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114TH CONGRESS REPORT

" HOUSE OF REPRESENTATIVES !
2d Session 114–840

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2017

CONFERENCE REPORT
TO ACCOMPANY

S. 2943

NOVEMBER 30, 2016.—Ordered to be printed

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E:\Seals\Congress.#13

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 NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017
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 1

114TH CONGRESS REPORT

" HOUSE OF REPRESENTATIVES !
2d Session 114–840

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2017

CONFERENCE REPORT
TO ACCOMPANY

S. 2943

NOVEMBER 30, 2016.—Ordered to be printed

srobinson on DSK5SPTVN1PROD with HEARING

U.S. GOVERNMENT PUBLISHING OFFICE

22–492 WASHINGTON : 2016
E:\Seals\Congress.#13

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 CONTENTS

CONFERENCE REPORT ....................................................................................... 1

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFER-
ENCE .................................................................................................................... 975
Compliance with rules of the House of Representatives and Senate re-
garding earmarks and congressionally directed spending items .............. 975
Summary of discretionary authorizations and budget authority implica-
tion ................................................................................................................. 975
Budgetary effects of this Act (sec. 4) ............................................................... 976
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 976
TITLE I—PROCUREMENT ................................................................................... 976
Subtitle A—Authorization of Appropriations ................................................. 976
Authorization of appropriations (sec. 101) .............................................. 976
Subtitle B—Army Programs ............................................................................ 976
Multiyear procurement authority for AH–64E Apache helicopters
(sec. 111) ................................................................................................. 976
Multiyear procurement authority for UH–60M and HH–60M Black
Hawk helicopters (sec. 112) .................................................................. 976
Distributed Common Ground System-Army increment 1 (sec. 113) ..... 977
Assessment of certain capabilities of the Department of the Army
(sec. 114) ................................................................................................. 977
Subtitle C—Navy Programs ............................................................................ 978
Determination of vessel delivery dates (sec. 121) ................................... 978
Incremental funding for detail design and construction of LHA re-
placement ship designated LHA 8 (sec. 122) ....................................... 978
Littoral Combat Ship (sec. 123) ............................................................... 978
Limitation on use of sole-source shipbuilding contracts for certain
vessels (sec. 124) .................................................................................... 979
Limitation on availability of funds for the Advanced Arresting Gear
Program (sec. 125) ................................................................................. 979
Limitation on availability of funds for procurement of U.S.S. Enter-
prise (CVN–80) (sec. 126) ...................................................................... 980
Sense of Congress on aircraft carrier procurement schedules (sec.
127) ......................................................................................................... 980
Report on P–8 Poseidon aircraft (sec. 128) .............................................. 981
Design and construction of replacement dock landing ship designated
LX(R) or amphibious transport dock designated LPD–29 (sec. 129) . 981
Subtitle D—Air Force Programs ..................................................................... 981
EC–130H Compass Call recapitalization program (sec. 131) ................ 981
Repeal of requirement to preserve certain retired C–5 aircraft (sec.
132) ......................................................................................................... 982
Repeal of requirement to preserve F–117 aircraft in recallable condi-
tion (sec. 133) ......................................................................................... 982
Prohibition on availability of funds for retirement of A–10 aircraft
(sec. 134) ................................................................................................. 982
Limitation on availability of funds for destruction of A–10 aircraft
in storage status (sec. 135) ................................................................... 983
Prohibition on availability of funds for retirement of Joint Surveil-
lance Target Attack Radar System aircraft (sec. 136) ........................ 983
Elimination of annual report on aircraft inventory (sec. 137) ............... 983
Subtitle E—Defense-Wide, Joint, and Multiservice Matters ........................ 983
Standardization of 5.56mm rifle ammunition (sec. 141) ........................ 983
Fire suppressant and fuel containment standards for certain vehicles
(sec. 142) ................................................................................................. 984
Limitation on availability of funds for destruction of certain cluster
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munitions (sec. 143) ............................................................................... 984

(III)

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TITLE I—PROCUREMENT—Continued
Subtitle E—Defense-Wide, Joint, and Multiservice Matters—Continued
Report on Department of Defense munitions strategy for the combat-
ant commands (sec. 144) ....................................................................... 984
Modifications to reporting on use of combat mission requirements
funds (sec. 145) ...................................................................................... 985
Report on alternative management structures for the F–35 joint
strike fighter program (sec. 146) .......................................................... 985
Comptroller General review of F–35 Lightning II aircraft sustain-
ment support (sec. 147) ......................................................................... 985
Briefing on acquisition strategy for Ground Mobility Vehicle (sec.
148) ......................................................................................................... 985
Study and report on optimal mix of aircraft capabilities for the
Armed Forces (sec. 149) ........................................................................ 985
Legislative Provisions Not Adopted ................................................................ 986
Funding for surface-to-air missile system ............................................... 986
Procurement authority for aircraft carrier programs ............................. 986
Ship to shore connector program ............................................................. 986
Limitation on availability of funds for Tactical Combat Training Sys-
tem Increment II .................................................................................... 986
Prohibition on availability of funds for retirement of U–2 aircraft ...... 987
Medium Altitude Intelligence, Surveillance, and Reconnaissance Air-
craft ......................................................................................................... 987
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION .......... 988
Subtitle A—Authorization of Appropriations ................................................. 988
Authorization of appropriations (sec. 201) .............................................. 988
Subtitle B—Program Requirements, Restrictions, and Limitations ............ 988
Laboratory quality enhancement program (sec. 211) ............................. 988
Modification of mechanisms to provide funds for defense laboratories
for research and development of technologies for military missions
(sec. 212) ................................................................................................. 988
Making permanent authority for defense research and development
rapid innovation program (sec. 213) .................................................... 989
Authorization for National Defense University and Defense Acquisi-
tion University to enter into cooperative research and development
agreements (sec. 214) ............................................................................ 989
Manufacturing Engineering Education Grant Program (sec. 215) ........ 989
Notification requirement for certain rapid prototyping, experimenta-
tion, and demonstration activities (sec. 216) ....................................... 989
Increased micro-purchase threshold for research programs and enti-
ties (sec. 217) .......................................................................................... 989
Improved biosafety for handling of select agents and toxins (sec.
218) ......................................................................................................... 990
Designation of Department of Defense senior official with principal
responsibility for directed energy weapons (sec. 219) ......................... 990
Restructuring of the distributed common ground system of the Army
(sec. 220) ................................................................................................. 991
Limitation on availability of funds for countering weapons of mass
destruction system Constellation (sec. 221) ......................................... 991
Limitation on availability of funds for Defense Innovation Unit Ex-
perimental (sec. 222) ............................................................................. 991
Limitation on availability of funds for Joint Surveillance Target At-
tack Radar System (JSTARS) Recapitalization Program (sec. 223) .. 993
Acquisition program baseline and annual reports on follow-on mod-
ernization program for F–35 Joint Strike Fighter (sec. 224) ............. 993
Subtitle C—Reports and Other Matters ......................................................... 993
Strategy for assured access to trusted microelectronics (sec. 231) ........ 993
Pilot program on evaluation of commercial information technology
(sec. 232) ................................................................................................. 993
Pilot program for the enhancement of the research, development,
test, and evaluation centers of the Department of Defense (sec.
233) ......................................................................................................... 994
Pilot program on modernization and fielding of electromagnetic spec-
trum warfare systems and electronic warfare capabilities (sec. 234) 994
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Pilot program on disclosure of certain sensitive information to feder-

ally funded research and development centers (sec. 235) .................. 995

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TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Con-
tinued
Subtitle C—Reports and Other Matters—Continued
Pilot program on enhanced interaction between the Defense Ad-
vanced Research Projects Agency and the service academies (sec.
236) ......................................................................................................... 995
Independent review of F/A–18 physiological episodes and corrective
actions (sec. 237) .................................................................................... 995
B–21 bomber development program accountability matrices (sec.
238) ......................................................................................................... 995
Study on helicopter crash prevention and mitigation technology (sec.
239) ......................................................................................................... 996
Strategy for Improving Electronic and Electromagnetic Spectrum
Warfare Capabilities (sec. 240) ............................................................. 996
Sense of Congress on development and fielding of fifth generation
airborne systems (sec. 241) ................................................................... 996
Legislative Provisions Not Adopted ................................................................ 996
Report on cost of B–21 aircraft ................................................................ 996
TITLE III—OPERATION AND MAINTENANCE ................................................ 997
Subtitle A—Authorization of Appropriations ................................................. 997
Authorization of appropriations (sec. 301) .............................................. 997
Subtitle B—Energy and the Environment ..................................................... 997
Modified reporting requirement related to installations energy man-
agement (sec. 311) ................................................................................. 997
Waiver authority for alternative fuel procurement requirement (sec.
312) ......................................................................................................... 997
Utility data management for military facilities (sec. 313) ..................... 997
Alternative technologies for munitions disposal (sec. 314) .................... 998
Report on efforts to reduce high energy costs at military installations
(sec. 315) ................................................................................................. 998
Sense of Congress on funding decisions relating to climate change
(sec. 316) ................................................................................................. 998
Subtitle C—Logistics and Sustainment .......................................................... 999
Revision of deployability rating system and planning reform (sec.
321) ......................................................................................................... 999
Revision of guidance related to corrosion control and prevention ex-
ecutives (sec. 322) .................................................................................. 999
Pilot program for inclusion of certain industrial plants in the Arma-
ment Retooling and Manufacturing Support Initiative (sec. 323) ..... 999
Repair, recapitalization, and certification of dry docks at naval ship-
yards (sec. 324) ...................................................................................... 999
Private sector port loading assessment (sec. 325) .................................. 1000
Strategy on revitalizing Army organic industrial base (sec. 326) ......... 1000
Subtitle D—Reports ......................................................................................... 1000
Modifications to Quarterly Readiness Report to Congress (sec. 331) ... 1000
Report on average travel costs of members of the reserve components
(sec. 332) ................................................................................................. 1000
Report on HH–60G sustainment and Combat Rescue Helicopter pro-
gram (sec. 333) ....................................................................................... 1001
Subtitle E—Other Matters .............................................................................. 1001
Air navigation matters (sec. 341) ............................................................. 1001
Contract working dogs (sec. 342) ............................................................. 1001
Plan, funding documents, and management review relating to explo-
sive ordnance disposal (sec. 343) .......................................................... 1001
Process for communicating availability of surplus ammunition (sec.
344) ......................................................................................................... 1002
Mitigation of risks posed by window coverings with accessible cords
in certain military housing units (sec. 345) ......................................... 1002
Access to military installations by transportation companies (sec.
346) ......................................................................................................... 1002
Access to wireless high-speed Internet and network connections for
certain members of the Armed Forces (sec. 347) ................................ 1002
Limitation on availability of funds for Office of the Under Secretary
of Defense for Intelligence (sec. 348) .................................................... 1003
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Limitation on development and fielding of new camouflage and utility

uniforms (sec. 349) ................................................................................. 1003

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TITLE III—OPERATION AND MAINTENANCE—Continued
Subtitle E—Other Matters—Continued
Plan for improved dedicated adversary air training enterprise of the
Air Force (sec. 350) ................................................................................ 1003
Independent review and assessment of the Ready Aircrew Program
of the Air Force (sec. 351) ..................................................................... 1003
Study on space-available travel system of the Department of Defense
(sec. 352) ................................................................................................. 1004
Evaluation of motor carrier safety performance and safety technology
(sec. 353) ................................................................................................. 1004
Legislative Provisions Not Adopted ................................................................ 1004
Increase in funding for civil military programs ...................................... 1004
Linear LED lamps ..................................................................................... 1004
Production and use of natural gas at Fort Knox .................................... 1005
Sense of Congress on perfluorinated chemicals ...................................... 1005
Limitation on availability of funds for Defense Contract Management
Agency .................................................................................................... 1005
Repurposing and reuse of surplus military firearms ............................. 1005
STARBASE Program ................................................................................. 1006
Explosive Ordnance Disposal Corps ........................................................ 1006
Development of personal protective equipment for female Marines
and soldiers ............................................................................................ 1006
Supply of specialty motors from certain manufacturers ........................ 1007
Briefing on well-drilling capabilities of active duty and reserve com-
ponents ................................................................................................... 1007
Increase in funding for National Guard counter-drug programs .......... 1007
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................... 1007
Subtitle A—Active Forces ................................................................................ 1007
End strength for active forces (sec. 401) ................................................. 1007
Revisions in permanent active duty end strength minimum levels
(sec. 402) ................................................................................................. 1008
Subtitle B—Reserve Forces ............................................................................. 1008
End strengths for Selected Reserve (sec. 411) ........................................ 1008
End strengths for Reserves on active duty in support of the reserves
(sec. 412) ................................................................................................. 1009
End strengths for military technicians (dual status) (sec. 413) ............ 1009
Fiscal year 2017 limitation on number of non-dual status technicians
(sec. 414) ................................................................................................. 1010
Maximum number of reserve personnel authorized to be on active
duty for operational support (sec. 415) ................................................ 1010
Technical corrections to annual authorization for personnel strengths
(sec. 416) ................................................................................................. 1011
Subtitle C—Authorization of Appropriations ................................................. 1011
Military personnel (sec. 421) .................................................................... 1011
Legislative Provisions Not Adopted ................................................................ 1011
Sense of Congress on full-time support for the Army National Guard . 1011
TITLE V—MILITARY PERSONNEL POLICY ..................................................... 1011
Subtitle A—Officer Personnel Policy .............................................................. 1011
Reduction in number of general and flag officers on active duty
and authorized end strength after December 31, 2022, of such
general and flag officers (sec. 501) ....................................................... 1011
Repeal of statutory specification of general or flag officer grade for
various positions in the Armed Forces (sec. 502) ................................ 1013
Number of Marine Corps general officers (sec. 503) .............................. 1014
Promotion eligibility period for officers whose confirmation of ap-
pointment is delayed due to nonavailability to the Senate of proba-
tive information under control of non-Department of Defense agen-
cies (sec. 504) .......................................................................................... 1014
Continuation of certain officers on active duty without regard to
requirement for retirement for years of service (sec. 505) ................. 1014
Equal consideration of officers for early retirement or discharge (sec.
506) ......................................................................................................... 1014
Modification of authority to drop from rolls a commissioned officer
(sec. 507) ................................................................................................. 1015
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Extension of force management authorities allowing enhanced flexi-

bility for officer personnel management (sec. 508) ............................. 1015
Pilot programs on direct commissions to cyber positions (sec. 509) ...... 1015

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TITLE V—MILITARY PERSONNEL POLICY—Continued
Subtitle A—Officer Personnel Policy—Continued
Length of joint duty assignments (sec. 510) ............................................ 1016
Revision of definitions used for joint officer management (sec. 510A) . 1016
Subtitle B—Reserve Component Management .............................................. 1016
Authority for temporary waiver of limitation on term of service of
Vice Chief of the National Guard Bureau (sec. 511) ........................... 1016
Rights and protections available to military technicians (sec. 512) ...... 1016
Inapplicability of certain laws to National Guard technicians per-
forming Active Guard and Reserve duty (sec. 513) ............................. 1017
Extension of removal of restrictions on the transfer of officers be-
tween the active and inactive National Guard (sec. 514) ................... 1017
Extension of temporary authority to use Air Force reserve component
personnel to provide training and instruction regarding pilot train-
ing (sec. 515) .......................................................................................... 1017
Expansion of eligibility for deputy commander of combatant com-
mand having United States among geographic area of responsi-
bility to include officers of the Reserves (sec. 516) ............................. 1017
Subtitle C—General Service Authorities ........................................................ 1018
Matters relating to provision of leave for members of the Armed
Forces, including prohibition on leave not expressly authorized by
law (sec. 521) .......................................................................................... 1018
Transfer of provision relating to expenses incurred in connection
with leave canceled due to contingency operations (sec. 522) ............ 1019
Expansion of authority to execute certain military instruments (sec.
523) ......................................................................................................... 1019
Medical examination before administrative separation for members
with post-traumatic stress disorder or traumatic brain injury in
connection with sexual assault (sec. 524) ............................................ 1020
Reduction of tenure on the temporary disability retired list (sec.
525) ......................................................................................................... 1020
Technical correction to voluntary separation pay and benefits (sec.
526) ......................................................................................................... 1020
Consolidation of Army marketing and pilot program on consolidated
Army recruiting (sec. 527) ..................................................................... 1020
Subtitle D—Member Whistleblower Protections and Correction of Mili-
tary Records .................................................................................................. 1021
Improvements to whistleblower protection procedures (sec. 531) ......... 1021
Modification of whistleblower protection authorities to restrict con-
trary findings of prohibited personnel action by the Secretary con-
cerned (sec. 532) ..................................................................................... 1021
Availability of certain Correction of Military Records and Discharge
Review Board information through the Internet (sec. 533) ............... 1021
Improvements to authorities and procedures for the correction of
military records (sec. 534) ..................................................................... 1022
Treatment by discharge review boards of claims asserting post-trau-
matic stress disorder or traumatic brain injury in connection with
combat or sexual trauma as a basis for review of discharge (sec.
535) ......................................................................................................... 1023
Comptroller General of the United States review of integrity of De-
partment of Defense whistleblower program (sec. 536) ...................... 1023
Subtitle E—Military Justice and Legal Assistance Matters ......................... 1024
United States Court of Appeals for the Armed Forces (sec. 541) .......... 1024
Effective prosecution and defense in courts-martial and pilot pro-
grams on professional military justice development for judge advo-
cates (sec. 542) ....................................................................................... 1024
Inclusion in annual reports on sexual assault prevention and re-
sponse efforts of the Armed Forces of information on complaints
of retaliation in connection with reports of sexual assault in the
Armed Forces (sec. 543) ........................................................................ 1025
Extension of the requirement for annual report regarding sexual
assaults and coordination with release of Family Advocacy Pro-
gram report (sec. 544) ............................................................................ 1026
Metrics for evaluating the efforts of the Armed Forces to prevent
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and respond to retaliation in connection with reports of sexual

assault in the Armed Forces (sec. 545) ................................................ 1026

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TITLE V—MILITARY PERSONNEL POLICY—Continued
Subtitle E—Military Justice and Legal Assistance Matters—Continued
Training for Department of Defense personnel who investigate claims
of retaliation (sec. 546) .......................................................................... 1026
Notification to complainants of resolution of investigations into retal-
iation (sec. 547) ...................................................................................... 1026
Modification of definition of sexual harassment for purposes of inves-
tigations by commanding officers of complaints of harassment (sec.
548) ......................................................................................................... 1027
Improved Department of Defense prevention and response to hazing
in the Armed Forces (sec. 549) ............................................................. 1027
Subtitle F—National Commission on Military, National, and Public Serv-
ice ................................................................................................................... 1028
Purpose, scope, and definitions (sec. 551) ............................................... 1028
Preliminary report on purpose and utility of registration system
under Military Selective Service Act (sec. 552) ................................... 1028
National Commission on Military, National, and Public Service (sec.
553) ......................................................................................................... 1028
Commission hearings and meetings (sec. 554) ....................................... 1029
Principles and procedure for Commission recommendations (sec.
555) ......................................................................................................... 1029
Executive Director and staff (sec. 556) .................................................... 1030
Termination of Commission (sec. 557) ..................................................... 1030
Subtitle G—Member Education, Training, Resilience, and Transition ....... 1030
Modification of program to assist members of the Armed Forces
in obtaining professional credentials (sec. 561) ................................... 1030
Inclusion of alcohol, prescription drug, opioid, and other substance
abuse counseling as part of required preseparation counseling (sec.
562) ......................................................................................................... 1030
Inclusion of information in Transition Assistance Program regarding
effect of receipt of both veteran disability compensation and vol-
untary separation pay (sec. 563) .......................................................... 1031
Training under Transition Assistance Program on employment oppor-
tunities associated with transportation security cards (sec. 564) ...... 1031
Extension of suicide prevention and resilience program (sec. 565) ....... 1031
Congressional notification in advance of appointments to service
academies (sec. 566) .............................................................................. 1031
Report and guidance regarding Job Training, Employment Skills
Training, Apprenticeships, and Internships and SkillBridge initia-
tives for members of the Armed Forces who are being separated
(sec. 567) ................................................................................................. 1032
Military-to-mariner transition (sec. 568) ................................................. 1032
Subtitle H—Defense Dependents’ Education and Military Family Readi-
ness Matters .................................................................................................. 1032
Continuation of authority to assist local educational agencies that
benefit dependents of members of the Armed Forces and Depart-
ment of Defense civilian employees (sec. 571) ..................................... 1032
One-year extension of authorities relating to the transition and sup-
port of military dependent students to local educational agencies
(sec. 572) ................................................................................................. 1033
Annual notice to members of the Armed Forces regarding child cus-
tody protections guaranteed by the Servicemembers Civil Relief
Act (sec. 573) .......................................................................................... 1033
Requirement for annual Family Advocacy Program report regarding
child abuse and domestic violence (sec. 574) ....................................... 1033
Reporting on allegations of child abuse in military families and
homes (sec. 575) ..................................................................................... 1034
Repeal of Advisory Council on Dependents’ Education (sec. 576) ......... 1034
Support for programs providing camp experience for children of mili-
tary families (sec. 577) .......................................................................... 1034
Comptroller General of the United States assessment and report
on Exceptional Family Member Programs (sec. 578) .......................... 1034
Impact aid amendments (sec. 579) .......................................................... 1035
Subtitle I—Decorations and Awards ............................................................... 1035
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Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United

States Air Force, on the retired list (sec. 581) .................................... 1035

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TITLE V—MILITARY PERSONNEL POLICY—Continued
Subtitle I—Decorations and Awards—Continued
Authorization for award of medals for acts of valor during certain
contingency operations (sec. 582) ......................................................... 1035
Authorization for award of the Medal of Honor to Gary M. Rose
and James C. McCloughan for acts of valor during the Vietnam
War (sec. 583) ......................................................................................... 1036
Authorization for award of Distinguished Service Cross to First Lieu-
tenant Melvin M. Spruiell for acts of valor during World War
II (sec. 584) ............................................................................................. 1036
Authorization for award of the Distinguished Service Cross to Chap-
lain (First Lieutenant) Joseph Verbis LaFleur for acts of valor
during World War II (sec. 585) ............................................................. 1036
Review regarding award of Medal of Honor to certain Asian Amer-
ican and Native American Pacific Islander War Veterans (sec. 586) 1036
Subtitle J—Miscellaneous Reports and Other Matters ................................. 1037
Repeal of requirement for a chaplain at the United States Air Force
Academy appointed by the President (sec. 591) .................................. 1037
Extension of limitation on reduction in number of military and civil-
ian personnel assigned to duty with service review agencies (sec.
592) ......................................................................................................... 1037
Annual reports on progress of the Army and the Marine Corps in
integrating women into military occupational specialties and units
recently opened to women (sec. 593) .................................................... 1037
Report on feasibility of electronic tracking of operational active-duty
service performed by members of the Ready Reserve of the Armed
Forces (sec. 594) ..................................................................................... 1038
Report on discharge by warrant officers of pilot and other flight
officer positions in the Navy, Marine Corps, and Air Force cur-
rently discharged by commissioned officers (sec. 595) ........................ 1038
Body mass index test (sec. 596) ............................................................... 1038
Report on career progression tracks of the Armed Forces for women
in combat arms units (sec. 597) ............................................................ 1038
Legislative Provisions Not Adopted ................................................................ 1039
Temporary suspension of officer grade strength tables ......................... 1039
Enhanced authority for service credit for experience or advanced
education upon original appointment as a commissioned officer ...... 1039
Authority of promotion boards to recommend officers of particular
merit be placed at the top of the promotion list .................................. 1040
Limitations on ordering selected reserve to active duty for preplan-
ned missions in support of the combatant commands ........................ 1040
Exemption of military technicians (dual status) from civilian employ-
ee furloughs ............................................................................................ 1041
Authority to designate certain Reserve officers as not to be consid-
ered for selection for promotion ............................................................ 1041
Responsibility of Chiefs of Staff of the Armed Forces for standards
and qualifications for military specialties within the Armed Forces 1041
Reconciliation of contradictory provisions relating to qualifications
for enlistment in the reserve components of the Armed Forces ........ 1041
Burdens of proof applicable to investigations and reviews related
to protected communications of members of the armed forces and
prohibited retaliatory actions ............................................................... 1042
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 ..................................................................... 1042
Appellate standing of victims in enforcing rights of victims under
the Uniform Code of Military Justice .................................................. 1042
Limitation on tuition assistance for off-duty training or education ...... 1043
Establishment of ROTC cyber institutes at senior military colleges .... 1043
Access to Department of Defense installations of institutions of high-
er education providing certain advising and student support serv-
ices .......................................................................................................... 1044
Employment authority for civilian faculty at certain military depart-
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ment schools ........................................................................................... 1044

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TITLE V—MILITARY PERSONNEL POLICY—Continued
Legislative Provisions Not Adopted—Continued
Revision of name on military service record to reflect change in
name of a member of the Army, Navy, Air Force, or Marine Corps,
after separation from the Armed Forces .............................................. 1044
Direct employment pilot program for members of the National Guard
and Reserve ............................................................................................ 1044
Prohibition on establishment, maintenance, or support of Senior Re-
serve Officers’ Training Corps units at educational institutions that
display the Confederate battle flag ...................................................... 1045
Report on composition of service academies ........................................... 1045
Enhanced flexibility in provision of relocation assistance to members
of the Armed Forces and their families ............................................... 1045
Background checks for employees of agencies and schools providing
elementary and secondary education for Department of Defense
dependents ............................................................................................. 1046
Authorization for award of the Medal of Honor to Charles S. Kettles
for acts of valor during the Vietnam war ............................................ 1047
Burial of cremated remains in Arlington National Cemetery of cer-
tain persons whose service is deemed to be active service ................. 1047
Applicability of Military Selective Service Act to female citizens and
persons .................................................................................................... 1047
Representation from member of the Armed Forces on boards, coun-
cils, and committees making recommendations relating to military
personnel issues ..................................................................................... 1047
Preseparation counseling regarding options for donating brain tissue
at time of death for research ................................................................ 1048
Recognition of the expanded service opportunities available to female
members of the Armed Forces and the long service of women
in the Armed Forces .............................................................................. 1048
Sense of Congress regarding plight of male victims of military sexual
assault .................................................................................................... 1048
Sense of Congress regarding section 504 of title 10, United States
Code, on existing authority of the Department of Defense to enlist
individuals, not otherwise eligible for enlistment, whose enlistment
is vital to the national interest ............................................................. 1049
Protection of Second Amendment rights of military families ................ 1049
Pilot program on advanced technology for alcohol abuse prevention ... 1049
Report on availability of college credit for skills acquired during
military service ...................................................................................... 1049
Atomic veterans service medal ................................................................. 1050
Report on extending protections for student loans for active duty
borrowers ................................................................................................ 1050
Exclusion of certain reimbursements of medical expenses and other
payments from determination of annual income with respect to
pensions for veterans and surviving spouses and children of vet-
erans ....................................................................................................... 1050
Sense of Congress on desirability of service-wide adoption of Gold
Star installation access card ................................................................. 1050
Servicemembers’ Group Life Insurance ................................................... 1050
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS .......... 1051
Subtitle A—Pay and Allowances ..................................................................... 1051
Fiscal year 2017 increase in military basic pay (sec. 601) ..................... 1051
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. 602) .............................................................. 1051
Extension of authority to provide temporary increase in rates of
basic allowance for housing under certain circumstances (sec. 603) . 1051
Reports on a new single-salary pay system for members of the Armed
Forces (sec. 604) ..................................................................................... 1051
Subtitle B—Bonuses and Special and Incentive Pays ................................... 1052
One-year extension of certain bonus and special pay authorities for
reserve forces (sec. 611) ......................................................................... 1052
One-year extension of certain bonus and special pay authorities for
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health care professionals (sec. 612) ...................................................... 1052

One-year extension of special pay and bonus authorities for nuclear
officers (sec. 613) .................................................................................... 1053

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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Con-
tinued
Subtitle B—Bonuses and Special and Incentive Pays—Continued
One-year extension of authorities relating to title 37 consolidated
special pay, incentive pay, and bonus authorities (sec. 614) .............. 1053
One-year extension of authorities relating to payment of other title
37 bonuses and special pays (sec. 615) ................................................ 1053
Aviation incentive pay and bonus matters (sec. 616) ............................. 1054
Conforming amendment to consolidation of special pay, incentive pay,
and bonus authorities (sec. 617) ........................................................... 1054
Technical amendments relating to 2008 consolidation of certain spe-
cial pay authorities (sec. 618) ............................................................... 1055
Subtitle C—Travel and Transportation Allowances ...................................... 1055
Maximum reimbursement amount for travel expenses of members
of the Reserves attending inactive duty training outside of normal
commuting distances (sec. 621) ............................................................ 1055
Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits ................. 1055
PART I—AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM ........ 1055
Election period for members in the service academies and inactive
Reserves to participate in the modernized retirement system (sec.
631) ......................................................................................................... 1055
Effect of separation of members from the uniformed services on par-
ticipation in the Thrift Savings Plan (sec. 632) .................................. 1055
Continuation pay for full Thrift Savings Plan members who have
completed 8 to 12 years of service (sec. 633) ....................................... 1056
Combat-related special compensation coordinating amendment (sec.
634) ......................................................................................................... 1056
PART II—OTHER MATTERS ............................................................................ 1056
Use of member’s current pay grade and years of service and retired
pay cost-of-living adjustments, rather than final retirement pay
grade and years of service, in a division of property involving
disposable retired pay (sec. 641) ........................................................... 1056
Equal benefits under Survivor Benefit Plan for survivors of reserve
component members who die in the line of duty during inactive-
duty training (sec. 642) ......................................................................... 1057
Authority to deduct Survivor Benefit Plan premiums from combat-
related special compensation when retired pay not sufficient (sec.
643) ......................................................................................................... 1057
Extension of allowance covering monthly premium for Servicemem-
bers’ Group Life Insurance while in certain overseas areas to cover
members in any combat zone or overseas direct support area (sec.
644) ......................................................................................................... 1057
Authority for payment of pay and allowances and retired and re-
tainer pay pursuant to power of attorney (sec. 645) ........................... 1057
Extension of authority to pay special survivor indemnity allowance
under Survivor Benefit Plan (sec. 646) ................................................ 1058
Repeal of obsolete authority for combat-related injury rehabilitation
pay (sec. 647) .......................................................................................... 1058
Independent assessment of the Survivor Benefit Plan (sec. 648) ......... 1058
Subtitle E—Commissary and Non-Appropriated Fund Instrumentality
Benefits and Operations ............................................................................... 1058
Protection and enhancement of access to and savings at commissaries
and exchanges (sec. 661) ....................................................................... 1058
Acceptance of Military Star Card at commissaries (sec. 662) ............... 1059
Subtitle F—Other Matters ............................................................................... 1060
Recovery of amounts owed to the United States by members of the
uniformed services (sec. 671) ................................................................ 1060
Modification of flat rate per diem requirement for personnel on long-
term temporary duty assignments (sec. 672) ...................................... 1061
Legislative Provisions Not Adopted ................................................................ 1061
Sense of the Congress on Roth contributions as default contributions
of members of the Armed Forces participating in the Thrift Savings
Plan under retired pay reform .............................................................. 1061
Sense of the Congress on options for members of the Armed Forces
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to designate payment of the death gratuity to a trust for a special

needs individual ..................................................................................... 1061

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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Con-
tinued
Legislative Provisions Not Adopted—Continued
Period for relocation of spouses and dependents of certain members
of the Armed Forces undergoing a permanent change of station ...... 1061
TITLE VII—HEALTH CARE PROVISIONS ......................................................... 1062
Subtitle A—Reform of TRICARE and Military Health System .................... 1062
TRICARE Select and other TRICARE Reform (sec. 701) ...................... 1062
Reform of administration of the Defense Health Agency and military
medical treatment facilities (sec. 702) ................................................. 1064
Military medical treatment facilities (sec. 703) ...................................... 1066
Access to urgent and primary care under TRICARE program (sec.
704) ......................................................................................................... 1067
Value-based purchasing and acquisition of managed care support
contracts for TRICARE program (sec. 705) ......................................... 1067
Establishment of high performance military-civilian integrated
health delivery systems (sec. 706) ........................................................ 1069
Joint Trauma System (sec. 707) ............................................................... 1070
Joint Trauma Education and Training Directorate (sec. 708) ............... 1070
Standardized system for scheduling medical appointments at military
treatment facilities (sec. 709) ................................................................ 1071
Subtitle B—Other Health Care Benefits ........................................................ 1072
Extended TRICARE program coverage for certain members of the
National Guard and dependents during certain disaster response
duty (sec. 711) ........................................................................................ 1072
Continuity of health care coverage for reserve components (sec. 712) . 1072
Provision of hearing aids to dependents of retired members (sec.
713) ......................................................................................................... 1074
Coverage of medically necessary food and vitamins for certain condi-
tions under the TRICARE program (sec. 714) .................................... 1074
Eligibility of certain beneficiaries under the TRICARE program for
participation in the Federal Employees Dental and Vision Insur-
ance Program (sec. 715) ........................................................................ 1074
Applied behavior analysis (sec. 716) ........................................................ 1074
Evaluation and treatment of veterans and civilians at military treat-
ment facilities (sec. 717) ........................................................................ 1075
Enhancement of use of telehealth services in military health system
(sec. 718) ................................................................................................. 1075
Authorization of reimbursement by Department of Defense to entities
carrying out state vaccination programs for costs of vaccines pro-
vided to covered beneficiaries (sec. 719) .............................................. 1076
Subtitle C—Health Care Administration ....................................................... 1076
Authority to convert military medical and dental positions to civilian
medical and dental positions (sec. 721) ............................................... 1076
Prospective payment of funds necessary to provide medical care for
the Coast Guard (sec. 722) .................................................................... 1077
Reduction of administrative requirements relating to automatic re-
newal of enrollments in TRICARE Prime (sec. 723) ........................... 1077
Modification of authority of Uniformed Services University of the
Health Sciences to include undergraduate and other medical edu-
cation and training programs (sec. 724) .............................................. 1077
Adjustment of medical services, personnel authorized strengths, and
infrastructure in military health system to maintain readiness and
core competencies of health care providers (sec. 725) ......................... 1078
Program to eliminate variability in health outcomes and improve
quality of health care services delivered in military medical treat-
ment facilities (sec. 726) ........................................................................ 1078
Acquisition strategy for health care professional staffing services (sec.
727) ......................................................................................................... 1079
Adoption of core quality performance metrics (sec. 728) ....................... 1080
Improvement of health outcomes and control of costs of health care
under TRICARE program through programs to involve covered
beneficiaries (sec. 729) ........................................................................... 1080
Accountability for the performance of the military health system
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of certain leaders within the system (sec. 730) ................................... 1081

Establishment of advisory committees for military treatment facili-
ties (sec. 731) .......................................................................................... 1082

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TITLE VII—HEALTH CARE PROVISIONS—Continued
Subtitle D—Reports and Other Matters ......................................................... 1082
Extension of authority for joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund and re-
port on implementation of information technology capabilities (sec.
741) ......................................................................................................... 1082
Pilot program on expansion of use of physician assistants to provide
mental health care to members of the Armed Forces (sec. 742) ........ 1082
Pilot program for prescription drug acquisition cost parity in the
TRICARE pharmacy benefits program (sec. 743) ............................... 1083
Pilot program on display of wait times at urgent care clinics and
pharmacies of military medical treatment facilities (sec. 744) .......... 1083
Requirement to review and monitor prescribing practices at military
treatment facilities of pharmaceutical agents for treatment of post-
traumatic stress (sec. 745) .................................................................... 1084
Department of Defense study on preventing the diversion of opioid
medications (sec. 746) ............................................................................ 1084
Incorporation into survey by Department of Defense of questions
on experiences of members of the Armed Forces with family plan-
ning services and counseling (sec. 747) ................................................ 1084
Assessment of transition to TRICARE program by families of mem-
bers of reserve components called to Active Duty and elimination
of certain charges for such families (sec. 748) ..................................... 1085
Oversight of graduate medical education programs of military depart-
ments (sec. 749) ..................................................................................... 1085
Study on health of helicopter and tiltrotor pilots (sec. 750) .................. 1086
Comptroller General reports on health care delivery and waste in
military health system (sec. 751) ......................................................... 1086
Legislative Provisions Not Adopted ................................................................ 1086
Modifications of cost-sharing requirements for the TRICARE phar-
macy benefits program and treatment of certain pharmaceutical
agents ...................................................................................................... 1086
Pilot program on treatment of members of the Armed Forces for
post-traumatic stress disorder related to military sexual trauma .... 1087
Selection of commanders and directors of military treatment facilities
and tours of duty of commanders of such facilities ............................. 1087
Use of mefloquine for malaria .................................................................. 1087
Mental health resources for members of the military services at
high risk of suicide ................................................................................ 1088
Research of chronic traumatic encephalopathy ...................................... 1088
Active oscillating negative pressure treatment ...................................... 1088
Report on feasibility of including acupuncture and chiropractic serv-
ices for retirees under TRICARE program .......................................... 1088
Clarification of submission of reports on longitudinal study on trau-
matic brain injury .................................................................................. 1088
Increased collaboration with NIH to combat triple negative breast
cancer ...................................................................................................... 1089
Memoranda of agreement with institutions of higher education that
offer degrees in allopathic or osteopathic medicine ............................ 1089
Prohibition on conduct of certain medical research and development
projects .................................................................................................... 1089
Report on plan to improve pediatric care and related services for
children of members of the Armed Forces ........................................... 1090
Treatment of certain provisions relating to limitations, transparency,
and oversight regarding medical research conducted by the Depart-
ment of Defense ..................................................................................... 1090
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS ......................................................................................... 1090
Subtitle A—Acquisition Policy and Management .......................................... 1090
Rapid acquisition authority amendments (sec. 801) .............................. 1090
Authority for temporary service of Principal Military Deputies to
the Assistant Secretaries of the military departments for acquisi-
tion as Acting Assistant Secretaries (sec. 802) .................................... 1090
Modernization of services acquisition (sec. 803) ..................................... 1090
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Defense Modernization Account amendments (sec. 804) ....................... 1091

Subtitle B—Department of Defense Acquisition Agility ............................... 1091

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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS—Continued
Subtitle B—Department of Defense Acquisition Agility—Continued
Modular open system approach in development of major weapon
systems (sec. 805) .................................................................................. 1091
Development, prototyping, and deployment of weapon system compo-
nents or technology (sec. 806) ............................................................... 1091
Cost, schedule, and performance of major defense acquisition pro-
grams (sec. 807) ..................................................................................... 1092
Transparency in major defense acquisition programs (sec. 808) ........... 1092
Amendments relating to technical data rights (sec. 809) ...................... 1093
Subtitle C—Amendments to General Contracting Authorities, Procedures,
and Limitations ............................................................................................. 1094
Modified restrictions on undefinitized contractual actions (sec. 811) ... 1094
Amendments relating to inventory and tracking of purchases of serv-
ices (sec. 812) .......................................................................................... 1095
Use of lowest price technically acceptable source selection process
(sec. 813) ................................................................................................. 1095
Limitation of use of reverse auctions and lowest price technically
acceptable contracting methods for procurement of personal protec-
tive equipment (sec. 814) ...................................................................... 1096
Amendments related to detection and avoidance of counterfeit elec-
tronic parts (sec. 815) ............................................................................ 1096
Amendments to special emergency procurement authority (sec. 816) .. 1096
Compliance with domestic source requirements for footwear fur-
nished to enlisted members of the Armed Forces upon their initial
entry into the Armed Forces (sec. 817) ................................................ 1097
Extension of authority for enhanced transfer of technology developed
at Department of Defense laboratories (sec. 818) ............................... 1097
Modified notification requirement for exercise of waiver authority
to acquire vital national security capabilities (sec. 819) .................... 1098
Defense cost accounting standards (sec. 820) ......................................... 1098
Increased micro-purchase threshold applicable to Department of De-
fense procurements (sec. 821) ............................................................... 1098
Enhanced competition requirements (sec. 822) ...................................... 1099
Revision to effective date of senior executive benchmark compensa-
tion for allowable cost limitations (sec. 823) ....................................... 1099
Treatment of independent research and development costs on certain
contracts (sec. 824) ................................................................................ 1099
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. 825) ............................... 1100
Extension of program for comprehensive small business contracting
plans (sec. 826) ....................................................................................... 1100
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 proce-
dures (sec. 827) ...................................................................................... 1100
Defense Acquisition Challenge Program amendments (sec. 828) .......... 1101
Preference for fixed-price contracts (sec. 829) ......................................... 1101
Requirement to use firm fixed-price contracts for foreign military
sales (sec. 830) ....................................................................................... 1101
Preference for performance-based contractual payments (sec. 831) ..... 1102
Contractor incentives to achieve savings and improve mission per-
formance (sec. 832) ................................................................................ 1102
Sunset and repeal of certain contracting provisions (sec. 833) ............. 1102
Flexibility in contracting award program (sec. 834) ............................... 1103
Protection of task order competition (sec. 835) ....................................... 1103
Contract closeout authority (sec. 836) ..................................................... 1103
Closeout of old Department of the Navy contracts (sec. 837) ................ 1103
Subtitle D—Provisions Relating to Major Defense Acquisition Programs .. 1104
Change in date of submission to Congress of Selected Acquisition
Reports (sec. 841) ................................................................................... 1104
Amendments relating to independent cost estimation and cost anal-
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ysis (sec. 842) ......................................................................................... 1104

Revisions to Milestone B determinations (sec. 843) ............................... 1104

