beneficiary covered by section 1076d, 1076e, 1078a, or 1086(d)(2) of this title is not eligible to enroll in TRICARE Prime under this subsection.

(4)

Referral required

(A)

In general

Except as otherwise provided in this paragraph, a beneficiary enrolled in TRICARE Prime shall be required to obtain a referral for care through a designated primary care manager (or other care coordinator) prior to obtaining care under the TRICARE program.

(B)

Excused referral

The Secretary may excuse the requirement that a beneficiary obtain a referral under subparagraph (A) in such circumstances as the Secretary may establish for purposes of this section.

(C)

Specialty care

Beneficiaries enrolled in TRICARE Prime shall not be required to obtain a pre-authorization for a referral for specialty care services.

(D)

Cost-sharing

Notwithstanding subsections (f) and (g), the cost-sharing requirement for a beneficiary enrolled in TRICARE Prime who does not obtain a referral for care as required under subparagraph (A) and is not excused from obtaining such a referral under subparagraph (B) shall be an amount equal to 50 percent of the allowed point-of-service charge for such care.

(5)

Access to health care

(A)

In general

The Secretary shall ensure that beneficiaries enrolled in TRICARE Prime have access to primary care and specialty care services from facilities of the uniformed services or network providers in the applicable area within specific timeliness standards that meet or exceed those of high-performing health care systems in the United States, as determined by the Secretary.

(B)

Urgent care services

(i)

In general

In implementing subparagraph (A), the Secretary shall make special provisions for appropriate access of beneficiaries to urgent care services.

(ii)

Pre-authorization

Beneficiaries enrolled in TRICARE Prime shall not be subject to a pre-authorization requirement for urgent care services.

(6)

Areas described

Areas described in this paragraph are areas in which a facility of the uniformed services is located (other than a facility limited to members of the armed forces) that have been designated by the Secretary for purposes of this subsection.

(d)

TRICARE Choice

(1)

In general

The Secretary of Defense shall establish, without limitation to certain areas, the TRICARE Choice health care plan.

(2)

Benefits

TRICARE Choice is a self-managed option under which beneficiaries enrolled in such option may receive care from any health care provider selected by the beneficiary, subject to such restrictions as the Secretary may establish for purposes of this subsection.

(3)

Eligibility

A beneficiary in the active-duty family members category or the retired members category is eligible to enroll in TRICARE Choice under this subsection.

(e)

TRICARE Supplemental

(1)

In general

The Secretary of Defense shall establish the TRICARE Supplemental health care plan.

(2)

Benefits

Under TRICARE Supplemental, the Secretary shall pay on behalf of a beneficiary the deductible and copayment amounts under a primary health care plan under which the beneficiary is covered, not to exceed the amount the Secretary would have paid as a primary payer to an out-of-network provider under this section.

(3)

Eligibility

A beneficiary in the retired members category is eligible to enroll in TRICARE Supplemental under this subsection.

(4)

Enrollment fee

A beneficiary who enrolls in TRICARE Supplemental shall pay an enrollment fee of ½ of the enrollment fee applicable to a beneficiary in the retired members category who enrolls in TRICARE Choice.

(5)

Regulations

The regulations prescribed by the Secretary under subsection (i) may include such other limitations and provisions for TRICARE Supplemental as the Secretary determines appropriate.

(f)

Cost-sharing amounts

(1)

In general

During calendar year 2018, beneficiaries enrolled in TRICARE Prime and TRICARE Choice under this section shall be subject to cost-sharing requirements, including an enrollment fee, a deductible amount, and copayments, in accordance with the amounts and percentages set forth in the following table:

ADFM
Category
ADFM
Category
Retired
Category
Retired
Category
TRICARE Prime TRICARE ChoiceTRICARE PrimeTRICARE Choice
Enrollment Fees, Deductible, and Catastrophic Caps
Annual Enrollment Fee$0$0$350 Individual
$700 Family
$150 Individual
$300 Family
Annual Deductible$0E4 and below (E4?)
$100 Individual $200 Family
_______
E5 and above (E5?)
$300 Individual $600 Family
$0$300 Individual
$600 Family
Annual Catas-?trophic Cap$1,500$1,500$4,000$4,000
Copayments (by Service Type)
Outpatient MTF Visit$0$0$0$0
Outpatient Private Sector Visit$0$15 primary network without deductible
$25 specialty network without deductible
_______
20% out of network after deductible
$20 primary
$30 specialty
$25 primary network without deductible
$35 specialty network without deductible
________
25% out of network after deductible
ER Visit MTF$0$0$0$0
ER Visit Private Sector$0$50 network without deductible
_______
20% out of network after deductible
$75 network$100 network without deductible
________
25% out of network after deductible
Urgent Care MTF$0$0$0$0
Urgent Care Private Sector$0$0 network without deductible
_______
20% out of network after deductible
$30 network$40 network without deductible
________
25% out of network after deductible
Ambulatory Surgery MTF$0$0$0$0
Ambulatory Surgery Private Sector$0$50 network without deductible
_______
20% out of network after deductible
$100$125 network without deductible
________
25% out of network after deductible
Ambulance Service MTF$0$0$0$0
Ambulance Service Private Sector$0$15$50$75
Durable Medical Equipment MTF $0$0$0$0
Durable Medical Equipment Private Sector$010%20%20%
Hospitalization tion MTF$0$0$0$0
Hospitalization Private Sector$0$80 per admission - network without deductible
_______
20% out of network after deductible
$200 per Admission$250 per admission - network without deductible
________
25% out of network after deductible
Inpatient Skilled Nursing/ Rehabili-?tation - MTF/ Network$0$25 per day - network without deductible
_______
$35 per day out of network without deductible
$25 per day$25 per day - network without deductible
________
$250 per day or 20% of billed charges (whichever is less) out of network without deductible
(2)