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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS—Continued
Subtitle D—Provisions Relating to Major Defense Acquisition Programs—
Continued
Review and report on sustainment planning in the acquisition proc-
ess (sec. 844) ........................................................................................... 1105
Revision to distribution of annual report on operational test and
evaluation (sec. 845) .............................................................................. 1105
Repeal of major automated information systems provisions (sec. 846) 1105
Revisions to definition of major defense acquisition program (sec.
847) ......................................................................................................... 1105
Acquisition strategy (sec. 848) .................................................................. 1106
Improved life-cycle cost control (sec. 849) ............................................... 1106
Authority to designate increments or blocks of items delivered under
major defense acquisition programs as major subprograms for pur-
poses of acquisition reporting (sec. 850) .............................................. 1107
Reporting of small business participation on Department of Defense
programs (sec. 851) ................................................................................ 1107
Waiver of congressional notification for acquisition of tactical missiles
and munitions greater than quantity specified in law (sec. 852) ...... 1108
Multiple program multiyear contract pilot demonstration program
(sec. 853) ................................................................................................. 1108
Key performance parameter reduction pilot program (sec. 854) ........... 1108
Mission integration management (sec. 855) ............................................ 1108
Subtitle E—Provisions Relating to Acquisition Workforce ........................... 1109
Project management (sec. 861) ................................................................. 1109
Authority to waive tenure requirement for program managers for
program definition and program execution periods (sec. 862) ........... 1109
Purposes for which the Department of Defense Acquisition Workforce
Development Fund may be used; advisory panel amendments (sec.
863) ......................................................................................................... 1110
Department of Defense Acquisition Workforce Development Fund de-
termination adjustment (sec. 864) ........................................................ 1110
Limitations on funds used for staff augmentation contracts at man-
agement headquarters of the Department of Defense and the mili-
tary departments (sec. 865) .................................................................. 1111
Senior Military Acquisition Advisors in the Defense Acquisition
Corps (sec. 866) ...................................................................................... 1111
Authority of the Secretary of Defense under the acquisition dem-
onstration project (sec. 867) .................................................................. 1112
Subtitle F—Provisions Related to Commercial Items ................................... 1112
Market research for determination of price reasonableness in acquisi-
tion of commercial items (sec. 871) ...................................................... 1112
Value analysis for the determination of price reasonableness (sec.
872) ......................................................................................................... 1112
Clarification of requirements relating to commercial item determina-
tions (sec. 873) ....................................................................................... 1113
Inapplicability of certain laws and regulations to the acquisition of
commercial items and commercially available off-the-shelf items
(sec. 874) ................................................................................................. 1113
Use of commercial or non-Government standards in lieu of military
specifications and standards (sec. 875) ................................................ 1113
Preference for commercial services (sec. 876) ......................................... 1113
Treatment of commingled items purchased by contractors as commer-
cial items (sec. 877) ............................................................................... 1114
Treatment of services provided by nontraditional contractors as com-
mercial items (sec. 878) ......................................................................... 1114
Defense pilot program for authority to acquire innovative commercial
items, technologies, and services using general solicitation competi-
tive procedures (sec. 879) ...................................................................... 1114
Pilot programs for authority to acquire innovative commercial items
using general solicitation competitive procedures (sec. 880) .............. 1115
Subtitle G—Industrial Base Matters .............................................................. 1115
Greater integration of the national technology industrial base (sec.
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881) ......................................................................................................... 1115

Integration of civil and military roles in attaining national technology
and industrial base objectives (sec. 882) .............................................. 1115

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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS—Continued
Subtitle G—Industrial Base Matters—Continued
Pilot program for distribution support and services for weapon sys-
tems contractors (sec. 883) .................................................................... 1116
Nontraditional and small contractor innovation prototyping program
(sec. 884) ................................................................................................. 1116
Subtitle H—Other Matters .............................................................................. 1116
Report on bid protests (sec. 885) .............................................................. 1116
Review and report on indefinite delivery contracts (sec. 886) ............... 1117
Review and report on contractual flow-down provisions (sec. 887) ....... 1117
Requirement and review relating to use of brand names or brand-
name or equivalent descriptions in solicitations (sec. 888) ................ 1117
Inclusion of information on common grounds for sustaining bid pro-
tests in annual Government Accountability Office reports to Con-
gress (sec. 889) ....................................................................................... 1118
Study and report on contracts awarded to minority-owned and
women-owned businesses (sec. 890) ..................................................... 1118
Authority to provide reimbursable auditing services to certain non-
Defense Agencies (sec. 891) ................................................................... 1118
Selection of service providers for auditing services and audit readi-
ness services (sec. 892) .......................................................................... 1118
Amendments to contractor business system requirements (sec. 893) ... 1118
Improved management practices to reduce cost and improve perform-
ance of certain Department of Defense organizations (sec. 894) ....... 1119
Exemption from requirement for capital planning and investment
control for information technology equipment included as integral
part of a weapon or weapon system (sec. 895) .................................... 1119
Modifications to pilot program for streamlining awards for innovative
technology projects (sec. 896) ................................................................ 1119
Rapid prototyping funds for the military departments (sec. 897) ......... 1120
Establishment of Panel on Department of Defense and AbilityOne
Contracting Oversight, Accountability, and Integrity; Defense Ac-
quisition University training (sec. 898) ............................................... 1120
Coast Guard major acquisition programs (sec. 899) ............................... 1120
Enhanced authority to acquire products and services produced in
Africa in support of covered activities (sec. 899A) .............................. 1121
Legislative Provisions Not Adopted ................................................................ 1122
Revision to authorities relating to Department of Defense Test Re-
source Management Center .................................................................. 1122
Repeal of temporary suspension of public-private competitions for
conversion of Department of Defense functions to performance by
contractors .............................................................................................. 1122
Requirement for policies and standard checklist in procurement of
services ................................................................................................... 1122
Non-traditional contractor definition ....................................................... 1122
Revision to definition of commercial item ............................................... 1122
Government Accountability Office bid protest reforms .......................... 1123
Penalties for the use of cost-type contracts ............................................. 1123
Nonapplicability of certain executive order to Department of Defense
and National Nuclear Security Administration .................................. 1123
Requirement that certain ship components be manufactured in the
national technology and industrial base .............................................. 1123
Use of economy-wide inflation index to calculate percentage increase
in unit costs ............................................................................................ 1123
Modifications to the justification and approval process for certain
sole-source contracts for small business concerns ............................... 1124
Briefing on design-build construction process for defense contracts ..... 1124
Assessment of outreach for small business concerns owned and con-
trolled by women and minorities required before conversion of cer-
tain functions to contractor performance ............................................. 1124
Enhanced use of data analytics to improve acquisition program out-
comes ...................................................................................................... 1125
Department of Defense exemptions from certain regulations ............... 1126
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Use of non-cost type contracts to acquire commercial items ................. 1126

Modified requirements for distribution of assistance under procure-
ment technical assistance cooperative agreements ............................. 1127

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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS—Continued
Legislative Provisions Not Adopted—Continued
Working capital fund for precision guided munitions exports in sup-
port of contingency operations .............................................................. 1127
Director of Developmental Test and Evaluation ..................................... 1127
Improved transparency and oversight over Department of Defense
research, development, test, and evaluation efforts and procure-
ment activities related to medical research ......................................... 1129
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGE-
MENT .................................................................................................................... 1129
Subtitle A—Office of the Secretary of Defense and Related Matters .......... 1129
Organization of the Office of the Secretary of Defense (sec. 901) ......... 1129
Responsibilities and reporting of the Chief Information Officer of
the Department of Defense (sec. 902) .................................................. 1131
Maximum number of personnel in Office of the Secretary of Defense
and other Department of Defense headquarters offices (sec. 903) .... 1132
Repeal of Financial Management Modernization Executive Commit-
tee (sec. 904) ........................................................................................... 1132
Subtitle B—Organization and Management of the Department of Defense
Generally ....................................................................................................... 1133
Organizational Strategy for the Department of Defense (sec. 911) ...... 1133
Policy, organization, and management goals and priorities of the
Secretary of Defense for the Department of Defense (sec. 912) ......... 1134
Secretary of Defense delivery unit (sec. 913) .......................................... 1134
Performance of civilian functions by military personnel (sec. 914) ....... 1134
Repeal of requirements relating to efficiencies plan for the civilian
personnel workforce and service contractor workforce of the De-
partment of Defense (sec. 915) ............................................................. 1135
Subtitle C—Joint Chiefs of Staff and Combatant Command Matters ......... 1135
Joint Chiefs of Staff and related combatant command matters (sec.
921) ......................................................................................................... 1135
Organization of the Department of Defense for management of spe-
cial operations forces and special operations (sec. 922) ...................... 1136
Establishment of Unified Combatant Command for Cyber Operations
(sec. 923) ................................................................................................. 1138
Assigned forces of the combatant commands (sec. 924) ......................... 1139
Modifications to the requirements process (sec. 925) ............................. 1139
Assessments of combatant command structure (sec. 926) ..................... 1140
Subtitle D—Organization and Management of Other Department of De-
fense Offices and Elements .......................................................................... 1141
Qualifications for appointment of the Secretaries of the military de-
partments (sec. 931) .............................................................................. 1141
Enhanced personnel management authorities for the Chief of the
National Guard Bureau (sec. 932) ........................................................ 1141
Reorganization and redesignation of Office of Family Policy and Of-
fice of Community Support for Military Families with Special
Needs (sec. 933) ..................................................................................... 1141
Redesignation of Assistant Secretary of the Air Force for Acquisition
as Assistant Secretary of the Air Force for Acquisition, Technology,
and Logistics (sec. 934) .......................................................................... 1141
Subtitle E—Strategies, Reports, and Related Matters .................................. 1142
National Defense Strategy (sec. 941) ....................................................... 1142
Commission on the National Defense Strategy for the United States
(sec. 942) ................................................................................................. 1142
Reform of the national military strategy (sec. 943) ................................ 1142
Form of annual national security strategy report (sec. 944) ................. 1142
Modification to independent study of national security strategy for-
mulation process (sec. 945) ................................................................... 1143
Subtitle F—Other Matters ............................................................................... 1143
Enhanced security programs for Department of Defense personnel
and innovation initiatives (sec. 951) .................................................... 1143
Modification of authority of the Secretary of Defense relating to
protection of the Pentagon Reservation and other Department of
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Defense facilities in the National Capital Region (sec. 952) .............. 1143

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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGE-
MENT—Continued
Subtitle F—Other Matters—Continued
Modifications to requirements for accounting for members of the
Armed Forces and Department of Defense civilian employees listed
as missing (sec. 953) .............................................................................. 1144
Modifications to corrosion report (sec. 954) ............................................. 1144
Legislative Provisions Not Adopted ................................................................ 1144
Sense of Congress on Goldwater-Nichols Reform ................................... 1144
Authority to employ civilian faculty members at Joint Special Oper-
ations University ................................................................................... 1144
Public release by inspectors general of reports of misconduct .............. 1144
Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps ............................................................. 1145
TITLE X—GENERAL PROVISIONS ..................................................................... 1145
Subtitle A—Financial Matters ........................................................................ 1145
General transfer authority (sec. 1001) .................................................... 1145
Report on auditable financial statements (sec. 1002) ............................ 1145
Increased use of commercial data integration and analysis products
for the purpose of preparing financial statement audits (sec. 1003) . 1146
Sense of Congress on sequestration (sec. 1004) ...................................... 1146
Requirement to transfer funds from Department of Defense Acquisi-
tion Workforce Development Fund to the Treasury (sec. 1005) ........ 1146
Subtitle B—Counter-Drug Activities .............................................................. 1146
Codification and modification of authority to provide support for
counter-drug activities and activities to counter transnational orga-
nized crime of civilian law enforcement agencies (sec. 1011) ............ 1146
Secretary of Defense review of curricula and program structures
of National Guard counterdrug schools (sec. 1012) ............................ 1147
Extension of authority to support unified counterdrug and counterter-
rorism campaign in Colombia (sec. 1013) ............................................ 1147
Enhancement of information sharing and coordination of military
training between Department of Homeland Security and Depart-
ment of Defense (sec. 1014) .................................................................. 1148
Subtitle C—Naval Vessels and Shipyards ...................................................... 1148
Definition of short-term work with respect to overhaul, repair, or
maintenance of naval vessels (sec. 1021) ............................................. 1148
Warranty requirements for shipbuilding contracts (sec. 1022) ............. 1148
National Sea-Based Deterrence Fund (sec. 1023) ................................... 1149
Availability of funds for retirement or inactivation of Ticonderoga-
class cruisers or dock landing ships (sec. 1024) .................................. 1149
Subtitle D—Counterterrorism ......................................................................... 1150
Frequency of counterterrorism operations briefings (sec. 1031) ............ 1150
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. 1032) ............................................................ 1150
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. 1033) ............................ 1150
Prohibition on use of funds for transfer or release to certain countries
of individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba (sec. 1034) .................................................................. 1151
Prohibition on use of funds for realignment of forces at or closure
of United States Naval Station, Guantanamo Bay, Cuba (sec.
1035) ....................................................................................................... 1151
Subtitle E—Miscellaneous Authorities and Limitations ............................... 1151
Expanded authority for transportation by the Department of Defense
of non-Department of Defense personnel and cargo (sec. 1041) ........ 1151
Reduction in minimum number of Navy carrier air wings and carrier
air wing headquarters required to be maintained (sec. 1042) ........... 1151
Modification to support for non-Federal development and testing of
material for chemical agent defense (sec. 1043) .................................. 1152
Protection of certain Federal spectrum operations (sec. 1044) .............. 1152
Prohibition on use of funds for retirement of legacy maritime mine
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countermeasures platforms (sec. 1045) ................................................ 1152

Extension of authority of Secretary of Transportation to issue non-
premium aviation insurance (sec. 1046) .............................................. 1152

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TITLE X—GENERAL PROVISIONS—Continued
Subtitle E—Miscellaneous Authorities and Limitations—Continued
Evaluation of Navy alternate combination cover and unisex combina-
tion cover (sec. 1047) ............................................................................. 1153
Independent evaluation of Department of Defense excess property
program (sec. 1048) ................................................................................ 1153
Waiver of certain polygraph examination requirements (sec. 1049) ..... 1154
Use of transportation worker identification credential to gain access
at Department of Defense installations (sec. 1050) ............................ 1154
Limitation on availability of funds for destruction of certain land-
mines and briefing on development of replacement anti-personnel
landmine munitions (sec. 1051) ............................................................ 1154
Transition of Air Force to operation of remotely piloted aircraft by
enlisted personnel (sec. 1052) ............................................................... 1155
Prohibition on divestment of Marine Corps Search and Rescue Units
(sec. 1053) ............................................................................................... 1155
Support for the Associate Director of Central Intelligence for Military
Affairs (sec. 1054) .................................................................................. 1155
Notification on the provision of defense sensitive support (sec. 1055) .. 1155
Prohibition on enforcement of military commission rulings preventing
members of the Armed Forces from carrying out otherwise lawful
duties based on member sex (sec. 1056) .............................................. 1156
Congressional notification requirements for sensitive military oper-
ations (sec. 1057) .................................................................................... 1156
Subtitle F—Studies and Reports ..................................................................... 1156
Temporary continuation of certain Department of Defense reporting
requirements (sec. 1061) ....................................................................... 1156
Reports on programs managed under alternative compensatory con-
trol measures in the Department of Defense (sec. 1062) .................... 1156
Matters for inclusion in report on designation of countries for which
rewards may be paid under Department of Defense rewards pro-
gram (sec. 1063) ..................................................................................... 1157
Annual reports on unfunded priorities of the Armed Forces and the
combatant commands and annual report on combatant command
requirements (sec. 1064) ....................................................................... 1157
Management and reviews of electromagnetic spectrum (sec. 1065) ...... 1157
Requirement for notice and reporting to Committees on Armed Serv-
ices of certain expenditures of funds by Defense Intelligence Agen-
cy (sec. 1066) .......................................................................................... 1158
Congressional notification of biological select agent and toxin theft,
loss, or release involving the Department of Defense (sec. 1067) ...... 1158
Report on service-provided support and enabling capabilities to
United States special operations forces (sec. 1068) ............................ 1158
Report on citizen security responsibilities in the Northern Triangle
of Central America (sec. 1069) .............................................................. 1158
Report on counterproliferation activities and programs (sec. 1070) ..... 1159
Report on testing and integration of minehunting sonar systems to
improve Littoral Combat Ship minehunting capabilities (sec. 1071) 1159
Quarterly reports on parachute jumps conducted at Fort Bragg and
Pope Army Airfield and Air Force support for such jumps (sec.
1072) ....................................................................................................... 1159
Study on military helicopter noise (sec. 1073) ........................................ 1159
Independent review of United States military strategy and force pos-
ture in the United States Pacific Command area of responsibility
(sec. 1074) ............................................................................................... 1159
Assessment of the joint ground forces of the Armed Forces (sec.
1075) ....................................................................................................... 1160
Subtitle G—Other Matters .............................................................................. 1160
Technical and clerical amendments (sec. 1081) ...................................... 1160
Increase in maximum amount available for equipment, services, and
supplies provided for humanitarian demining assistance (sec.
1082) ....................................................................................................... 1160
Liquidation of unpaid credits accrued as a result of transactions
under a cross-servicing agreement (sec. 1083) .................................... 1161
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Modification of requirements relating to management of military

technicians (sec. 1084) ........................................................................... 1161
Streamlining of the National Security Council (sec. 1085) .................... 1161

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TITLE X—GENERAL PROVISIONS—Continued
Subtitle G—Other Matters—Continued
National biodefense strategy (sec. 1086) ................................................. 1161
Global Cultural Knowledge Network (sec. 1087) .................................... 1162
Sense of Congress regarding Connecticut’s Submarine Century (sec.
1088) ....................................................................................................... 1162
Sense of Congress regarding the reporting of the MV–22 mishap
in Marana, Arizona, on April 8, 2000 (sec. 1089) ............................... 1162
Cost of wars (sec. 1090) ............................................................................ 1162
Reconnaissance Strike Group matters (sec. 1091) .................................. 1162
Border security metrics (sec. 1092) .......................................................... 1163
Program to commemorate the 100th anniversary of the Tomb of
the Unknown Soldier (sec. 1093) .......................................................... 1163
Sense of Congress regarding the OCONUS basing of the KC–46A
aircraft (sec. 1094) ................................................................................. 1163
Designation of a Department of Defense Strategic Arctic Port (sec.
1095) ....................................................................................................... 1163
Recovery of Excess Rifles, Ammunition, and Parts Granted to Foreign
Countries and Transfer to Certain Persons (sec. 1096) ...................... 1164
Legislative Provisions Not Adopted ................................................................ 1164
Delegation to Chairman of Joint Chiefs of Staff of authority to direct
transfer of forces .................................................................................... 1164
Management of Defense clandestine human intelligence collection ..... 1164
Extension of authority to provide additional support for counter-
drug activities of foreign governments ................................................. 1164
Funding for counter narcotics operations ................................................ 1165
Report on efforts of United States Southern Command to detect
and monitor drug trafficking ................................................................ 1165
Prohibition on reprogramming requests for funds for transfer or re-
lease, or construction for transfer or release, of individuals de-
tained at United States Naval Station, Guantanamo Bay, Cuba ...... 1165
Designing and planning related to construction of certain facilities
in the United States .............................................................................. 1166
Authority to transfer individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States temporarily
for emergency or critical medical treatment ....................................... 1166
Authority for Article III judges to take certain actions relating to
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba ............................................................................................... 1166
Requirement for Memorandum of Understanding Regarding Transfer
of Detainees ............................................................................................ 1166
Limitation on transfer of detainees at United States Naval Station,
Guantanamo Bay, Cuba, pending a report on their terrorist actions
and affiliations ....................................................................................... 1166
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 .......... 1167
Restrictions on the overhaul and repair of vessels in foreign ship-
yards ....................................................................................................... 1167
Restrictions on use of rocket engines from the Russian Federation
for space launch of national security satellites ................................... 1167
Limitations on use of rocket engines from the Russian Federation
to achieve assured access to space ....................................................... 1167
Transportation on military aircraft on a space-available basis for
members and former members of the Armed Forces with disabil-
ities rated as total .................................................................................. 1167
National Guard flyovers of public events ................................................ 1168
Application of Freedom of Information Act to the National Security
Council .................................................................................................... 1168
Exemption of information on military tactics, techniques, and proce-
dures from release under Freedom of Information Act ...................... 1168
Annual report on personnel, training, and equipment requirements
for the non-federalized National Guard to support civilian authori-
ties in prevention and response to domestic disasters ....................... 1169
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Briefing on criteria for determining locations of Air Force Installation

and Mission Support Center headquarters ......................................... 1169
Briefing on real property inventory ......................................................... 1169

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TITLE X—GENERAL PROVISIONS—Continued
Legislative Provisions Not Adopted—Continued
Report on adjustment and diversification assistance ............................. 1169
Briefing on the protection of personally identifying information of
members of the Armed Forces .............................................................. 1170
Report on priorities for bed downs, basing criteria, and special mis-
sion units for C–130J aircraft of the Air Force ................................... 1171
Clarification of contracts covered by airlift service provision ................ 1171
LNG permitting certainty and transparency .......................................... 1171
Transfer of surplus firearms to Corporation for the Promotion of
Rifle Practice and Firearms Safety ...................................................... 1171
Sense of Congress regarding the importance of Panama City, Florida,
to the history and future of the Armed Forces .................................... 1172
Protection against misuse of Naval Special Warfare Command insig-
nia ........................................................................................................... 1172
Protections relating to civil rights and disabilities ................................ 1172
Determination and disclosure of transportation costs incurred by Sec-
retary of Defense for congressional trips outside the United States . 1172
Sense of Congress regarding American veterans disabled for life ........ 1173
Maritime Occupational Safety and Health Advisory Committee .......... 1173
Sense of Congress regarding United States Northern Command Pre-
paredness ................................................................................................ 1173
Workforce issues for relocation of marines to Guam .............................. 1173
Review of Department of Defense debt collection regulations ............... 1174
Importance of role played by women in World War II ........................... 1174
Prohibition on modification, abrogation, or other related actions with
respect to United States jurisdiction and control over United States
Naval Station, Guantanamo Bay, Cuba, without congressional ac-
tion .......................................................................................................... 1174
Pilot’s Bill of Rights 2 ............................................................................... 1175
Comprehensive strategy for detention of certain individuals ................ 1175
Declassification of information on past terrorist activities of detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba ........................................................................................................ 1175
TITLE XI—CIVILIAN PERSONNEL MATTERS ................................................. 1175
Subtitle A—Department of Defense Matters Generally ................................ 1175
Civilian personnel management (sec. 1101) ............................................ 1175
Repeal of requirement for annual strategic workforce plan for the
Department of Defense (sec. 1102) ....................................................... 1176
Training for employment personnel of Department of Defense on
matters relating to authorities for recruitment and retention at
United States Cyber Command (sec. 1103) ......................................... 1176
Public-private talent exchange (sec. 1104) .............................................. 1176
Temporary and term appointments in the competitive service in the
Department of Defense (sec. 1105) ....................................................... 1177
Direct-hire authority for the Department of Defense for post-sec-
ondary students and recent graduates (sec. 1106) .............................. 1177
Temporary increase in maximum amount of voluntary separation
incentive pay authorized for civilian employees of the Department
of Defense (sec. 1107) ............................................................................ 1177
Extension of the rate of overtime pay for Department of the Navy
employees performing work aboard or dockside in support of the
nuclear-powered aircraft carrier forward deployed in Japan (sec.
1108) ....................................................................................................... 1178
Limitation on number of DOD SES positions (sec. 1109) ...................... 1178
Direct hire authority for financial management experts into the De-
partment of Defense workforce (sec. 1110) .......................................... 1178
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) ........................................................................ 1179
Subtitle B—Department of Defense Science and Technology Laboratories
and Related Matters ..................................................................................... 1179
Permanent personnel management authority for the Department of
Defense for experts in science and engineering (sec. 1121) ............... 1179
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Codification and modification of certain authorities for certain posi-

tions at Department of Defense research and engineering laborato-
ries (sec. 1122) ........................................................................................ 1179

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TITLE XI—CIVILIAN PERSONNEL MATTERS—Continued
Subtitle B—Department of Defense Science and Technology Laboratories
and Related Matters—Continued
Modification to information technology personnel exchange program
(sec. 1123) ............................................................................................... 1179
Pilot program on enhanced pay authority for certain research and
technology positions in the science and technology reinvention lab-
oratories of the Department of Defense (sec. 1124) ............................ 1180
Temporary direct hire authority for domestic defense industrial base
facilities, the Major Range and Test Facilities Base, and the Office
of the Director of Operational Test and Evaluation (sec. 1125) ........ 1180
Subtitle C—Government-Wide Matters .......................................................... 1180
Elimination of two-year eligibility limitation for noncompetitive ap-
pointment of spouses of members of the Armed Forces (sec. 1131) .. 1180
Temporary personnel flexibilities for domestic defense industrial base
facilities and Major Range and Test Facilities Base civilian per-
sonnel (sec. 1132) ................................................................................... 1181
One-year extension of temporary authority to grant allowances, bene-
fits, and gratuities to civilian personnel on official duty in a combat
zone (sec. 1133) ...................................................................................... 1181
Advance payments for employees relocating within the United States
and its territories (sec. 1134) ................................................................ 1181
Eligibility of employees in a time-limited appointment to compete
for a permanent appointment at any Federal agency (sec. 1135) ...... 1181
Review of official personnel file of former Federal employee before
rehiring (sec. 1136) ................................................................................ 1181
One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian
employees working overseas (sec. 1137) .............................................. 1182
Administrative leave (sec. 1138) .............................................................. 1182
Direct hiring for Federal wage schedule employees (sec. 1139) ............ 1182
Record of investigation of personnel action in separated employee’s
official personnel file (sec. 1140) ........................................................... 1183
Legislative Provisions Not Adopted ................................................................ 1183
Treatment of certain localities for calculation of per diem allowances . 1183
Pilot programs on career sabbaticals for Department of Defense civil-
ian employees ......................................................................................... 1183
Report on Department of Defense civilian workforce personnel and
contractors .............................................................................................. 1183
Appointment authority for uniquely qualified prevailing rate employ-
ees ........................................................................................................... 1183
Limitation on preference eligible hiring preferences for permanent
employees in the competitive service ................................................... 1183
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS .......................... 1184
Subtitle A—Assistance and Training .............................................................. 1184
One-year extension of logistical support for coalition forces sup-
porting certain United States military operations (sec. 1201) ........... 1184
Special Defense Acquisition Fund matters (sec. 1202) ........................... 1185
Codification of authority for support of special operations to combat
terrorism (sec. 1203) .............................................................................. 1185
Independent evaluation of Strategic Framework for Department of
Defense security cooperation (sec. 1204) .............................................. 1186
Sense of Congress regarding an assessment, monitoring, and evalua-
tion framework for security cooperation (sec. 1205) ........................... 1186
Subtitle B—Matters Relating to Afghanistan and Pakistan ........................ 1186
Extension and modification of Commanders’ Emergency Response
Program (sec. 1211) ............................................................................... 1186
Extension of authority to acquire products and services produced
in countries along a major route of supply to Afghanistan (sec.
1212) ....................................................................................................... 1187
Extension and modification of authority to transfer defense articles
and provide defense services to the military and security forces
of Afghanistan (sec. 1213) ..................................................................... 1187
Special immigrant status for certain Afghans (sec. 1214) ..................... 1187
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Modification to semiannual report on enhancing security and sta-

bility in Afghanistan (sec. 1215) ........................................................... 1187

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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued
Subtitle B—Matters Relating to Afghanistan and Pakistan—Continued
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. 1216) ........... 1188
Improvement of oversight of United States Government efforts in
Afghanistan (sec. 1217) ......................................................................... 1188
Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States military
operations (sec. 1218) ............................................................................ 1188
Subtitle C—Matters Relating to Syria, Iraq, and Iran ................................. 1190
Modification and extension of authority to provide assistance to the
vetted Syrian opposition (sec. 1221) ..................................................... 1190
Modification and extension of authority to provide assistance to
counter the Islamic State of Iraq and the Levant (sec. 1222) ............ 1190
Extension and modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq (sec. 1223) ... 1191
Limitation on provision of man-portable air defense systems to the
vetted Syrian opposition during fiscal year 2017 (sec. 1224) ............. 1191
Modification of annual report on military power of Iran (sec. 1225) .... 1191
Quarterly report on confirmed ballistic missile launches from Iran
(sec. 1226) ............................................................................................... 1192
Subtitle D—Matters Relating to the Russian Federation ............................. 1192
Military response options to Russian Federation violation of INF
Treaty (sec. 1231) ................................................................................... 1192
Limitation on military cooperation between the United States and
the Russian Federation (sec. 1232) ...................................................... 1193
Extension and modification of authority on training for Eastern Euro-
pean national military forces in the course of multilateral exercises
(sec. 1233) ............................................................................................... 1193
Prohibition on availability of funds relating to sovereignty of the
Russian Federation over Crimea (sec. 1234) ....................................... 1194
Annual report on military and security developments involving the
Russian Federation (sec. 1235) ............................................................. 1194
Limitation on use of funds to vote to approve or otherwise adopt
any implementing decision of the Open Skies Consultative Com-
mission and related requirements (sec. 1236) ..................................... 1194
Extension and enhancement of Ukraine Security Assistance Initiative
(sec. 1237) ............................................................................................... 1195
Subtitle E—Reform of Department of Defense Security Cooperation .......... 1196
Enactment of new chapter for defense security cooperation (sec.
1241) ....................................................................................................... 1196
Military-to-military exchanges (sec. 1242) .............................................. 1200
Consolidation and revision of authorities for payment of personnel
expenses necessary for theater security cooperation (sec. 1243) ....... 1200
Transfer and revision of certain authorities on payment of expenses
of training and exercises with friendly foreign forces (sec. 1244) ...... 1200
Transfer and revision of authority to provide operational support
to forces of friendly foreign countries (sec. 1245) ................................ 1201
Department of Defense State Partnership Program (sec. 1246) ........... 1201
Transfer of authority on regional defense combating terrorism fellow-
ship program (sec. 1247) ....................................................................... 1201
Consolidation of authorities for service academy international en-
gagement (sec. 1248) ............................................................................. 1202
Consolidated annual budget for security cooperation programs and
activities of the Department of Defense (sec. 1249) ............................ 1202
Department of Defense security cooperation workforce development
(sec. 1250) ............................................................................................... 1202
Reporting requirements (sec. 1251) ......................................................... 1204
Quadrennial Review of Security Sector Assistance Program and Au-
thorities of the United States Government (sec. 1252) ...................... 1204
Other conforming amendments and authority for administration (sec.
1253) ....................................................................................................... 1204
Subtitle F—Human Rights Sanctions ............................................................. 1204
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Global Magnitsky Human Rights Accountability Act (secs. 1261–

1265) ....................................................................................................... 1204
Subtitle G—Miscellaneous Reports ................................................................. 1205

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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued
Subtitle G—Miscellaneous Reports—Continued
Modification of annual report on military and security developments
involving the People’s Republic of China (sec. 1271) .......................... 1205
Monitoring and evaluation of overseas humanitarian, disaster, and
civic aid programs of the Department of Defense (sec. 1272) ............ 1205
Strategy for United States defense interests in Africa (sec. 1273) ....... 1205
Report on the potential for cooperation between the United States
and Israel on directed energy capabilities (sec. 1274) ........................ 1205
Annual update of Department of Defense Freedom of Navigation
Report (sec. 1275) .................................................................................. 1206
Reports on INF Treaty and Open Skies Treaty (sec. 1276) ................... 1206
Assessment of proliferation of certain remotely piloted aircraft sys-
tems (sec. 1277) ...................................................................................... 1206
Subtitle H—Other Matters .............................................................................. 1207
Enhancement of interagency support during contingency operations
and transition periods (sec. 1281) ........................................................ 1207
Two-year extension and modification of authorization of non-conven-
tional assisted recovery capabilities (sec. 1282) .................................. 1207
Authority to destroy certain specified World War II-era United
States-origin chemical munitions located on San Jose Island, Re-
public of Panama (sec. 1283) ................................................................ 1207
Sense of Congress on military exchanges between the United States
and Taiwan (sec. 1284) .......................................................................... 1208
Limitation on availability of funds to implement the Arms Trade
Treaty (sec. 1285) ................................................................................... 1208
Prohibition on use of funds to invite, assist, or otherwise assure
the participation of Cuba in certain joint or multilateral exercises
(sec. 1286) ............................................................................................... 1208
Global Engagement Center (sec. 1287) .................................................... 1209
Modification of United States International Broadcasting Act of 1994
(sec. 1288) ............................................................................................... 1209
Redesignation of South China Sea Initiative (sec. 1289) ....................... 1210
Measures against persons involved in activities that violate arms
control treaties or agreements with the United States (sec. 1290) ... 1210
Agreements with foreign governments to develop land-based water
resources in support of and in preparation for contingency oper-
ations (sec. 1291) .................................................................................... 1211
Enhancing defense and security cooperation with India (sec. 1292) .... 1211
Coordination of efforts to develop free trade agreements with sub-
Saharan African countries (sec. 1293) ................................................. 1212
Extension and expansion of authority to support border security oper-
ations of certain foreign countries (sec. 1294) ..................................... 1212
Modification and clarification of United States-Israel anti-tunnel co-
operation authority (sec. 1295) ............................................................. 1212
Maintenance of prohibition on procurement by Department of De-
fense of People’s Republic of China-origin items that meet the
definition of goods and services controlled as munitions items when
moved to the ‘‘600 series’’ of the Commerce Control List (sec. 1296) 1213
International sales process improvements (sec. 1297) ........................... 1213
Efforts to end modern slavery (sec. 1298) ............................................... 1213
Legislative Provisions Not Adopted ................................................................ 1213
Modification and extension of authority to conduct activities to en-
hance the capability of foreign countries to respond to incidents
involving weapons of mass destruction ................................................ 1213
Report on the prohibition on use of funds for assistance to units
of foreign security forces that have committed a gross violation
of human rights ..................................................................................... 1214
Sense of Congress on United States policy and strategy in Afghani-
stan ......................................................................................................... 1214
Sense of Congress relating to Dr. Shakil Afridi ..................................... 1215
Report on access to financial records of the Government of Afghani-
stan to audit the use of funds for assistance for Afghanistan ........... 1215
Report on prevention of future terrorist organizations in Iraq and
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Syria ........................................................................................................ 1215

Semiannual report on integration of political and military strategies
against ISIL ........................................................................................... 1216

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TITLE XII—MATTERS RELATING TO FOREIGN NATIONS—Continued
Legislative Provisions Not Adopted—Continued
Sense of Congress condemning continuing attacks on medical facili-
ties in Syria ............................................................................................ 1217
Sense of Congress on business practices of the Islamic State of Iraq
and Syria ................................................................................................ 1217
Statement of policy on United States efforts in Europe to reassure
United States partners and allies and deter aggression by the
Government of the Russian Federation ............................................... 1217
European investment in security and stability ....................................... 1218
Sense of Senate on European Deterrence Initiative ............................... 1219
Modification and extension of report on military assistance to
Ukraine ................................................................................................... 1219
Sense of Congress on malign activities of the Government of Iran ...... 1219
Inclusion of the Philippines among allied countries with whom
United States may enter into cooperative military airlift agree-
ments ...................................................................................................... 1220
Sense of Congress on trilateral cooperation between Japan, South
Korea, and the United States ............................................................... 1220
Sense of Congress on cooperation between Singapore and the United
States ...................................................................................................... 1220
United States policy on Taiwan ............................................................... 1220
Sense of Congress on military relations between Vietnam and the
United States ......................................................................................... 1221
Annual report on foreign military sales to Taiwan ................................ 1221
Sense of Congress in support of a denuclearized Korean peninsula ..... 1222
Authority to grant observer status to the military forces of Taiwan
at RIMPAC exercises ............................................................................. 1222
Sense of Congress on commitment to the Republic of Palau ................. 1222
Sense of Congress on support for Estonia, Latvia, and Lithuania ........ 1222
Sense of Congress on security sector assistance ..................................... 1223
Sense of Congress on support for Georgia ............................................... 1223
Sense of Congress regarding on July 2016 NATO Summit in Warsaw,
Poland ..................................................................................................... 1223
Report on violence and cartel activity in Mexico .................................... 1223
Opportunities to equip certain foreign military entities ........................ 1223
Sense of Congress regarding the role of the United States in the
North Atlantic Treaty Organization ..................................................... 1224
Authorization of United States assistance to Israel ............................... 1224
Department of Defense report on cooperation between Iran and the
Russian Federation ................................................................................ 1224
Report on maintenance by Israel of a robust independent capability
to remove existential security threats ................................................. 1225
Report on use by the Government of Iran of commercial aircraft
and related services for illicit military or other activities .................. 1225
Extension of reporting requirements on the use of certain Iranian
seaports by foreign vessels and use of foreign airports by sanc-
tioned Iranian air carriers .................................................................... 1225
Sense of Congress on integrated ballistic missile defense system for
GCC partner countries, Jordan, Egypt and Israel .............................. 1225
Authority to provide assistance and training to increase maritime
security and domain awareness of foreign countries bordering the
Persian Gulf, Arabian Sea, or Mediterranean Sea ............................. 1226
Report on efforts to combat Boko Haram in Nigeria and the Lake
Chad Basin ............................................................................................. 1226
Security Cooperation Enhancement Fund .............................................. 1227
Coordination between Department of Defense and Department of
State on certain security cooperation and security assistance pro-
grams and activities .............................................................................. 1227
United Nations processing center in Erbil, Iraqi Kurdistan, to assist
internationally-displaced communities ................................................ 1227
TITLE XIII—COOPERATIVE THREAT REDUCTION ....................................... 1227
Specification of Cooperative Threat Reduction funds (sec. 1301) .......... 1227
Funding allocations (sec. 1302) ................................................................ 1227
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Limitation on availability of funds for Cooperative Threat Reduction

in People’s Republic of China (sec. 1303) ............................................. 1228
TITLE XIV—OTHER AUTHORIZATIONS ........................................................... 1228

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TITLE XIV—OTHER AUTHORIZATIONS—Continued
Subtitle A—Military Programs ........................................................................ 1228
Working Capital Funds (sec. 1401) .......................................................... 1228
Chemical Agents and Munitions Destruction, Defense (sec. 1402) ....... 1228
Drug Interdiction and Counter-Drug Activities, Defense-Wide (sec.
1403) ....................................................................................................... 1229
Defense Inspector General (sec. 1404) ..................................................... 1229
Defense Health Program (sec. 1405) ........................................................ 1229
Subtitle B—National Defense Stockpile ......................................................... 1229
Authority to dispose of certain materials from and to acquire addi-
tional materials for the National Defense Stockpile (sec. 1411) ........ 1229
National Defense Stockpile matters (sec. 1412) ...................................... 1229
Subtitle C—Chemical Demilitarization Matters ............................................ 1230
National Academies of Sciences study on conventional munitions de-
militarization alternative technologies (sec. 1421) .............................. 1230
Subtitle D—Other Matters .............................................................................. 1230
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. 1431) ............................................................................................... 1230
Authorization of appropriations for Armed Forces Retirement Home
(sec. 1432) ............................................................................................... 1230
Legislative Provisions Not Adopted ................................................................ 1231
National Defense Sealift Fund ................................................................. 1231
National Sea-Based Deterrence Fund ..................................................... 1231
Security Cooperation Enhancement Fund .............................................. 1231
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS ................................................... 1231
Subtitle A—Authorization of Appropriations ................................................. 1231
Purpose and treatment of certain authorizations of appropriations
(sec. 1501) ............................................................................................... 1231
Procurement (sec. 1502) ............................................................................ 1231
Research, development, test, and evaluation (sec. 1503) ....................... 1232
Operation and maintenance (sec. 1504) .................................................. 1232
Military personnel (sec. 1505) .................................................................. 1232
Working capital funds (sec. 1506) ............................................................ 1232
Drug Interdiction and Counter-Drug Activities, Defense-wide (sec.
1507) ....................................................................................................... 1232
Defense Inspector General (sec. 1508) ..................................................... 1233
Defense Health program (sec. 1509) ........................................................ 1233
Subtitle B—Financial Matters ........................................................................ 1233
Treatment as additional authorizations (sec. 1511) ............................... 1233
Special transfer authority (sec. 1512) ...................................................... 1233
Subtitle C—Limitations, Reports, and Other Matters .................................. 1234
Afghanistan Security Forces Fund (sec. 1521) ........................................ 1234
Joint Improvised Explosive Device Defeat Fund (sec. 1522) ................. 1234
Extension of authority to use Joint Improvised Explosive Device De-
feat Fund for training of foreign security forces to defeat impro-
vised explosive devices (sec. 1523) ....................................................... 1235
Overseas contingency operations (sec. 1524) .......................................... 1236
Extension and modification of authorities on Counterterrorism Part-
nerships Fund (sec. 1525) ..................................................................... 1236
Legislative Provisions Not Adopted ................................................................ 1236
Counterterrorism Partnerships Fund ...................................................... 1236
Security Cooperation Enhancement Fund .............................................. 1236
Codification of Office of Management and Budget criteria .................... 1236
TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS ............................................................................................................. 1237
Subtitle A—Space Activities ............................................................................ 1237
Repeal of provision permitting the use of rocket engines from the
Russian Federation for the evolved expendable launch vehicle pro-
gram (sec. 1601) ..................................................................................... 1237
Exception to the prohibition on contracting with Russian suppliers
of rocket engines for the evolved expendable launch vehicle pro-
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gram (sec. 1602) ..................................................................................... 1237

Rocket propulsion system to replace RD–180 (sec. 1603) ...................... 1237
Plan for use of allied launch vehicles (sec. 1604) ................................... 1238

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TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS—Continued
Subtitle A—Space Activities—Continued
Analysis of alternatives for wide-band communications (sec. 1605) ..... 1238
Modification to pilot program for acquisition of commercial satellite
communications services (sec. 1606) .................................................... 1239
Space-based environmental monitoring (sec. 1607) ................................ 1239
Prohibition on use of certain non-allied positioning, navigation, and
timing systems (sec. 1608) .................................................................... 1239
Limitation of availability of funds for the Joint Space Operations
Center Mission System (sec. 1609) ....................................................... 1240
Limitation on availability of funds for the Global Positioning System
Next Generation Operational Control System (sec. 1610) ................. 1240
Availability of funds for certain secure voice conferencing capabilities
(sec. 1611) ............................................................................................... 1241
Space-based infrared system and advanced extremely high frequency
program (sec. 1612) ................................................................................ 1241
Pilot program on commercial weather data (sec. 1613) ......................... 1241
Plans on transfer of acquisition and funding authority of certain
weather missions to National Reconnaissance Office (sec. 1614) ...... 1242
Five-year plan for Joint Interagency Combined Space Operations
Center (sec. 1615) .................................................................................. 1242
Organization and management of national security space activities
of the Department of Defense (sec. 1616) ............................................ 1242
Review of charter of Operationally Responsive Space Program Office
(sec. 1617) ............................................................................................... 1243
Backup and complementary positioning, navigation, and timing capa-
bilities of Global Positioning System (sec. 1618) ................................. 1243
Report on use of spacecraft assets of the space-based infrared system
wide-field-of-view program (sec. 1619) ................................................. 1243
Provision of certain information to Government Accountability Office
by National Reconnaissance Office (sec. 1620) .................................... 1244
Cost-benefit analysis of commercial use of excess ballistic missile
solid rocket motors (sec. 1621) .............................................................. 1244
Independent assessment of Global Positioning System Next Genera-
tion Operational Control System (sec. 1622) ....................................... 1244
Subtitle B—Defense Intelligence and Intelligence-Related Activities ......... 1245
Report on United States Central Command Intelligence Fusion Cen-
ter (sec. 1631) ......................................................................................... 1245
Prohibition on availability of funds for certain relocation activities
for NATO Intelligence Fusion Cell (sec. 1632) .................................... 1245
Survey and review of Defense Intelligence Enterprise (sec. 1633) ....... 1246
Subtitle C—Cyberspace-Related Matters ....................................................... 1246
Special emergency procurement authority to facilitate the defense
against or recovery from a cyber attack (sec. 1641) ............................ 1246
Limitation on termination of dual-hat arrangement for Command
of the United States Cyber Command (sec. 1642) .............................. 1246
Cyber mission forces matters (sec. 1643) ................................................ 1246
Requirement to enter into agreements relating to use of cyber opposi-
tion forces (sec. 1644) ............................................................................ 1247
Cyber protection support for Department of Defense personnel in
positions highly vulnerable to cyber attack (sec. 1645) ...................... 1247
Limitation on full deployment of joint regional security stacks (sec.
1646) ....................................................................................................... 1247
Advisory committee on industrial security and industrial base policy
(sec. 1647) ............................................................................................... 1248
Change in name of National Defense University’s Information Re-
sources Management College to College of Information and Cyber-
space (sec. 1648) ..................................................................................... 1248
Evaluation of cyber vulnerabilities of F–35 aircraft and support sys-
tems (sec. 1649) ...................................................................................... 1248
Evaluation of cyber vulnerabilities of Department of Defense critical
infrastructure (sec. 1650) ...................................................................... 1249
Strategy to incorporate Army reserve component cyber protection
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teams into Department of Defense cyber mission force (sec. 1651) ... 1249
Strategic plan for the Defense Information Systems Agency (sec.
1652) ....................................................................................................... 1249

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 XXVIII
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TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS—Continued
Subtitle C—Cyberspace-Related Matters—Continued
Plan for information security continuous monitoring capability and
comply-to-connect policy; limitation on software licensing (sec.
1653) ....................................................................................................... 1250
Reports on deterrence of adversaries in cyberspace (sec. 1654) ............ 1251
Sense of Congress on cyber resiliency of the networks and commu-
nications systems of the National Guard (sec. 1655) .......................... 1252
Subtitle D—Nuclear Forces ............................................................................. 1252
Improvements to Council on Oversight of National Leadership Com-
mand, Control, and Communications System (sec. 1661) .................. 1252
Treatment of certain sensitive information by State and local govern-
ments (sec. 1662) ................................................................................... 1253
Procurement authority for certain parts of intercontinental ballistic
missile fuzes (sec. 1663) ........................................................................ 1253
Prohibition on availability of funds for mobile variant of ground-
based strategic deterrent missile (sec. 1664) ....................................... 1253
Limitation on availability of funds for extension of New START Trea-
ty (sec. 1665) .......................................................................................... 1253
Certifications regarding integrated tactical warning and attack as-
sessment mission of the Air Force (sec. 1666) ..................................... 1253
Matters relating to intercontinental ballistic missiles (sec. 1667) ........ 1254
Requests for forces to meet security requirements for land-based
nuclear forces (sec. 1668) ...................................................................... 1254
Report on Russian and Chinese political and military leadership
survivability, command and control, and continuity of government
programs and activities (sec. 1669) ...................................................... 1255
Review by the Comptroller General of the United States of rec-
ommendations relating to nuclear enterprise of Department of De-
fense (sec. 1670) ..................................................................................... 1255
Sense of Congress on nuclear deterrence (sec. 1671) ............................. 1255
Sense of Congress on importance of independent nuclear deterrent
of United Kingdom (sec. 1672) .............................................................. 1255
Subtitle E—Missile Defense Programs ........................................................... 1256
National missile defense policy (sec. 1681) ............................................. 1256
Extensions of prohibitions relating to missile defense information
and systems (sec. 1682) ......................................................................... 1256
Non-terrestrial missile defense intercept and defeat capability for
the ballistic missile defense system (sec. 1683) .................................. 1256
Review of the missile defeat policy and strategy of the United States
(sec. 1684) ............................................................................................... 1257
Maximizing Aegis Ashore capability and developing medium range
discrimination radar (sec. 1685) ........................................................... 1258
Technical authority for integrated air and missile defense activities
and programs (sec. 1686) ...................................................................... 1258
Hypersonic defense capability development (sec. 1687) ......................... 1258
Conventional Prompt Global Strike weapons system (sec. 1688) .......... 1259
Required testing by Missile Defense Agency of ground-based mid-
course defense element of ballistic missile defense system (sec.
1689) ....................................................................................................... 1259
Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program codevelopment and coproduction (sec.
1690) ....................................................................................................... 1259
Limitations on availability of funds for lower-tier air and missile
defense capability of the Army (sec. 1691) .......................................... 1260
Pilot program on loss of unclassified, controlled technical information
(sec. 1692) ............................................................................................... 1261
Plan for procurement of medium-range discrimination radar to im-
prove homeland missile defense (sec. 1693) ........................................ 1261
Review of Missile Defense Agency budget submissions for ground-
based midcourse defense and evaluation of alternative ground-
based interceptor deployments (sec. 1694) .......................................... 1261
Semiannual notifications on missile defense tests and costs (sec.
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1695) ....................................................................................................... 1262

Reports on unfunded priorities of the Missile Defense Agency (sec.
1696) ....................................................................................................... 1262

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TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS—Continued
Subtitle F—Other Matters ............................................................................... 1262
Protection of certain facilities and assets from unmanned aircraft
(sec. 1697) ............................................................................................... 1262
Harmful interference to Department of Defense Global Positioning
System (sec. 1698) ................................................................................. 1263
Legislative Provisions Not Adopted ................................................................ 1263
Availability of certain amounts to meet requirements in connection
with United States policy on assured access to space ........................ 1263
Department of Defense-wide requirements for security clearances for
military intelligence officers ................................................................. 1263
Limitation on availability of funds for intelligence management ......... 1264
Sense of Congress on initial operating capability of phase 2 of Euro-
pean Phased Adaptive Approach to missile defense ........................... 1264
Pilot program on application of consequence-driven, cyber-informed
engineering to mitigate against cyber-security threats ...................... 1265
TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT ......... 1265
Guam World War II Loyalty Recognition Act (secs. 1701–1707) .......... 1265
TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCURE-
MENT .................................................................................................................... 1266
Subtitle A—Improving Transparency and Clarity for Small Businesses .... 1266
Plain language rewrite of requirements for small business procure-
ments (sec. 1801) ................................................................................... 1266
Transparency in small business goals (sec. 1802) .................................. 1266
Subtitle B—Clarifying the Roles of Small Business Advocates .................... 1266
Scope of review by procurement center representatives (sec. 1811) ..... 1266
Duties of the Office of Small and Disadvantaged Business Utilization
(sec. 1812) ............................................................................................... 1267
Improving contractor compliance (sec. 1813) .......................................... 1267
Improving education on small business regulations (sec. 1814) ............ 1267
Subtitle C—Strengthening Opportunities for Competition in Subcontract-
ing .................................................................................................................. 1267
Good faith in subcontracting (sec. 1821) ................................................. 1267
Pilot program to provide opportunities for qualified subcontractors
to obtain past performance ratings (sec. 1822) ................................... 1268
Amendments to the Mentor-Protege Program of the Department of
Defense (sec. 1823) ................................................................................ 1268
Subtitle D—Miscellaneous Provisions ............................................................ 1268
Improvements to size standards for small agricultural producers (sec.
1831) ....................................................................................................... 1268
Uniformity in service-disabled veteran definitions (sec. 1832) .............. 1269
Office of Hearings and Appeals (sec. 1833) ............................................. 1269
Extension of SBIR and STTR programs (sec. 1834) ............................... 1269
Issuance of guidance on small business matters (sec. 1835) ................. 1269
Subtitle E—Improving Cyber Preparedness for Small Businesses .............. 1270
Small Business Development Center Cyber Strategy and outreach
(sec. 1841) ............................................................................................... 1270
Role of small business development centers in cybersecurity and
preparedness (sec. 1842) ....................................................................... 1270
Additional cybersecurity assistance for small business development
centers (sec. 1843) .................................................................................. 1270
Prohibition on additional funds (sec. 1844) ............................................. 1270
Legislative Provisions Not Adopted ................................................................ 1270
Improving reporting on small business goals ......................................... 1270
Uniformity in procurement terminology .................................................. 1271
Responsibilities of Commercial Market Representatives ....................... 1271
Responsibilities of Business Opportunity Specialists ............................. 1271
Improving cooperation between the mentor-protege programs of the
Small Business Administration and the Department of Defense ...... 1271
Office of Women’s Business Ownership ................................................... 1271
Women’s Business Center Program ......................................................... 1272
Matching requirements under Women’s Business Center Program ..... 1272
SCORE reauthorization ............................................................................ 1272
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SCORE program ........................................................................................ 1272

Online component ...................................................................................... 1272
Study and report on the future role of the SCORE program ................ 1272

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TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCURE-
MENT—Continued
Legislative Provisions Not Adopted—Continued
Technical and conforming amendments .................................................. 1273
Required reports pertaining to capital planning and investment con-
trol ........................................................................................................... 1273
GAO study on small business cyber support services and small busi-
ness development center cyber strategy .............................................. 1273
Short title ................................................................................................... 1273
Use of authorized entrepreneurial development programs .................... 1273
Marketing of services ................................................................................ 1273
Data collection ........................................................................................... 1274
Fees from private partnerships and cosponsorships .............................. 1274
Equity for small business development centers ...................................... 1274
Confidentiality requirements ................................................................... 1274
Limitation on award of grants to small business development centers 1274
TITLE XIX—DEPARTMENT OF HOMELAND SECURITY STRATEGY FOR
INTERNATIONAL PROGRAMS ........................................................................ 1274
Department of Homeland Security Strategy for International Pro-
grams (secs. 1901–1913) ........................................................................ 1274
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 1275
Summary and explanation of funding tables .......................................... 1275
Short title (sec. 2001) ................................................................................ 1275
Expiration of authorizations and amounts required to be specified
by law (sec. 2002) ................................................................................... 1275
Effective date (sec. 2003) .......................................................................... 1275
TITLE XXI—ARMY MILITARY CONSTRUCTION ............................................. 1275
Summary .................................................................................................... 1275
Authorized Army construction and land acquisition projects (sec.
2101) ....................................................................................................... 1276
Family housing (sec. 2102) ....................................................................... 1276
Authorization of appropriations, Army (sec. 2103) ................................. 1276
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2104) ............................................................................................... 1277
Extension of authorizations of certain fiscal year 2013 projects (sec.
2105) ....................................................................................................... 1277
Extension of authorizations of certain fiscal year 2014 projects (sec.
2106) ....................................................................................................... 1277
TITLE XXII—NAVY MILITARY CONSTRUCTION ............................................ 1277
Summary .................................................................................................... 1277
Authorized Navy construction and land acquisition projects (sec.
2201) ....................................................................................................... 1278
Family housing (sec. 2202) ....................................................................... 1278
Improvements to military family housing units (sec. 2203) .................. 1278
Authorization of appropriations, Navy (sec. 2204) ................................. 1279
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2205) ............................................................................................... 1279
Extension of authorizations of certain fiscal year 2013 projects (sec.
2206) ....................................................................................................... 1279
Extension of authorizations of certain fiscal year 2014 projects (sec.
2207) ....................................................................................................... 1279
Status of ‘‘net negative’’ policy regarding Navy acreage on Guam
(sec. 2208) ............................................................................................... 1280
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION ................................ 1280
Summary .................................................................................................... 1280
Authorized Air Force construction and land acquisition projects (sec.
2301) ....................................................................................................... 1280
Family housing (sec. 2302) ....................................................................... 1281
Improvements to military family housing units (sec. 2303) .................. 1281
Authorization of appropriations, Air Force (sec. 2304) .......................... 1281
Modification of authority to carry out certain fiscal year 2016 project
(sec. 2305) ............................................................................................... 1281
Extension of authorization of certain fiscal year 2013 project (sec.
2306) ....................................................................................................... 1281
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Extension of authorization of certain fiscal year 2014 project (sec.

2307) ....................................................................................................... 1282

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TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION—Continued
Restriction on acquisition of property in Northern Mariana Islands
(sec. 2308) ............................................................................................... 1282
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION .............. 1282
Summary .................................................................................................... 1282
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401) ................................................................................. 1283
Authorized energy conservation projects (sec. 2402) .............................. 1283
Authorization of appropriations, Defense Agencies (sec. 2403) ............. 1283
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2404) ............................................................................................... 1284
Extension of authorizations of certain fiscal year 2013 projects (sec.
2405) ....................................................................................................... 1284
Extension of authorizations of certain fiscal year 2014 projects (sec.
2406) ....................................................................................................... 1284
TITLE XXV—INTERNATIONAL PROGRAMS .................................................... 1284
Summary .................................................................................................... 1284
Subtitle A—North Atlantic Treaty Organization Security Investment Pro-
gram ............................................................................................................... 1285
Authorized NATO construction and land acquisition projects (sec.
2501) ....................................................................................................... 1285
Authorization of appropriations, NATO (sec. 2502) ............................... 1285
Subtitle B—Host Country In-Kind Contributions ......................................... 1285
Republic of Korea funded construction projects (sec. 2511) ................... 1285
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ........................ 1285
Summary .................................................................................................... 1285
Subtitle A—Project Authorizations and Authorizations of Appropriations . 1286
Authorized Army National Guard construction and land acquisition
projects (sec. 2601) ................................................................................. 1286
Authorized Army Reserve construction and land acquisition projects
(sec. 2602) ............................................................................................... 1286
Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects (sec. 2603) ............................................. 1286
Authorized Air National Guard construction and land acquisition
projects (sec. 2604) ................................................................................. 1286
Authorized Air Force Reserve construction and land acquisition
projects (sec. 2605) ................................................................................. 1286
Authorization of appropriations, National Guard and Reserve (sec.
2606) ....................................................................................................... 1287
Subtitle B—Other Matters .............................................................................. 1287
Modification of authority to carry out certain fiscal year 2014 project
(sec. 2611) ............................................................................................... 1287
Modification of authority to carry out certain fiscal year 2015 project
(sec. 2612) ............................................................................................... 1287
Modification of authority to carry out certain fiscal year 2016 project
(sec. 2613) ............................................................................................... 1287
Extension of authorization of certain fiscal year 2013 project (sec.
2614) ....................................................................................................... 1288
Extension of authorizations of certain fiscal year 2014 projects (sec.
2615) ....................................................................................................... 1288
Legislative Provisions Not Adopted ................................................................ 1288
Report on replacement of security forces and communications train-
ing facility at Frances S. Gabreski Air National Guard Base, New
York ........................................................................................................ 1288
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES ............ 1288
Summary .................................................................................................... 1288
Extension of authorizations of certain fiscal year 2014 projects (sec.
2701) ....................................................................................................... 1289
Prohibition on conducting additional base realignment and closure
(BRAC) round (sec. 2702) ...................................................................... 1289
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS ....... 1289
Subtitle A—Military Construction Program and Military Family Housing
Changes ......................................................................................................... 1289
Modification of criteria for treatment of laboratory revitalization
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projects as minor military construction projects (sec. 2801) .............. 1289

Classification of facility conversion projects as repair projects (sec.
2802) ....................................................................................................... 1290

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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS—
Continued
Subtitle A—Military Construction Program and Military Family Housing
Changes—Continued
Limited authority for scope of work increase (sec. 2803) ....................... 1290
Extension of temporary, limited authority to use operation and main-
tenance funds for construction projects in certain areas outside
the United States (sec. 2804) ................................................................ 1290
Authority to expand energy conservation construction program to
include energy resiliency projects (sec. 2805) ...................................... 1290
Additional entities eligible for participation in defense laboratory
modernization pilot program (sec. 2806) .............................................. 1290
Extension of temporary authority for acceptance and use of contribu-
tions for certain construction, maintenance, and repair projects
mutually beneficial to the Department of Defense and Kuwait mili-
tary forces (sec. 2807) ............................................................................ 1291
Subtitle B—Real Property and Facilities Administration ............................. 1291
Acceptance of military construction projects as payments in-kind and
in-kind contributions (sec. 2811) .......................................................... 1291
Allotment of space and provision of services to WIC offices operating
on military installations (sec. 2812) ..................................................... 1291
Sense of Congress regarding inclusion of stormwater systems and
components within the meaning of ‘‘wastewater system’’ under the
Department of Defense authority for conveyance of utility systems
(sec. 2813) ............................................................................................... 1291
Assessment of public schools on Department of Defense installations
(sec. 2814) ............................................................................................... 1292
Prior certification required for use of Department of Defense facilities
by other Federal agencies for temporary housing support (sec.
2815) ....................................................................................................... 1292
Subtitle C—Land Conveyances ....................................................................... 1292
Land conveyances, High Frequency Active Auroral Research Program
facility and adjacent property, Gakona, Alaska (sec. 2821) ............... 1292
Land conveyance, Campion Air Force Radar Station, Galena, Alaska
(sec. 2822) ............................................................................................... 1293
Lease, Joint Base Elmendorf-Richardson, Alaska (sec. 2823) ............... 1293
Transfer of administrative jurisdictions, Navajo Army Depot, Arizona
(sec. 2824) ............................................................................................... 1293
Exchange of property interests, San Diego Unified Port District, Cali-
fornia (sec. 2825) .................................................................................... 1293
Release of property interests retained in connection with land convey-
ance, Eglin Air Force Base, Florida (sec. 2826) .................................. 1293
Land exchange, Fort Hood, Texas (sec. 2827) ......................................... 1294
Land conveyance, P–36 Warehouse, Colbern United States Army Re-
serve Center, Laredo, Texas (sec. 2828) ............................................... 1294
Land conveyance, St. George National Guard Armory, St. George,
Utah (sec. 2829) ..................................................................................... 1294
Land acquisitions, Arlington County, Virginia (sec. 2829A) .................. 1294
Release of restrictions, Richland Innovation Center, Richland, Wash-
ington (sec. 2829B) ................................................................................ 1294
Modification of land conveyance, Rocky Mountain Arsenal National
Wildlife Refuge (sec. 2829C) ................................................................. 1295
Closure of St. Marys Airport (sec. 2829D) ............................................... 1295
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.
2829E) ..................................................................................................... 1295
Return of certain lands at Fort Wingate to the original inhabitants
(sec. 2829F) ............................................................................................ 1295
Subtitle D—Military Memorials, Monuments, and Museums ...................... 1296
Cyber Center for Education and Innovation—Home of the National
Cryptological Museum (sec. 2831) ........................................................ 1296
Renaming site of the Dayton Aviation Heritage National Historical
Park, Ohio (sec. 2832) ........................................................................... 1296
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Women’s military service memorials and museums (sec. 2833) ............ 1296
Petersburg National Battlefield boundary modification (sec. 2834) ..... 1296
Subtitle E—Designations and Other Matters ................................................ 1297

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TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS—
Continued
Subtitle E—Designations and Other Matters—Continued
Designation of portion of Moffett Federal Airfield, California, as
Moffett Air National Guard Base (sec. 2841) ...................................... 1297
Redesignation of Mike O’Callaghan Federal Medical Center (sec.
2842) ....................................................................................................... 1297
Replenishment of Sierra Vista subwatershed regional aquifer, Ari-
zona (sec. 2843) ...................................................................................... 1297
Limited exceptions to restriction on development of public infrastruc-
ture in connection with realignment of Marine Corps forces in
Asia-Pacific region (sec. 2844) .............................................................. 1297
Permanent withdrawal or transfer of administrative jurisdiction of
public land, Naval Air Weapons Station China Lake, California
(sec. 2845) ............................................................................................... 1298
Legislative Provisions Not Adopted ................................................................ 1298
Sense of Congress on maximizing number of veterans employed on
military construction projects ............................................................... 1298
Authority of the Secretary concerned to accept lessee improvements
at Government-owned/contractor-operated industrial plants or fa-
cilities ...................................................................................................... 1298
Treatment of insured depository institutions operating on land leased
from military installations .................................................................... 1298
Sense of Congress regarding need to consult with State and local
officials prior to acquisitions of real property ..................................... 1298
Improved process for disposal of Department of Defense surplus real
property located overseas ...................................................................... 1299
Prohibition on transfer of administrative jurisdiction, portion of
Organ Mountains Area, Fillmore Canyon, New Mexico ..................... 1299
Bureau of Land Management withdrawn military lands under Mili-
tary Lands Withdrawal Act of 1999 ..................................................... 1299
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 ........................ 1299
Amendments to the National Historic Preservation Act ....................... 1299
Recognition of the National Museum of World War II Aviation ........... 1300
Battleship preservation grant program ................................................... 1300
Implementation of lesser prairie-chicken range-wide conservation
plan and other conservation measures ................................................ 1300
Transfer of certain items of the Omar Bradley Foundation to the
descendants of General Omar Bradley ................................................ 1300
Protection and recovery of Greater Sage Grouse .................................... 1300
Removal of endangered species status for American burying beetle .... 1301
Report on documentation for acquisition of certain properties along
Columbia River, Washington, by Corps of Engineers ......................... 1301
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY CON-
STRUCTION ......................................................................................................... 1301
Authorized Navy construction and land acquisition projects (sec.
2901) ....................................................................................................... 1301
Authorized Air Force construction and land acquisition projects (sec.
2902) ....................................................................................................... 1301
Authorization of appropriations (sec. 2903) ............................................ 1302
TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MAT-
TERS ..................................................................................................................... 1302
Subtitle A—Authorization for Temporary Closure of Certain Public Land
Adjacent to the Utah Test and Training Range ......................................... 1302
Definitions (sec. 3001) ............................................................................... 1302
Memorandum of agreement (sec. 3002) ................................................... 1302
Temporary closures (sec. 3003) ................................................................ 1302
Liability (sec. 3004) ................................................................................... 1302
Community resource advisory group (sec. 3005) .................................... 1303
Savings clauses (sec. 3006) ....................................................................... 1303
Subtitle B—Bureau of Land Management Land Exchange with State
of Utah ........................................................................................................... 1303
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Definitions (sec. 3011) ............................................................................... 1303

Exchange of Federal land and non-Federal land (sec. 3012) ................. 1303

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TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MAT-
TERS—Continued
Subtitle B—Bureau of Land Management Land Exchange with State
of Utah—Continued
Status and management of non-Federal land acquired by the United
States (sec. 3013) ................................................................................... 1303
Hazardous substances (sec. 3014) ............................................................ 1304
Legislative Provisions Not Adopted ................................................................ 1304
Short title ................................................................................................... 1304
Findings and purpose ................................................................................ 1304
Recognition and transfer of certain highway rights-of-way ................... 1304
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AU-
THORIZATIONS AND OTHER AUTHORIZATIONS ...................................... 1304
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PRO-
GRAMS ................................................................................................................. 1304
Subtitle A—National Security Programs Authorizations .............................. 1304
National Nuclear Security Administration (sec. 3101) .......................... 1304
Defense environmental cleanup (sec. 3102) ............................................ 1306
Other defense activities (sec. 3103) ......................................................... 1306
Nuclear energy (sec. 3104) ........................................................................ 1306
Subtitle B—Program Authorizations, Restrictions, and Limitations ........... 1306
Independent acquisition project reviews of capital assets acquisition
projects (sec. 3111) ................................................................................. 1306
Protection of certain nuclear facilities and assets from unmanned
aircraft (sec. 3112) ................................................................................. 1306
Common financial reporting system for the nuclear security enter-
prise (sec. 3113) ..................................................................................... 1307
Rough estimate of total life cycle cost of tank waste cleanup at
Hanford Nuclear Reservation (sec. 3114) ............................................ 1307
Annual certification of shipments to Waste Isolation Pilot Plant (sec.
3115) ....................................................................................................... 1307
Disposition of weapons-usable plutonium (sec. 3116) ............................ 1308
Design basis threat (sec. 3117) ................................................................. 1308
Industry best practices in operations at National Nuclear Security
Administration facilities and sites (sec. 3118) ..................................... 1308
Pilot program on unavailability for overhead costs of amounts speci-
fied for laboratory-directed research and development (sec. 3119) ... 1309
Research and development of advanced naval nuclear fuel system
based on low-enriched uranium (sec. 3120) ......................................... 1309
Increase in certain limitations applicable to funds for conceptual
and construction design of the Department of Energy (sec. 3121) .... 1309
Prohibition on availability of funds for programs in Russian Federa-
tion (sec. 3122) ....................................................................................... 1309
Limitation on availability of funds for Federal salaries and expenses
(sec. 3123) ............................................................................................... 1309
Limitation on availability of funds for defense environmental cleanup
program direction (sec. 3124) ................................................................ 1310
Limitation on availability of funds for acceleration of nuclear weap-
ons dismantlement (sec. 3125) .............................................................. 1310
Subtitle C—Plans and Reports ........................................................................ 1310
Independent assessment of technology development under defense
environmental cleanup program (sec. 3131) ........................................ 1310
Updated plan for verification and monitoring of proliferation of nu-
clear weapons and fissile material (sec. 3132) .................................... 1311
Report on the use of highly-enriched uranium for naval reactors
(sec. 3133) ............................................................................................... 1311
Analysis of approaches for supplemental treatment of low-activity
waste at Hanford Nuclear Reservation (sec. 3134) ............................. 1311
Clarification of annual report and certification on status of security
of atomic energy defense facilities (sec. 3135) ..................................... 1312
Report on service support contracts and authority for appointment
of certain personnel (sec. 3136) ............................................................ 1312
Elimination of certain reporting requirements (sec. 3137) .................... 1312
Report on United States nuclear deterrence (sec. 3138) ........................ 1313
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Legislative Provisions Not Adopted ................................................................ 1313

Analyses of options for disposal of high-level radioactive waste ........... 1313
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............. 1313

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TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD—Con-
tinued
Authorization (sec. 3201) .......................................................................... 1313
TITLE XXXIII—FEDERAL AVIATION ADMINISTRATION THIRD CLASS
MEDICAL REFORM AND GENERAL AVIATION PILOT PROTECTIONS . 1313
Legislative Provisions Not Adopted ................................................................ 1313
Pilot’s Bill of Rights 2 ............................................................................... 1313
TITLE XXXIV—NAVAL PETROLEUM RESERVES ........................................... 1314
Authorization of appropriations (sec. 3401) ............................................ 1314
TITLE XXXV—MARITIME MATTERS ................................................................. 1314
Subtitle A—Maritime Administration, Coast Guard, and Shipping Mat-
ters ................................................................................................................. 1314
Authorization of the Maritime Administration (sec. 3501) .................... 1314
Authority to extend certain age restrictions relating to vessels in
the Maritime Security Fleet (sec. 3502) ............................................... 1314
Corrections to provisions enacted by Coast Guard Authorization Acts
(sec. 3503) ............................................................................................... 1314
Status of National Defense Reserve Fleet vessels (sec. 3504) ............... 1314
NDRF National Security Multi-Mission Vessel (sec. 3505) ................... 1315
Superintendent of United States Merchant Marine Academy (sec.
3506) ....................................................................................................... 1315
Use of National Defense Reserve Fleet scrapping proceeds (sec.
3507) ....................................................................................................... 1316
Floating dry docks (sec. 3508) .................................................................. 1316
Transportation worker identification credentials for individuals un-
dergoing separation, discharge, or release from the Armed Forces
(sec. 3509) ............................................................................................... 1316
Actions to address sexual harassment and sexual assault at the
United States Merchant Marine Academy (sec. 3510) ....................... 1317
Sexual assault response coordinators and sexual assault victim advo-
cates (sec. 3511) ..................................................................................... 1317
Report from the Department of Transportation Inspector General
(sec. 3512) ............................................................................................... 1317
Sexual assault prevention and response working group (sec. 3513) ..... 1318
Sea Year compliance (sec. 3514) .............................................................. 1318
State maritime academy physical standards and reporting (sec.
3515) ....................................................................................................... 1318
Appointments (sec. 3516) .......................................................................... 1318
Maritime workforce working group (sec. 3517) ....................................... 1319
Maritime extreme weather task force (sec. 3518) ................................... 1319
Workforce plans and onboarding policies (sec. 3519) ............................. 1319
Drug and alcohol policy (sec. 3520) .......................................................... 1319
Vessel transfers (sec. 3521) ...................................................................... 1320
Clarifying amendment; continuation boards (sec. 3522) ........................ 1320
Polar icebreaker recapitalization plan (sec. 3523) .................................. 1320
GAO report on icebreaking capability in the United States (sec.
3524) ....................................................................................................... 1320
Subtitle B—Pribilof Islands Transition Completion ...................................... 1320
Pribilof Islands Transition Completion (secs. 3531–3533) ..................... 1320
Subtitle C—Sexual Harassment and Assault Prevention at the National
Oceanic and Atmospheric Administration .................................................. 1321
Actions to address sexual harassment at National Oceanic and At-
mospheric Administration (sec. 3541) .................................................. 1321
Actions to address sexual assault at National Oceanic and Atmos-
pheric Administration (sec. 3542) ......................................................... 1321
Rights of the victim of a sexual assault (sec. 3543) ................................ 1321
Change of station (sec. 3544) .................................................................... 1321
Applicability of policies to crews of vessels secured by National Oce-
anic and Atmospheric Administration under contract (sec. 3545) ..... 1322
Annual report on sexual assaults in the National Oceanic and Atmos-
pheric Administration (sec. 3546) ......................................................... 1322
Sexual assault defined (sec. 3547) ........................................................... 1322
Legislative Provisions Not Adopted ................................................................ 1322
Short title ................................................................................................... 1322
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Maritime Administration authorization request .................................... 1322

Port infrastructure development .............................................................. 1322
High-speed craft classification services ................................................... 1323

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TITLE XXXV—MARITIME MATTERS—Continued
Legislative Provisions Not Adopted—Continued
Short title ................................................................................................... 1323
Definitions .................................................................................................. 1323
Short title ................................................................................................... 1323
Reauthorization of Hydrographic Services Improvement Act of 1998 .. 1323
Maritime Administration .......................................................................... 1323
Authority to make pro rata annual payments under operating agree-
ments for vessels participating in Maritime Security Fleet ............... 1324
Application of law ...................................................................................... 1324
Commissioned officer corps of the National Oceanic and Atmospheric
Administration ....................................................................................... 1324
Ballast water ............................................................................................. 1324
DIVISION D—FUNDING TABLES ....................................................................... 1324
Authorization of amounts in funding tables (sec. 4001) ......................... 1324
Summary of National Defense Authorizations for Fiscal Year 2017 .... 1325
National Defense Budget Authority Implication .................................... 1331
TITLE XLI—PROCUREMENT .............................................................................. 1334
Procurement (sec. 4101) ............................................................................ 1334
Procurement for overseas contingency operations (sec. 4102) ............... 1369
Procurement for overseas contingency operations for base require-
ments (sec. 4103) ................................................................................... 1379
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ..... 1387
Research, development, test, and evaluation (sec. 4201) ....................... 1387
Research, development, test, and evaluation for overseas contingency
operations (sec. 4202) ............................................................................ 1425
Research, development, test, and evaluation for overseas contingency
operations for base requirements (sec. 4203) ...................................... 1427
TITLE XLIII—OPERATION AND MAINTENANCE ........................................... 1429
Operation and maintenance (sec. 4301) .................................................. 1429
Operation and maintenance for overseas contingency operations (sec.
4302) ....................................................................................................... 1451
Operation and maintenance for overseas contingency operations for
base requirements (sec. 4303) ............................................................... 1464
TITLE XLIV—MILITARY PERSONNEL .............................................................. 1473
Military personnel (sec. 4401) .................................................................. 1473
Military personnel for overseas contingency operations (sec. 4402) ..... 1474
Military personnel for overseas contingency operations for base re-
quirements (sec. 4403) ........................................................................... 1474
TITLE XLV—OTHER AUTHORIZATIONS .......................................................... 1475
Other authorizations (sec. 4501) .............................................................. 1475
Other authorizations for overseas contingency operations (sec. 4502) . 1479
Other authorizations for overseas contingency operations for base
requirements (sec. 4503) ....................................................................... 1481
TITLE XLVI—MILITARY CONSTRUCTION ....................................................... 1481
Military construction (sec. 4601) .............................................................. 1481
Military construction for overseas contingency operations (sec. 4602) . 1495
Military construction for overseas contingency operations for base
requirements (sec. 4603) ....................................................................... 1497
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PRO-
GRAMS ................................................................................................................. 1497
Department of Energy national security programs (sec. 4701) ............. 1497
DIVISION E—UNIFORM CODE OF MILITARY JUSTICE REFORM ............. 1510
Short title (sec. 5001) ................................................................................ 1510
TITLE LI—GENERAL PROVISIONS ................................................................... 1510
Definitions (sec. 5101) ............................................................................... 1510
Clarification of persons subject to UCMJ while on inactive-duty train-
ing (sec. 5102) ........................................................................................ 1510
Staff judge advocate disqualification due to prior involvement in case
(sec. 5103) ............................................................................................... 1510
Conforming amendment relating to military magistrates (sec. 5104) .. 1511
Rights of victim (sec. 5105) ....................................................................... 1511
TITLE LII—APPREHENSION AND RESTRAINT .............................................. 1511
Restraint of persons charged (sec. 5121) ................................................. 1511
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Modification of prohibition of confinement of members of the Armed

Forces with enemy prisoners and certain others (sec. 5122) ............. 1512
TITLE LIII—NON-JUDICIAL PUNISHMENT .................................................... 1512

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TITLE LIII—NON-JUDICIAL PUNISHMENT—Continued
Modification of confinement as non-judicial punishment (sec. 5141) .... 1512
TITLE LIV—COURT-MARTIAL JURISDICTION ............................................... 1512
Courts-martial classified (sec. 5161) ........................................................ 1512
Jurisdiction of general courts-martial (sec. 5162) .................................. 1512
Jurisdiction of special courts-martial (sec. 5163) .................................... 1513
Summary court-martial as non-criminal forum (sec. 5164) ................... 1513
TITLE LV—COMPOSITION OF COURTS-MARTIAL ........................................ 1513
Technical amendment relating to persons authorized to convene gen-
eral courts-martial (sec. 5181) .............................................................. 1513
Who may serve on courts-martial and related matters (sec. 5182) ....... 1513
Number of court-martial members in capital cases (sec. 5183) ............. 1514
Detailing, qualifications, and other matters relating to military
judges (sec. 5184) ................................................................................... 1514
Military magistrates (sec. 5185) ............................................................... 1514
Qualifications of trial counsel and defense counsel (sec. 5186) ............. 1515
Assembly and impaneling of members and related matters (sec.
5187) ....................................................................................................... 1515
TITLE LVI—PRE-TRIAL PROCEDURE ............................................................... 1515
Charges and specifications (sec. 5201) .................................................... 1515
Certain proceedings conducted before referral (sec. 5202) ..................... 1516
Preliminary hearing required before referral to general court-martial
(sec. 5203) ............................................................................................... 1516
Disposition guidance (sec. 5204) .............................................................. 1516
Advice to convening authority before referral for trial (sec. 5205) ....... 1517
Service of charges and commencement of trial (sec. 5206) .................... 1517
TITLE LVII—TRIAL PROCEDURE ...................................................................... 1517
Duties of assistant defense counsel (sec. 5221) ....................................... 1517
Sessions (sec. 5222) ................................................................................... 1517
Technical amendment relating to continuances (sec. 5223) .................. 1518
Conforming amendments relating to challenges (sec. 5224) .................. 1518
Statute of limitations (sec. 5225) ............................................................. 1518
Former jeopardy (sec. 5226) ..................................................................... 1518
Pleas of the accused (sec. 5227) ............................................................... 1519
Subpoena and other process (sec. 5228) .................................................. 1519
Refusal of person not subject to UCMJ to appear, testify, or produce
evidence (sec. 5229) ............................................................................... 1519
Contempt (sec. 5230) ................................................................................. 1519
Depositions (sec. 5231) .............................................................................. 1520
Admissibility of sworn testimony by audiotape or videotape from
records of courts of inquiry (sec. 5232) ................................................ 1520
Conforming amendment relating to defense of lack of mental respon-
sibility (sec. 5233) .................................................................................. 1520
Voting and rulings (sec. 5234) .................................................................. 1521
Votes required for conviction, sentencing, and other matters (sec.
5235) ....................................................................................................... 1521
Findings and sentencing (sec. 5236) ........................................................ 1521
Plea agreements (sec. 5237) ..................................................................... 1521
Record of trial (sec. 5238) ......................................................................... 1522
TITLE LVIII—SENTENCES .................................................................................. 1522
Sentencing (sec. 5301) ............................................................................... 1522
Effective date of sentences (sec. 5302) ..................................................... 1523
Sentence of reduction in enlisted grade (sec. 5303) ................................ 1523
TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MAR-
TIAL ...................................................................................................................... 1523
Post-trial processing in general and special courts-martial (sec. 5321) 1523
Limited authority to act on sentence in specified post-trial cir-
cumstances (sec. 5322) .......................................................................... 1523
Post-trial actions in summary courts-martial and certain general and
special courts-martial (sec. 5323) ......................................................... 1525
Entry of judgment (sec. 5324) .................................................................. 1525
Waiver of right to appeal and withdrawal of appeal (sec. 5325) ........... 1525
Appeal by the United States (sec. 5326) .................................................. 1526
Rehearings (sec. 5327) .............................................................................. 1526
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Judge advocate review of finding of guilty in summary court-martial

(sec. 5328) ............................................................................................... 1526
Transmittal and review of records (sec. 5329) ........................................ 1526

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TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MAR-
TIAL—Continued
Courts of Criminal Appeals (sec. 5330) ................................................... 1527
Review by Court of Appeals for the Armed Forces (sec. 5331) .............. 1527
Supreme Court review (sec. 5332) ........................................................... 1527
Review by Judge Advocate General (sec. 5333) ...................................... 1528
Appellate defense counsel in death penalty cases (sec. 5334) ............... 1528
Authority for hearing on vacation of suspension of sentence to be
conducted by qualified judge advocate (sec. 5335) .............................. 1528
Extension of time for petition for new trial (sec. 5336) .......................... 1528
Restoration (sec. 5337) .............................................................................. 1528
Leave requirements pending review of certain court-martial convic-
tions (sec. 5338) ...................................................................................... 1529
TITLE LX—PUNITIVE ARTICLES ....................................................................... 1529
Reorganization of punitive articles (sec. 5401) ....................................... 1529
Conviction of offense charged, lesser included offenses, and attempts
(sec. 5402) ............................................................................................... 1529
Soliciting commission of offenses (sec. 5403) .......................................... 1529
Malingering (sec. 5404) ............................................................................. 1530
Breach of medical quarantine (sec. 5405) ................................................ 1530
Missing movement; jumping from vessel (sec. 5406) .............................. 1530
Offenses against correctional custody and restriction (sec. 5407) ......... 1530
Disrespect toward superior commissioned officer; assault of superior
commissioned officer (sec. 5408) ........................................................... 1530
Willfully disobeying superior commissioned officer (sec. 5409) ............. 1530
Prohibited activities with military recruit or trainee by person in
position of special trust (sec. 5410) ...................................................... 1531
Offenses by sentinel or lookout (sec. 5411) ............................................. 1531
Disrespect toward sentinel or lookout (sec. 5412) .................................. 1531
Release of prisoner without authority; drinking with prisoner (sec.
5413) ....................................................................................................... 1531
Penalty for acting as a spy (sec. 5414) .................................................... 1532
Public records offenses (sec. 5415) ........................................................... 1532
False or unauthorized pass offenses (sec. 5416) ..................................... 1532
Impersonation offenses (sec. 5417) .......................................................... 1532
Insignia offenses (sec. 5418) ..................................................................... 1532
False official statements; false swearing (sec. 5419) .............................. 1533
Parole violation (sec. 5420) ....................................................................... 1533
Wrongful taking, opening, etc. of mail matter (sec. 5421) ..................... 1533
Improper hazarding of vessel or aircraft (sec. 5422) .............................. 1533
Leaving scene of vehicle accident (sec. 5423) .......................................... 1533
Drunkenness and other incapacitation offenses (sec. 5424) .................. 1534
Lower blood alcohol content limits for conviction of drunken or reck-
less operation of vehicle, aircraft, or vessel (sec. 5425) ...................... 1534
Endangerment offenses (sec. 5426) .......................................................... 1534
Communicating threats (sec. 5427) ......................................................... 1534
Technical amendment relating to murder (sec. 5428) ............................ 1534
Child endangerment (sec. 5429) ............................................................... 1535
Rape and sexual assault offenses (sec. 5430) .......................................... 1535
Deposit of obscene matter in the mail (sec. 5431) .................................. 1535
Fraudulent use of credit cards, debit cards, and other access devices
(sec. 5432) ............................................................................................... 1535
False pretenses to obtain services (sec. 5433) ......................................... 1535
Robbery (sec. 5434) .................................................................................... 1536
Receiving stolen property (sec. 5435) ....................................................... 1536
Offenses concerning Government computers (sec. 5436) ....................... 1536
Bribery (sec. 5437) ..................................................................................... 1536
Graft (sec. 5438) ........................................................................................ 1536
Kidnapping (sec. 5439) .............................................................................. 1537
Arson; burning property with intent to defraud (sec. 5440) .................. 1537
Assault (sec. 5441) ..................................................................................... 1537
Burglary and unlawful entry (sec. 5442) ................................................. 1537
Stalking (sec. 5443) ................................................................................... 1537
Subornation of perjury (sec. 5444) ........................................................... 1538
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Obstructing justice (sec. 5445) ................................................................. 1538

Misprision of serious offense (sec. 5446) ................................................. 1538
Wrongful refusal to testify (sec. 5447) ..................................................... 1538

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Page
TITLE LX—PUNITIVE ARTICLES—Continued
Prevention of authorized seizure of property (sec. 5448) ....................... 1538
Wrongful interference with adverse administrative proceeding (sec.
5449) ....................................................................................................... 1539
Retaliation (sec. 5450) ............................................................................... 1539
Extraterritorial application of certain offenses (sec. 5451) .................... 1539
Table of sections (sec. 5452) ..................................................................... 1539
TITLE LXI—MISCELLANEOUS PROVISIONS .................................................. 1540
Technical amendments relating to courts of inquiry (sec. 5501) ........... 1540
Technical amendment to Article 136 (sec. 5502) .................................... 1540
Articles of Uniform Code of Military Justice to be explained to offi-
cers upon commissioning (sec. 5503) .................................................... 1540
Military justice case management; data collection and accessibility
(sec. 5504) ............................................................................................... 1540
TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL RE-
PORTS .................................................................................................................. 1541
Military Justice Review Panel (sec. 5521) ............................................... 1541
Annual reports (sec. 5522) ........................................................................ 1541
TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES ... 1542
Amendments to UCMJ subchapter tables of sections (sec. 5541) ......... 1542
Effective dates (sec. 5542) ......................................................................... 1542
Legislative Provisions Not Adopted ................................................................ 1542
Repeal of sentence reduction provision when interim guidance takes
effect ........................................................................................................ 1542
Minimum confinement period required for conviction of certain sex-
related offenses committed by members of the Armed Forces ........... 1542
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 114TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 114–840

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL

YEAR 2017

NOVEMBER 30, 2016.—Ordered to be printed

Mr. THORNBERRY, from the Committee of Conference,

submitted the following

CONFERENCE REPORT
[To accompany S. 2943]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the House to the bill (S. 2943),
to authorize appropriations for fiscal year 2017 for military activi-
ties of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe mili-
tary personnel strengths for such fiscal year, and for other pur-
poses, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as fol-
lows:
That the Senate recede from its disagreement to the amend-
ment of the House and agree to the same with an amendment as
follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2017’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into five divisions as fol-
lows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Uniform Code of Military Justice Reform.
(b) TABLE OF CONTENTS.—The table of contents for this Act is
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as follows:

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Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters.
Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk
helicopters.
Sec. 113. Distributed Common Ground System–Army increment 1.
Sec. 114. Assessment of certain capabilities of the Department of the Army.
Subtitle C—Navy Programs
Sec. 121. Determination of vessel delivery dates.
Sec. 122. Incremental funding for detail design and construction of LHA replace-
ment ship designated LHA 8.
Sec. 123. Littoral Combat Ship.
Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels.
Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-
gram.
Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise
(CVN–80).
Sec. 127. Sense of Congress on aircraft carrier procurement schedules.
Sec. 128. Report on P–8 Poseidon aircraft.
Sec. 129. Design and construction of replacement dock landing ship designated
LX(R) or amphibious transport dock designated LPD–29.
Subtitle D—Air Force Programs
Sec. 131.
EC–130H Compass Call recapitalization program.
Sec. 132.
Repeal of requirement to preserve certain retired C–5 aircraft.
Sec. 133.
Repeal of requirement to preserve F–117 aircraft in recallable condition.
Sec. 134.
Prohibition on availability of funds for retirement of A–10 aircraft.
Sec. 135.
Limitation on availability of funds for destruction of A–10 aircraft in stor-
age status.
Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance
Target Attack Radar System aircraft.
Sec. 137. Elimination of annual report on aircraft inventory.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 141. Standardization of 5.56mm rifle ammunition.
Sec. 142. Fire suppressant and fuel containment standards for certain vehicles.
Sec. 143. Limitation on availability of funds for destruction of certain cluster muni-
tions.
Sec. 144. Report on Department of Defense munitions strategy for the combatant
commands.
Sec. 145. Modifications to reporting on use of combat mission requirements funds.
Sec. 146. Report on alternative management structures for the F–35 joint strike
fighter program.
Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment sup-
port.
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.
Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed
Forces.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
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Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Laboratory quality enhancement program.