Adjustments to amounts

(A)

Annual enrollment fees

(i)

Consumer price index

(I)

In general

With respect to enrollment in TRICARE Choice for beneficiaries in the retired members category, for each calendar year after calendar year 2023, and with respect to all other beneficiaries, for each calendar year after calendar year 2018, each dollar amount for an annual enrollment fee in the table set forth in paragraph (1) shall be increased by the annual percentage increase of the Consumer Price Index for Health Care Services published by the Bureau of Labor Statistics for such calendar year rounded to the next lower multiple of $1.

(II)

Addition of rounded amount

An amount equal to the amount rounded down under subclause (I) for an annual enrollment fee shall be accumulated with such amounts for subsequent years and added to the amount of the increase under such subclause when the aggregate accumulated amount under this subclause (and not yet so added) for such fee equals $1 or more.

(ii)

TRICARE Choice for retired members

With respect to enrollment in TRICARE Choice for beneficiaries in the retired members category, the annual enrollment fee for calendar years 2019 through 2023 shall be—

(I)

for calendar year 2019—

(aa)

for enrollment as an individual, $210; and

(bb)

for enrollment as a family, $420;

(II)

for calendar year 2020—

(aa)

for enrollment as an individual, $270; and

(bb)

for enrollment as a family, $540;

(III)

for calendar year 2021—

(aa)

for enrollment as an individual, $330; and

(bb)

for enrollment as a family, $660;

(IV)

for calendar year 2022—

(aa)

for enrollment as an individual, $390; and

(bb)

for enrollment as a family, $780; and

(V)

for calendar year 2023—

(aa)

for enrollment as an individual, $450; and

(bb)

for enrollment as a family, $900.

(B)

Other amounts

(i)

In general

For each calendar year after calendar year 2018, each dollar amount (other than a dollar amount for an annual enrollment fee) expressed as a fixed dollar amount in the table set forth in paragraph (1) shall be increased by an amount equal to the percentage by which retired pay is increased under section 1401a(b)(2) of this title for such calendar year rounded to the next lower multiple of $1.

(ii)

Addition of rounded amount

An amount equal to the amount rounded down under clause (i) for a fixed dollar amount specified in the table set forth in paragraph (1) shall be accumulated with such rounded amounts for subsequent years and added to the amount indexed under such clause when the aggregate accumulated amount under this subclause (and not yet so added) for such fixed dollar amount equals $1 or more.

(3)

Special coverage and reimbursement

(A)

In general

In the case of services and products furnished under a health care plan under this section, the Secretary may, under regulations prescribed by the Secretary, adopt special coverage and reimbursement methods, amounts, and procedures to encourage the use of high-value services and products and discourage the use of low-value services and products, as determined by the Secretary.

(B)

Affect on cost-sharing requirements

The special coverage and reimbursement methods, amounts, and procedures adopted under subparagraph (A) may include a reduction, waiver, or increase, as the case may be, of cost-sharing requirements set forth in paragraph (1) (as modified under paragraph (2)).

(4)

Deductible amount

The deductible amount specified in the table set forth in paragraph (1) (as modified under paragraph (2)) is the initial cost incurred by an individual or family enrolled in a health care plan under this section during a calendar year for services furnished by an out-of-network provider before costs may be paid under the plan.

(5)

Catastrophic cap

The catastrophic cap specified in the table set forth in paragraph (1) (as modified under paragraph (2)) is the annual limit on the amount of cost-sharing that an individual or family enrolled in a health care plan under this section may be required to pay under such plan. Enrollment fees and point-of-service charges do not count against the catastrophic cap.

(6)

Calendar year enrollment period

Enrollment fees, deductible amounts, and catastrophic caps specified in the table set forth in paragraph (1) (as modified under paragraph (2)) are on a calendar-year basis.