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Sec. 212. Modification of mechanisms to provide funds for defense laboratories for
research and development of technologies for military missions.
Sec. 213. Making permanent authority for defense research and development rapid
innovation program.
Sec. 214. Authorization for National Defense University and Defense Acquisition
University to enter into cooperative research and development agree-
ments.
Sec. 215. Manufacturing Engineering Education Grant Program.
Sec. 216. Notification requirement for certain rapid prototyping, experimentation,
and demonstration activities.
Sec. 217. Increased micro-purchase threshold for research programs and entities.
Sec. 218. Improved biosafety for handling of select agents and toxins.
Sec. 219. Designation of Department of Defense senior official with principal respon-
sibility for directed energy weapons.
Sec. 220. Restructuring of the distributed common ground system of the Army.
Sec. 221. Limitation on availability of funds for the countering weapons of mass de-
struction system Constellation.
Sec. 222. Limitation on availability of funds for Defense Innovation Unit Experi-
mental.
Sec. 223. Limitation on availability of funds for Joint Surveillance Target Attack
Radar System (JSTARS) recapitalization program.
Sec. 224. Acquisition program baseline and annual reports on follow-on moderniza-
tion program for F–35 Joint Strike Fighter.
Subtitle C—Reports and Other Matters
Sec. 231. Strategy for assured access to trusted microelectronics.
Sec. 232. Pilot program on evaluation of commercial information technology.
Sec. 233. Pilot program for the enhancement of the research, development, test, and
evaluation centers of the Department of Defense.
Sec. 234. Pilot program on modernization and fielding of electromagnetic spectrum
warfare systems and electronic warfare capabilities.
Sec. 235. Pilot program on disclosure of certain sensitive information to federally
funded research and development centers.

Sec. 236. Pilot program on enhanced interaction between the Defense Advanced Re-
search Projects Agency and the service academies.
Sec. 237. Independent review of F/A–18 physiological episodes and corrective ac-
tions.
Sec. 238. B–21 bomber development program accountability matrices.
Sec. 239. Study on helicopter crash prevention and mitigation technology.
Sec. 240. Strategy for Improving Electronic and Electromagnetic Spectrum Warfare
Capabilities.
Sec. 241. Sense of Congress on development and fielding of fifth generation airborne
systems.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modified reporting requirement related to installations energy manage-
ment.
Sec. 312. Waiver authority for alternative fuel procurement requirement.
Sec. 313. Utility data management for military facilities.
Sec. 314. Alternative technologies for munitions disposal.
Sec. 315. Report on efforts to reduce high energy costs at military installations.
Sec. 316. Sense of Congress on funding decisions relating to climate change.
Subtitle C—Logistics and Sustainment
Sec. 321. Revision of deployability rating system and planning reform.
Sec. 322. Revision of guidance relating to corrosion control and prevention execu-
tives.
Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament
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Retooling and Manufacturing Support Initiative.

Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards.
Sec. 325. Private sector port loading assessment.
Sec. 326. Strategy on revitalizing Army organic industrial base.

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Subtitle D—Reports
Sec. 331. Modifications to Quarterly Readiness Report to Congress.
Sec. 332. Report on average travel costs of members of the reserve components.
Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program.
Subtitle E—Other Matters
Sec. 341. Air navigation matters.
Sec. 342. Contract working dogs.
Sec. 343. Plan, funding documents, and management review relating to explosive
ordnance disposal.
Sec. 344. Process for communicating availability of surplus ammunition.
Sec. 345. Mitigation of risks posed by window coverings with accessible cords in cer-
tain military housing units.
Sec. 346. Access to military installations by transportation companies.
Sec. 347. Access to wireless high-speed Internet and network connections for certain
members of the Armed Forces.
Sec. 348. Limitation on availability of funds for Office of the Under Secretary of De-
fense for Intelligence.
Sec. 349. Limitation on development and fielding of new camouflage and utility uni-
forms.
Sec. 350. Plan for improved dedicated adversary air training enterprise of the Air
Force.
Sec. 351. Independent review and assessment of the Ready Aircrew Program of the
Air Force.
Sec. 352. Study on space-available travel system of the Department of Defense.
Sec. 353. Evaluation of motor carrier safety performance and safety technology.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411.
End strengths for Selected Reserve.
Sec. 412.
End strengths for reserves on active duty in support of the reserves.
Sec. 413.
End strengths for military technicians (dual status).
Sec. 414.
Fiscal year 2017 limitation on number of non-dual status technicians.
Sec. 415.
Maximum number of reserve personnel authorized to be on active duty for
operational support.
Sec. 416. Technical corrections to annual authorization for personnel strengths.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Reduction in number of general and flag officers on active duty and au-
thorized strength after December 31, 2022, of such general and flag offi-
cers.
Sec. 502. Repeal of statutory specification of general or flag officer grade for various
positions in the Armed Forces.
Sec. 503. Number of Marine Corps general officers.
Sec. 504. Promotion eligibility period for officers whose confirmation of appointment
is delayed due to nonavailability to the Senate of probative information
under control of non-Department of Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard to require-
ment for retirement for years of service.
Sec. 506. Equal consideration of officers for early retirement or discharge.
Sec. 507. Modification of authority to drop from rolls a commissioned officer.
Sec. 508. Extension of force management authorities allowing enhanced flexibility
for officer personnel management.
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Sec. 509. Pilot programs on direct commissions to cyber positions.

Sec. 510. Length of joint duty assignments.
Sec. 510A. Revision of definitions used for joint officer management.

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Subtitle B—Reserve Component Management
Sec. 511. Authority for temporary waiver of limitation on term of service of Vice
Chief of the National Guard Bureau.
Sec. 512. Rights and protections available to military technicians.
Sec. 513. Inapplicability of certain laws to National Guard technicians performing
active Guard and Reserve duty.
Sec. 514. Extension of removal of restrictions on the transfer of officers between the
active and inactive National Guard.
Sec. 515. Extension of temporary authority to use Air Force reserve component per-
sonnel to provide training and instruction regarding pilot training.
Sec. 516. Expansion of eligibility for deputy commander of combatant command
having United States among geographic area of responsibility to include
officers of the Reserves.
Subtitle C—General Service Authorities
Sec. 521. Matters relating to provision of leave for members of the Armed Forces, in-
cluding prohibition on leave not expressly authorized by law.
Sec. 522. Transfer of provision relating to expenses incurred in connection with
leave canceled due to contingency operations.
Sec. 523. Expansion of authority to execute certain military instruments.
Sec. 524. Medical examination before administrative separation for members with
post-traumatic stress disorder or traumatic brain injury in connection
with sexual assault.
Sec. 525. Reduction of tenure on the temporary disability retired list.
Sec. 526. Technical correction to voluntary separation pay and benefits.
Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army
recruiting.
Subtitle D—Member Whistleblower Protections and Correction of Military Records
Sec. 531. Improvements to whistleblower protection procedures.
Sec. 532. Modification of whistleblower protection authorities to restrict contrary
findings of prohibited personnel action by the Secretary concerned.
Sec. 533. Availability of certain Correction of Military Records and Discharge Re-
view Board information through the Internet.
Sec. 534. Improvements to authorities and procedures for the correction of military
records.
Sec. 535. Treatment by discharge review boards of claims asserting post-traumatic
stress disorder or traumatic brain injury in connection with combat or
sexual trauma as a basis for review of discharge.
Sec. 536. Comptroller General of the United States review of integrity of Department
of Defense whistleblower program.
Subtitle E—Military Justice and Legal Assistance Matters
Sec. 541. United States Court of Appeals for the Armed Forces.
Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on
professional military justice development for judge advocates.
Sec. 543. Inclusion in annual reports on sexual assault prevention and response ef-
forts of the Armed Forces of information on complaints of retaliation in
connection with reports of sexual assault in the Armed Forces.
Sec. 544. Extension of the requirement for annual report regarding sexual assaults
and coordination with release of Family Advocacy Program report.
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to prevent and re-
spond to retaliation in connection with reports of sexual assault in the
Armed Forces.
Sec. 546. Training for Department of Defense personnel who investigate claims of re-
taliation.
Sec. 547. Notification to complainants of resolution of investigations into retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes of investiga-
tions by commanding officers of complaints of harassment.
Sec. 549. Improved Department of Defense prevention of and response to hazing in
the Armed Forces.
Subtitle F—National Commission on Military, National, and Public Service
Sec. 551. Purpose, scope, and definitions.
Sec. 552. Preliminary report on purpose and utility of registration system under
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Military Selective Service Act.

Sec. 553. National Commission on Military, National, and Public Service.
Sec. 554. Commission hearings and meetings.

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Sec. 555. Principles and procedure for Commission recommendations.
Sec. 556. Executive Director and staff.
Sec. 557. Termination of Commission.
Subtitle G—Member Education, Training, Resilience, and Transition
Sec. 561. Modification of program to assist members of the Armed Forces in obtain-
ing professional credentials.
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse
counseling as part of required preseparation counseling.
Sec. 563. Inclusion of information in Transition Assistance Program regarding effect
of receipt of both veteran disability compensation and voluntary separa-
tion pay.
Sec. 564. Training under Transition Assistance Program on career and employment
opportunities associated with transportation security cards.
Sec. 565. Extension of suicide prevention and resilience program.
Sec. 566. Congressional notification in advance of appointments to service acad-
emies.
Sec. 567. Report and guidance on Job Training, Employment Skills Training, Ap-
prenticeships, and Internships and SkillBridge initiatives for members
of the Armed Forces who are being separated.
Sec. 568. Military-to-mariner transition.
Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters
Sec. 571. Continuation of authority to assist local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 572. One-year extension of authorities relating to the transition and support of
military dependent students to local educational agencies.
Sec. 573. Annual notice to members of the Armed Forces regarding child custody
protections guaranteed by the Servicemembers Civil Relief Act.
Sec. 574. Requirement for annual Family Advocacy Program report regarding child
abuse and domestic violence.
Sec. 575. Reporting on allegations of child abuse in military families and homes.
Sec. 576. Repeal of Advisory Council on Dependents’ Education.
Sec. 577. Support for programs providing camp experience for children of military
families.
Sec. 578. Comptroller General of the United States assessment and report on Excep-
tional Family Member Programs.
Sec. 579. Impact aid amendments.
Subtitle I—Decorations and Awards
Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States
Air Force, on the retired list.
Sec. 582. Authorization for award of medals for acts of valor during certain contin-
gency operations.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and
James C. McCloughan for acts of valor during the Vietnam War.
Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieutenant
Melvin M. Spruiell for acts of valor during World War II.
Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain
(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World
War II.
Sec. 586. Review regarding award of Medal of Honor to certain Asian American and
Native American Pacific Islander war veterans.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Acad-
emy appointed by the President.
Sec. 592. Extension of limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 593. Annual reports on progress of the Army and the Marine Corps in inte-
grating women into military occupational specialities and units recently
opened to women.
Sec. 594. Report on feasability of electronic tracking of operational active-duty serv-
ice performed by members of the Ready Reserve of the Armed Forces.
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Sec. 595. Report on discharge by warrant officers of pilot and other flight officer po-
sitions in the Navy, Marine Corps, and Air Force currently discharged
by commissioned officers.

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Sec. 596. Body mass index test.
Sec. 597. Report on career progression tracks of the Armed Forces for women in
combat arms units.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2017 increase in military basic pay.
Sec. 602. Publication by Department of Defense of actual rates of basic pay payable
to members of the Armed Forces by pay grade for annual or other pay
periods.
Sec. 603. Extension of authority to provide temporary increase in rates of basic al-
lowance for housing under certain circumstances.
Sec. 604. Reports on a new single-salary pay system for members of the Armed
Forces.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for reserve
forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for health
care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
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 bo-
nuses and special pays.
Sec. 616. Aviation incentive pay and bonus matters.
Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and
bonus authorities.
Sec. 618. Technical amendments relating to 2008 consolidation of certain special
pay authorities.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Maximum reimbursement amount for travel expenses of members of the
Reserves attending inactive duty training outside of normal commuting
distances.
Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits
PART I—AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM
Sec. 631. Election period for members in the service academies and inactive Reserves
to participate in the modernized retirement system.
Sec. 632. Effect of separation of members from the uniformed services on participa-
tion in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have com-
pleted 8 to 12 years of service.
Sec. 634. Combat-related special compensation coordinating amendment.
PART II—OTHER MATTERS
Sec. 641. Use of member’s current pay grade and years of service and retired pay
cost-of-living adjustments, rather than final retirement pay grade and
years of service, in a division of property involving disposable retired
pay.
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve compo-
nent members who die in the line of duty during inactive-duty training.
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related
special compensation when retired pay not sufficient.
Sec. 644. Extension of allowance covering monthly premium for Servicemembers’
Group Life Insurance while in certain overseas areas to cover members
in any combat zone or overseas direct support area.
Sec. 645. Authority for payment of pay and allowances and retired and retainer pay
pursuant to power of attorney.
Sec. 646. Extension of authority to pay special survivor indemnity allowance under
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the Survivor Benefit Plan.

Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay.
Sec. 648. Independent assessment of the Survivor Benefit Plan.

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Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and
Operations
Sec. 661. Protection and enhancement of access to and savings at commissaries and
exchanges.
Sec. 662. Acceptance of Military Star Card at commissaries.

Subtitle F—Other Matters

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

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Reform of TRICARE and Military Health System

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

Subtitle B—Other Health Care Benefits

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

Subtitle C—Health Care Administration

Sec. 721. Authority to convert military medical and dental positions to civilian med-
ical and dental positions.
Sec. 722. Prospective payment of funds necessary to provide medical care for the
Coast Guard.
Sec. 723. Reduction of administrative requirements relating to automatic renewal of
enrollments in TRICARE Prime.
Sec. 724. Modification of authority of Uniformed Services University of the Health
Sciences to include undergraduate and other medical education and
training programs.
Sec. 725. Adjustment of medical services, personnel authorized strengths, and infra-
structure in military health system to maintain readiness and core com-
petencies of health care providers.
Sec. 726. Program to eliminate variability in health outcomes and improve quality
of health care services delivered in military medical treatment facilities.
Sec. 727. Acquisition strategy for health care professional staffing services.
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Sec. 728. Adoption of core quality performance metrics.

Sec. 729. Improvement of health outcomes and control of costs of health care under
TRICARE program through programs to involve covered beneficiaries.

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Sec. 730. Accountability for the performance of the military health system of certain
leaders within the system.
Sec. 731. Establishment of advisory committees for military treatment facilities.
Subtitle D—Reports and Other Matters
Sec. 741. Extension of authority for joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund and report on im-
plementation of information technology capabilities.
Sec. 742. Pilot program on expansion of use of physician assistants to provide men-
tal health care to members of the Armed Forces.
Sec. 743. Pilot program for prescription drug acquisition cost parity in the
TRICARE pharmacy benefits program.
Sec. 744. Pilot program on display of wait times at urgent care clinics and phar-
macies of military medical treatment facilities.
Sec. 745. Requirement to review and monitor prescribing practices at military treat-
ment facilities of pharmaceutical agents for treatment of post-traumatic
stress.
Sec. 746. Department of Defense study on preventing the diversion of opioid medica-
tions.
Sec. 747. Incorporation into survey by Department of Defense of questions on experi-
ences of members of the Armed Forces with family planning services
and counseling.
Sec. 748. Assessment of transition to TRICARE program by families of members of
reserve components called to active duty and elimination of certain
charges for such families.
Sec. 749. Oversight of graduate medical education programs of military depart-
ments.
Sec. 750. Study on health of helicopter and tiltrotor pilots.
Sec. 751. Comptroller General reports on health care delivery and waste in military
health system.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Rapid acquisition authority amendments.
Sec. 802. Authority for temporary service of Principal Military Deputies to the As-
sistant Secretaries of the military departments for acquisition as Acting
Assistant Secretaries.
Sec. 803. Modernization of services acquisition.
Sec. 804. Defense Modernization Account amendments.
Subtitle B—Department of Defense Acquisition Agility
Sec. 805. Modular open system approach in development of major weapon systems.
Sec. 806. Development, prototyping, and deployment of weapon system components
or technology.
Sec. 807. Cost, schedule, and performance of major defense acquisition programs.
Sec. 808. Transparency in major defense acquisition programs.
Sec. 809. Amendments relating to technical data rights.
Subtitle C—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Modified restrictions on undefinitized contractual actions.
Sec. 812. Amendments relating to inventory and tracking of purchases of services.
Sec. 813. Use of lowest price technically acceptable source selection process.
Sec. 814. Procurement of personal protective equipment.
Sec. 815. Amendments related to detection and avoidance of counterfeit electronic
parts.
Sec. 816. Amendments to special emergency procurement authority.
Sec. 817. Compliance with domestic source requirements for footwear furnished to
enlisted members of the Armed Forces upon their initial entry into the
Armed Forces.
Sec. 818. Extension of authority for enhanced transfer of technology developed at De-
partment of Defense laboratories.
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Sec. 819. Modified notification requirement for exercise of waiver authority to ac-
quire vital national security capabilities.
Sec. 820. Defense cost accounting standards.

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Sec. 821. Increased micro-purchase threshold applicable to Department of Defense
procurements.
Sec. 822. Enhanced competition requirements.
Sec. 823. Revision to effective date of senior executive benchmark compensation for
allowable cost limitations.
Sec. 824. Treatment of independent research and development costs on certain con-
tracts.
Sec. 825. Exception to requirement to include cost or price to the Government as a
factor in the evaluation of proposals for certain multiple-award task or
delivery order contracts.
Sec. 826. Extension of program for comprehensive small business contracting plans.
Sec. 827. Treatment of side-by-side testing of certain equipment, munitions, and
technologies manufactured and developed under cooperative research
and development agreements as use of competitive procedures.
Sec. 828. Defense Acquisition Challenge Program amendments.
Sec. 829. Preference for fixed-price contracts.
Sec. 830. Requirement to use firm fixed-price contracts for foreign military sales.
Sec. 831. Preference for performance-based contract payments.
Sec. 832. Contractor incentives to achieve savings and improve mission performance.
Sec. 833. Sunset and repeal of certain contracting provisions.
Sec. 834. Flexibility in contracting award program.
Sec. 835. Protection of task order competition.
Sec. 836. Contract closeout authority.
Sec. 837. Closeout of old Department of the Navy contracts.

Subtitle D—Provisions Relating to Major Defense Acquisition Programs

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

Subtitle E—Provisions Relating to Acquisition Workforce

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

Subtitle F—Provisions Relating to Commercial Items

Sec. 871. Market research for determination of price reasonableness in acquisition
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of commercial items.
Sec. 872. Value analysis for the determination of price reasonableness.
Sec. 873. Clarification of requirements relating to commercial item determinations.

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Sec. 874. Inapplicability of certain laws and regulations to the acquisition of com-
mercial items and commercially available off-the-shelf items.
Sec. 875. Use of commercial or non-Government standards in lieu of military speci-
fications and standards.
Sec. 876. Preference for commercial services.
Sec. 877. Treatment of commingled items purchased by contractors as commercial
items.
Sec. 878. Treatment of services provided by nontraditional contractors as commer-
cial items.
Sec. 879. Defense pilot program for authority to acquire innovative commercial
items, technologies, and services using general solicitation competitive
procedures.
Sec. 880. Pilot programs for authority to acquire innovative commercial items using
general solicitation competitive procedures.
Subtitle G—Industrial Base Matters
Sec. 881. Greater integration of the national technology and industrial base.
Sec. 882. Integration of civil and military roles in attaining national technology and
industrial base objectives.
Sec. 883. Pilot program for distribution support and services for weapon systems
contractors.
Sec. 884. Nontraditional and small contractor innovation prototyping program.
Subtitle H—Other Matters
Sec. 885. Report on bid protests.
Sec. 886. Review and report on indefinite delivery contracts.
Sec. 887. Review and report on contractual flow-down provisions.
Sec. 888. Requirement and review relating to use of brand names or brand-name or
equivalent descriptions in solicitations.
Sec. 889. Inclusion of information on common grounds for sustaining bid protests
in annual Government Accountability Office reports to Congress.
Sec. 890. Study and report on contracts awarded to minority-owned and women-
owned businesses.
Sec. 891. Authority to provide reimbursable auditing services to certain non-Defense
Agencies.
Sec. 892. Selection of service providers for auditing services and audit readiness
services.
Sec. 893. Amendments to contractor business system requirements.
Sec. 894. Improved management practices to reduce cost and improve performance
of certain Department of Defense organizations.
Sec. 895. Exemption from requirement for capital planning and investment control
for information technology equipment included as integral part of a
weapon or weapon system.
Sec. 896. Modifications to pilot program for streamlining awards for innovative
technology projects.
Sec. 897. Rapid prototyping funds for the military departments.
Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Con-
tracting Oversight, Accountability, and Integrity; Defense Acquisition
University training.
Sec. 899. Coast Guard major acquisition programs.
Sec. 899A. Enhanced authority to acquire products and services produced in Africa
in support of certain activities.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Organization of the Office of the Secretary of Defense.
Sec. 902. Responsibilities and reporting of the Chief Information Officer of the De-
partment of Defense.
Sec. 903. Maximum number of personnel in the Office of the Secretary of Defense
and other Department of Defense headquarters offices.
Sec. 904. Repeal of Financial Management Modernization Executive Committee.
Subtitle B—Organization and Management of the Department of Defense Generally
Sec. 911. Organizational strategy for the Department of Defense.
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Sec. 912. Policy, organization, and management goals and priorities of the Secretary
of Defense for the Department of Defense.
Sec. 913. Secretary of Defense delivery unit.

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Sec. 914. Performance of civilian functions by military personnel.
Sec. 915. Repeal of requirements relating to efficiencies plan for the civilian per-
sonnel workforce and service contractor workforce of the Department of
Defense.
Subtitle C—Joint Chiefs of Staff and Combatant Command Matters
Sec. 921. Joint Chiefs of Staff and related combatant command matters.
Sec. 922. Organization of the Department of Defense for management of special op-
erations forces and special operations.
Sec. 923. Establishment of unified combatant command for cyber operations.
Sec. 924. Assigned forces of the combatant commands.
Sec. 925. Modifications to the requirements process.
Sec. 926. Review of combatant command organization.
Subtitle D—Organization and Management of Other Department of Defense Offices
and Elements
Sec. 931. Qualifications for appointment of the Secretaries of the military depart-
ments.
Sec. 932. Enhanced personnel management authorities for the Chief of the National
Guard Bureau.
Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of
Community Support for Military Families with Special Needs.
Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as As-
sistant Secretary of the Air Force for Acquisition, Technology, and Lo-
gistics.
Subtitle E—Strategies, Reports, and Related Matters
Sec. 941. National defense strategy.
Sec. 942. Commission on the National Defense Strategy for the United States.
Sec. 943. Reform of the national military strategy.
Sec. 944. Form of annual national security strategy report.
Sec. 945. Modification to independent study of national security strategy formula-
tion process.
Subtitle F—Other Matters
Sec. 951. Enhanced security programs for Department of Defense personnel and in-
novation initiatives.
Sec. 952. Modification of authority of the Secretary of Defense relating to protection
of the Pentagon Reservation and other Department of Defense facilities
in the National Capital Region.
Sec. 953. Modifications to requirements for accounting for members of the Armed
Forces and Department of Defense civilian employees listed as missing.
Sec. 954. Modifications to corrosion report.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Report on auditable financial statements.
Sec. 1003. Increased use of commercial data integration and analysis products for
the purpose of preparing financial statement audits.
Sec. 1004. Sense of Congress on sequestration.
Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition
Workforce Development Fund to the Treasury.
Subtitle B—Counterdrug Activities
Sec. 1011. Codification and modification of authority to provide support for
counterdrug activities and activities to counter transnational organized
crime of civilian law enforcement agencies.
Sec. 1012. Secretary of Defense review of curricula and program structures of Na-
tional Guard counterdrug schools.
Sec. 1013. Extension of authority to support unified counterdrug and counterter-
rorism campaign in Colombia.
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Sec. 1014. Enhancement of information sharing and coordination of military train-

ing between Department of Homeland Security and Department of De-
fense.

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Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Definition of short-term work with respect to overhaul, repair, or mainte-
nance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class
cruisers or dock landing ships.
Subtitle D—Counterterrorism
Sec. 1031. Frequency of counterterrorism operations briefings.
Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained
at United States Naval Station, Guantanamo Bay, Cub, to the United
States.
Sec. 1033. Prohibition on use of funds to construct or modify facilities in the United
States to house detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1034. Prohibition on use of funds for transfer or release to certain countries of
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1035. Prohibition on use of funds for realignment of forces at or closure of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1036. Congressional notification requirements for sensitive military operations.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Expanded authority for transportation by the Department of Defense of
non-Department of Defense personnel and cargo.
Sec. 1042. Reduction in minimum number of Navy carrier air wings and carrier air
wing headquarters required to be maintained.
Sec. 1043. Modification to support for non-Federal development and testing of mate-
rial for chemical agent defense.
Sec. 1044. Protection of certain Federal spectrum operations.
Sec. 1045. Prohibition on use of funds for retirement of legacy maritime mine coun-
termeasures platforms.
Sec. 1046. Extension of authority of Secretary of Transportation to issue non-pre-
mium aviation insurance.
Sec. 1047. Evaluation of Navy alternate combination cover and unisex combination
cover.
Sec. 1048. Independent evaluation of Department of Defense excess property pro-
gram.
Sec. 1049. Waiver of certain polygraph examination requirements.
Sec. 1050. Use of Transportation Worker Identification Credential to gain access at
Department of Defense installations.
Sec. 1051. Limitation on availability of funds for destruction of certain landmines
and briefing on development of replacement anti-personnel landmine
munitions.
Sec. 1052. Transition of Air Force to operation of remotely piloted aircraft by en-
listed personnel.
Sec. 1053. Prohibition on divestment of Marine Corps Search and Rescue Units.
Sec. 1054. Support for the Associate Director of the Central Intelligence Agency for
Military Affairs.
Sec. 1055. Notification on the provision of defense sensitive support.
Sec. 1056. Prohibition on enforcement of military commission rulings preventing
members of the Armed Forces from carrying out otherwise lawful duties
based on member sex.
Subtitle F—Studies and Reports
Sec. 1061. Temporary continuation of certain Department of Defense reporting re-
quirements.
Sec. 1062. Reports on programs managed under alternative compensatory control
measures in the Department of Defense.
Sec. 1063. Matters for inclusion in report on designation of countries for which re-
wards may be paid under Department of Defense rewards program.
Sec. 1064. Annual reports on unfunded priorities of the Armed Forces and the com-
batant commands and annual report on combatant command require-
ments.
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Sec. 1065. Management and reviews of electromagnetic spectrum.

Sec. 1066. Requirement for notice and reporting to Committees on Armed Services
on certain expenditures of funds by Defense Intelligence Agency.

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Sec. 1067. Congressional notification of biological select agent and toxin theft, loss,
or release involving the Department of Defense.
Sec. 1068. Report on service-provided support and enabling capabilities to United
States special operations forces.
Sec. 1069. Report on citizen security responsibilities in the Northern Triangle of
Central America.
Sec. 1070. Report on counterproliferation activities and programs.
Sec. 1071. Report on testing and integration of minehunting sonar systems to im-
prove Littoral Combat Ship minehunting capabilities.
Sec. 1072. Quarterly reports on parachute jumps conducted at Fort Bragg and Pope
Army Airfield and Air Force support for such jumps.
Sec. 1073. Study on military helicopter noise.
Sec. 1074. Independent review of United States military strategy and force posture
in the United States Pacific Command area of responsibility.
Sec. 1075. Assessment of the joint ground forces of the Armed Forces.
Subtitle G—Other Matters
Sec. 1081. Technical and clerical amendments.
Sec. 1082. Increase in maximum amount available for equipment, services, and sup-
plies provided for humanitarian demining assistance.
Sec. 1083. Liquidation of unpaid credits accrued as a result of transactions under
a cross-servicing agreement.
Sec. 1084. Modification of requirements relating to management of military techni-
cians.
Sec. 1085. Streamlining of the National Security Council.
Sec. 1086. National biodefense strategy.
Sec. 1087. Global Cultural Knowledge Network.
Sec. 1088. Sense of Congress regarding Connecticut’s Submarine Century.
Sec. 1089. Sense of Congress regarding the reporting of the MV–22 mishap in
Marana, Arizona, on April 8, 2000.
Sec. 1090. Cost of Wars.
Sec. 1091. Reconnaissance Strike Group matters.
Sec. 1092. Border security metrics.
Sec. 1093. Program to commemorate the 100th anniversary of the Tomb of the Un-
known Soldier.
Sec. 1094. Sense of Congress regarding the OCONUS basing of the KC–46A aircraft.
Sec. 1095. Designation of a Department of Defense Strategic Arctic Port.
Sec. 1096. Recovery of excess rifles, ammunition, and parts granted to foreign coun-
tries and transfer to certain persons.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Subtitle A—Department of Defense Matters Generally
Sec. 1101. Civilian personnel management.
Sec. 1102. Repeal of requirement for annual strategic workforce plan for the Depart-
ment of Defense.
Sec. 1103. Training for employment personnel of Department of Defense on matters
relating to authorities for recruitment and retention at United States
Cyber Command.
Sec. 1104. Public-private talent exchange.
Sec. 1105. Temporary and term appointments in the competitive service in the De-
partment of Defense.
Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary
students and recent graduates.
Sec. 1107. Temporary increase in maximum amount of voluntary separation incen-
tive pay authorized for civilian employees of the Department of Defense.
Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear-powered
aircraft carrier forward deployed in Japan.
Sec. 1109. Limitation on number of DOD SES positions.
Sec. 1110. Direct hire authority for financial management experts in the Department
of Defense workforce.
Sec. 1111. Repeal of certain basis for appointment of a retired member of the Armed
Forces to Department of Defense position within 180 days of retirement.
Subtitle B—Department of Defense Science and Technology Laboratories and Related
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Matters
Sec. 1121. Permanent personnel management authority for the Department of De-
fense for experts in science and engineering.

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Sec. 1122. Codification and modification of certain authorities for certain positions
at Department of Defense research and engineering laboratories.
Sec. 1123. Modification to information technology personnel exchange program.
Sec. 1124. Pilot program on enhanced pay authority for certain research and tech-
nology positions in the science and technology reinvention laboratories
of the Department of Defense.
Sec. 1125. Temporary direct hire authority for domestic defense industrial base fa-
cilities, the Major Range and Test Facilities Base, and the Office of the
Director of Operational Test and Evaluation.
Subtitle C—Governmentwide Matters
Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appoint-
ment of spouses of members of the Armed Forces.
Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base fa-
cilities and Major Range and Test Facilities Base civilian personnel.
Sec. 1133. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1134. Advance payments for employees relocating within the United States and
its territories.
Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a
permanent appointment at any Federal agency.
Sec. 1136. Review of official personnel file of former Federal employees before rehir-
ing.
Sec. 1137. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian employees
working overseas.
Sec. 1138. Administrative leave.
Sec. 1139. Direct hiring for Federal wage schedule employees.
Sec. 1140. Record of investigation of personnel action in separated employee’s offi-
cial personnel file.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition forces supporting
certain United States military operations.
Sec. 1202. Special Defense Acquisition Fund matters.
Sec. 1203. Codification of authority for support of special operations to combat ter-
rorism.
Sec. 1204. Independent evaluation of strategic framework for Department of Defense
security cooperation.
Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation
framework for security cooperation.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of Commanders’ Emergency Response Pro-
gram.
Sec. 1212. Extension of authority to acquire products and services produced in coun-
tries along a major route of supply to Afghanistan.
Sec. 1213. Extension and modification of authority to transfer defense articles and
provide defense services to the military and security forces of Afghani-
stan.
Sec. 1214. Special immigrant status for certain Afghans.
Sec. 1215. Modification to semiannual report on enhancing security and stability in
Afghanistan.
Sec. 1216. Prohibition on use of funds for certain programs and projects of the De-
partment of Defense in Afghanistan that cannot be safely accessed by
United States Government personnel.
Sec. 1217. Improvement of oversight of United States Government efforts in Afghan-
istan.
Sec. 1218. Extension and modification of authority for reimbursement of certain coa-
lition nations for support provided to United States military operations.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification and extension of authority to provide assistance to the vetted
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Syrian opposition.
Sec. 1222. Modification and extension of authority to provide assistance to counter
the Islamic State of Iraq and the Levant.

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Sec. 1223. Extension and modification of authority to support operations and activi-
ties of the Office of Security Cooperation in Iraq.
Sec. 1224. Limitation on provision of man-portable air defense systems to the vetted
Syrian opposition during fiscal year 2017.
Sec. 1225. Modification of annual report on military power of Iran.
Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran.
Subtitle D—Matters Relating to the Russian Federation
Sec. 1231. Military response options to Russian Federation violation of INF Treaty.
Sec. 1232. Limitation on military cooperation between the United States and the
Russian Federation.
Sec. 1233. Extension and modification of authority on training for Eastern Euro-
pean national military forces in the course of multilateral exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian
Federation over Crimea.
Sec. 1235. Annual report on military and security developments involving the Rus-
sian Federation.
Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any im-
plementing decision of the Open Skies Consultative Commission and re-
lated requirements.
Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative.
Sec. 1238. Reports on INF Treaty and Open Skies Treaty.
Subtitle E—Reform of Department of Defense Security Cooperation
Sec. 1241. Enactment of new chapter for defense security cooperation.
Sec. 1242. Military-to-military exchanges.
Sec. 1243. Consolidation and revision of authorities for payment of personnel ex-
penses necessary for theater security cooperation.
Sec. 1244. Transfer and revision of certain authorities on payment of expenses of
training and exercises with friendly foreign forces.
Sec. 1245. Transfer and revision of authority to provide operational support to forces
of friendly foreign countries.
Sec. 1246. Department of Defense State Partnership Program.
Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellow-
ship Program.
Sec. 1248. Consolidation of authorities for service academy international engage-
ment.
Sec. 1249. Consolidated annual budget for security cooperation programs and activi-
ties of the Department of Defense.
Sec. 1250. Department of Defense security cooperation workforce development.
Sec. 1251. Reporting requirements.
Sec. 1252. Quadrennial review of security sector assistance programs and authori-
ties of the United States Government.
Sec. 1253. Other conforming amendments and authority for administration.
Subtitle F—Human Rights Sanctions
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Authorization of imposition of sanctions.
Sec. 1264. Reports to Congress.
Sec. 1265. Sunset.
Subtitle G—Miscellaneous Reports
Sec. 1271. Modification of annual report on military and security developments in-
volving the People’s Republic of China.
Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic
aid programs of the Department of Defense.
Sec. 1273. Strategy for United States defense interests in Africa.
Sec. 1274. Report on the potential for cooperation between the United States and
Israel on directed energy capabilities.
Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report.
Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems.
Subtitle H—Other Matters
Sec. 1281. Enhancement of interagency support during contingency operations and
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transition periods.
Sec. 1282. Two-year extension and modification of authorization of non-conventional
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Sec. 1283. Authority to destroy certain specified World War II-era United States-ori-
gin chemical munitions located on San Jose Island, Republic of Pan-
ama.
Sec. 1284. Sense of Congress on military exchanges between the United States and
Taiwan.
Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty.
Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the par-
ticipation of Cuba in certain joint or multilateral exercises.
Sec. 1287. Global Engagement Center.
Sec. 1288. Modification of United States International Broadcasting Act of 1994.
Sec. 1289. Redesignation of South China Sea Initiative.
Sec. 1290. Measures against persons involved in activities that violate arms control
treaties or agreements with the United States.
Sec. 1291. Agreements with foreign governments to develop land-based water re-
sources in support of and in preparation for contingency operations.
Sec. 1292. Enhancing defense and security cooperation with India.
Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saha-
ran African countries.
Sec. 1294. Extension and expansion of authority to support border security oper-
ations of certain foreign countries.
Sec. 1295. Modification and clarification of United States-Israel anti-tunnel co-
operation authority.
Sec. 1296. Maintenance of prohibition on procurement by Department of Defense of
People’s Republic of China-origin items that meet the definition of goods
and services controlled as munitions items when moved to the ‘‘600 se-
ries’’ of the Commerce Control List.
Sec. 1297. International sales process improvements.
Sec. 1298. Efforts to end modern slavery.
TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in
People’s Republic of China.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—National Defense Stockpile
Sec. 1411. Authority to dispose of certain materials from and to acquire additional
materials for the National Defense Stockpile.
Sec. 1412. National Defense Stockpile matters.
Subtitle C—Chemical Demilitarization Matters
Sec. 1421. National Academies of Sciences study on conventional munitions demili-
tarization alternative technologies.
Subtitle D—Other Matters
Sec. 1431. Authority for transfer of funds to joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund for Captain
James A. Lovell Health Care Center, Illinois.
Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home.
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of appropriations.
Sec. 1502. Procurement.
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Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.

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Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health program.

Subtitle B—Financial Matters

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

Subtitle C—Limitations, Reports, and Other Matters

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

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE

MATTERS

Subtitle A—Space Activities

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

Subtitle B—Defense Intelligence and Intelligence-Related Activities

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

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

Subtitle D—Nuclear Forces

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

Subtitle E—Missile Defense Programs

Sec. 1681. National missile defense policy.
Sec. 1682. Extensions of prohibitions relating to missile defense information and
systems.
Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the bal-
listic missile defense system.
Sec. 1684. Review of the missile defeat policy and strategy of the United States.
Sec. 1685. Maximizing Aegis Ashore capability and developing medium range dis-
crimination radar.
Sec. 1686. Technical authority for integrated air and missile defense activities and
programs.
Sec. 1687. Hypersonic defense capability development.
Sec. 1688. Conventional Prompt Global Strike weapons system.
Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse
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defense element of ballistic missile defense system.

Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative mis-
sile defense program codevelopment and coproduction.

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Sec. 1691. Limitations on availability of funds for lower tier air and missile defense
capability of the Army.
Sec. 1692. Pilot program on loss of unclassified, controlled technical information.
Sec. 1693. Plan for procurement of medium-range discrimination radar to improve
homeland missile defense.
Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based
midcourse defense and evaluation of alternative ground-based inter-
ceptor deployments.
Sec. 1695. Semiannual notifications on missile defense tests and costs.
Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency.
Subtitle F—Other Matters
Sec. 1697. Protection of certain facilities and assets from unmanned aircraft.
Sec. 1698. Harmful interference to Department of Defense Global Positioning Sys-
tem.
TITLE XVII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT
Sec. 1701. Short title.
Sec. 1702. Recognition of the suffering and loyalty of the residents of Guam.
Sec. 1703. Guam World War II Claims Fund.
Sec. 1704. Payments for Guam World War II claims.
Sec. 1705. Adjudication.
Sec. 1706. Grants program to memorialize the occupation of Guam during World
War II.
Sec. 1707. Authorization of appropriations.
TITLE XVIII—MATTERS RELATING TO SMALL BUSINESS PROCUREMENT
Subtitle A—Improving Transparency and Clarity for Small Businesses
Sec. 1801. Plain language rewrite of requirements for small business procurements.
Sec. 1802. Transparency in small business goals.
Subtitle B—Clarifying the Roles of Small Business Advocates
Sec. 1811. Scope of review by procurement center representatives.
Sec. 1812. Duties of the Office of Small and Disadvantaged Business Utilization.
Sec. 1813. Improving contractor compliance.
Sec. 1814. Improving education on small business regulations.
Subtitle C—Strengthening Opportunities for Competition in Subcontracting
Sec. 1821. Good faith in subcontracting.
Sec. 1822. Pilot program to provide opportunities for qualified subcontractors to ob-
tain past performance ratings.
Sec. 1823. Amendments to the Mentor-Protege Program of the Department of De-
fense.
Subtitle D—Miscellaneous Provisions
Sec. 1831. Improvements to size standards for small agricultural producers.
Sec. 1832. Uniformity in service-disabled veteran definitions.
Sec. 1833. Office of Hearings and Appeals.
Sec. 1834. Extension of SBIR and STTR programs.
Sec. 1835. Issuance of guidance on small business matters.
Subtitle E—Improving Cyber Preparedness for Small Businesses
Sec. 1841. Small Business Development Center Cyber Strategy and outreach.
Sec. 1842. Role of small business development centers in cybersecurity and pre-
paredness.
Sec. 1843. Additional cybersecurity assistance for small business development cen-
ters.
Sec. 1844. Prohibition on additional funds.
TITLE XIX—DEPARTMENT OF HOMELAND SECURITY COORDINATION
Sec. 1901. Department of Homeland Security coordination.
Sec. 1902. Office of Strategy, Policy, and Plans of the Department of Homeland Se-
curity.
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Sec. 1903. Management and execution.

Sec. 1904. Chief Human Capital Officer of the Department of Homeland Security.
Sec. 1905. Department of Homeland Security transparency.

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Sec. 1906. Transparency in research and development.
Sec. 1907. United States Government review of certain foreign fighters.
Sec. 1908. National strategy to combat terrorist travel.
Sec. 1909. National Operations Center.
Sec. 1910. Department of Homeland Security strategy for international programs.
Sec. 1911. State and high-risk urban area working groups.
Sec. 1912. Cybersecurity strategy for the Department of Homeland Security.
Sec. 1913. EMP and GMD planning, research and development, and protection and
preparedness.
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.
Sec. 2208. Status of ‘‘net negative’’ policy regarding Navy acreage on Guam.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project.
Sec. 2306. Extension of authorization of certain fiscal year 2013 project.
Sec. 2307. Extension of authorization of certain fiscal year 2014 project.
Sec. 2308. Restriction on acquisition of property in Northern Mariana Islands.
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.
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Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
land acquisition projects.

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Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Subtitle B—Other Matters

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

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

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

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

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

Subtitle B—Real Property and Facilities Administration

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

Subtitle C—Land Conveyances

Sec. 2821. Land conveyance, High Frequency Active Auroral Research Program fa-
cility and adjacent property, Gakona, Alaska.
Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska.
Sec. 2823. Lease, Joint Base Elmendorf-Richardson, Alaska.
Sec. 2824. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona.
Sec. 2825. Exchange of property interests, San Diego Unified Port District, Cali-
fornia.
Sec. 2826. Release of property interests retained in connection with land conveyance,
Eglin Air Force Base, Florida.
Sec. 2827. Land exchange, Fort Hood, Texas.
Sec. 2828. Land Conveyance, P–36 Warehouse, Colbern United States Army Reserve
Center, Laredo, Texas.
Sec. 2829. Land conveyance, St. George National Guard Armory, St. George, Utah.
Sec. 2829A. Land acquisitions, Arlington County, Virginia.
Sec. 2829B. Release of restrictions, Richland Innovation Center, Richland, Wash-
ington.
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Sec. 2829C. Modification of land conveyance, Rocky Mountain Arsenal National

Wildlife Refuge.
Sec. 2829D. Closure of St. Marys Airport.

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Sec. 2829E. Transfer of Fort Belvoir Mark Center Campus from the Secretary of the
Army to the Secretary of Defense and applicability of certain provisions
of law relating to the Pentagon Reservation.
Sec. 2829F. Return of certain lands at Fort Wingate, New Mexico, to the original in-
habitants.
Subtitle D—Military Memorials, Monuments, and Museums
Sec. 2831. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.
Sec. 2832. Renaming site of the Dayton Aviation Heritage National Historical Park,
Ohio.
Sec. 2833. Women’s military service memorials and museums.
Sec. 2834. Petersburg National Battlefield boundary modification.
Subtitle E—Designations and Other Matters
Sec. 2841. Designation of portion of Moffett Federal Airfield, California, as Moffett
Air National Guard Base.
Sec. 2842. Redesignation of Mike O’Callaghan Federal Medical Center.
Sec. 2843. Replenishment of Sierra Vista subwatershed regional aquifer, Arizona.
Sec. 2844. Limited exceptions to restriction on development of public infrastructure
in connection with realignment of Marine Corps forces in Asia-Pacific
region.
Sec. 2845. Duration of withdrawal and reservation of public land, Naval Air Weap-
ons Station China Lake, California.
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION
Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition projects.
Sec. 2903. Authorization of appropriations.
TITLE XXX—UTAH TEST AND TRAINING RANGE AND RELATED MATTERS
Subtitle A—Authorization for Temporary Closure of Certain Public Land Adjacent
to the Utah Test and Training Range
Sec. 3001. Definitions.
Sec. 3002. Memorandum of agreement.
Sec. 3003. Temporary closures.
Sec. 3004. Liability.
Sec. 3005. Community resource advisory group.
Sec. 3006. Savings clauses.
Subtitle B—Bureau of Land Management Land Exchange With State of Utah
Sec. 3011. Definitions.
Sec. 3012. Exchange of Federal land and non-Federal land.
Sec. 3013. Status and management of non-Federal land acquired by the United
States.
Sec. 3014. Hazardous substances.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Independent acquisition project reviews of capital assets acquisition
projects.
Sec. 3112. Protection of certain nuclear facilities and assets from unmanned air-
craft.
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Sec. 3113. Common financial reporting system for the nuclear security enterprise.
Sec. 3114. Rough estimate of total life cycle cost of tank waste cleanup at Hanford
Nuclear Reservation.

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Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant.
Sec. 3116. Disposition of weapons-usable plutonium.
Sec. 3117. Design basis threat.
Sec. 3118. Industry best practices in operations at National Nuclear Security Ad-
ministration facilities and sites.
Sec. 3119. Pilot program on unavailability for overhead costs of amounts specified
for laboratory-directed research and development.
Sec. 3120. Research and development of advanced naval nuclear fuel system based
on low-enriched uranium.
Sec. 3121. Increase in certain limitations applicable to funds for conceptual and
construction design of the Department of Energy.
Sec. 3122. Prohibition on availability of funds for programs in Russian Federation.
Sec. 3123. Limitation on availability of funds for Federal salaries and expenses.
Sec. 3124. Limitation on availability of funds for defense environmental cleanup
program direction.
Sec. 3125. Limitation on availability of funds for acceleration of nuclear weapons
dismantlement.
Subtitle C—Plans and Reports
Sec. 3131. Independent assessment of technology development under defense envi-
ronmental cleanup program.
Sec. 3132. Updated plan for verification and monitoring of proliferation of nuclear
weapons and fissile material.
Sec. 3133. Report on the use of highly-enriched uranium for naval reactors.
Sec. 3134. Analysis of approaches for supplemental treatment of low-activity waste
at Hanford Nuclear Reservation.
Sec. 3135. Clarification of annual report and certification on status of security of
atomic energy defense facilities.
Sec. 3136. Report on service support contracts and authority for appointment of cer-
tain personnel.
Sec. 3137. Elimination of certain reporting requirements.
Sec. 3138. Report on United States nuclear deterrence.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME MATTERS
Subtitle A—Maritime Administration, Coast Guard, and Shipping Matters
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Authority to extend certain age restrictions relating to vessels in the Mari-
time Security Fleet.
Sec. 3503. Corrections to provisions enacted by Coast Guard Authorization Acts.
Sec. 3504. Status of National Defense Reserve Fleet vessels.
Sec. 3505. NDRF national security multi-mission vessel.
Sec. 3506. Superintendent of United States Merchant Marine Academy.
Sec. 3507. Use of National Defense Reserve Fleet scrapping proceeds.
Sec. 3508. Floating dry docks.
Sec. 3509. Transportation worker identification credentials for individuals under-
going separation, discharge, or release from the Armed Forces.
Sec. 3510. Actions to address sexual harassment and sexual assault at the United
States Merchant Marine Academy.
Sec. 3511. Sexual assault response coordinators and sexual assault victim advo-
cates.
Sec. 3512. Report from the Department of Transportation Inspector General.
Sec. 3513. Sexual assault prevention and response working group.
Sec. 3514. Sea Year compliance.
Sec. 3515. State maritime academy physical standards and reporting.
Sec. 3516. Appointments.
Sec. 3517. Maritime workforce working group.
Sec. 3518. Maritime extreme weather task force.
Sec. 3519. Workforce plans and onboarding policies.
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Sec. 3520. Drug and alcohol policy.

Sec. 3521. Vessel transfers.
Sec. 3522. Clarifying amendment; continuation boards.

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Sec. 3523. Polar icebreaker recapitalization plan.
Sec. 3524. GAO report on icebreaking capability in United States.
Subtitle B—Pribilof Islands Transition Completion
Sec. 3531. Short title.
Sec. 3532. Conveyance of property.
Sec. 3533. Transfer, use, and disposal of tract 43.
Subtitle C—Sexual Harassment and Assault Prevention at the National Oceanic and
Atmospheric Administration
Sec. 3541. Actions to address sexual harassment at National Oceanic and Atmos-
pheric Administration.
Sec. 3542. Actions to address sexual assault at National Oceanic and Atmospheric
Administration.
Sec. 3543. Rights of the victim of a sexual assault.
Sec. 3544. Change of station.
Sec. 3545. Applicability of policies to crews of vessels secured by National Oceanic
and Atmospheric Administration under contract.
Sec. 3546. Annual report on sexual assaults in the National Oceanic and Atmos-
pheric Administration.
Sec. 3547. Sexual assault defined.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for overseas contingency operations for base requirements.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations.
Sec. 4203. Research, development, test, and evaluation for overseas contingency op-
erations for base requirements.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
Sec. 4303. Operation and maintenance for overseas contingency operations for base
requirements.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
Sec. 4403. Military personnel for overseas contingency operations for base require-
ments.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
Sec. 4503. Other authorizations for overseas contingency operations for base require-
ments.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for overseas contingency operations for base require-
ments.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
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DIVISION E—UNIFORM CODE OF MILITARY JUSTICE REFORM

Sec. 5001. Short title.

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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. Military magistrates.
Sec. 5186. Qualifications of trial counsel and defense counsel.
Sec. 5187. Assembly and impaneling of members and related matters.
TITLE LVI—PRE-TRIAL PROCEDURE
Sec. 5201. Charges and specifications.
Sec. 5202. Certain proceedings conducted before referral.
Sec. 5203. Preliminary hearing required before referral to general court-martial.
Sec. 5204. Disposition guidance.
Sec. 5205. Advice to convening authority before referral for trial.
Sec. 5206. Service of charges and commencement of trial.
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 evi-
dence.
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 responsi-
bility.
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
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Sec. 5301. Sentencing.

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

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TITLE LIX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
Sec. 5321. Post-trial processing in general and special courts-martial.
Sec. 5322. Limited authority to act on sentence in specified post-trial circumstances.
Sec. 5323. Post-trial actions in summary courts-martial and certain general and
special courts-martial.
Sec. 5324. Entry of judgment.
Sec. 5325. Waiver of right to appeal and withdrawal of appeal.
Sec. 5326. Appeal by the United States.
Sec. 5327. Rehearings.
Sec. 5328. Judge advocate review of finding of guilty in summary court-martial.
Sec. 5329. Transmittal and review of records.
Sec. 5330. Courts of Criminal Appeals.
Sec. 5331. Review by Court of Appeals for the Armed Forces.
Sec. 5332. Supreme Court review.
Sec. 5333. Review by Judge Advocate General.
Sec. 5334. Appellate defense counsel in death penalty cases.
Sec. 5335. Authority for hearing on vacation of suspension of sentence to be con-
ducted by qualified judge advocate.
Sec. 5336. Extension of time for petition for new trial.
Sec. 5337. Restoration.
Sec. 5338. Leave requirements pending review of certain court-martial convictions.
TITLE LX—PUNITIVE ARTICLES
Sec. 5401. Reorganization of punitive articles.
Sec. 5402. Conviction of offense charged, lesser included offenses, and attempts.
Sec. 5403. Soliciting commission of offenses.
Sec. 5404. Malingering.
Sec. 5405. Breach of medical quarantine.
Sec. 5406. Missing movement; jumping from vessel.
Sec. 5407. Offenses against correctional custody and restriction.
Sec. 5408. Disrespect toward superior commissioned officer; assault of superior com-
missioned officer.
Sec. 5409. Willfully disobeying superior commissioned officer.
Sec. 5410. Prohibited activities with military recruit or trainee by person in position
of special trust.
Sec. 5411. Offenses by sentinel or lookout.
Sec. 5412. Disrespect toward sentinel or lookout.
Sec. 5413. Release of prisoner without authority; drinking with prisoner.
Sec. 5414. Penalty for acting as a spy.
Sec. 5415. Public records offenses.
Sec. 5416. False or unauthorized pass offenses.
Sec. 5417. Impersonation offenses.
Sec. 5418. Insignia offenses.
Sec. 5419. False official statements; false swearing.
Sec. 5420. Parole violation.
Sec. 5421. Wrongful taking, opening, etc. of mail matter.
Sec. 5422. Improper hazarding of vessel or aircraft.
Sec. 5423. Leaving scene of vehicle accident.
Sec. 5424. Drunkenness and other incapacitation offenses.
Sec. 5425. Lower blood alcohol content limits for conviction of drunken or reckless
operation of vehicle, aircraft, or vessel.
Sec. 5426. Endangerment offenses.
Sec. 5427. Communicating threats.
Sec. 5428. Technical amendment relating to murder.
Sec. 5429. Child endangerment.
Sec. 5430. Rape and sexual assault offenses.
Sec. 5431. Deposit of obscene matter in the mail.
Sec. 5432. Fraudulent use of credit cards, debit cards, and other access devices.
Sec. 5433. False pretenses to obtain services.
Sec. 5434. Robbery.
Sec. 5435. Receiving stolen property.
Sec. 5436. Offenses concerning Government computers.
Sec. 5437. Bribery.
Sec. 5438. Graft.
Sec. 5439. Kidnapping.
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Sec. 5440. Arson; burning property with intent to defraud.

Sec. 5441. Assault.
Sec. 5442. Burglary and unlawful entry.

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Sec. 5443. Stalking.
Sec. 5444. Subornation of perjury.
Sec. 5445. Obstructing justice.
Sec. 5446. Misprision of serious offense.
Sec. 5447. Wrongful refusal to testify.
Sec. 5448. Prevention of authorized seizure of property.
Sec. 5449. Wrongful interference with adverse administrative proceeding.
Sec. 5450. Retaliation.
Sec. 5451. Extraterritorial application of certain offenses.
Sec. 5452. Table of sections.
TITLE LXI—MISCELLANEOUS PROVISIONS
Sec. 5501. Technical amendments relating to courts of inquiry.
Sec. 5502. Technical amendment to Article 136.
Sec. 5503. Articles of Uniform Code of Military Justice to be explained to officers
upon commissioning.
Sec. 5504. Military justice case management; data collection and accessibility.
TITLE LXII—MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
Sec. 5521. Military Justice Review Panel.
Sec. 5522. Annual reports.
TITLE LXIII—CONFORMING AMENDMENTS AND EFFECTIVE DATES
Sec. 5541. Amendments to UCMJ subchapter tables of sections.
Sec. 5542. Effective dates.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ‘‘congressional defense committees’’ has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing in
the Congressional Record by the Chairmen of the House and Senate
Budget Committees, provided that such statement has been sub-
mitted prior to the vote on passage in the House acting first on the
conference report or amendment between the Houses.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Multiyear procurement authority for AH–64E Apache helicopters.
Sec. 112. Multiyear procurement authority for UH–60M and HH–60M Black Hawk
helicopters.
Sec. 113. Distributed Common Ground System–Army increment 1.
Sec. 114. Assessment of certain capabilities of the Department of the Army.
Subtitle C—Navy Programs
Sec. 121. Determination of vessel delivery dates.
Sec. 122. Incremental funding for detail design and construction of LHA replace-
ment ship designated LHA 8.
Sec. 123. Littoral Combat Ship.
Sec. 124. Limitation on use of sole-source shipbuilding contracts for certain vessels.
Sec. 125. Limitation on availability of funds for the Advanced Arresting Gear Pro-
gram.
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Sec. 126. Limitation on availability of funds for procurement of U.S.S. Enterprise

(CVN–80).
Sec. 127. Sense of Congress on aircraft carrier procurement schedules.

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Sec. 128. Report on P–8 Poseidon aircraft.
Sec. 129. Design and construction of replacement dock landing ship designated
LX(R) or amphibious transport dock designated LPD–29.
Subtitle D—Air Force Programs
Sec. 131.
EC–130H Compass Call recapitalization program.
Sec. 132.
Repeal of requirement to preserve certain retired C–5 aircraft.
Sec. 133.
Repeal of requirement to preserve F–117 aircraft in recallable condition.
Sec. 134.
Prohibition on availability of funds for retirement of A–10 aircraft.
Sec. 135.
Limitation on availability of funds for destruction of A–10 aircraft in stor-
age status.
Sec. 136. Prohibition on availability of funds for retirement of Joint Surveillance
Target Attack Radar System aircraft.
Sec. 137. Elimination of annual report on aircraft inventory.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 141. Standardization of 5.56mm rifle ammunition.
Sec. 142. Fire suppressant and fuel containment standards for certain vehicles.
Sec. 143. Limitation on availability of funds for destruction of certain cluster muni-
tions.
Sec. 144. Report on Department of Defense munitions strategy for the combatant
commands.
Sec. 145. Modifications to reporting on use of combat mission requirements funds.
Sec. 146. Report on alternative management structures for the F–35 joint strike
fighter program.
Sec. 147. Comptroller General review of F–35 Lightning II aircraft sustainment sup-
port.
Sec. 148. Briefing on acquisition strategy for Ground Mobility Vehicle.
Sec. 149. Study and report on optimal mix of aircraft capabilities for the Armed
Forces.

Subtitle A—Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for procurement for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the fund-
ing table in section 4101.
Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–64E
APACHE HELICOPTERS.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 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 con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract for
a fiscal year after fiscal year 2017 is subject to the availability of
appropriations for that purpose for such later fiscal year.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–60M AND
HH–60M BLACK HAWK HELICOPTERS.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the Army
may enter into one or more multiyear contracts, beginning with the
fiscal year 2017 program year, for the procurement of UH–60M and
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HH–60M Black Hawk helicopters.

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that any obliga-

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 30

tion of the United States to make a payment under the contract for
a fiscal year after fiscal year 2017 is subject to the availability of
appropriations for that purpose for such later fiscal year.
SEC. 113. DISTRIBUTED COMMON GROUND SYSTEM–ARMY INCREMENT
1.
(a) TRAINING FOR OPERATORS.—The Secretary of the Army shall
take such actions as may be necessary to improve and tailor train-
ing for covered units in the versions of increment 1 that are in use
on the date of the enactment of this Act.
(b) FIELDING OF CAPABILITY.—
(1) IN GENERAL.—The Secretary shall rapidly identify and
field a capability for fixed and deployable multi-source ground
processing systems for covered units.
(2) COMMERCIALLY AVAILABLE CAPABILITIES.—In carrying
out paragraph (1), the Secretary shall procure commercially
available off-the-shelf technologies that—
(A) meet essential tactical requirements for processing,
analyzing, and displaying intelligence information;
(B) can integrate and communicate with covered units
at the tactical unit level and at higher unit levels;
(C) are substantially easier for personnel to use than
the Distributed Common Ground System–Army; and
(D) require less training than the Distributed Common
Ground System–Army.
(c) LIMITATION ON THE AWARD OF CONTRACT.—The Secretary
may not enter into a contract for the design, development, or pro-
curement of any data architecture, data integration, or ‘‘cloud’’ ca-
pability, or any data analysis or data visualization and workflow
capability (including warfighting function tools relating to incre-
ment 1 of the Distributed Common Ground System–Army) for cov-
ered units unless the contract—
(1) is awarded not later than 180 days after the date of the
enactment of this Act;
(2) is awarded in accordance with applicable law and regu-
lations providing for the use of competitive procedures or proce-
dures applicable to the procurement of commercial items in-
cluding parts 12 and 15 of the Federal Acquisition Regulation;
(3) is a fixed-price contract; and
(4) provides that the technology to be procured under the
contract will—
(A) begin initial fielding rapidly after the contract
award;
(B) achieve initial operating capability not later than
nine months after the date on which the contract is award-
ed; and
(C) achieve full operating capability not later than 18
months after the date on which the contract is awarded.
(d) WAIVER.—
(1) IN GENERAL.—The Secretary of Defense may waive the
limitation in subsection (c) if the Secretary submits to the ap-
propriate congressional committees a written statement declar-
ing that such limitation would adversely affect ongoing oper-
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ational activities.
(2) NONDELEGATION.—The Secretary of Defense may not
delegate the waiver authority under paragraph (1).

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 31

(e) DEFINITIONS.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the Senate;
and
(C) the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) COVERED UNITS.—The term ‘‘covered units’’ means mili-
tary units that use increment 1 of the Distributed Common
Ground System–Army, including tactical units and operators at
the division, brigade, and battalion levels, and tactical units
below the battalion level.
SEC. 114. ASSESSMENT OF CERTAIN CAPABILITIES OF THE DEPART-
MENT OF THE ARMY.
(a) ASSESSMENT.—The Secretary of Defense, in consultation
with the Secretary of the Army and the Chief of Staff of the Army,
shall conduct an assessment of the following capabilities with re-
spect to the Department of the Army:
(1) The capacity of AH–64 Apache-equipped attack recon-
naissance battalions to meet future needs.
(2) Air defense artillery capacity and responsiveness, in-
cluding—
(A) the capacity of short-range air defense artillery to
address existing and emerging threats, including threats
posed by unmanned aerial systems, cruise missiles, and
manned aircraft; and
(B) the potential for commercial off-the-shelf solutions.
(3) Chemical, biological, radiological, and nuclear capabili-
ties and modernization needs.
(4) Field artillery capabilities, including—
(A) modernization needs;
(B) munitions inventory shortfalls; and
(C) changes in doctrine and war plans consistent with
the Memorandum of the Secretary of Defense dated June
19, 2008, regarding the Department of Defense policy on
cluster munitions and unintended harm to civilians.
(5) Fuel distribution and water purification capacity and
responsiveness.
(6) Watercraft and port-opening capabilities and respon-
siveness.
(7) Transportation capacity and responsiveness, particu-
larly with respect to the transportation of fuel, water, and
cargo.
(8) Military police capacity.
(9) Tactical mobility and tactical wheeled vehicle capacity,
including heavy equipment prime movers.
(b) REPORT.—Not later than April 1, 2017, the Secretary of De-
fense shall submit to the congressional defense committees a report
that includes—
(1) the assessment conducted under subsection (a);
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(2) recommendations for reducing or eliminating shortfalls

in responsiveness and capacity with respect to each of the capa-
bilities described in such subsection; and

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 32

(3) an estimate of the costs of implementing such rec-

ommendations.
(c) FORM.—The report under subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
Subtitle C—Navy Programs
SEC. 121. DETERMINATION OF VESSEL DELIVERY DATES.
(a) DETERMINATION OF VESSEL DELIVERY DATES.—
(1) IN GENERAL.—Chapter 633 of title 10, United States
Code, is amended by inserting after section 7300 the following
new section:
‘‘§ 7301. Determination of vessel delivery dates
‘‘(a) IN GENERAL.—The delivery of a covered vessel shall be
deemed to occur on the date on which—
‘‘(1) the Secretary of the Navy determines that the vessel is
assembled and complete; and
‘‘(2) custody of the vessel and all systems contained in the
vessel transfers to the Navy.
‘‘(b) INCLUSION IN BUDGET AND ACQUISITION REPORTS.—The
delivery dates of covered vessels shall be included—
‘‘(1) in the materials submitted to Congress by the Secretary
of Defense in support of the budget of the President for each fis-
cal year (as submitted to Congress under section 1105(a) of title
31, United States Code); and
‘‘(2) in any relevant Selected Acquisition Report submitted
to Congress under section 2432 of this title.
‘‘(c) COVERED VESSEL DEFINED.—In this section, the term ‘cov-
ered vessel’ means any vessel of the Navy that is under construction
on or after the date of the enactment of this section using amounts
authorized to be appropriated for the Department of Defense for
shipbuilding and conversion, Navy.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter is amended by inserting after the item
relating to section 7300 the following new item:
‘‘7301. Determination of vessel delivery dates.’’.
(b) CERTIFICATION.—
(1) IN GENERAL.—Not later than January 1, 2017, the Sec-
retary of the Navy shall certify to the congressional defense
committees that the delivery dates of the following vessels have
been adjusted in accordance with section 7301 of title 10,
United States Code, as added by subsection (a):
(A) The U.S.S. John F. Kennedy (CVN–79).
(B) The U.S.S. Zumwalt (DDG–1000).
(C) The U.S.S. Michael Monsoor (DDG–1001).
(D) The U.S.S. Lyndon B. Johnson (DDG–1002).
(E) Any other vessel of the Navy that is under construc-
tion on the date of the enactment of this Act.
(2) CONTENTS.—The certification under paragraph (1) shall
include—
(A) an identification of each vessel for which the deliv-
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ery date was adjusted; and

(B) the delivery date of each such vessel, as so ad-
justed.

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 33
SEC. 122. INCREMENTAL FUNDING FOR DETAIL DESIGN AND CON-
STRUCTION 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 des-
ignated 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 con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract for
any subsequent fiscal year is subject to the availability of appropria-
tions for that purpose for such subsequent fiscal year.
SEC. 123. LITTORAL COMBAT SHIP.
(a) REPORT ON LITTORAL COMBAT SHIP MISSION PACKAGES.—
(1) IN GENERAL.—The Secretary of Defense shall include in
the materials submitted in support of the budget of the Presi-
dent (as submitted to Congress under section 1105(a) of title 31,
United States Code) for each fiscal year through fiscal year
2022 a report on Littoral Combat Ship mission packages.
(2) ELEMENTS.—Each report under paragraph (1) shall in-
clude, with respect to each Littoral Combat Ship mission pack-
age and increment, the following:
(A) A description of the status of and plans for develop-
ment, production, and sustainment, including—
(i) projected unit costs compared to originally esti-
mated unit costs for each system that comprises the
mission package;
(ii) projected development costs, procurement costs,
and 20-year sustainment costs compared to original es-
timates of such costs for each system that comprises the
mission package;
(iii) demonstrated performance compared to re-
quired performance for each system that comprises the
mission package and for the mission package as a
whole;
(iv) problems relating to realized and potential
costs, schedule, or performance; and
(v) any development plans, production plans, or
sustainment and mitigation plans that may be imple-
mented to address such problems.
(B) A description, including dates, of each develop-
mental test, operational test, integrated test, and follow-on
test event that is—
(i) completed in the fiscal year preceding the fiscal
year covered by the report; and
(ii) expected to be completed in the fiscal year cov-
ered by the report and any of the following five fiscal
years.
(C) The date on which initial operational capability is
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expected to be attained and a description of the perform-

ance level criteria that must be demonstrated to declare
that such capability has been attained.

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 34

(D) A description of—

(i) the systems that attained initial operational ca-
pability in the fiscal year preceding the fiscal year cov-
ered by the report; and
(ii) the performance level demonstrated by such
systems compared to the performance level required of
such systems.
(E) The acquisition inventory objective for each system.
(F) An identification of—
(i) each location (including the city, State, and
country) to which systems were delivered in the fiscal
year preceding the fiscal year covered by the report;
and
(ii) the quantity of systems delivered to each such
location.
(G) An identification of—
(i) each location (including the city, State, and
country) to which systems are projected to be delivered
in the fiscal year covered by the report and any of the
following five fiscal years; and
(ii) the quantity of systems projected to be delivered
to each such location.
(b) CERTIFICATION OF LITTORAL COMBAT SHIP MISSION PACK-
AGE PROGRAM OF RECORD.—
(1) IN GENERAL.—The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics shall include in the mate-
rials submitted in support of the budget of the President (as
submitted to Congress under section 1105(a) of title 31, United
States Code) for fiscal year 2018 the certification described in
paragraph (2).
(2) CERTIFICATION.—The certification described in this
paragraph is a certification with respect to Littoral Combat
Ship mission packages that includes, as of the fiscal year cov-
ered by the certification, the program of record quantity for—
(A) surface warfare mission packages;
(B) anti-submarine warfare mission packages; and
(C) mine countermeasures mission packages.
(c) LIMITATIONS.—
(1) LIMITATION ON DEVIATION FROM ACQUISITION STRAT-
EGY.—
(A) IN GENERAL.—The Secretary of Defense may not re-
vise or deviate from revision three of the Littoral Combat
Ship acquisition strategy, until the date on which the Sec-
retary submits to the congressional defense committees the
certification described in subparagraph (B).
(B) CERTIFICATION.—The certification described in this
subparagraph is a certification that includes—
(i) the rationale of the Secretary for revising or de-
viating from revision three of the Littoral Combat Ship
acquisition strategy;
(ii) a description of each such revision or deviation;
and
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(iii) the Littoral Combat Ship acquisition strategy

that is in effect following the implementation of such
revisions or deviations.

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 35

(2) LIMITATION ON SELECTION OF SINGLE CONTRACTOR.—

The Secretary of Defense may not select only a single prime con-
tractor to construct the Littoral Combat Ship or any successor
frigate class ship unless such selection—
(A) is conducted using competitive procedures and for
the limited purpose of awarding a contract or contracts
for—
(i) an engineering change proposal for a frigate
class ship; or
(ii) the construction of a frigate class ship; and
(B) occurs only after a frigate design has—
(i) reached sufficient maturity and completed a
preliminary design review; or
(ii) demonstrated an equivalent level of design
completeness.
(d) DEFINITIONS.—In this section:
(1) LITTORAL COMBAT SHIP MISSION PACKAGE.—The term
‘‘Littoral Combat Ship mission package’’ means a mission mod-
ule for a Littoral Combat Ship combined with the crew detach-
ment and support aircraft for such ship.
(2) MISSION MODULE.—The term ‘‘mission module’’ means
the mission systems (including vehicles, communications, sen-
sors, and weapons systems) combined with support equipment
(including support containers and standard interfaces) and
software (including software relating to the computing environ-
ment and multiple vehicle communications system of the mis-
sion package).
(3) REVISION THREE.—The term ‘‘revision three of the Lit-
toral Combat Ship acquisition strategy’’ means the third revi-
sion of the Littoral Combat Ship acquisition strategy approved
by the Under Secretary of Defense for Acquisition, Technology,
and Logistics on March 29, 2016.
(e) REPEAL OF QUARTERLY REPORTING REQUIREMENT.—Section
126 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112–239; 126 Stat. 1657) is amended—
(1) by striking subsection (b); and
(2) by striking ‘‘(a) DESIGNATION REQUIRED.—’’.
SEC. 124. LIMITATION ON USE OF SOLE-SOURCE SHIPBUILDING CON-
TRACTS FOR CERTAIN VESSELS.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for the Department
of Defense for fiscal year 2017 for joint high speed vessels or expedi-
tionary fast transports may be used to enter into or prepare to enter
into a contract on a sole-source basis for the construction of such
vessels or transports unless the Secretary of the Navy submits to the
congressional defense committees the certification described in sub-
section (b) and the report described in subsection (c).
(b) CERTIFICATION.—The certification described in this sub-
section is a certification by the Secretary of the Navy that—
(1) awarding a contract for the construction of one or more
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joint high speed vessels or expeditionary fast transports on a

sole-source basis is in the national security interests of the
United States;

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 36

(2) the construction of the vessels or transports will not re-

sult in exceeding the requirement for the ship class, as de-
scribed in the most recent Navy force structure assessment;
(3) the contract will be a fixed-price contract;
(4) the price of the contract will be fair and reasonable, as
determined by the service acquisition executive of the Navy; and
(5) the contract will provide for the United States to have
Government purpose rights in the data for the ship design.
(c) REPORT.—The report described in this subsection is a report
that includes—
(1) an explanation of the rationale for awarding a contract
for the construction of joint high speed vessels or expeditionary
fast transports on a sole-source basis; and
(2) a description of—
(A) actions that may be carried out to ensure that, if
additional ships in the class are procured after the award
of the contract referred to in paragraph (1), the contracts
for the ships shall be awarded using competitive proce-
dures; and
(B) with respect to each such action, an implementation
schedule and any associated cost savings, as compared to
a contract awarded on a sole-source basis.
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE AD-
VANCED ARRESTING GEAR PROGRAM.
(a) ADVANCED ARRESTING GEAR FOR U.S.S. ENTERPRISE.—None
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the research and develop-
ment, design, procurement, or advanced procurement of materials
for advanced arresting gear for the U.S.S. Enterprise (CVN–80) may
be obligated or expended until the Secretary of Defense submits to
the congressional defense committees the report described in section
2432 of title 10, United States Code, for the most recently concluded
fiscal quarter for the Advanced Arresting Gear Program in accord-
ance with subsection (c)(1).
(b) ADVANCED ARRESTING GEAR FOR U.S.S. JOHN F. KEN-
NEDY.—None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for the research
and development, design, procurement, or advanced procurement of
materials for advanced arresting gear for the U.S.S. John F. Ken-
nedy (CVN–79) may be obligated or expended unless—
(1) the decision to install advanced arresting gear on the
vessel is determined by the milestone decision authority for the
Program; and
(2) the milestone decision authority for the Program sub-
mits notification of such determination to the congressional de-
fense committees.
(c) ADDITIONAL REQUIREMENTS.—
(1) TREATMENT OF BASELINE ESTIMATE.—The Secretary of
Defense shall deem the Baseline Estimate for the Advanced Ar-
resting Gear Program for fiscal year 2009 as the original Base-
line Estimate for the Program.
(2) UNIT COST REPORTS AND CRITICAL COST GROWTH.—
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(A) Subject to subparagraph (B), the Secretary shall

carry out sections 2433 and 2433a of title 10, United States
Code, with respect to the Advanced Arresting Gear Pro-

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 37

gram, as if the Department had submitted a Selected Ac-

quisition Report for the Program that included the Baseline
Estimate for the Program for fiscal year 2009 as the origi-
nal Baseline Estimate, except that the Secretary shall not
carry out subparagraph (B) or subparagraph (C) of section
2433a(c)(1) of such title with respect to the Program.
(B) In carrying out the review required by section
2433a of such title, the Secretary shall not approve a con-
tract, enter into a new contract, exercise an option under a
contract, or otherwise extend the scope of a contract for ad-
vanced arresting gear for the U.S.S. Enterprise (CVN–80),
except to the extent determined necessary by the milestone
decision authority, on a non-delegable basis, to ensure that
the Program can be restructured as intended by the Sec-
retary without unnecessarily wasting resources.
(d) DEFINITIONS.—In this section:
(1) BASELINE ESTIMATE.—The term ‘‘Baseline Estimate’’ has
the meaning given the term in section 2433(a)(2) of title 10,
United States Code.
(2) MILESTON DECISION AUTHORITY.—The term ‘‘milestone
decision authority’’ has the meaning given the term in section
2366b(g)(3) of title 10, United States Code.
(3) ORIGINAL BASELINE ESTIMATE.—The term ‘‘original
Baseline Estimate’’ has the meaning given the term in section
2435(d)(1) of title 10, United States Code.
(4) SELECTED ACQUISITION REPORT.—The term ‘‘Selected
Acquisition Report’’ means a Selected Acquisition Report sub-
mitted to Congress under section 2432 of title 10, United States
Code.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCURE-
MENT OF U.S.S. ENTERPRISE (CVN–80).
(a) LIMITATION.—Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2017 for ad-
vance procurement or procurement for the U.S.S. Enterprise (CVN–
80), not more than 25 percent may be obligated or expended until
the date on which the Secretary of the Navy and the Chief of Naval
Operations jointly submit to the congressional defense committees
the report under subsection (b).
(b) INITIAL REPORT ON CVN–79 AND CVN–80.—Not later than
December 1, 2016, the Secretary of the Navy and the Chief of Naval
Operations shall jointly submit to the congressional defense commit-
tees a report that includes a description of actions that may be car-
ried out (including de-scoping requirements, if necessary) to achieve
a ship end cost of—
(1) not more than $12,000,000,000 for the CVN–80; and
(2) not more than $11,000,000,000 for the U.S.S. John F.
Kennedy (CVN–79).
(c) ANNUAL REPORT ON CVN–79 AND CVN–80.—
(1) IN GENERAL.—Together with the budget of the President
for each fiscal year through fiscal year 2021 (as submitted to
Congress under section 1105(a) of title 31, United States Code)
the Secretary of the Navy and the Chief of Naval Operations
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shall submit a report on the efforts of the Navy to achieve the

ship end costs described in subsection (b) for the CVN–79 and
CVN–80.

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 38

(2) ELEMENTS.—The report under paragraph (1) shall in-

clude, with respect to the procurement of the CVN–79 and the
CVN–80, the following:
(A) A description of the progress made toward achiev-
ing the ship end costs described in subsection (b), including
realized cost savings.
(B) A description of low value-added or unnecessary
elements of program cost that have been reduced or elimi-
nated.
(C) Cost savings estimates for current and planned ini-
tiatives.
(D) A schedule that includes—
(i) a plan for spending with phasing of key obliga-
tions and outlays;
(ii) decision points describing when savings may be
realized; and
(iii) key events that must occur to execute initia-
tives and achieve savings.
(E) Instances of lower Government estimates used in
contract negotiations.
(F) A description of risks that may result from achiev-
ing the procurement end costs specified in subsection (b).
(G) A description of incentives or rewards provided or
planned to be provided to prime contractors for meeting the
procurement end costs specified in subsection (b).
SEC. 127. SENSE OF CONGRESS ON AIRCRAFT CARRIER PROCUREMENT
SCHEDULES.
(a) FINDINGS.—Congress finds the following:
(1) In the Congressional Budget Office report titled ‘‘An
Analysis of the Navy’s Fiscal Year 2016 Shipbuilding Plan’’, the
Office stated as follows: ‘‘To prevent the carrier force from de-
clining to 10 ships in the 2040s, 1 short of its inventory goal
of 11, the Navy could accelerate purchases after 2018 to 1 every
four years, rather than 1 every five years’’.
(2) In a report submitted to Congress on March 17, 2015,
the Secretary of the Navy indicated the Department of the Navy
has a requirement of 11 aircraft carriers.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the plan of the Department of the Navy to schedule the
procurement of one aircraft carrier every five years will reduce
the overall aircraft carrier inventory to 10 aircraft carriers, a
level insufficient to meet peacetime and war plan requirements;
and
(2) to accommodate the required aircraft carrier force struc-
ture, the Department of the Navy should—
(A) begin to program construction for the next aircraft
carrier to be built after the U.S.S. Enterprise (CVN–80) in
fiscal year 2022; and
(B) program the required advance procurement activi-
ties to accommodate the construction of such carrier.
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SEC. 128. REPORT ON P–8 POSEIDON AIRCRAFT.