(7)

Definitions

For purposes of the table set forth in paragraph (1) (as modified under paragraph (2)):

(A)

ADFM Category

The term ADFM Category means the active-duty family members category.

(B)

MTF

The term MTF, with respect to care or services, means care or services provided at a military treatment facility.

(C)

Private sector

The term private sector, with respect to care or services, means care or services provided in the private sector.

(D)

Network

The term network, with respect to care or services, means care or services provided by a network provider.

(E)

Out of network

The term out of network, with respect to care or services, means care or services provided by an out-of-network provider.

(g)

Special rules regarding cost sharing

(1)

Beneficiaries

(A)

TRICARE-for-Life beneficiaries

A Medicare-eligible beneficiary enrolled in a health care plan under this section is not responsible for cost sharing for care covered by section 1086(d)(3) of this title, except that the catastrophic cap specified in the table set forth in subsection (f)(1) (as modified under subsection (f)(2)) applies to such care.

(B)

Remote area dependents

(i)

Cost sharing

A remote area dependent (as described in section 1079(o) of this title) enrolled in TRICARE Choice is subject to the cost-sharing requirements for beneficiaries under TRICARE Prime.

(ii)

Referral

The referral requirements for a beneficiary enrolled in TRICARE Prime shall not apply to a remote area dependent described in clause (i).

(2)

Benefits and programs

(A)

Extended benefits

Cost sharing under this section does not apply to extended benefits under subsections (d) and (e) of section 1079 of this title.

(B)

Pharmacy benefits program

(i)

Copayments

Copayments for the receipt of pharmaceutical agents under a health care plan under this section shall be the copayments set forth in section 1074g(6) of this title.

(ii)

Other cost sharing

The enrollment fee, deductible, and catastrophic cap under this section shall apply to pharmaceutical agents furnished under a health care plan under this section.

(iii)

Pharmaceutical agent defined

In this subparagraph, the term pharmaceutical agent has the meaning given that term in section 1074g(2) of this title.

(C)

Other programs

If a beneficiary is enrolled in a program under this chapter for which an annual premium applies, including a premium under Medicare part B for care covered under section 1086(d)(3) of this title, the beneficiary is not required to pay an enrollment fee to enroll in a health care plan under this section.

(h)

Open enrollment period

The Secretary of Defense shall establish—

(1)

an annual open enrollment period for beneficiaries to enroll or modify enrollment in a health care plan under this section; and

(2)

other appropriate circumstances under which beneficiaries may enroll or modify enrollment in such a plan outside of that period.

(i)

Regulations

The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations to carry out this section.

(j)

Definitions

In this section:

(1)

Network provider

The term network provider means an individual or institutional health care provider that—

(A)

has met the requirements established by the Secretary to become a preferred provider under this section; and

(B)

improves the experience of care, meets established quality of care and effectiveness metrics, and reduces the per capita costs of health care.

(2)

Out-of-network provider

The term out-of-network provider means an individual or institutional health care provider, other than a network provider, that has met the requirements established by the Secretary to be an authorized provider under this section.

.

(2)

Conforming amendments

Such title is amended—

(A)

in section 1072, by amending paragraph (7) to read as follows:

(7)

The term TRICARE program means the various programs carried out by the Secretary of Defense under this chapter and any other provision of law providing for the furnishing of medical and dental care and health benefits to members and former members of the uniformed services and their dependents, including care furnished under the following health care plans:

(A)

TRICARE Prime under section 1075 of this title (a managed care option).

(B)

TRICARE Choice under such section 1075 (a self-managed option).

(C)

TRICARE Supplemental under such section 1075.

(D)

TRICARE-for-Life under section 1086(d) of this title.

;

(B)

in section 1079—

(i)

by amending subsection (b) to read as follows:

(b)

Plans covered by subsection (a) shall include provisions for the payment by the patient of cost-sharing amounts as specified in section 1075 of this title.

;

(ii)

by striking subsection (c); and

(iii)

in subsection (g)—

(I)

in paragraph (1), by striking (1) When and inserting When; and

(II)

by striking paragraphs (2) through (5);

(C)

in section 1086, by amending subsection (b) to read as follows:

(b)

For persons covered by this section, plans contracted for under section 1079(a) of this title shall include provisions for the payment by the patient of cost-sharing amounts as specified in section 1075 of this title.

;

(D)

in section 1097, by amending subsection (e) to read as follows:

(e)

Charges for health care

The charges for health care provided under this section shall consist of cost-sharing amounts as specified in section 1075 of this title.

; and

(E)

by striking section 1097a.

(3)

Clerical amendments

The table of sections at the beginning of chapter 55 of such title is amended—

(A)

by inserting after the item relating to section 1074n the following new i