(a) REPORT REQUIRED.—Not later than October 1, 2017, the
Secretary of the Navy shall submit to the congressional defense com-

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 39

mittees a report on potential upgrades to the capabilities of the P–

8 Poseidon aircraft.
(b) ELEMENTS.—The report under subsection (a) shall include,
with respect to the P–8 Poseidon aircraft, the following:
(1) A review of potential upgrades to the sensors onboard
the aircraft, including upgrades to intelligence sensors, surveil-
lance sensors, and reconnaissance sensors such as those being
fielded on MQ–4 Global Hawk aircraft platforms.
(2) An assessment of the ability of the Navy to use long-
range multispectral imaging systems onboard the aircraft that
are similar to such systems being used onboard the MQ–4 Glob-
al Hawk aircraft.
SEC. 129. DESIGN AND CONSTRUCTION OF REPLACEMENT DOCK LAND-
ING SHIP DESIGNATED LX(R) OR AMPHIBIOUS TRANS-
PORT DOCK DESIGNATED LPD–29.
(a) IN GENERAL.—The Secretary of the Navy may enter into a
contract, beginning with the fiscal year 2017 program year, for the
design and construction of the replacement dock landing ship des-
ignated LX(R) or the amphibious transport dock designated LPD–
29 using amounts authorized to be appropriated for the Department
of Defense for Shipbuilding and Conversion, Navy.
(b) USE OF INCREMENTAL FUNDING.—With respect to the con-
tract entered into under subsection (a), the Secretary may use incre-
mental funding to make payments under the contract.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—The con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under such contract
for any fiscal year after fiscal year 2017 is subject to the availability
of appropriations for that purpose for such fiscal year.
Subtitle D—Air Force Programs
SEC. 131. EC–130H COMPASS CALL RECAPITALIZATION PROGRAM.
(a) AUTHORIZATION.—Subject to subsection (b), the Secretary of
the Air Force may carry out a program to transfer the primary mis-
sion equipment of the EC–130H Compass Call aircraft fleet to an
aircraft platform that the Secretary determines—
(1) is more operationally effective and survivable than the
existing EC–130H Compass Call aircraft platform; and
(2) meets the requirements of the combatant commands.
(b) LIMITATION.—
(1) Except as provided in paragraph (2), none of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2017 or any other fiscal year for pro-
curement may be obligated or expended on the program under
subsection (a) until the date on which the Secretary of the Air
Force determines that there is a high likelihood that the pro-
gram will meet the requirements of the combatant commands.
(2) The limitation in paragraph (1)—
(A) shall not apply to the development and procure-
ment of the first two aircraft under the program; and
(B) shall not limit the authority of the Secretary to
enter into a contract that may include an option for the fu-
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ture production of aircraft under the program if—

(i) the exercise of such option is at the discretion of
the Secretary; and

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 40

(ii) such option is not exercised until the Secretary

determines that there is a high likelihood that the pro-
gram will meet the requirements of the combatant com-
mands.
SEC. 132. REPEAL OF REQUIREMENT TO PRESERVE CERTAIN RETIRED
C–5 AIRCRAFT.
Section 141 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat. 1659) is amended by
striking subsection (d).
SEC. 133. REPEAL OF REQUIREMENT TO PRESERVE F–117 AIRCRAFT IN
RECALLABLE CONDITION.
Section 136 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) is
amended by striking subsection (b).
SEC. 134. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF A–10 AIRCRAFT.
(a) PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIRE-
MENT.—None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for the Air Force
may be obligated or expended to retire, prepare to retire, or place
in storage or on backup aircraft inventory status any A–10 aircraft.
(b) ADDITIONAL LIMITATION ON RETIREMENT.—In addition to
the prohibition in subsection (a), the Secretary of the Air Force may
not retire, prepare to retire, or place in storage or on backup aircraft
inventory status any A–10 aircraft until a period of 90 days has
elapsed following the date on which the Secretary submits to the
congressional defense committees the report under subsection (e)(2).
(c) PROHIBITION ON SIGNIFICANT REDUCTIONS IN MANNING LEV-
ELS.—None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for the Air Force
may be obligated or expended to make significant reductions to
manning levels with respect to any A–10 aircraft squadrons or divi-
sions.
(d) MINIMUM INVENTORY REQUIREMENT.—The Secretary of the
Air Force shall ensure the Air Force maintains a minimum of 171
A–10 aircraft designated as primary mission aircraft inventory until
a period of 90 days has elapsed following the date on which the Sec-
retary submits to the congressional defense committees the report
under subsection (e)(2).
(e) REPORTS REQUIRED.—
(1) The Director of Operational Test and Evaluation shall
submit to the congressional defense committees a report that in-
cludes—
(A) the results and findings of the initial operational
test and evaluation of the F–35 aircraft program; and
(B) a comparison test and evaluation that examines the
capabilities of the F–35A and A–10C aircraft in conducting
close air support, combat search and rescue, and forward
air controller airborne missions.
(2) Not later than 180 days after the date of the submission
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of the report under paragraph (1), the Secretary of the Air Force
shall submit to the congressional defense committees a report
that includes—

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 41

(A) the views of the Secretary with respect to the results

of the initial operational test and evaluation of the F–35
aircraft program as summarized in the report under para-
graph (1), including any issues or concerns of the Secretary
with respect to such results;
(B) a plan for addressing any deficiencies and carrying
out any corrective actions identified in such report; and
(C) short-term and long-term strategies for preserving
the capability of the Air Force to conduct close air support,
combat search and rescue, and forward air controller air-
borne missions.
(f) SPECIAL RULE.—
(1) Subject to paragraph (2), the Secretary of the Air Force
may carry out the transition of the A–10 unit at Fort Wayne Air
National Guard Base, Indiana, to an F–16 unit as described by
the Secretary in the Force Structure Actions map submitted in
support of the budget of the President for fiscal year 2017 (as
submitted to Congress under section 1105(a) of title 31, United
States Code).
(2) Subsections (a) through (e) shall apply with respect to
any A–10 aircraft affected by the transition described in para-
graph (1).
SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION
OF A–10 AIRCRAFT IN STORAGE STATUS.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for the Air Force for
fiscal year 2017 or any fiscal year thereafter may be obligated or ex-
pended to scrap, destroy, or otherwise dispose of any potential donor
A–10 aircraft until the date on which the Secretary of the Air Force
submits to the congressional defense committees the report required
under section 134(e)(2).
(b) NOTIFICATION AND CERTIFICATION.—Not later than 45 days
before taking any action to scrap, destroy, or otherwise dispose of
any A–10 aircraft in any storage status in the 309th Aerospace
Maintenance and Regeneration Group, the Secretary of the Air
Force shall—
(1) notify the congressional defense committees of the intent
of the Secretary to take such action; and
(2) certify that the A–10 aircraft subject to such action does
not have serviceable wings or other components that could be
used to prevent the permanent removal of any active inventory
A–10 aircraft from flyable status.
(c) PLAN TO PREVENT REMOVAL A–10 AIRCRAFT FROM FLYABLE
STATUS.—The Secretary of the Air Force shall—
(1) include with the materials submitted to Congress in
support of the budget of the Department of Defense for fiscal
year 2018 (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) a plan to prevent
the permanent removal of any active inventory A–10 aircraft
from flyable status due to unserviceable wings or any other re-
quired component during the period covered by the future years
defense plan submitted to Congress under section 221 of title
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10, United States Code; and

(2) carry out such plan to prevent the permanent removal
of any active inventory A–10 aircraft from flyable status.

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 42

(d) POTENTIAL DONOR A–10 AIRCRAFT DEFINED.—In this sec-

tion, the term ‘‘potential donor A–10 aircraft’’ means any A–10 air-
craft in any storage status in the 309th Aerospace Maintenance and
Regeneration Group that has serviceable wings or other components
that could be used to prevent any active inventory A–10 aircraft
from being permanently removed from flyable status due to unserv-
iceable wings or other components.
SEC. 136. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF JOINT SURVEILLANCE TARGET ATTACK RADAR SYS-
TEM AIRCRAFT.
(a) PROHIBITION.—Except as provided by subsection (b) and in
addition to the prohibition under section 144 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 758), none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2018 for the Air Force may
be obligated or expended to retire, or prepare to retire, any Joint
Surveillance Target Attack Radar System aircraft.
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply to individual Joint Surveillance Target Attack Radar System
aircraft that the Secretary of the Air Force determines, on a case-
by-case basis, to be non-operational because of mishaps, other dam-
age, or being uneconomical to repair.
SEC. 137. ELIMINATION OF ANNUAL REPORT ON AIRCRAFT INVEN-
TORY.
Section 231a of title 10, United States Code, is amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
Subtitle E—Defense-wide, Joint, and Multiservice Matters
SEC. 141. STANDARDIZATION OF 5.56MM RIFLE AMMUNITION.
(a) REPORT.—If, on the date that is 180 days after the date of
the enactment of this Act, the Army and the Marine Corps are using
in combat two different types of enhanced 5.56mm rifle ammuni-
tion, the Secretary of Defense shall, on such date, submit to the con-
gressional defense committees a report explaining the reasons that
the Army and the Marine Corps are using different types of such
ammunition.
(b) STANDARDIZATION REQUIREMENT.—Except as provided in
subsection (c), not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall ensure that the Army
and the Marine Corps are using in combat one standard type of en-
hanced 5.56mm rifle ammunition.
(c) EXCEPTION.—Subsection (b) shall not apply in a case in
which the Secretary of Defense—
(1) determines that a state of emergency requires the Army
and the Marine Corps to use in combat different types of en-
hanced 5.56mm rifle ammunition; and
(2) certifies to the congressional defense committees that
such a determination has been made.
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SEC. 142. FIRE SUPPRESSANT AND FUEL CONTAINMENT STANDARDS

FOR CERTAIN VEHICLES.
(a) GUIDANCE REQUIRED.—

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 43

(1) The Secretary of the Army shall issue guidance regard-

ing fire suppressant and fuel containment standards for covered
vehicles of the Army.
(2) The Secretary of the Navy shall issue guidance regard-
ing fire suppressant and fuel containment standards for covered
vehicles of the Marine Corps.
(b) ELEMENTS.—The guidance regarding fire suppressant and
fuel containment standards issued pursuant to subsection (a)
shall—
(1) meet the survivability requirements applicable to each
class of covered vehicles;
(2) include standards for vehicle armor, vehicle fire sup-
pression systems, and fuel containment technologies in covered
vehicles; and
(3) balance cost, survivability, and mobility.
(c) REPORT TO CONGRESS.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army and the
Secretary of the Navy shall each submit to the congressional defense
committees a report that includes—
(1) the policy guidance established pursuant to subsection
(a), set forth separately for each class of covered vehicle; and
(2) any other information the Secretaries determine to be
appropriate.
(d) COVERED VEHICLES.—In this section, the term ‘‘covered vehi-
cles’’ means ground vehicles acquired on or after October 1, 2018,
under a major defense acquisition program (as such term is defined
in section 2430 of title 10, United States Code), including light tac-
tical vehicles, medium tactical vehicles, heavy tactical vehicles, and
ground combat vehicles.
SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION
OF CERTAIN CLUSTER MUNITIONS.
(a) LIMITATION.—Except as provided in subsection (b), none of
the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Department of Defense
may be obligated or expended for the destruction of cluster muni-
tions until the date on which the Secretary of Defense submits the
report required by subsection (c).
(b) EXCEPTION FOR SAFETY.—The limitation under subsection
(a) shall not apply to the destruction of cluster munitions that the
Secretary determines—
(1) are unserviceable as a result of an inspection, test, field
incident, or other significant failure to meet performance or lo-
gistics requirements; or
(2) are unsafe or could pose a safety risk if not demili-
tarized or destroyed.
(c) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than March 1, 2017, the Sec-
retary of Defense shall submit to the congressional defense com-
mittees a report that includes each of the following elements:
(A) A description of the policy of the Department of De-
fense regarding the use of cluster munitions, including an
explanation of the process through which commanders may
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seek waivers to use such munitions.

(B) A 10-year projection of the requirements and inven-
tory levels for all cluster munitions that takes into account

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 44

future production of cluster munitions, any plans for de-

militarization of such munitions, any plans for the recapi-
talization of such munitions, the age of the munitions, stor-
age and safety considerations, and other factors that will
affect the size of the inventory.
(C) A 10-year projection for the cost to achieve the in-
ventory levels projected in subparagraph (B), including the
cost for potential demilitarization or disposal of such muni-
tions.
(D) A 10-year projection for the cost to develop and
produce new cluster munitions that comply with the Memo-
randum of the Secretary of Defense dated June 19, 2008,
regarding the Department of Defense policy on cluster mu-
nitions 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 det-
onate via target acquisition, impact, or altitude, or that self-de-
struct.
SEC. 144. REPORT ON DEPARTMENT OF DEFENSE MUNITIONS STRAT-
EGY FOR THE COMBATANT COMMANDS.
(a) REPORT REQUIRED.—Not later than April 1, 2017, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the munitions strategy for the combatant commands
for the six-year period beginning on January 1, 2017.
(b) ELEMENTS.—The report required by subsection (a) shall in-
clude the following:
(1) For each year covered by the report, an identification of
the munitions requirements of the combatant commands, in-
cluding—
(A) plans, programming, and budgeting for each type
of munition; and
(B) the inventory of each type of munition.
(2) An assessment of any gaps and shortfalls with respect
to munitions determined to be essential to the ability of the
combatant commands to fulfill mission requirements.
(3) An assessment of how current and planned munitions
programs may affect operational concepts and capabilities of
the combatant commands.
(4) An identification of limitations in relevant industrial
bases and a description of necessary munitions investments.
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(5) An assessment of how munitions capability and capac-

ity may be affected by changes consistent with the memo-
randum of the Secretary of Defense dated June 19, 2008, re-

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 45

garding the policy of the Department of Defense on cluster mu-

nitions and unintended harm to civilians.
(6) Any other matters the Secretary determines appropriate.
SEC. 145. MODIFICATIONS TO REPORTING ON USE OF COMBAT MIS-
SION REQUIREMENTS FUNDS.
Section 123 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4158; 10
U.S.C. 167 note) is amended—
(1) in the section heading, by striking ‘‘QUARTERLY’’ and in-
serting ‘‘ANNUAL’’;
(2) in the subsection heading of subsection (a), by striking
‘‘QUARTERLY’’ and inserting ‘‘ANNUAL’’; and
(3) by striking ‘‘quarter’’ each place it appears and inserting
‘‘year’’.
SEC. 146. REPORT ON ALTERNATIVE MANAGEMENT STRUCTURES FOR
THE F–35 JOINT STRIKE FIGHTER PROGRAM.
(a) IN GENERAL.—Not later than March 31, 2017, the Secretary
of Defense shall submit to the congressional defense committees a re-
port on potential alternative management structures for the F–35
joint strike fighter program.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) An analysis of potential alternative management struc-
tures for the F–35 joint strike fighter program, including—
(A) continuation of the joint program office for the pro-
gram;
(B) the establishment of separate program offices for
the program in the Department of the Air Force and the De-
partment of the Navy;
(C) the establishment of separate program offices for
each variant of the F–35A, F–35B, and F–35C;
(D) division of responsibilities for the program between
a joint program office and the military departments; and
(E) such other alternative management structures as
the Secretary determines to be appropriate.
(2) An evaluation of the benefits and drawbacks of each al-
ternative management structure analyzed in the report with re-
spect to—
(A) cost;
(B) alignment of responsibility and accountability; and
(C) the adequacy of representation from military de-
partments and program partners.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 147. COMPTROLLER GENERAL REVIEW OF F–35 LIGHTNING II AIR-
CRAFT SUSTAINMENT SUPPORT.
(a) REVIEW.—Not later than September 30, 2017, the Comp-
troller General of the United States shall submit to the congres-
sional defense committees a report on the sustainment support
structure for the F–35 Lightning II aircraft program.
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(b) ELEMENTS.—The review under subsection (a) shall include,

with respect to the F–35 Lightning II aircraft program, the fol-
lowing:

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 46

(1) The status of the sustainment support strategy for the

program, including goals for personnel training, required infra-
structure, and fleet readiness.
(2) Approaches, including performance-based logistics, con-
sidered in developing the sustainment support strategy for the
program.
(3) Other information regarding sustainment and logistics
support for the program that the Comptroller General deter-
mines to be of critical importance to the long-term viability of
the program.
SEC. 148. BRIEFING ON ACQUISITION STRATEGY FOR GROUND MOBIL-
ITY VEHICLE.
(a) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with the Sec-
retary of the Army, shall provide a briefing to the congressional de-
fense committees on the acquisition strategy for the Ground Mobility
Vehicle for use with the Global Response Force of the 82nd Airborne
Division.
(b) ELEMENTS.—The briefing under subsection (a) shall include
an assessment of the following:
(1) The feasability of acquiring the Ground Mobility Vehi-
cle—
(A) as a commercially available off-the-shelf item (as
such term is defined in section 104 of title 41, United
States Code); or
(B) as a modified version of such an item.
(2) Whether acquiring the Ground Mobility Vehicle in a
manner described in paragraph (1) would satisfy the require-
ments of the program and reduce the life-cycle cost of the pro-
gram.
(3) Whether the acquisition strategy for the Ground Mobil-
ity Vehicle meets the focus areas specified in the most recent
version of the Better Buying Power initiative of the Secretary of
Defense.
(4) Whether including an active safety system in the
Ground Mobility Vehicle, such as the electronic stability control
system used on the joint light tactical vehicle, would reduce the
risk of vehicle rollover.
SEC. 149. STUDY AND REPORT ON OPTIMAL MIX OF AIRCRAFT CAPA-
BILITIES FOR THE ARMED FORCES.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of Defense shall conduct a
study to determine—
(A) an optimal mix of short-range fighter-class strike
aircraft and long-range strike aircraft for the use of the
Armed Forces during the covered period;
(B) an optimal mix of manned aerial platforms and
unmanned aerial platforms for the use of the Armed Forces
during such period; and
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(C) an optimal mix of other aircraft and capabilities

for the use of the Armed Forces during such period, includ-
ing—

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 47

(i) long-range, medium-range, and short-range in-

telligence, surveillance, reconnaissance, or strike air-
craft, or combination of such aircraft;
(ii) aircraft with varying observability characteris-
tics;
(iii) land-based and sea-based aircraft;
(iv) advanced legacy fourth-generation aircraft
platforms of proven design;
(v) next generation air superiority capabilities; and
(vi) advanced technology innovations.
(2) CONSIDERATIONS.—In making the determinations under
paragraph (1), the Secretary shall consider defense strategy,
critical assumptions, priorities, force size, and cost.
(b) REPORT.—
(1) IN GENERAL.—Not later than April 14, 2017, the Sec-
retary shall submit to the appropriate congressional committees
a report that includes the following:
(A) The results of the study conducted under subsection
(a).
(B) A discussion of the specific assumptions, observa-
tions, conclusions, and recommendations of the study.
(C) A description of the modeling and analysis tech-
niques used for the study.
(D) A plan for fielding complementary aircraft and ca-
pabilities identified as an optimal mix in the study under
subsection (a).
(E) A plan to meet objectives and fulfill the warfighting
capability and capacity requirements of the combatant com-
mands using the aircraft and capabilities described in sub-
section (a).
(2) FORM.—The report under paragraph (1) may be sub-
mitted in classified form, but shall include an unclassified exec-
utive summary.
(3) NONDUPLICATION OF EFFORT.—If any information re-
quired under paragraph (1) has been included in another report
or notification previously submitted to any of the appropriate
congressional committees by law, the Secretary may provide a
list of such reports and notifications at the time of submitting
the report required under such paragraph instead of including
such information in such report.
(4) DEFINITIONS.—ln this subsection:
(A) The term ‘‘appropriate congressional committees’’
means the congressional defense committees, the Select
Committee on Intelligence of the Senate, and the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives.
(B) The term ‘‘covered period’’ means the period begin-
ning on the date of the enactment of this Act and ending
on January 1, 2030.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
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Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Laboratory quality enhancement program.

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

Subtitle C—Reports and Other Matters

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

Subtitle A—Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in sec-
tion 4201.
Subtitle B—Program Requirements, Restrictions, and
Limitations
SEC. 211. LABORATORY QUALITY ENHANCEMENT PROGRAM.
(a) IN GENERAL.—The Secretary of Defense, acting through the
Assistant Secretary of Defense for Research and Engineering, shall
carry out a program to be known as the ‘‘Laboratory Quality En-
hancement Program’’ under which the Secretary shall establish the
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panels described in subsection (b) and direct such panels—

(1) to review and make recommendations to the Secretary
with respect to—

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(A) existing policies and practices affecting the science

and technology reinvention laboratories to improve the mis-
sion effectiveness of such laboratories; and
(B) new initiatives proposed by the science and tech-
nology reinvention laboratories;
(2) to support implementation of current and future initia-
tives affecting the science and technology reinvention labora-
tories; and
(3) to conduct assessments or data analysis on such other
issues as the Secretary determines to be appropriate.
(b) PANELS.—The panels described in this subsection are:
(1) A panel on personnel, workforce development, and talent
management.
(2) A panel on facilities, equipment, and infrastructure.
(3) A panel on research strategy, technology transfer, and
industry and university partnerships.
(4) A panel on governance and oversight processes.
(c) COMPOSITION OF PANELS.—(1) Each panel described in
paragraphs (1) through (3) of subsection (b) may be composed of
subject matter and technical management experts from—
(A) laboratories and research centers of the Army, Navy,
and Air Force;
(B) appropriate Defense Agencies;
(C) the Office of the Assistant Secretary of Defense for Re-
search and Engineering; and
(D) such other entities as the Secretary determines to be ap-
propriate.
(2) The panel described in subsection (b)(4) shall be composed
of—
(A) the Director of the Army Research Laboratory;
(B) the Director of the Air Force Research Laboratory;
(C) the Director of the Naval Research Laboratory;
(D) the Director of the Engineer Research and Development
Center of the Army Corps of Engineers; and
(E) such other members as the Secretary determines to be
appropriate.
(d) GOVERNANCE OF PANELS.—(1) The chairperson of each
panel shall be selected by its members.
(2) Each panel, in coordination with the Assistant Secretary of
Defense for Research and Engineering, shall transmit to the Science
and Technology Executive Committee of the Department of Defense
such information or findings on topics requiring decision or ap-
proval as the panel considers appropriate.
(e) DISCHARGE OF CERTAIN AUTHORITIES TO CONDUCT PER-
SONNEL DEMONSTRATION PROJECTS.—Subparagraph (C) of section
342(b)(3) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 108 Stat. 2721), as added by section
1114(a) of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106–398;
114 Stat. 1654A–315), is amended by inserting before the period at
the end the following: ‘‘through the Assistant Secretary of Defense
for Research and Engineering (who shall place an emphasis in the
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exercise of such authorities on enhancing efficient operations of the

laboratory and who may, in exercising such authorities, request ad-
ministrative support from science and technology reinvention lab-

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 50

oratories to review, research, and adjudicate personnel demonstra-

tion project proposals)’’.
(f) SCIENCE AND TECHNOLOGY REINVENTION LABORATORY DE-
FINED.—In this section, the term ‘‘science and technology reinvention
laboratory’’ means a science and technology reinvention laboratory
designated under section 1105 of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358
note), as amended.
SEC. 212. MODIFICATION OF MECHANISMS TO PROVIDE FUNDS FOR
DEFENSE LABORATORIES FOR RESEARCH AND DEVELOP-
MENT OF TECHNOLOGIES FOR MILITARY MISSIONS.
(a) AMOUNT AUTHORIZED UNDER CURRENT MECHANISM.—Para-
graph (1) of subsection (a) of section 219 of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009 (10 U.S.C.
2358 note) is amended in the matter before subparagraph (A) by
striking ‘‘not more than three percent’’ and inserting ‘‘not less two
percent and not more than four percent’’.
(b) ADDITIONAL MECHANISM TO PROVIDE FUNDS.—Such sub-
section is further amended by adding at the end the following new
paragraph:
‘‘(3) FEE.—After consultation with the science and tech-
nology executive of the military department concerned, the di-
rector of a defense laboratory may charge customer activities a
fixed percentage fee, in addition to normal costs of performance,
in order to obtain funds to carry out activities authorized by
this subsection. The fixed fee may not exceed four percent of
costs.’’.
(c) MODIFICATION OF COST LIMIT COMPLIANCE FOR INFRA-
STRUCTURE PROJECTS.—Subsection (b)(4) of such section is amend-
ed by adding at the end the following new subparagraph:
‘‘(C) Section 2802 of such title, with respect to construc-
tion projects that exceed the cost specified in subsection
(a)(2) of section 2805 of such title for certain unspecified
minor military construction projects for laboratories.’’.
(d) REPEAL OF SUNSET.—Such section is amended by striking
subsection (d).
SEC. 213. MAKING PERMANENT AUTHORITY FOR DEFENSE RESEARCH
AND DEVELOPMENT RAPID INNOVATION PROGRAM.
Section 1073 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2359 note)
is amended—
(1) in subsection (d), by striking ‘‘for each of fiscal years
2011 through 2023 may be used for any such fiscal year’’ and
inserting ‘‘for a fiscal year may be used for such fiscal year’’;
and
(2) by striking subsection (f).
SEC. 214. AUTHORIZATION FOR NATIONAL DEFENSE UNIVERSITY AND
DEFENSE ACQUISITION UNIVERSITY TO ENTER INTO CO-
OPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS.
(a) NATIONAL DEFENSE UNIVERSITY.—Section 2165 of title 10,
United States Code, is amended by adding at the end the following
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new subsection:
‘‘(f) COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS.—(1) In engaging in research and development projects pur-

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 51

suant to subsection (a) of section 2358 of this title by a contract, co-

operative 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 Uni-
versity.
‘‘(2) The National Defense University shall be considered a Gov-
ernment-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 fol-
lowing new subsection:
‘‘(d) COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS.—(1) In engaging in research and development projects pur-
suant to subsection (a) of section 2358 of this title by a contract, co-
operative agreement, or grant pursuant to subsection (b)(1) of such
section, the Secretary may enter into such contract or cooperative
agreement or award such grant through the Defense Acquisition
University.
‘‘(2) The Defense Acquisition University shall be considered a
Government-operated Federal laboratory for purposes of section 12
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a).’’.
SEC. 215. MANUFACTURING ENGINEERING EDUCATION GRANT PRO-
GRAM.
Section 2196 of title 10, United States Code, is amended to read
as follows:
‘‘§ 2196. Manufacturing engineering education program
‘‘(a) ESTABLISHMENT OF MANUFACTURING ENGINEERING EDU-
CATION PROGRAM.—(1) The Secretary of Defense shall establish a
program under which the Secretary makes grants or other awards
to support—
‘‘(A) the enhancement of existing programs in manufac-
turing engineering education to further a mission of the depart-
ment; or
‘‘(B) the establishment of new programs in manufacturing
engineering education that meet such requirements.
‘‘(2) Grants and awards under this section may be made to in-
dustry, not-for-profit institutions, institutions of higher education,
or to consortia of such institutions or industry.
‘‘(3) The Secretary shall establish the program in consultation
with the Secretary of Education, the Director of the National
Science Foundation, the Director of the Office of Science and Tech-
nology 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 manufac-
turing.
‘‘(5) The program shall be known as the ‘Manufacturing Engi-
neering Education Program’.
‘‘(b) GEOGRAPHICAL DISTRIBUTION OF GRANTS AND AWARDS.—In
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awarding grants and other awards under this subsection, the Sec-
retary shall, to the maximum extent practicable, avoid geographical
concentration of awards.

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 52

‘‘(c) COVERED PROGRAMS.—A program of engineering education

supported pursuant to this section shall meet the requirements of
this section.
‘‘(d) COMPONENTS OF PROGRAM.—The program of education for
which such a grant is made shall be a consolidated and integrated
multidisciplinary program of education with an emphasis on the
following components:
‘‘(1) Multidisciplinary instruction that encompasses the
total manufacturing engineering enterprise and that may in-
clude—
‘‘(A) manufacturing engineering education and training
through classroom activities, laboratory activities, thesis
projects, individual or team projects, internships, coopera-
tive work-study programs, and interactions with industrial
facilities, consortia, or such other activities and organiza-
tions in the United States and foreign countries as the Sec-
retary considers appropriate;
‘‘(B) faculty development programs;
‘‘(C) recruitment of educators highly qualified in manu-
facturing engineering to teach or develop manufacturing
engineering courses;
‘‘(D) presentation of seminars, workshops, and training
for the development of specific manufacturing engineering
skills;
‘‘(E) activities involving interaction between students
and industry, including programs for visiting scholars, per-
sonnel exchange, or industry executives;
‘‘(F) development of new, or updating and modification
of existing, manufacturing curriculum, course offerings,
and education programs;
‘‘(G) establishment of programs in manufacturing
workforce training;
‘‘(H) establishment of joint manufacturing engineering
programs with defense laboratories and depots; and
‘‘(I) expansion of manufacturing training and edu-
cation programs and outreach for members of the armed
forces, dependents and children of such members, veterans,
and employees of the Department of Defense.
‘‘(2) Opportunities for students to obtain work experience in
manufacturing through such activities as internships, summer
job placements, or cooperative work-study programs.
‘‘(3) Faculty and student engagement with industry that is
directly related to, and supportive of, the education of students
in manufacturing engineering because of—
‘‘(A) the increased understanding of manufacturing en-
gineering challenges and potential solutions; and
‘‘(B) the enhanced quality and effectiveness of the in-
struction that result from that increased understanding.
‘‘(e) PROPOSALS.—The Secretary of Defense shall solicit pro-
posals for grants and other awards to be made pursuant to this sec-
tion for the support of programs of manufacturing engineering edu-
cation that are consistent with the purposes of this section.
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‘‘(f) MERIT COMPETITION.—Applications for awards shall be

evaluated on the basis of merit pursuant to competitive procedures
prescribed by the Secretary.

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 53

‘‘(g) SELECTION CRITERIA.—The Secretary may select a proposal

for an award pursuant to this section if the proposal, at a min-
imum, does each of the following:
‘‘(1) Contains innovative approaches for improving engi-
neering education in manufacturing technology.
‘‘(2) Demonstrates a strong commitment by the proponents
to apply the resources necessary to achieve the objectives for
which the award is to be made.
‘‘(3) Provides for effective engagement with industry or gov-
ernment organizations that supports the instruction to be pro-
vided in the proposed program and is likely to improve manu-
facturing engineering and technology.
‘‘(4) Demonstrates a significant level of involvement of
United States industry in the proposed instructional and re-
search activities.
‘‘(5) Is likely to attract superior students and promote ca-
reers in manufacturing engineering.
‘‘(6) Proposes to involve fully qualified personnel who are
experienced in manufacturing engineering education and tech-
nology.
‘‘(7) Proposes a program that, within three years after the
award is made, is likely to attract from sources other than the
Federal Government the financial and other support necessary
to sustain such program.
‘‘(8) Proposes to achieve a significant level of participation
by women, members of minority groups, and individuals with
disabilities through active recruitment of students from among
such persons.
‘‘(9) Trains students in advanced manufacturing and in rel-
evant emerging technologies and production processes.
‘‘(h) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this sec-
tion, the term ‘institution of higher education’ has the meaning
given such term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).’’.
SEC. 216. NOTIFICATION REQUIREMENT FOR CERTAIN RAPID PROTO-
TYPING, EXPERIMENTATION, AND DEMONSTRATION AC-
TIVITIES.
(a) NOTICE REQUIRED.—The Secretary of the Navy shall not ini-
tiate a covered activity until a period of 10 business days has
elapsed following the date on which the Secretary submits to the
congressional defense committees the notice described in subsection
(b) with respect to such activity.
(b) ELEMENTS OF NOTICE.—The notice described in this sub-
section is a written notice of the intention of the Secretary to initiate
a covered activity. Each such notice shall include the following:
(1) A description of the activity.
(2) Estimated costs and funding sources for the activity, in-
cluding a description of any cost-sharing or in-kind support ar-
rangements with other participants.
(3) A description of any transition agreement, including the
identity of any partner organization that may receive the results
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of the covered activity under such an agreement.

(4) Identification of major milestones and the anticipated
date of completion of the activity.

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(c) COVERED ACTIVITY.—In this section, the term ‘‘covered activ-

ity’’ means a rapid prototyping, experimentation, or demonstration
activity carried out under program element 0603382N.
(d) SUNSET.—The requirements of this section shall terminate
five years after the date of the enactment of this Act.
SEC. 217. INCREASED MICRO-PURCHASE THRESHOLD FOR RESEARCH
PROGRAMS AND ENTITIES.
(a) INCREASED MICRO-PURCHASE THRESHOLD FOR BASIC RE-
SEARCH PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF DE-
FENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.—
(1) IN GENERAL.—Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new sec-
tion:
‘‘§ 2338. Micro-purchase threshold for basic research pro-
grams 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 pur-
poses of such section is $10,000 for purposes of basic research pro-
grams and for the activities of the Department of Defense science
and technology reinvention laboratories.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning 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 De-
partment of Defense science and technology reinvention laboratories.’’.
(b) INCREASED MICRO-PURCHASE THRESHOLD FOR UNIVER-
SITIES, INDEPENDENT RESEARCH INSTITUTES, AND NONPROFIT RE-
SEARCH ORGANIZATIONS.—Section 1902 of title 41, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘For purposes’’ and inserting ‘‘(1) Except
as provided in section 2338 of title 10 and paragraph (2)
of this subsection, for purposes’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) For purposes of this section, the micro-purchase threshold
for procurement activities administered under sections 6303 through
6305 of title 31 by institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), or related or affiliated nonprofit entities, or by nonprofit
research organizations or independent research institutes is—
‘‘(A) $10,000; or
‘‘(B) such higher threshold as determined appropriate by
the head of the relevant executive agency and consistent with
clean audit findings under chapter 75 of title 31, internal insti-
tutional risk assessment, or State law.’’; and
(2) in subsections (d) and (e), by striking ‘‘not greater than
$3,000’’ and inserting ‘‘with a price not greater than the micro-
purchase threshold’’.
SEC. 218. IMPROVED BIOSAFETY FOR HANDLING OF SELECT AGENTS
AND TOXINS.
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(a) QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM.—

The Secretary of Defense, acting through the executive agent for the
biological select agent and toxin biosafety program of the Depart-

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 55

ment of Defense, shall carry out a program to implement certain

quality control and quality assurance measures at each covered fa-
cility.
(b) QUALITY CONTROL AND QUALITY ASSURANCE MEASURES.—
Subject to subsection (c), the quality control and quality assurance
measures implemented at each covered facility under subsection (a)
shall include the following:
(1) Designation of an external manager to oversee quality
assurance and quality control.
(2) Environmental sampling and inspection.
(3) Production procedures that prohibit operations where
live biological select agents and toxins are used in the same lab-
oratory where viability testing is conducted.
(4) Production procedures that prohibit work on multiple
organisms or multiple strains of one organism within the same
biosafety cabinet.
(5) A video surveillance program that uses video moni-
toring as a tool to improve laboratory practices in accordance
with regulatory requirements.
(6) Formal, recurring data reviews of production in an ef-
fort to identify data trends and nonconformance issues before
such issues affect end products.
(7) Validated protocols for production processes to ensure
that process deviations are adequately vetted prior to implemen-
tation.
(8) Maintenance and calibration procedures and schedules
for all tools, equipment, and irradiators.
(c) WAIVER.—In carrying out the program under subsection (a),
the Secretary may waive any of the quality control and quality as-
surance measures required under subsection (b) in the interest of
national defense.
(d) STUDY AND REPORT REQUIRED.—
(1) STUDY.—The Secretary of Defense shall carry out a
study to evaluate—
(A) the feasibility of consolidating covered facilities
within a unified command to minimize risk;
(B) opportunities to partner with industry for the pro-
duction of biological select agents and toxins and related
services in lieu of maintaining such capabilities within the
Department of the Army; and
(C) whether operations under the biological select agent
and toxin production program should be transferred to an-
other government or commercial laboratory that may be
better suited to execute production for non-Department of
Defense customers.
(2) REPORT.—Not later than February 1, 2017, the Sec-
retary shall submit to the congressional defense committees a
report on the results of the study under paragraph (1).
(e) COMPTROLLER GENERAL REVIEW.—Not later than September
1, 2017, the Comptroller General of the United States shall submit
to the congressional defense committees a report that includes the
following:
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(1) A review of—

(A) the actions taken by the Department of Defense to
address the findings and recommendations of the report of

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 56

the Department of the Army titled ‘‘Individual and Institu-

tional Accountability for the Shipment of Viable Bacillus
Anthracis from Dugway Proving Grounds’’, dated December
15, 2015, including any actions taken to address the cul-
ture of complacency in the biological select agent and toxin
production program identified in such report; and
(B) the progress of the Secretary in carrying out the
program under subsection (a).
(2) An analysis of the study and report under subsection
(d).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘biological select agent and toxin’’ means any
agent or toxin identified under—
(A) section 331.3 of title 7, Code of Federal Regula-
tions;
(B) section 121.3 or section 121.4 of title 9, Code of
Federal Regulations; or
(C) section 73.3 or section 73.4 of title 42, Code of Fed-
eral Regulations.
(2) The term ‘‘covered facility’’ means any facility of the De-
partment of Defense that produces biological select agents and
toxins.
SEC. 219. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFI-
CIAL WITH PRINCIPAL RESPONSIBILITY FOR DIRECTED
ENERGY WEAPONS.
(a) DESIGNATION OF SENIOR OFFICIAL.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall des-
ignate a senior official already serving within the Department
of Defense as the official with principal responsibility for the de-
velopment and demonstration of directed energy weapons for
the Department.
(2) DEVELOPMENT OF STRATEGIC PLAN.—
(A) IN GENERAL.—The senior official designated under
paragraph (1) shall develop a detailed strategic plan to de-
velop, mature, and transition directed energy technologies
to acquisition programs of record.
(B) ROADMAP.—Such strategic plan shall include a
strategic roadmap for the development and fielding of di-
rected energy weapons and key enabling capabilities for the
Department, identifying and coordinating efforts across
military departments to achieve overall joint mission effec-
tiveness.
(3) ACCELERATION OF DEVELOPMENT AND FIELDING OF DI-
RECTED ENERGY WEAPONS CAPABILITIES.—
(A) IN GENERAL.—To the degree practicable, the senior
official designated under paragraph (1) shall use the flexi-
bility of the policies of the Department in effect on the day
before the date of the enactment of this Act, or any suc-
cessor policies, to accelerate the development and fielding of
directed energy capabilities.
(B) ENGAGEMENT.—The Secretary shall use the flexi-
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bility of the policies of the Department in effect on the day

before the date of the enactment of this Act, or any suc-
cessor policies, to ensure engagement with defense and pri-

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 57

vate industries, research universities, and unaffiliated, non-

profit research institutions.
(4) ADVICE FOR EXERCISES AND DEMONSTRATIONS.—The
senior official designated under paragraph (1) shall, to the de-
gree practicable, provide technical advice and support to enti-
ties in the Department of Defense and the military departments
conducting exercises or demonstrations with the purpose of im-
proving the capabilities of or operational viability of technical
capabilities supporting directed energy weapons, including sup-
porting military utility assessments of the relevant cost and
benefits of directed energy weapon systems.
(5) SUPPORT FOR DEVELOPMENT OF REQUIREMENTS.—The
senior official designated under paragraph (1) shall coordinate
with the military departments, Defense Agencies, and the Joint
Directed Energy Transition Office to define requirements for di-
rected energy capabilities that address the highest priority
warfighting capability gaps of the Department.
(6) AVAILABILITY OF INFORMATION.—The Secretary of De-
fense shall ensure that the senior official designated under
paragraph (1) has access to such information on programs and
activities of the military departments and other defense agen-
cies as the Secretary considers appropriate to coordinate depart-
mental directed energy efforts.
(b) JOINT DIRECTED ENERGY TRANSITION OFFICE.—
(1) REDESIGNATION.—The High Energy Laser Joint Tech-
nology Office of the Department of Defense is hereby redesig-
nated as the ‘‘Joint Directed Energy Transition Office’’ (in this
subsection referred to as the ‘‘Office’’), and shall report to the of-
ficial designated under subsection (a)(1).
(2) ADDITIONAL FUNCTIONS.—In addition to the functions
and duties of the Office in effect on the day before the date of
the enactment of this Act, the Office shall assist the senior offi-
cial designated under paragraph (1) of subsection (a) in car-
rying out paragraphs (2) through (5) of such subsection.
(3) FUNDING.—The Secretary may make available such
funds to the Office for basic research, applied research, ad-
vanced technology development, prototyping, studies and anal-
yses, and organizational support as the Secretary considers ap-
propriate to support the efficient and effective development of
directed energy systems and technologies and transition of those
systems and technologies into acquisition programs or oper-
ational use.
SEC. 220. RESTRUCTURING OF THE DISTRIBUTED COMMON GROUND
SYSTEM OF THE ARMY.
(a) IN GENERAL.—Not later that April 1, 2017, the Secretary of
the Army shall restructure versions of the distributed common
ground system of the Army after Increment 1—
(1) by discontinuing development of new software code, ex-
cluding the configuration and testing of system interfaces to
commercial, open source, and existing Government off the shelf
(GOTS) software, of any component of the system for which
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there is commercial, open source, or Government off the shelf

software that is capable of fulfilling at least 80 percent of the
system requirements applicable to such component; and

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(2) by conducting a review of the acquisition strategy of the

program to ensure that procurement of commercial software is
the preferred method of meeting program requirements for
major system components.
(b) LIMITATION.—The Secretary of the Army shall not award
any contract for the development of new component software capa-
bility for the distributed common ground system of the Army if such
a capability is already a commercial item or open source, except for
configuration of capabilities that are incidental to and necessary for
the proper functioning of the system.
(c) REPORT REQUIRED.—
(1) REQUIREMENT.—Not later than March 1, 2018, the
Under Secretary of Defense for Acquisition, Technology and Lo-
gistics, in consultation with the Director, Operational Test and
Evaluation, shall submit to the congressional defense commit-
tees a report on the Increment 2 of the distributed common
ground system of the Army.
(2) ELEMENTS OF REPORT.—The report required by para-
graph (1) shall include, at a minimum, the following:
(A) The overall assessment of the system and each indi-
vidual major component of the system.
(B) The status of alignment with the Intelligence Com-
munity Information Technology Enterprise (IC-ITE).
(C) The ease of use of Increment 2 as compared with
Increment 1 for operators in deployed environments.
(D) The extent to which a common, synchronized view
of all system data is globally available to all system users,
at all times.
(E) The level of maturity of the technologies underlying
core system components and application programming
interfaces.
(F) The extent to which program operators can move
data seamlessly between different components of the system.
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR THE COUN-
TERING WEAPONS OF MASS DESTRUCTION SYSTEM CON-
STELLATION.
(a) LIMITATION.—Not more than 50 percent of the funds author-
ized to be appropriated by this Act or otherwise made available for
fiscal year 2017 for the countering weapons of mass destruction sit-
uational awareness information system commonly known as ‘‘Con-
stellation’’ may be obligated or expended for research, development,
or prototyping for such system until the report required by sub-
section (b)(4) has been delivered to the congressional defense com-
mittees.
(b) INDEPENDENT REVIEW AND ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall provide for
an independent review and assessment of the requirements and
implementation for research, development, and prototyping for
the Constellation system prior to a Milestone A decision or other
operational use.
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(2) ELEMENTS OF INDEPENDENT REVIEW.—The independent

review provided for under paragraph (1) shall include the fol-
lowing:

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(A) A review of the major software components of the

system and an explanation of the requirements of the De-
partment of Defense with respect to each such component.
(B) A review of the requirements validated in the Infor-
mation System Initial Capabilities Document (ISICD) and
capability gaps identified for duplication and redundancy
with other validated information technology requirements
and capability gaps.
(C) Identification of elements and applications of the
system that cannot be implemented using the existing tech-
nical infrastructure and tools of the Department of Defense
or the infrastructure and tools in development.
(D) An overview of a security plan to achieve an ac-
credited cross-domain solution system, including security
milestones and proposed security architecture to mitigate
both insider and outsider threats.
(E) Identification of the planned categories of end-users
of the system, linked to organizations, mission require-
ments, and concept of operations, the expected total number
of end-users, and the associated permissions granted to
such users.
(3) ENTITY CONDUCTING INDEPENDENT REVIEW AND ASSESS-
MENT.—The Secretary shall ensure that—
(A) the independent review and assessment provided
for under paragraph (1) is conducted by a federally funded
research and development center selected (or entered into
an arrangement with) by the Secretary or such other entity
as the Secretary considers appropriate; and
(B) such center or entity provides periodic updates to
the congressional defense committees on such independent
review and assessment prior to the completion of the inde-
pendent review and assessment.
(4) REPORT ON INDEPENDENT REVIEW AND ASSESSMENT.—
The Secretary shall submit to the congressional defense commit-
tees a report containing—
(A) the findings of the center or entity selected (or en-
tered into an arrangement with) under paragraph (3)(A)
with respect to the independent review and assessment con-
ducted by such center or entity pursuant to such para-
graph; and
(B) an assessment of the need to continue Constellation
research, development, and prototyping.
SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR DEFENSE IN-
NOVATION UNIT EXPERIMENTAL.
(a) LIMITATION.—
(1) OPERATION AND MAINTENANCE.—Of the funds specified
in subsection (c)(1), not more than 75 percent may be obligated
or expended until the date on which the Secretary of Defense
submits to the congressional defense committees the report
under subsection (b).
(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—Of
the funds specified in subsection (c)(2), not more than 25 per-
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cent may be obligated or expended until the date on which the

Secretary submits to the congressional defense committees the
report under subsection (b).

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(b) REPORT REQUIRED.—The Secretary of Defense shall submit

to the congressional defense committees a report on the Defense In-
novation Unit Experimental. Such report shall include the fol-
lowing:
(1) The charter and mission statement of the Unit.
(2) A description of—
(A) the management and operations of the Unit, in-
cluding—
(i) the governance structure of the Unit;
(ii) the process for coordinating and deconflicting
the activities of the Unit with similar activities of the
Small Business Innovation Research Program, military
departments, Defense Agencies, and other departments
and agencies of the Federal Government, including ac-
tivities carried out by In-Q-Tel, the Defense Advanced
Research Projects Agency, and Department of Defense
laboratories;
(iii) the direct staffing requirements of the Unit, in-
cluding a description of the desired skills and expertise
of such staff at each location;
(iv) the number of civilian and military personnel
provided by the military departments and Defense
Agencies to support the Unit; and
(v) any planned expansion to new sites, the metrics
used to identify such sites, and an explanation of how
such expansion will provide access to innovations of
nontraditional defense contractors (as such term is de-
fined in section 2302 of title 10, United States Code)
that are not otherwise accessible; and
(B) policies and practices that will enable the Unit to
best support Department of Defense missions, including—
(i) the metrics used to measure the effectiveness of
the Unit;
(ii) how compliance with Department of Defense or
Federal Government requirements could affect the abil-
ity of nontraditional defense contractors (as such term
is defined in section 2302 of title 10, United States
Code) to market products and obtain funding;
(iii) how to treat intellectual property that has been
developed with little or no government funding;
(iv) detailed justification for the expansion of the
mission of the Unit, including authority to use research
and development agreements, contracts, and merit-
based prize competitions to explore emerging tech-
nologies and additional physical locations;
(v) a description of how existing Department of De-
fense agencies, services, entities, and other elements are
authorized to better use streamlined acquisition proce-
dures, research and development agreements, contracts,
and merit-based prize competitions to explore emerging
technologies, including modification of guidance and
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procedures to permit effective and streamlined imple-

mentation of authorities provided by Congress for
rapid execution;

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(vi) an account of the successes and failures of con-

tracts already awarded by the unit;
(vii) recommendations on practices, policies, and
authorities that will permit increased public-private
partnership in financing and funding of research and
technology development efforts; and
(viii) a description of technology transition strate-
gies to ensure that research and technology programs
funded by the Unit will be effectively and efficiently
transitioned into operational use or acquisition pro-
grams, including a description of the role of Defense
laboratories in such technology transition efforts.
(3) Any other information the Secretary determines to be
appropriate.
(c) FUNDS SPECIFIED.—The funds specified in this subsection
are as follows:
(1) Funds authorized to be appropriated by this Act or oth-
erwise made available for fiscal year 2017 for operation and
maintenance, Defense-wide, for the Defense Innovation Unit Ex-
perimental.
(2) Funds authorized to be appropriated by this Act or oth-
erwise made available for fiscal year 2017 for research, develop-
ment, test, and evaluation, Defense-wide, for the Defense Inno-
vation Unit Experimental.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR JOINT SUR-
VEILLANCE TARGET ATTACK RADAR SYSTEM (JSTARS) RE-
CAPITALIZATION PROGRAM.
(a) IN GENERAL.—Except as provided in subsection (b), none of
the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 or any other fiscal year for the
Air Force may be made available for the Air Force’s Joint Surveil-
lance Target Attack Radar System (JSTARS) recapitalization pro-
gram unless the contract for engineering and manufacturing devel-
opment uses a firm fixed-price contract structure.
(b) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary of
Defense may waive the limitation in subsection (a) if the Secretary
determines that such a waiver is in the national security interests
of the United States.
SEC. 224. ACQUISITION PROGRAM BASELINE AND ANNUAL REPORTS
ON FOLLOW-ON MODERNIZATION PROGRAM FOR F–35
JOINT STRIKE FIGHTER.
(a) LIMITATION.—The Secretary of Defense may not award any
follow-on modernization development contracts for the F–35 Joint
Strike Fighter until the Secretary has submitted the report required
by subsection (b)(1) in accordance with such subsection.
(b) ACQUISITION PROGRAM BASELINE.—
(1) IN GENERAL.—Not later than March 31, 2017, the Sec-
retary of Defense shall submit to the congressional defense com-
mittees a report that contains the basic elements of an acquisi-
tion program baseline for Block 4 Modernization.
(2) ELEMENTS.—The report required by paragraph (1) shall
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include the following:

(A) Cost estimates for development, production, and
modification.

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(B) Projected key schedule dates, including dates for

the completion of—
(i) a capabilities development document;
(ii) an independent cost estimate;
(iii) an initial preliminary design review;
(iv) a development contract award; and
(v) a critical design review.
(C) Technical performance parameters.
(D) Technology readiness levels.
(E) Annual funding profiles for development and pro-
curement.
(c) REVIEW BY COMPTROLLER GENERAL OF THE UNITED
STATES.—Not later than 60 days after the date on which the report
required by subsection (b)(1) is submitted to the congressional de-
fense committees in accordance with such subsection, the Comp-
troller General of the United States shall—
(1) review such report; and
(2) brief the congressional defense committees on the find-
ings of the Comptroller General with respect to such review.
(d) ANNUAL REPORTS BY SECRETARY OF DEFENSE.—Not later
than one year after the date on which the Secretary awards a devel-
opment contract for follow-on modernization of the F–35 Joint
Strike Fighter and not less frequently than once each year thereafter
until March 31, 2023, the Secretary shall submit to the congres-
sional defense committees a report on the cost, schedule, and per-
formance progress against the baseline set forth in the report sub-
mitted pursuant to subsection (b)(1).
Subtitle C—Reports and Other Matters
SEC. 231. STRATEGY FOR ASSURED ACCESS TO TRUSTED MICROELEC-
TRONICS.
(a) STRATEGY.—The Secretary of Defense shall develop a strat-
egy to ensure that the Department of Defense has assured access to
trusted microelectronics by not later than September 30, 2019.
(b) ELEMENTS.—The strategy under subsection (a) shall include
the following:
(1) Definitions of the various levels of trust required by
classes of Department of Defense systems.
(2) Means of classifying systems of the Department of De-
fense based on the level of trust such systems are required to
maintain with respect to microelectronics.
(3) Means by which trust in microelectronics can be as-
sured.
(4) Means to increase the supplier base for assured micro-
electronics to ensure multiple supply pathways.
(5) An assessment of the microelectronics needs of the De-
partment of Defense in future years, including the need for
trusted, radiation-hardened microelectronics.
(6) An assessment of the microelectronic needs of the De-
partment of Defense that may not be fulfilled by entities outside
the Department of Defense.
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(7) The resources required to assure access to trusted micro-

electronics, including infrastructure, workforce, and invest-
ments in science and technology.

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(8) A research and development strategy to ensure that the

Department of Defense can, to the maximum extent practicable,
use state of the art commercial microelectronics capabilities or
their equivalent, while satisfying the needs for trust.
(9) Recommendations for changes in authorities, regula-
tions, and practices, including acquisition policies, financial
management, public-private partnership policies, or in any
other relevant areas, that would support the achievement of the
goals of the strategy.
(c) SUBMISSION AND UPDATES.—(1) Not later than one year
after the date of the enactment of this Act, the Secretary shall sub-
mit to the congressional defense committees the strategy developed
under subsection (a). The strategy shall be submitted in unclassified
form, but may include a classified annex.
(2) Not later than two years after submitting the strategy under
paragraph (1) and not less frequently than once every two years
thereafter until September 30, 2024, the Secretary shall update the
strategy as the Secretary considers appropriate to support Depart-
ment of Defense missions.
(d) DIRECTIVE REQUIRED.—Not later than September 30, 2019,
the Secretary of Defense shall issue a directive for the Department
of Defense describing how Department of Defense entities may ac-
cess assured and trusted microelectronics supply chains for Depart-
ment of Defense systems.
(e) REPORT AND CERTIFICATION.—Not later than September 30,
2020, the Secretary of the Defense shall submit to the congressional
defense committees—
(1) a report on—
(A) the status of the implementation of the strategy de-
veloped under subsection (a);
(B) the actions being taken to achieve full implementa-
tion of such strategy, and a timeline for such implementa-
tion; and
(C) the status of the implementation of the directive re-
quired by subsection (d); and
(2) a certification of whether the Department of Defense has
an assured means for accessing a sufficient supply of trusted
microelectronics, as required by the strategy developed under
subsection (a).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘assured’’ refers, with respect to microelec-
tronics, to the ability of the Department of Defense to guarantee
availability of microelectronics parts at the necessary volumes
and with the performance characteristics required to meet the
needs of the Department of Defense.
(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer, with respect to
microelectronics, to the ability of the Department of Defense to
have confidence that the microelectronics function as intended
and are free of exploitable vulnerabilities, either intentionally or
unintentionally designed or inserted as part of the system at
any time during its life cycle.
SEC. 232. PILOT PROGRAM ON EVALUATION OF COMMERCIAL INFOR-
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MATION TECHNOLOGY.
(a) PILOT PROGRAM.—The Director of the Defense Information
Systems Agency may carry out a pilot program to evaluate commer-

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cially available information technology tools to better understand

the potential impact of such tools on networks and computing envi-
ronments of the Department of Defense.
(b) ACTIVITIES.—Activities under the pilot program may include
the following:
(1) Prototyping, experimentation, operational demonstra-
tion, military user assessments, and other means of obtaining
quantitative and qualitative feedback on the commercial infor-
mation technology products.
(2) Engagement with the commercial information tech-
nology industry to—
(A) forecast military requirements and technology
needs; and
(B) support the development of market strategies and
program requirements before finalizing acquisition deci-
sions and strategies.
(3) Assessment of novel or innovative commercial tech-
nology for use by the Department of Defense.
(4) Assessment of novel or innovative contracting mecha-
nisms to speed delivery of capabilities to the Armed Forces.
(5) Solicitation of operational user input to shape future in-
formation technology requirements of the Department of De-
fense.
(c) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts
authorized to be appropriated for research, development, test, and
evaluation, Defense-wide, for each of fiscal years 2017 through
2022, not more than $15,000,000 may be expended on the pilot pro-
gram in any such fiscal year.
SEC. 233. PILOT PROGRAM FOR THE ENHANCEMENT OF THE RE-
SEARCH, DEVELOPMENT, TEST, AND EVALUATION CEN-
TERS OF THE DEPARTMENT OF DEFENSE.
(a) PILOT PROGRAM REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense and the secre-
taries of the military departments shall jointly carry out a pilot
program to demonstrate methods for the more effective develop-
ment of technology and management of functions at eligible cen-
ters.
(2) ELIGIBLE CENTERS.—For purposes of the pilot program,
the eligible centers are—
(A) the science and technology reinvention laboratories,
as specified in section 1105(a) of the National Defense Au-
thorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note);
(B) the test and evaluation centers which are activities
specified as part of the Major Range and Test Facility Base
in Department of Defense Directive 3200.11; and
(C) the Defense Advanced Research Projects Agency.
(b) SELECTION.—
(1) IN GENERAL.—The secretaries described in subsection (a)
shall ensure that participation in the pilot program includes—
(A) the Defense Advanced Research Projects Agency;
and
(B) in accordance with paragraph (2)—
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(i) five additional eligible centers described in sub-

paragraph (A) of subsection (a)(2) from each of the
military departments; and

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(ii) five additional eligible centers described in

subparagraph (B) of such subsection from each of the
military departments.
(2) SELECTION PROCEDURES.—(A) The head of an eligible
center described in subparagraph (A) or (B) of subsection (a)(2)
seeking to participate in the pilot program shall submit to the
appropriate reviewer an application therefor at such time, in
such manner, and containing such information as the appro-
priate reviewer shall specify.
(B) Not later than 120 days after the date of the enactment
of this Act, each appropriate reviewer shall—
(i) evaluate each application received under subpara-
graph (A); and
(ii) approve or disapprove of the application.
(C) If the head of an eligible center submits an application
under subparagraph (A) in accordance with the requirements
specified by the appropriate reviewer for purposes of such sub-
paragraph and the appropriate reviewer neither approves nor
disapproves such application pursuant to subparagraph (B)(ii)
on or before the date that is 120 days after the date of the enact-
ment of this Act, such eligible center shall be considered a par-
ticipant in the pilot program.
(D) For purposes of this paragraph, the appropriate re-
viewer is—
(i) in the case of an eligible center described in sub-
paragraph (A) of subsection (a)(2), the Laboratory Quality
Enhancement Program; and
(ii) in the case of an eligible center described in sub-
paragraph (B) of such subsection, the Director of the Test
Resource Management Center.
(c) PARTICIPATION IN PROGRAM.—
(1) IN GENERAL.—Subject to paragraph (2), the head of
each eligible center selected under subsection (b)(1) shall pro-
pose and implement alternative and innovative methods of ef-
fective management and operations of eligible centers, rapid
project delivery, support, experimentation, prototyping, and
partnership with universities and private sector entities to—
(A) generate greater value and efficiencies in research
and development activities;
(B) enable more efficient and effective operations of
supporting activities, such as—
(i) facility management, construction, and repair;
(ii) business operations;
(iii) personnel management policies and practices;
and
(iv) intramural and public outreach; and
(C) enable more rapid deployment of warfighter capa-
bilities.
(2) IMPLEMENTATION.—(A) The head of an eligible center
described in subparagraph (A) or (B) of subsection (a)(2) shall
implement each method proposed under paragraph (1) unless
such method is disapproved in writing by the Assistant Sec-
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retary concerned within 60 days of receiving a proposal from an

eligible center selected under subsection (b)(1) by such Assistant
Secretary.

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(B) The Director of the Defense Advanced Research Projects

Agency shall implement each method proposed under para-
graph (1) unless such method is disapproved in writing by the
Chief Management Officer within 60 days of receiving a pro-
posal from the Director.
(C) In this paragraph, the term ‘‘Assistant Secretary con-
cerned’’ means—
(i) the Assistant Secretary of the Air Force for Acquisi-
tion, with respect to matters concerning the Air Force;
(ii) the Assistant Secretary of the Army for Acquisition,
Technology, and Logistics, with respect to matters con-
cerning the Army; and
(iii) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters con-
cerning the Navy.
(d) WAIVER AUTHORITY FOR DEMONSTRATION AND IMPLEMENTA-
TION.—Until the termination of the pilot program under subsection
(e), the head of an eligible center selected under subsection (b)(1)
may waive any regulation, restriction, requirement, guidance, pol-
icy, procedure, or departmental instruction that would affect the im-
plementation of a method proposed under subsection (c)(1), unless
such implementation would be prohibited by a provision of a Fed-
eral statute or common law.
(e) TERMINATION.—The pilot program shall terminate on Sep-
tember 30, 2022.
(f) REPORT.—
(1) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the pilot
program.
(2) CONTENTS.—The report required by paragraph (1) shall
include the following:
(A) Identification of the eligible centers participating in
the pilot program.
(B) Identification of the eligible centers whose applica-
tions to participate in the pilot program were disapproved
under subsection (b), including justifications for such dis-
approvals.
(C) A description of the methods implemented pursuant
to subsection (c).
(D) A description of the methods that were proposed
pursuant to paragraph (1) of subsection (c) but disapproved
under paragraph (2) of such subsection.
(E) An assessment of how methods implemented pursu-
ant to subsection (c) have contributed to the objectives iden-
tified in subparagraphs (A), (B), and (C) of paragraph (1)
of such subsection.
SEC. 234. PILOT PROGRAM ON MODERNIZATION AND FIELDING OF
ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND
ELECTRONIC WARFARE CAPABILITIES.
(a) PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary of Defense may carry out
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a pilot program on the modernization and fielding of electro-

magnetic spectrum warfare systems and electronic warfare sys-
tems.

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(2) SELECTION.—If the Secretary carries out the pilot pro-

gram under paragraph (1), the Electronic Warfare Executive
Committee shall select from the list described in section
240(b)(4) a total of 10 electromagnetic spectrum warfare sys-
tems and electronic warfare systems across at least two military
departments for modernization and fielding under the pilot pro-
gram.
(b) TERMINATION.—The pilot program authorized by subsection
(a) shall terminate on September 30, 2023.
(c) FUNDING.—For the purposes of this pilot program, funds au-
thorized to be appropriated for electromagnetic spectrum warfare
and electronic warfare may be used for the development and field-
ing of electromagnetic spectrum warfare systems and electronic war-
fare capabilities.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘electromagnetic spectrum warfare’’ means
electronic warfare that encompasses military communications
and sensing operations that occur in the electromagnetic oper-
ational domain.
(2) The term ‘‘electronic warfare’’ means military action in-
volving the use of electromagnetic and directed energy to control
the electromagnetic spectrum or to attack the enemy.
SEC. 235. PILOT PROGRAM ON DISCLOSURE OF CERTAIN SENSITIVE
INFORMATION TO FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTERS.
(a) IN GENERAL.—The Secretary of Defense shall carry out a
pilot program on—
(1) permitting officers and employees of the Department of
Defense to disclose sensitive information to federally funded re-
search and development centers of the Department for the sole
purpose of the performance of administrative, technical, or pro-
fessional services under and within the scope of the contracts
with the parent organizations of such federally funded research
and development centers; and
(2) appropriately protecting proprietary information from
unauthorized disclosure or use by such centers.
(b) FFRDCS.—The pilot program shall be carried out with one
or more federally funded research and development centers of the
Department selected by the Secretary for participation in the pilot
program.
(c) FFRDC PERSONNEL.—Sensitive information may be dis-
closed to personnel of a federally funded research and development
center under the pilot program only if such personnel and contrac-
tors agree to be subject to, and comply with, appropriate ethics
standards and requirements applicable to Government personnel,
including the Ethics in Government Act of 1978, section 1905 of title
18, United States Code, and chapter 21 of title 41, United States
Code.
(d) CONDITIONS ON DISCLOSURE.—Sensitive information may be
disclosed under the pilot program only if the federally funded re-
search and development center concerned and its parent organiza-
tion agree to and acknowledge in the parent organization’s contract
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with the Department of Defense that—

(1) sensitive information furnished to the federally funded
research and development center will be accessed and used only

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for the purposes stated in the contract between the parent orga-
nization of the federally funded research and development cen-
ter and the Department of Defense;
(2) the federally funded research and development center
will take all precautions necessary to prevent disclosure of the
sensitive information furnished to anyone not authorized access
to the information in order to perform the applicable contract;
(3) sensitive information furnished under the pilot program
shall not be used by the federally funded research and develop-
ment center or parent organization to compete against a third
party for a Government or non-Government contract or funding,
or to support other current or future research or technology de-
velopment activities performed by the federally funded research
and development center; and
(4) any personnel of a federally funded research and devel-
opment center participating in the pilot program may not dis-
close or use any trade secrets or any nonpublic information
accessed under the pilot program, unless specifically authorized
by this section.
(e) DURATION.—(1) The pilot program may commence at any
time after the review and issuance of policy guidance, updated ap-
propriately, pertaining to the identification, mitigation, and preven-
tion of potentially unfair competitive advantage conferred to feder-
ally funded research and development center personnel with access
to sensitive information who serve as technical advisors to acquisi-
tion programs.
(2) The pilot program shall terminate on the date that is three
years after the date of the commencement of the pilot program.
(f) ASSESSMENT.—Not later than two years after the commence-
ment of the pilot program, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the Sen-
ate 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 effective-
ness 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, con-
tract performance evaluation, management, and administration
data, or other privileged information owned by other contractors of
the Department of Defense that is exempt from public disclosure
under section 552(b)(4) of title 5, United States Code, or which
would otherwise be prohibited from disclosure under section 1832 or
1905 of title 18, United States Code.
SEC. 236. PILOT PROGRAM ON ENHANCED INTERACTION BETWEEN
THE DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
AND THE SERVICE ACADEMIES.
(a) IN GENERAL.—The Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, shall
carry out a pilot program to enhance interaction between the De-
fense Advanced Research Projects Agency and the service academies
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to promote technology transition, education, and training in science,

technology, engineering, and mathematics fields that are relevant to
the Department of Defense.

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(b) AWARDS OF FUNDS.—(1) In carrying out the pilot program,

the Secretary, acting through the Director, shall provide funds to
contractors and grantees of the Defense Advanced Research Projects
Agency in order to encourage such contractors and grantees to de-
velop research partnerships with the service academies to support
more efficient and effective technology transition of research pro-
grams and products.
(2) It shall be the responsibility of the Director to ensure that
such funds are used effectively and that sufficient efforts are made
to build appropriate partnerships.
(c) SERVICE ACADEMY TECHNOLOGY TRANSITION NETWORKS.—
In carrying out the pilot program, the Director shall prioritize the
leveraging of—
(1) the technology transition networks that service acad-
emies maintain among their academic departments and resi-
dent research centers; and
(2) partnerships with Department of Defense laboratories,
other Federal degree granting institutions, academia, and in-
dustry.
(d) TERMINATION.—The authority to carry out the pilot program
shall terminate on September 30, 2020.
(e) SERVICE ACADEMIES DEFINED.—In this section, the term
‘‘service academies’’ means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) Th United States Air Force Academy.
(4) The United States Coast Guard Academy.
(5) The United States Merchant Marine Academy.
SEC. 237. INDEPENDENT REVIEW OF F/A–18 PHYSIOLOGICAL EPISODES
AND CORRECTIVE ACTIONS.
(a) INDEPENDENT REVIEW REQUIRED.—The Secretary of the
Navy shall conduct an independent review of the plans, programs,
and research of the Department of the Navy with respect to—
(1) physiological events affecting aircrew of the F/A–18
Hornet and the F/A–18 Super Hornet aircraft during the cov-
ered period; and
(2) the efforts of the Navy and Marine Corps to prevent and
mitigate the affects of such physiological events.
(b) CONDUCT OF REVIEW.—In conducting the review under sub-
section (a), the Secretary of the Navy shall—
(1) designate an appropriate senior official in the Office of
the Secretary of the Navy to oversee the review; and
(2) consult experts from outside the Department of Defense
in appropriate technical and medical fields.
(c) REVIEW ELEMENTS.—The review under subsection (a) shall
include an evaluation of—
(1) any data of the Department of the Navy relating to the
increased frequency of physiological events affecting aircrew of
the F/A–18 Hornet and the F/A–18 Super Hornet aircraft dur-
ing the covered period;
(2) aircraft mishaps potentially related to such physio-
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logical events;
(3) the cost and effectiveness of all material, operational,
maintenance, and other measures carried out by the Depart-

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ment of the Navy to mitigate such physiological events during

the covered period;
(4) material, operational, maintenance, or other measures
that may reduce the rate of such physiological events in the fu-
ture; and
(5) the performance of—
(A) the onboard oxygen generation system in the F/A–
18 Super Hornet;
(B) the overall environmental control system in the F/
A–18 Hornet and F/A–18 Super Hornet; and
(C) other relevant subsystems of the F/A–18 Hornet
and F/A–18 Super Hornet, as determined by the Secretary.
(d) REPORT REQUIRED.—Not later than December 1, 2017, the
Secretary of Navy shall submit to the congressional defense commit-
tees a report that includes the results of the review under subsection
(a).
(e) COVERED PERIOD.—In this section, the term ‘‘covered period’’
means the period beginning on January 1, 2009, and ending on the
date of the submission of the report under subsection (d).
SEC. 238. B–21 BOMBER DEVELOPMENT PROGRAM ACCOUNTABILITY
MATRICES.
(a) SUBMITTAL OF MATRICES.—Concurrent with the President’s
annual budget request submitted to Congress under section 1105 of
title 31, United States Code, for fiscal year 2018, the Secretary of
the Air Forces shall submit to the congressional defense committees
and the Comptroller General of the United States the matrices de-
scribed in subsection (b) relating to the B–21 bomber aircraft pro-
gram.
(b) MATRICES DESCRIBED.—The matrices described in this sub-
section are the following:
(1) EMD GOALS.—A matrix that identifies, in six month in-
crements, key milestones, development events, and specific per-
formance goals for the EMD phase of the B–21 bomber aircraft
program, which shall be subdivided, at a minimum, according
to the following:
(A) Technology readiness levels of major components
and key demonstration events.
(B) Design maturity.
(C) Software maturity.
(D) Manufacturing readiness levels for critical manu-
facturing operations and key demonstration events.
(E) Manufacturing operations.
(F) System verification and key flight test events.
(G) Reliability.
(2) COST.—A matrix expressing, in six month increments,
the total cost for the Air Force service cost position for the EMD
phase and low initial rate of production lots of the B–21 bomber
aircraft and a matrix expressing the total cost for the prime
contractor’s estimate for such EMD phase and production lots,
both of which shall be phased over the entire EMD period and
subdivided according to the costs of the following:
(A) Air vehicle.
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(B) Propulsion.
(C) Mission systems.
(D) Vehicle subsystems.

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(E) Air vehicle software.

(F) Systems engineering.
(G) Program management.
(H) System test and evaluation.
(I) Support and training systems.
(J) Contract fee.
(K) Engineering changes.
(L) Direct mission support, including Congressional
General Reductions.
(M) Government testing.
(c) SEMIANNUAL UPDATE OF MATRICES.—
(1) IN GENERAL.—Not later than 180 days after the date on
which the Secretary of the Air Force submits the matrices re-
quired by subsection (a), concurrent with the submittal of each
annual budget request to Congress under section 1105 of title
31, United States Code, thereafter, and not later than 180 days
after each such submittal, the Secretary of the Air Force shall
submit to the congressional defense committees and the Comp-
troller General of the United States updates to the matrices de-
scribed in subsection (b).
(2) ELEMENTS.—Each update submitted under paragraph
(1) shall detail progress made toward the goals identified in the
matrix described in subsection (b)(1) and provide updated cost
estimates.
(3) TREATMENT OF INITIAL MATRICES AS BASELINE.—The
matrices submitted pursuant to subsection (a) shall be treated
as the baseline for the full EMD phase and low rate initial pro-
duction of the B–21 bomber aircraft program for purposes of the
updates submitted pursuant to paragraph (1) of this subsection.
(d) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED
STATES.—Not later than the date that is 45 days after the date on
which the Comptroller General of the United States receives an up-
date to a matrix under subsection (d)(1), the Comptroller General
shall review the sufficiency of such matrix and submit to the con-
gressional defense committees an assessment of such matrix, includ-
ing by identifying cost, schedule, or performance trends.
SEC. 239. STUDY ON HELICOPTER CRASH PREVENTION AND MITIGA-
TION TECHNOLOGY.
(a) STUDY REQUIRED.—The Secretary of Defense shall seek to
enter into a contract with a federally funded research and develop-
ment center to conduct a study on technologies with the potential to
prevent and mitigate helicopter crashes.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) Identification of technologies with the potential—
(A) to prevent helicopter crashes (such as collision
avoidance technologies and battle space and terrain situa-
tional awareness technologies); and
(B) to improve survivability among individuals in-
volved in such crashes (such as adaptive flight control tech-
nologies and improved energy absorbing technologies).
(2) A cost-benefit analysis of each technology identified
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under paragraph (1) that takes into account the cost of devel-
oping and deploying the technology compared to the potential of
the technology to prevent casualties or injuries.

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(3) A list that ranks the technologies identified under para-

graph (1) based on—
(A) the results of the cost-benefit analysis under para-
graph (2); and
(B) the readiness level of each technology.
(4) An analysis of helicopter crashes that—
(A) compares the casualty rates of cockpit occupants to
the casualty rates of occupants of cargo compartments and
troop seats; and
(B) identifies the root causes of the casualties described
in subparagraph (A).
(c) BRIEFING.—Not later than one year after the date of the en-
actment of this Act, the Secretary shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
(and the other congressional defense committees on request) a brief-
ing that includes—
(1) the results of the study required under subsection (a);
and
(2) the list described in subsection (b)(3).
SEC. 240. STRATEGY FOR IMPROVING ELECTRONIC AND ELECTRO-
MAGNETIC SPECTRUM WARFARE CAPABILITIES.
(a) STRATEGY REQUIRED.—Not later than April 1, 2017, the
Under Secretary of Defense for Acquisition, Technology and Logis-
tics, acting through the Electronic Warfare Executive Committee,
shall submit to the congressional defense committees a strategy on
the electronic and electromagnetic spectrum warfare capabilities of
the Department of Defense.
(b) ELEMENTS.—The strategy required by subsection (a) shall
include the following:
(1) A strategy for advancing and accelerating research, de-
velopment, test, and evaluation, and fielding, of electronic war-
fare capabilities to meet current and projected requirements, in-
cluding intra-service ground and air interoperabilities, as well
as recommendations for streamlining acquisition processes with
respect to such capabilities.
(2) A methodology for synchronizing and overseeing elec-
tronic warfare strategies, operational concepts, and programs
across the Department of Defense, including electronic warfare
programs that support or enable cyber operations.
(3) A description of the training and operational support re-
quired for fielding and sustaining current and planned invest-
ments in electronic warfare capabilities, including the require-
ments for conducting large-scale simulated exercises and train-
ing in contested electronic warfare environments.
(4) A comprehensive list of investments of the Department
of Defense in electronic warfare capabilities, including the capa-
bilities to be developed, procured, or sustained in—
(A) the budget of the President for fiscal year 2018 sub-
mitted to Congress under section 1105(a) of title 31, United
States Code; and
(B) the future-years defense program submitted to Con-
gress under section 221 of title 10, United States Code, for
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that fiscal year.

(5) A description of the threat environment for electro-
magnetic spectrum for current and future warfare needs.

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(6) An assessment of progress on increasing interoperability

between Services and Agencies, as well as increasing applica-
tion of innovative electromagnetic spectrum warfighting meth-
ods and operational concepts that provide advantages within
the electromagnetic spectrum operational domain.
(7) Specific attributes needed in future electronic and elec-
tromagnetic spectrum warfare capabilities, such as networking,
adaptability, agility, multifunctionality, and miniaturization,
and progress toward incorporating such attributes in new elec-
tronic warfare systems.
(8) Capability gaps with respect to asymmetric and near-
peer adversaries identified pursuant to a capability gap assess-
ment.
(9) A joint strategy on achieving near real-time system
adaption to rapidly advancing modern digital electronics.
(10) Any other information the Secretary determines to be
appropriate.
(c) FORM.—The strategy required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
(d) ELECTRONIC WARFARE EXECUTIVE COMMITTEE DEFINED.—
In this section the term ‘‘Electronic Warfare Executive Committee’’
means the committee established on March 17, 2015, and chartered
on August 11, 2015, by the Deputy Secretary of Defense to serve as
the principal forum within the Department of Defense to inform, co-
ordinate, and evaluate electronic warfare matters to maintain a
strong technological advantage in United States capabilities.
SEC. 241. SENSE OF CONGRESS ON DEVELOPMENT AND FIELDING OF
FIFTH GENERATION AIRBORNE SYSTEMS.
(a) FINDINGS.—Congress makes the following findings:
(1) The term ‘‘fifth generation’’, with respect to airborne sys-
tems, means those airborne systems capable of operating effec-
tively in highly contested battle spaces defined by the most ca-
pable currently fielded threats, and those reasonably expected to
be operational in the foreseeable future.
(2) Continued modernization of Department of Defense air-
borne systems such as fighters, bombers, and intelligence, sur-
veillance, and reconnaissance (ISR) aircraft with fifth genera-
tion capabilities is required because—
(A) adversary integrated air defense systems (IADS)
have created regions where fourth generation airborne sys-
tems may be limited in their ability to effectively operate;
(B) adversary aircraft, air-to-air missiles, and airborne
electronic attack or electronic protection systems are ad-
vancing beyond the capabilities of fourth generation air-
borne systems; and
(C) fifth generation airborne systems provide a wider
variety of options for a given warfighting challenge, pre-
serve the technological advantage of the United States over
near-peer threats, and serve as a force multiplier by in-
creasing situational awareness and combat effectiveness of
fourth generation airborne systems.
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(b) SENSE OF CONGRESS.—It is the sense of Congress that devel-

opment and fielding of fifth generation airborne system systems
should include the following:

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(1) Multispectral (radar, infrared, visual, emissions) low

observable (LO) design features, self-protection jamming, and
other capabilities that significantly delay or deny threat system
detection, tracking, and engagement.
(2) Integrated avionics that autonomously fuse and
prioritize onboard multispectral sensors and offboard informa-
tion data to provide an accurate realtime operating picture and
data download for postmission exploitation and analysis.
(3) Resilient communications, navigation, and identifica-
tion techniques designed to effectively counter adversary at-
tempts to deny or confuse friendly systems.
(4) Robust and secure networks linking individual plat-
forms to create a common, accurate, and highly integrated pic-
ture of the battle space for friendly forces.
(5) Advanced onboard diagnostics capable of monitoring
system health, accurately reporting system faults, and increas-
ing overall system performance and reliability.
(6) Integrated platform and subsystem designs to maximize
lethality and survivability while enabling decision superiority.
(7) Maximum consideration for the fielding of unmanned
platforms either employed in concert with fifth generation
manned platforms or as standalone unmanned platforms, to in-
crease warfighting effectiveness and reduce risk to personnel
during high risk missions.
(8) Advanced air-to-air, air-to-ground, and other weapons
able to leverage fifth generation capabilities.
(9) Comprehensive and high-fidelity live, virtual, and con-
structive training systems, updated range infrastructure, and
sufficient threat-representative adversary training assets to
maximize fifth generation force proficiency, effectiveness, and
readiness while protecting sensitive capabilities.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Modified reporting requirement related to installations energy manage-
ment.
Sec. 312. Waiver authority for alternative fuel procurement requirement.
Sec. 313. Utility data management for military facilities.
Sec. 314. Alternative technologies for munitions disposal.
Sec. 315. Report on efforts to reduce high energy costs at military installations.
Sec. 316. Sense of Congress on funding decisions relating to climate change.
Subtitle C—Logistics and Sustainment
Sec. 321. Revision of deployability rating system and planning reform.
Sec. 322. Revision of guidance relating to corrosion control and prevention execu-
tives.
Sec. 323. Pilot program for inclusion of certain industrial plants in the Armament
Retooling and Manufacturing Support Initiative.
Sec. 324. Repair, recapitalization, and certification of dry docks at naval shipyards.
Sec. 325. Private sector port loading assessment.
Sec. 326. Strategy on revitalizing Army organic industrial base.
Subtitle D—Reports
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Sec. 331. Modifications to Quarterly Readiness Report to Congress.

Sec. 332. Report on average travel costs of members of the reserve components.
Sec. 333. Report on HH–60G sustainment and Combat Rescue Helicopter program.

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

Subtitle A—Authorization of Appropriations

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Armed Forces and other activities and agen-
cies of the Department of Defense for expenses, not otherwise pro-
vided for, for operation and maintenance, as specified in the fund-
ing table in section 4301.
Subtitle B—Energy and Environment
SEC. 311. MODIFIED REPORTING REQUIREMENT RELATED TO INSTAL-
LATIONS ENERGY MANAGEMENT.
Subsection (a) of section 2925 of title 10, United States Code,
is amended—
(1) in the subsection heading, by inserting ‘‘, RESILIENCY,
AND MISSION ASSURANCE’’ after ‘‘ANNUAL REPORT RELATED TO
INSTALLATIONS ENERGY MANAGEMENT’’;
(2) by striking paragraphs (2), (3), (4), (5), (6), (7), (8), and
(10);
(3) by redesignating paragraphs (9) and (11) as paragraphs
(3), and (4), respectively; and
(4) by inserting after paragraph (1), the following:
‘‘(2) A description of the energy savings, return on invest-
ment, and enhancements to installation mission assurance real-
ized by the fulfillment of the goals described in paragraph (1).’’.
SEC. 312. WAIVER AUTHORITY FOR ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT.
(a) IN GENERAL.—The Secretary of Defense may waive the re-
quirement under section 526 of the Energy Independence and Secu-
rity Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) if the Sec-
retary determines it is in the national security interest of the United
States.
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(b) NOTIFICATION REQUIREMENT.—The Secretary of Defense

shall notify the congressional defense committees not later than 15
days after exercising the waiver authority under subsection (a).

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SEC. 313. UTILITY DATA MANAGEMENT FOR MILITARY FACILITIES.
(a) PILOT PROGRAM.—The Secretary of Defense, in consultation
with the Secretary of Energy, may carry out a pilot program to in-
vestigate the use of utility data management services to perform
utility bill aggregation, analysis, third-party payment, storage, and
distribution for the Department of Defense.
(b) USE OF FUNDS.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2017 for oper-
ation and maintenance, Navy, for enterprise information, not more
than $250,000 may be obligated or expended to carry out the pilot
program under subsection (a).
SEC. 314. ALTERNATIVE TECHNOLOGIES FOR MUNITIONS DISPOSAL.
In carrying out the disposal of munitions in the stockpile of con-
ventional munitions awaiting demilitarization and disposal, the
Secretary of the Army may use cost-competitive technologies that
minimize waste generation and air emissions as alternatives to dis-
posal by open burning, open detonation, direct contact combustion,
and incineration.
SEC. 315. REPORT ON EFFORTS TO REDUCE HIGH ENERGY COSTS AT
MILITARY INSTALLATIONS.
(a) REPORT.—
(1) REPORT REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, the Under Secretary of De-
fense for Acquisition, Technology, and Logistics, in conjunction
with the assistant secretaries responsible for installations and
environment for the military services and the Defense Logistics
Agency, shall submit to the congressional defense committees a
report detailing the efforts to achieve cost savings at military
installations with high levels of energy intensity.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) A comprehensive, installation-specific assessment of
feasible and mission-appropriate energy initiatives sup-
porting energy production and consumption at military in-
stallations with high levels of energy intensity.
(B) An assessment of current sources of energy in areas
with high energy costs and potential future sources that are
technologically feasible, cost-effective, and mission-appro-
priate for military installations.
(C) A comprehensive implementation strategy to in-
clude required investment for feasible energy efficiency op-
tions determined to be the most beneficial and cost-effective,
where appropriate, and consistent with Department of De-
fense priorities.
(D) An explanation of how military services are work-
ing collaboratively in order to leverage lessons learned on
potential energy efficiency solutions.
(E) An assessment of the extent to which activities ad-
ministered under the Federal Energy Management Pro-
gram could be used to assist with the implementation strat-
egy.
(F) An assessment of State and local partnership op-
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portunities that could achieve efficiency and cost savings,

and any legislative authorities required to carry out such
partnerships or agreements.

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(3) COORDINATION WITH STATE AND LOCAL AND OTHER ENTI-

TIES.—In preparing the report required under paragraph (1),
the Under Secretary may work in conjunction and coordinate
with the States containing areas of high levels of energy inten-
sity, local communities, and other Federal departments and
agencies.
(b) DEFINITIONS.—In this section, the term ‘‘high levels of en-
ergy intensity’’ means costs for the provision of energy by kilowatt
of electricity or British thermal unit of heat or steam for a military
installation in the United States that is in the highest 20 percent
of all military installations for a military department.
SEC. 316. SENSE OF CONGRESS ON FUNDING DECISIONS RELATING TO
CLIMATE CHANGE.
It is the sense of Congress that—
(1) decisions relating to the funding of the Department of
Defense for fiscal year 2017 should prioritize the support and
enhancement of the combat capabilities of the Department, in
addition to seeking efficiency and efficacy;
(2) funds should be allocated among the programs of the
Department in the manner that best serves the national security
interests of the United States; and
(3) decisions relating to energy efficiency, energy use, and
climate change should adhere to the principles described in
paragraphs (1) and (2).
Subtitle C—Logistics and Sustainment
SEC. 321. REVISION OF DEPLOYABILITY RATING SYSTEM AND PLAN-
NING REFORM.
(a) DEPLOYMENT PRIORITIZATION AND READINESS.—
(1) IN GENERAL.—Chapter 1003 of title 10, United States
Code, is amended by inserting after section 10102 the following
new section:
‘‘§ 10102a. Deployment prioritization and readiness of Army
components
‘‘(a) DEPLOYMENT PRIORITIZATION.—The Secretary of the Army
shall maintain a system for identifying the priority of deployment
for units of all components of the Army.
‘‘(b) DEPLOYABILITY READINESS RATING.—The Secretary of the
Army shall maintain a readiness rating system for units of all com-
ponents of the Army that provides an accurate assessment of the
deployability of a unit and those shortfalls of a unit that require the
provision of additional resources. The system shall ensure—
‘‘(1) that the personnel readiness rating of a unit reflects—
‘‘(A) both the percentage of the overall personnel re-
quirement of the unit that is manned and deployable and
the fill and deployability rate for critical occupational spe-
cialties necessary for the unit to carry out its basic mission
requirements; and
‘‘(B) the number of personnel in the unit who are quali-
fied in their primary military occupational specialty; and
‘‘(2) that the equipment readiness assessment of a unit—
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‘‘(A) documents all equipment required for deployment;

‘‘(B) reflects only that equipment that is directly pos-
sessed by the unit;

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‘‘(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 be-
ginning of chapter 1003 of such title is amended by inserting
after the item relating to section 10102 the following new item:
‘‘10102a. Deployment prioritization and readiness of Army components.’’.
(b) REPEAL OF SUPERSEDED PROVISIONS OF LAW.—Sections
1121 and 1135 of the Army National Guard Combat Readiness Re-
form Act of 1992 (title XI of Public Law 102–484; 10 U.S.C. 10105
note) are repealed.
SEC. 322. REVISION OF GUIDANCE RELATING TO CORROSION CON-
TROL AND PREVENTION EXECUTIVES.
(a) IN GENERAL.—Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics, in coordination with the Director of
Corrosion Policy and Oversight for the Department of Defense, shall
revise guidance relating to corrosion control and prevention execu-
tives to—
(1) clarify the role of each such executive with respect to as-
sisting the Office of Corrosion Policy and Oversight in holding
the appropriate project management office in each military de-
partment accountable for submitting the annual report required
under section 903(b)(5) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417;
10 U.S.C. 2228 note); and
(2) ensure that corrosion control and prevention executives
emphasize the reduction of corrosion and the effects of corrosion
on the military equipment and infrastructure of the Department
of Defense, as required in the long-term strategy of the Depart-
ment of Defense under section 2228(d) of title 10, United States
Code.
(b) CORROSION CONTROL AND PREVENTION EXECUTIVE DE-
FINED.—In this section, the term ‘‘corrosion control and prevention
executive’’ means the employee of a military department designated
as the corrosion control and prevention executive of the department
under section 903(a) of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (Public Law 110–417; 10
U.S.C. 2228 note).
SEC. 323. PILOT PROGRAM FOR INCLUSION OF CERTAIN INDUSTRIAL
PLANTS IN THE ARMAMENT RETOOLING AND MANUFAC-
TURING SUPPORT INITIATIVE.
During the five-year period beginning on the date of the enact-
ment of this Act, the Secretary of Defense may treat a Government-
owned, contractor-operated industrial plant of the Department of
Defense as an eligible facility under section 4551(2) of title 10,
United States Code.
SEC. 324. REPAIR, RECAPITALIZATION, AND CERTIFICATION OF DRY
DOCKS AT NAVAL SHIPYARDS.
(a) SPECIAL AUTHORITY TO TRANSFER AUTHORIZATIONS.—In
addition to the authority to transfer funds provided under section
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1001, the Secretary of Defense may transfer not more than

$250,000,000 of authorizations made available to the Department of
Defense in this Act for fiscal year 2017 to the Department of the

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Navy for the repair, recapitalization, and certification of dry docks

at Government-owned, Government-operated shipyards of the Navy.
(b) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
(c) TERMS AND CONDITIONS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
transfers under this section shall be subject to the same terms
and conditions as transfers under section 1001.
(2) EFFECT ON DOLLAR LIMIT.—A transfer of funds under
this section shall not be counted toward the dollar limitation
described in section 1001(a)(2).
SEC. 325. PRIVATE SECTOR PORT LOADING ASSESSMENT.
(a) ASSESSMENTS REQUIRED.—During the period beginning on
the date of the enactment of this Act and ending on the date of the
final briefing under subsection (c), the Secretary of the Navy shall
conduct quarterly assessments of naval ship maintenance and load-
ing activities carried out by private sector entities at each covered
port.
(b) ELEMENTS OF ASSESSMENTS.—Each assessment under sub-
section (a) shall include, with respect to each covered port, the fol-
lowing:
(1) Resources per day, including daily ship availabilities
and the workforce available to carry out maintenance and load-
ing activities, for the fiscal year preceding the quarter covered
by the assessment through the end of such quarter.
(2) Projected resources per day, including daily ship avail-
abilities and the workforce available to carry out maintenance
and loading activities, through the end of the second fiscal year
beginning after the quarter covered by the assessment.
(3) A description of the methods by which the Secretary
communicates projected workloads to private sector entities en-
gaged in ship maintenance activities and ship loading activi-
ties.
(4) A description of any processes that have been imple-
mented to allow for timely feedback from private sector entities
engaged in ship maintenance activities and ship loading activi-
ties.
(c) BRIEFINGS REQUIRED.—Not later than 30 days after the date
of the enactment of this Act, and on a quarterly basis thereafter
until September 30, 2021, the Secretary shall provide to the Com-
mittees on Armed Services of the Senate and House of Representa-
tives (and other congressional defense committees on request)—
(1) a briefing on the results of the assessments conducted
under subsection (a); and
(2) a chart depicting the information described in para-
graphs (1) and (2) of subsection (b) with respect to each covered
port.
(d) COVERED PORTS.—In this section, the term ‘‘covered ports’’
means port facilities used by the Department of Defense in each of
the following locations:
(1) Mayport, Florida.
(2) Norfolk, Virginia.
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(3) Pearl Harbor, Hawaii.

(4) Puget Sound, Washington.
(5) San Diego, California.

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SEC. 326. STRATEGY ON REVITALIZING ARMY ORGANIC INDUSTRIAL
BASE.
(a) STRATEGY.—Not later than October 1, 2017, the Secretary of
Army shall submit to the congressional defense committees a strat-
egy to revitalize the organic industrial base of the Army.
(b) ELEMENTS.—The strategy under subsection (a) shall include,
with respect to the organic industrial base of the Army, the fol-
lowing:
(1) A plan to ensure the long-term viability of the organic
industrial base.
(2) An assessment of legacy items of the Army that are sus-
tained by the Defense Logistics Agency.
(3) A description of how the organic industrial base may be
used to address diminishing manufacturing sources and mate-
rial shortages.
(4) A description of critical capabilities that are required
across the organic industrial base.
(5) An assessment of infrastructure across the organic in-
dustrial base.
(6) An assessment of manufacturing sources in the organic
industrial base and the private sector.
(7) An explanation of how contracting may be used to meet
organic industrial base requirements.
(8) An assessment of current and future workloads across
the organic industrial base.
(9) An assessment of the processes used to identify critical
capabilities for the organic industrial base and the methods
used to determine workloads.
(10) An assessment of existing labor rates.
(11) A description of manufacturing skills that are needed
to sustain readiness.
(12) A description of how public-private partnerships may
be used to improve the organic industrial base.
(13) A description of how working capital funds may be
used to improve the organic industrial base.
(14) An assessment of operating expenses and the potential
for reducing or recovering such expenses.
(15) Identification of the tooling, equipment, and facilities
upgrades necessary for a facility in the organic industrial base
to manufacture the legacy items of the Defense Logistics Agency,
including items described in section 333(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–
92; 129 Stat. 792).
(16) An assessment of the suitability of manufacturing the
legacy items of the Defense Logistics Agency in a facility in the
organic industrial base.
(c) DEFINITIONS.—In this section:
(1) LEGACY ITEMS.—The term ‘‘legacy items’’ means manu-
factured items that are no longer produced by the private sector
but continue to be used for weapons systems of the Department
of Defense, but does not include information systems and infor-
mation technology (as those terms are defined in section 11101
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of title 40, United States Code).

(2) ORGANIC INDUSTRIAL BASE.—The term ‘‘organic indus-
trial base’’ means United States military facilities, including ar-

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 81

senals, depots, munition plants and centers, and storage sites,

that advance a vital national security interest by producing,
maintaining, repairing, and storing materiel, munitions, and
hardware.
Subtitle D—Reports
SEC. 331. MODIFICATIONS TO QUARTERLY READINESS REPORT TO
CONGRESS.
(a) DEADLINE FOR REPORT.—Subsection (a) of section 482 of
title 10, United States Code, is amended by striking ‘‘Not later than
45 days after the end of each calendar-year quarter’’ and inserting
‘‘Not later than 30 days after the end of each calendar-year quarter’’.
(b) ELIMINATION OF REPORTING REQUIREMENTS RELATED TO
PREPOSITIONED STOCKS AND NATIONAL GUARD CIVIL SUPPORT MIS-
SION 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 informa-
tion collected pursuant to section 117(c)(7) of this title.’’.
SEC. 332. REPORT ON AVERAGE TRAVEL COSTS OF MEMBERS OF THE
RESERVE COMPONENTS.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
the congressional defense committees a report on the travel expenses
of members of reserve components associated with performing active
duty service, active service, full-time National Guard duty, active
Guard and Reserve duty, and inactive-duty training, as such terms
are defined in section 101(d) of title 10, United States Code. Such
report shall include the average annual cost for all travel expenses
for a member of a reserve component.
SEC. 333. REPORT ON HH–60G SUSTAINMENT AND COMBAT RESCUE
HELICOPTER PROGRAM.
(a) REPORT ON SUSTAINMENT PLAN.—Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report that
sets forth a plan to modernize, sustain training, and conduct depot-
level maintenance and repair for all components of the HH–60 heli-
copter 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 in-
clude a description of the plans of the Air Force—
(1) to modernize legacy HH–60G combat rescue helicopters;
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(2) to maintain the training pipeline for the HH–60G air-

crew and the maintenance force required to maintain full readi-
ness through the end of fiscal year 2029; and

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(3) to carry out depot-level maintenance and repair (as that

term is defined in section 2460 of title 10, United States Code)
to ensure the legacy HH–60G fleet of helicopters is maintained
to meet readiness rates through the end of fiscal year 2029.
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
Subtitle E—Other Matters
SEC. 341. AIR NAVIGATION MATTERS.
(a) EXPANSION OF DEFINITION OF STRUCTURES INTERFERING
WITH AIR COMMERCE AND NATIONAL DEFENSE.—
(1) NOTICE.—Section 44718(a) of title 49, United States
Code, is amended—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the end
and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(3) the interests of national security, as determined by the
Secretary of Defense.’’.
(2) STUDIES.—Section 44718(b) of title 49, United States
Code, is amended to read as follows:
‘‘(b) STUDIES.—
‘‘(1) IN GENERAL.—Under regulations prescribed by the Sec-
retary, if the Secretary decides that constructing or altering a
structure may result in an obstruction of the navigable air-
space, an interference with air navigation facilities and equip-
ment or the navigable airspace, or, after consultation with the
Secretary of Defense, an adverse impact on military operations
and readiness, the Secretary of Transportation shall conduct an
aeronautical study to decide the extent of any adverse impact on
the safe and efficient use of the airspace, facilities, or equip-
ment. In conducting the study, the Secretary shall—
‘‘(A) consider factors relevant to the efficient and effec-
tive use of the navigable airspace, including—
‘‘(i) the impact on arrival, departure, and en route
procedures for aircraft operating under visual flight
rules;
‘‘(ii) the impact on arrival, departure, and en route
procedures for aircraft operating under instrument
flight rules;
‘‘(iii) the impact on existing public-use airports and
aeronautical facilities;
‘‘(iv) the impact on planned public-use airports
and aeronautical facilities;
‘‘(v) the cumulative impact resulting from the pro-
posed construction or alteration of a structure when
combined with the impact of other existing or proposed
structures; and
‘‘(vi) other factors relevant to the efficient and effec-
tive use of navigable airspace; and
‘‘(B) include the finding made by the Secretary of De-
fense under subsection (f).
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‘‘(2) REPORT.—On completing the study, the Secretary of

Transportation shall issue a report disclosing the extent of
the—

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 83

‘‘(A) adverse impact on the safe and efficient use of the

navigable airspace that the Secretary finds will result from
constructing or altering the structure; and
‘‘(B) unacceptable risk to the national security of the
United States, as determined by the Secretary of Defense
under subsection (f).
‘‘(3) SEVERABILITY.—A determination by the Secretary of
Transportation on hazard to air navigation under this section
shall remain independent of a determination of unacceptable
risk to the national security of the United States by the Sec-
retary of Defense under subsection (f).’’.
(3) NATIONAL SECURITY FINDING; DEFINITIONS.—Section
44718 of title 49, United States Code, is amended by adding at
the end the following:
‘‘(f) NATIONAL SECURITY FINDING.—As part of an aeronautical
study conducted under subsection (b), the Secretary of Defense
shall—
‘‘(1) make a finding on whether the construction, alteration,
establishment, or expansion of a structure or sanitary landfill
included in the study would result in an unacceptable risk to
the national security of the United States; and
‘‘(2) transmit the finding to the Secretary of Transportation
for inclusion in the report required under subsection (b)(2).
‘‘(g) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ADVERSE IMPACT ON MILITARY OPERATIONS AND READI-
NESS.—The term ‘adverse impact on military operations and
readiness’ has the meaning given the term in section 211.3 of
title 32, Code of Federal Regulations, as in effect on January
6, 2014.
‘‘(2) UNACCEPTABLE RISK TO THE NATIONAL SECURITY OF
THE UNITED STATES.—The term ‘unacceptable risk to the na-
tional security of the United States’ has the meaning given the
term in section 211.3 of title 32, Code of Federal Regulations,
as in effect on January 6, 2014.’’.
(4) CONFORMING AMENDMENTS.—
(A) SECTION HEADING.—Section 44718 of title 49,
United States Code, is amended in the section heading by
inserting ‘‘or national security’’ after ‘‘air commerce’’.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 447 of title 49, United States
Code, is amended by striking the item relating to section
44718 and inserting the following:
‘‘44718. Structures interfering with air commerce or national security.’’.
(b) PERFORMANCE-BASED NAVIGATION.—Section 213(c) of the
FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49
U.S.C. 40101 note) is amended by adding at the end the following:
‘‘(3) NOTIFICATIONS AND CONSULTATIONS.—Not later than
90 days before applying a categorical exclusion under this sub-
section to a new procedure at an OEP airport, the Adminis-
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trator shall—
‘‘(A) notify and consult with the operator of the airport
at which the procedure would be implemented; and

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‘‘(B) consider consultations or other engagement with

the community in the which the airport is located to inform
the public of the procedure.
‘‘(4) REVIEW OF CERTAIN CATEGORICAL EXCLUSIONS.—
‘‘(A) IN GENERAL.—The Administrator shall review any
decision of the Administrator made on or after February
14, 2012, and before the date of the enactment of this para-
graph to grant a categorical exclusion under this subsection
with respect to a procedure to be implemented at an OEP
airport that was a material change from procedures pre-
viously in effect at the airport to determine if the implemen-
tation of the procedure had a significant effect on the
human environment in the community in which the airport
is located.
‘‘(B) CONTENT OF REVIEW.—If, in conducting a review
under subparagraph (A) with respect to a procedure imple-
mented at an OEP airport, the Administrator, in consulta-
tion with the operator of the airport, determines that imple-
menting the procedure had a significant effect on the
human environment in the community in which the airport
is located, the Administrator shall—
‘‘(i) consult with the operator of the airport to iden-
tify measures to mitigate the effect of the procedure on
the human environment; and
‘‘(ii) in conducting such consultations, consider the
use of alternative flight paths that do not substantially
degrade the efficiencies achieved by the implementation
of the procedure being reviewed.
‘‘(C) HUMAN ENVIRONMENT DEFINED.—In this para-
graph, the term ‘human environment’ has the meaning
given such term in section 1508.14 of title 40, Code of Fed-
eral Regulations (as in effect on the day before the date of
the enactment of this paragraph).’’.
SEC. 342. CONTRACT WORKING DOGS.
(a) REQUIRED CONTRACT CLAUSE.—
(1) IN GENERAL.—Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new sec-
tion:
‘‘§ 2410r. Contract working dogs: requirement to transfer ani-
mals to 341st Training Squadron after service life
‘‘(a) IN GENERAL.—Each contract entered into by the Secretary
of Defense for the provision of a contract working dog shall require
that the dog be transferred to the 341st Training Squadron after the
service life of the dog has terminated as described in subsection (b)
for reclassification as a military animal and placement for adoption
in accordance with section 2583 of this title.
‘‘(b) SERVICE LIFE.—The service life of a contract working dog
has terminated and the dog is available for transfer to the 341st
Training Squadron pursuant to a contract under subsection (a) only
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if the contracting officer concerned has determined that—

‘‘(1) the final contractual obligation of the dog preceding
such transfer is with the Department of Defense; and

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 85

‘‘(2) the dog cannot be used by another department or agen-

cy of the Federal Government due to age, injury, or perform-
ance.
‘‘(c) CONTRACT WORKING DOG.—In this section, the term ‘con-
tract working dog’ means a dog—
‘‘(1) that performs a service for the Department of Defense
pursuant to a contract; and
‘‘(2) that is trained and kenneled by an entity that provides
such a dog pursuant to such a contract.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter is amended by adding at the end the
following new item:
‘‘2410r. Contract working dogs: requirement to transfer animals to 341st Training
Squadron after service life.’’.
(b) INCLUSION IN DEFINITION OF MILITARY ANIMAL.—Para-
graph (1) of section 2583(h) of title 10, United States Code, is
amended to read as follows:
‘‘(1) A military working dog, which may include a contract
working dog (as such term is defined in section 2410r) that has
been transferred to the 341st Training Squadron.’’.
SEC. 343. PLAN, FUNDING DOCUMENTS, AND MANAGEMENT REVIEW
RELATING TO EXPLOSIVE ORDNANCE DISPOSAL.
(a) PLAN REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall develop a
plan to establish an explosive ordnance disposal program in the
Department of Defense to ensure close and continuous coordina-
tion among the military departments on matters relating to ex-
plosive ordnance disposal.
(2) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—The plan
under paragraph (1) shall include provisions under which—
(A) the Secretary of Defense shall—
(i) assign responsibility for the coordination and
integration of explosive ordnance disposal to a joint of-
fice or entity in the Office of the Secretary of Defense;
and
(ii) designate the Secretary of the Navy (or a des-
ignee of the Secretary of the Navy) as the executive
agent for the Department of Defense to coordinate and
integrate research, development, test, and evaluation
activities and procurement activities of the military de-
partments relating to explosive ordnance disposal; and
(B) the Secretary of each military department shall as-
sess the needs of the military department concerned with
respect to explosive ordnance disposal and may carry out
research, development, test, and evaluation activities and
procurement activities to address such needs.
(b) ANNUAL EXPLOSIVE ORDNANCE DISPOSAL FUNDING DOCU-
MENTS.—
(1) IN GENERAL.—The Secretary of Defense shall submit to
Congress, as a part of the defense budget materials for each fis-
cal year after fiscal year 2017, a consolidated funding display,
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in classified and unclassified form, that identifies the funding

source for all explosive ordnance disposal activities within the
Department of Defense.

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(2) ELEMENTS.—The funding display under paragraph (1)

for a fiscal year shall include a single program element from
each military department for each of the following:
(A) Research, development, test, and evaluation.
(B) Procurement.
(C) Operation and maintenance.
(D) Any other program element used to fund explosive
ordnance disposal activities (but not including any pro-
gram element relating to military construction).
(c) MANAGEMENT REVIEW AND ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall review and
assess the effectiveness of current management structures in
supporting the explosive ordnance disposal needs of the combat-
ant commands and the military departments.
(2) ELEMENTS.—The review and assessment under para-
graph (1) shall include the following:
(A) A review of the organizational structures and re-
sponsibilities within the Office of the Secretary of Defense
that provide policy and oversight of the policies, programs,
acquisition activities, and personnel of the military depart-
ments relating to explosive ordnance disposal.
(B) A review of the organizational structures and re-
sponsibilities within the military departments that—
(i) man, equip, and train explosive ordnance dis-
posal forces; and
(ii) support such forces with manpower, tech-
nology, equipment, and readiness.
(C) A review of the organizational structures and re-
sponsibilities of the Secretary of the Navy as the executive
agent for explosive ordnance disposal technology and train-
ing.
(D) Budget displays for each military department that
support research, development, test, and evaluation; pro-
curement; and operation and maintenance, relating to ex-
plosive ordnance disposal.
(E) An assessment of the adequacy of the organiza-
tional structures and responsibilities and the alignment of
funding within the military departments in supporting the
needs of the combatant commands and the military depart-
ments with respect to explosive ordnance disposal.
(d) BRIEFING.—Not later than March 1, 2017, the Secretary
shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing that includes—
(1) details of the plan required under subsection (a);
(2) the results of the review and assessment under sub-
section (c);
(3) a description of any measures undertaken to improve
joint coordination, oversight, and management of programs re-
lating to explosive ordnance disposal;
(4) recommendations to the Secretary to improve the capa-
bilities and readiness of explosive ordnance disposal forces; and
(5) an explanation of the advantages and disadvantages of
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assigning responsibility for the coordination and integration of

explosive ordnance disposal to a single joint office or entity in
the Office of the Secretary of Defense.

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 87

(e) DEFINITIONS.—In this section:

(1) EXPLOSIVE ORDNANCE.—The term ‘‘explosive ordnance’’
means any munition containing explosives, nuclear fission or
fusion materials, or biological or chemical agents, including—
(A) bombs and warheads;
(B) guided and ballistic missiles;
(C) artillery, mortar, rocket, and small arms muni-
tions;
(D) mines, torpedoes, and depth charges;
(E) demolition charges;
(F) pyrotechnics;
(G) clusters and dispensers;
(H) cartridge and propellant actuated devices;
(I) electro-explosive devices; and
(J) clandestine and improvised explosive devices.
(2) DISPOSAL.—The term ‘‘disposal’’ means, with respect to
explosive ordnance, the detection, identification, field evalua-
tion, defeat, disablement, or rendering safe, recovery and exploi-
tation, and final disposition of the ordnance.
SEC. 344. PROCESS FOR COMMUNICATING AVAILABILITY OF SURPLUS
AMMUNITION.
(a) IN GENERAL.—The Secretary of Defense shall implement a
formal process to provide Federal Government agencies outside the
Department of Defense with information on the availability of sur-
plus, serviceable ammunition from the Department of Defense for
the purpose of reducing costs relating to the storage and disposal of
such ammunition.
(b) IMPLEMENTATION DEADLINE.—The Secretary shall imple-
ment the process described in subsection (a) beginning not later
than 180 days after the date of the enactment of this Act.
SEC. 345. MITIGATION OF RISKS POSED BY WINDOW COVERINGS WITH
ACCESSIBLE CORDS IN CERTAIN MILITARY HOUSING
UNITS.
(a) REMOVAL OF CERTAIN WINDOW COVERINGS.—Not later than
three years after the date of enactment of this Act, the Secretary of
Defense shall remove and replace disqualified window coverings
from—
(1) military housing units owned by the Department of De-
fense in which children under the age of 9 may reside; and
(2) military housing units leased by the Department of De-
fense in which children under the age of 9 may reside if the
lease for such units requires the Department to provide window
coverings.
(b) PROHIBITION ON DISQUALIFIED WINDOW COVERINGS IN MILI-
TARY HOUSING UNITS ACQUIRED OR CONSTRUCTED BY CONTRACT.—
All contracts entered into by the Secretary of Defense after Sep-
tember 30, 2017, for the acquisition or construction of military fam-
ily housing, including military family housing acquired or con-
structed pursuant to subchapter IV of chapter 169 of title 10, United
States Code, shall prohibit the use of disqualified window coverings
in such housing.
(c) DISQUALIFIED WINDOW COVERING DEFINED.—In this section,
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the term ‘‘disqualified window covering’’ means—

(1) a window covering with an accessible cord that exceeds
8 inches in length; or

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 88

(2) a window covering with an accessible continuous loop

cord that does not have a cord tension device that prevents oper-
ation when the cord is not anchored to the wall.
SEC. 346. ACCESS TO MILITARY INSTALLATIONS BY TRANSPORTATION
COMPANIES.
(a) IN GENERAL.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall establish poli-
cies under which covered drivers may be authorized to access mili-
tary installations.
(b) ELEMENTS.—The policies established under subsection (a)—
(1) shall include the terms and conditions under which a
covered driver may be authorized to access a military installa-
tion;
(2) may require a transportation company and a covered
driver to enter into a written agreement with the Department of
Defense as a precondition for obtaining authorization to access
a military installation;
(3) shall be consistent across military installations, to the
extent practicable;
(4) shall be designed to promote the expeditious entry of
covered drivers onto military installations for purposes of pro-
viding commercial transportation services;
(5) shall place appropriate restrictions on entry into sen-
sitive areas of military installations;
(6) shall be designed, to the extent practicable, to give cov-
ered drivers access to barracks areas, housing areas, temporary
lodging facilities, hospitals, and community support facilities;
(7) shall require transportation companies—
(A) to track, in real-time, the location of the entry and
exit of covered drivers onto and off of military installations;
and
(B) to provide, on demand, the information described
in subparagraph (A) to appropriate personnel and agencies
of the Department; and
(8) shall take into account force protection requirements
and ensure the protection and safety of members of the Armed
Forces, civilian employees of the Department of Defense, and the
families of such members and employees.
(c) CONFIDENTIALITY OF INFORMATION.—The Secretary shall en-
sure that any information provided to the Department by a trans-
portation company under subsection (b)(7)—
(1) is treated as confidential and proprietary information of
the company that is exempt from public disclosure pursuant to
section 552 of title 5, United States Code (commonly known as
the ‘‘Freedom of Information Act’’); and
(2) except as provided in subsection (b)(7), is not disclosed
to any person or entity without the express written consent of
the company unless disclosure of such information is required
by a court order.
(d) DEFINITIONS.—In this section:
(1) TRANSPORTATION COMPANY.—The term ‘‘transportation
company’’ means a corporation, partnership, sole proprietor-
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ship, or other entity outside of the Department of Defense that

provides a commercial transportation service to a rider, includ-
ing a company that uses a digital network to connect riders to

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covered drivers for the purpose of providing such transportation

service.
(2) COVERED DRIVER.—The term ‘‘covered driver’’—
(A) means an individual—
(i) who is an employee of a transportation company
or who is affiliated with a transportation company;
and
(ii) who provides a commercial transportation serv-
ice to a rider; and
(B) includes a vehicle operated by such individual for
the purpose of providing such service.
SEC. 347. ACCESS TO WIRELESS HIGH-SPEED INTERNET AND NET-
WORK CONNECTIONS FOR CERTAIN MEMBERS OF THE
ARMED FORCES.
(a) IN GENERAL.—In providing members of the Armed Forces
with access to high-speed wireless Internet and network connections
at military installations outside the United States, the Secretary of
Defense may provide such access without charge to the members
and their dependents.
(b) CONTRACT AUTHORITY.—The Secretary may enter into con-
tracts for the purpose of carrying out subsection (a).
SEC. 348. LIMITATION ON AVAILABILITY OF FUNDS FOR OFFICE OF
THE UNDER SECRETARY OF DEFENSE FOR INTEL-
LIGENCE.
Of the funds authorized to be appropriated by this Act or other-
wise made available for fiscal year 2017 for Operation and Mainte-
nance, Defense-wide, for the Office of the Under Secretary of Defense
for Intelligence, not more than 90 percent may be obligated or ex-
pended until the Secretary of Defense issues guidance on the process
by which members of the Armed Forces may carry an appropriate
firearm on a military installation, as required by section 526 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 813; 10 U.S.C. 2672 note).
SEC. 349. LIMITATION ON DEVELOPMENT AND FIELDING OF NEW CAM-
OUFLAGE AND UTILITY UNIFORMS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense may be ob-
ligated or expended to develop or field new camouflage uniforms,
new utility uniforms, or new families of uniforms until the date that
is one year after the date on which the Secretary of Defense submits
to the congressional defense committees notice of the intent of the
Secretary to develop or field such uniforms.
SEC. 350. PLAN FOR IMPROVED DEDICATED ADVERSARY AIR TRAINING
ENTERPRISE OF THE AIR FORCE.
(a) IN GENERAL.—The Chief of Staff of the Air Force shall de-
velop a plan for an improved dedicated adversary air training en-
terprise for the Air Force—
(1) to maximize warfighting effectiveness and synergies of
the current and planned fourth and fifth generation combat air
forces through optimized training and readiness;
(2) to harness intelligence analysis, emerging live-virtual-
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constructive training technologies, range infrastructure im-

provements, and results of experimentation and prototyping ef-
forts in operational concept development;

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(3) to challenge the combat air forces of the Air Force with
threat representative adversary-to-friendly aircraft ratios,
known and emerging adversary tactics, and high fidelity rep-
lication of threat airborne and ground capabilities; and
(4) to achieve training and readiness goals and objectives
of the Air Force with demonstrated institutional commitment to
the adversary air training enterprise through the application of
Air Force policy and resources, partnering with the other Armed
Forces, allies, and friends, and employing the use of industry
contracted services.
(b) ELEMENTS.—The plan under subsection (a) shall include,
with respect to an improved dedicated adversary air training enter-
prise, the following:
(1) Goals and objectives.
(2) Concepts of operations.
(3) Timelines for the phased implementation of the enter-
prise.
(4) Analysis of readiness improvements that may result
from the enterprise.
(5) Prioritized resource requirements.
(6) Such other matters as the Chief of Staff considers ap-
propriate.
(c) WRITTEN PLAN AND BRIEFING.—Not later than March 3,
2017, the Chief of Staff shall provide to the Committees on Armed
Services of the Senate and the House of Representatives—
(1) a written version of the plan developed under subsection
(a); and
(2) a briefing on such plan.
SEC. 351. INDEPENDENT REVIEW AND ASSESSMENT OF THE READY
AIRCREW PROGRAM OF THE AIR FORCE.
(a) INDEPENDENT REVIEW AND ASSESSMENT.—The Secretary of
the Air Force shall enter into a contract with an independent entity
with appropriate expertise—
(1) to conduct a review and assessment of—
(A) the assumptions underlying the annual continu-
ation training requirements of the Air Force; and
(B) the overall effectiveness of the Ready Aircrew Pro-
gram of the Air Force in managing aircrew training re-
quirements; and
(2) to make recommendations for the improved manage-
ment of such training requirements.
(b) REPORT.—
(1) IN GENERAL.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on the
review and assessment conducted under subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall in-
clude an examination of the following:
(A) For the aircrews of each type of combat aircraft
and by mission type—
(i) the number of sorties required to reach min-
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imum and optimal levels of proficiency, respectively;

(ii) the optimal mix of live and virtual training
sorties; and

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(iii) the optimal mix of experienced aircrews versus

inexperienced aircrews.
(B) The availability of assets and infrastructure to sup-
port the achievement of aircrew proficiency levels and an
explanation of any requirements relating to such assets and
infrastructure.
(C) The accumulated flying hours or other measure-
ments used to determine if an aircrew qualifies for designa-
tion as an experienced aircrew, and whether different meas-
urements should be used.
(D) Any actions taken or planned to be taken to imple-
ment recommendations resulting from the independent re-
view and assessment under subsection (a), including an es-
timate of the resources required to implement such rec-
ommendations.
(E) Any other matters the Secretary determines are ap-
propriate to ensure a comprehensive review and assessment.
(c) COMPTROLLER GENERAL REVIEW.—
(1) IN GENERAL.—The Comptroller General of the United
States shall submit to the congressional defense committees a
review of the report described in subsection (b). Such review
shall include an assessment of—
(A) the extent to which the report addressed the ele-
ments described in paragraph (2) of such subsection;
(B) the adequacy and completeness of the assumptions
reviewed to establish the annual training requirements of
the Air Force;
(C) any actions the Air Force plans to carry out to in-
corporate the results of the report into annual training doc-
uments; and
(D) any other matters the Comptroller General deter-
mines are relevant.
(2) BRIEFING.—Not later than 60 days after the date on
which the Secretary of the Air Force submits the report under
subsection (b) and prior to submitting the review required
under paragraph (1), the Comptroller General shall provide a
briefing to the congressional defense committees on the prelimi-
nary results of the review conducted under such paragraph.
SEC. 352. STUDY ON SPACE-AVAILABLE TRAVEL SYSTEM OF THE DE-
PARTMENT OF DEFENSE.
(a) STUDY REQUIRED.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally funded research and develop-
ment center to conduct an independent study on the space-available
travel system of the Department of Defense.
(b) REPORT REQUIRED.—Not later than 180 days after entering
into a contract with a federally funded research and development
center under subsection (a), the Secretary shall submit to the con-
gressional defense committees a report summarizing the results of
the study conducted under such subsection.
(c) ELEMENTS.—The report under subsection (b) shall include,
with respect to the space-available travel system, the following:
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(1) A determination of—

(A) the capacity of the system as of the date of the en-
actment of this Act;

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(B) the projected capacity of the system for the 10-year

period following such date of enactment; and
(C) the projected number of reserve retirees, active duty
retirees, and dependents of such retirees that will exist by
the end of such 10-year period.
(2) Estimates of system capacity based the projections de-
scribed in paragraph (1).
(3) A discussion of the efficiency of the system and data re-
garding the use of available space with respect to each category
of passengers eligible for space-available travel under existing
regulations.
(4) A description of the effect on system capacity if eligi-
bility for space-available travel is extended to—
(A) drilling reserve component personnel and depend-
ents of such personnel on international flights;
(B) dependents of reserve component retirees who are
less than 60 years of age;
(C) retirees who are less than 60 years of age on inter-
national flights;
(D) drilling reserve component personnel traveling to
drilling locations; and
(E) members or former members of the Armed Forces
who have a disability rated as total, if space-available trav-
el is provided to such members on the same basis as such
travel is provided to members of the Armed Forces entitled
to retired or retainer pay.
(5) A discussion of logistical and management problems,
including congestion at terminals, waiting times, lodging avail-
ability, and personal hardships experienced by travelers.
(6) An evaluation of the cost of the system and whether
space-available travel is and can remain cost-neutral.
(7) An evaluation of the feasibility of expanding the cat-
egories of passengers eligible for space-available travel to in-
clude—
(A) in the case of overseas travel, retired members of an
active or reserve component, including retired members of
reserve components, who, but for being under the eligibility
age applicable to the member under section 12731 of title
10, United States Code, would be eligible for retired pay
under chapter 1223 of such title;
(B) unremarried widows and widowers of active or re-
serve component members of the Armed Forces; and
(C) members or former members of the Armed Forces
who have a disability rated as total, if space-available trav-
el is provided to such members on the same basis as such
travel is provided to members of the Armed Forces entitled
to retired or retainer pay.
(8) Such other factors relating to the efficiency and cost of
the system as the Secretary determines to be appropriate.
(d) ADDITIONAL RESPONSIBILITIES.—In addition to carrying out
subsections (a) through (c), the Secretary of Defense shall—
(1) analyze the methods used to prioritize among the cat-
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egories of individuals eligible for space-available travel and

make recommendations for—
(A) re-ordering the priority of such categories; and

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(B) adding additional categories of eligible individuals;

and
(2) collect data on travelers who request but do not obtain
available travel spaces under the space-available travel system.
(e) DISABILITY RATED AS TOTAL DEFINED.—In this section, the
term ‘‘disability rated as total’’ has the meaning given the term in
section 1414(e)(3) of title 10, United States Code.
SEC. 353. EVALUATION OF MOTOR CARRIER SAFETY PERFORMANCE
AND SAFETY TECHNOLOGY.
(a) IN GENERAL.—The Secretary of Defense shall evaluate the
need for proven safety technology in vehicles transporting shipments
under the Transportation Protective Services program of the United
States Transportation Command, including—
(1) electronic logging devices;
(2) roll stability control;
(3) forward collision avoidance systems;
(4) lane departure warning systems; and
(5) speed limiters.
(b) CONSIDERATIONS.—In carrying out subsection (a), the Sec-
retary shall—
(1) consider the need to avoid catastrophic accidents and
exposure of security-sensitive materials; and
(2) take into the account the findings of the Government Ac-
countability Office report numbered GAO–16–82 and titled ‘‘De-
fense Transportation; DoD Needs to Improve the Evaluation of
Safety and Performance Information for Carriers Transporting
Security-Sensitive Materials’’.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

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

Subtitle B—Reserve Forces

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.

Subtitle A—Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty per-
sonnel as of September 30, 2017, as follows:
(1) The Army, 476,000.
(2) The Navy, 323,900.
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(3) The Marine Corps, 185,000.

(4) The Air Force, 321,000.

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SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
‘‘(1) For the Army, 476,000.
‘‘(2) For the Navy, 323,900.
‘‘(3) For the Marine Corps, 185,000.
‘‘(4) For the Air Force, 321,000.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of Sep-
tember 30, 2017, as follows:
(1) The Army National Guard of the United States,
343,000.
(2) The Army Reserve, 199,000.
(3) The Navy Reserve, 58,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 105,700.
(6) The Air Force Reserve, 69,000.
(7) The Coast Guard Reserve, 7,000.
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve component
shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are
on active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units or-
ganized to serve as units of the Selected Reserve of such compo-
nent who are on active duty (other than for training or for un-
satisfactory participation in training) without their consent at
the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or individual
members of the Selected Reserve for any reserve component are re-
leased from active duty during any fiscal year, the end strength pre-
scribed for such fiscal year for the Selected Reserve of such reserve
component shall be increased proportionately by the total authorized
strengths of such units and by the total number of such individual
members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the re-
serve components of the Armed Forces are authorized, as of Sep-
tember 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, re-
cruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,155.
(2) The Army Reserve, 16,261.
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(3) The Navy Reserve, 9,955.

(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,764.

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(6) The Air Force Reserve, 2,955.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STA-
TUS).
(a) IN GENERAL.—The authorized number of military techni-
cians (dual status) as of September 30, 2017, for the reserve compo-
nents of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
25,507.
(2) For the Army Reserve, 7,570.
(3) For the Air National Guard of the United States,
22,103.
(4) For the Air Force Reserve, 10,061.
(b) VARIANCE.—Notwithstanding section 115 of title 10, United
States Code, the end strength prescribed by subsection (a) for a re-
serve component specified in that subsection may be increased—
(1) by 3 percent, upon determination by the Secretary of De-
fense that such action is in the national interest; and
(2) by 2 percent, upon determination by the Secretary of the
military department concerned that such action would enhance
manning and readiness in essential units or in critical special-
ties or ratings.
SEC. 414. FISCAL YEAR 2017 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) LIMITATIONS.—
(1) NATIONAL GUARD.—Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2017, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States,
350.
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2017,
may not exceed 420.
(3) AIR FORCE RESERVE.—The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2017, may not exceed 90.
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,
the term ‘‘non-dual status technician’’ has the meaning given that
term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2017, the maximum number of members of
the reserve components of the Armed Forces who may be serving at
any time on full-time operational support duty under section 115(b)
of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
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(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.

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SEC. 416. TECHNICAL CORRECTIONS TO ANNUAL AUTHORIZATION FOR
PERSONNEL STRENGTHS.
Section 115 of title 10, United States Code, is amended—
(1) in subsection (b)(1)—
(A) in subparagraph (B), by striking ‘‘502(f)(2)’’ and in-
serting ‘‘502(f)(1)(B)’’; and
(B) in subparagraph (C), by striking ‘‘502(f)(2)’’ and in-
serting ‘‘502(f)(1)(B)’’; and
(2) in subsection (i)(7), by striking ‘‘502(f)(1)’’ and inserting
‘‘502(f)(1)(A)’’.
Subtitle C—Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby au-
thorized 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 per-
sonnel, as specified in the funding table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2017.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Reduction in number of general and flag officers on active duty and au-
thorized strength after December 31, 2022, of such general and flag offi-
cers.
Sec. 502. Repeal of statutory specification of general or flag officer grade for various
positions in the Armed Forces.
Sec. 503. Number of Marine Corps general officers.
Sec. 504. Promotion eligibility period for officers whose confirmation of appointment
is delayed due to nonavailability to the Senate of probative information
under control of non-Department of Defense agencies.
Sec. 505. Continuation of certain officers on active duty without regard to require-
ment for retirement for years of service.
Sec. 506. Equal consideration of officers for early retirement or discharge.
Sec. 507. Modification of authority to drop from rolls a commissioned officer.
Sec. 508. Extension of force management authorities allowing enhanced flexibility
for officer personnel management.
Sec. 509. Pilot programs on direct commissions to cyber positions.
Sec. 510. Length of joint duty assignments.
Sec. 510A. Revision of definitions used for joint officer management.
Subtitle B—Reserve Component Management
Sec. 511. Authority for temporary waiver of limitation on term of service of Vice
Chief of the National Guard Bureau.
Sec. 512. Rights and protections available to military technicians.
Sec. 513. Inapplicability of certain laws to National Guard technicians performing
active Guard and Reserve duty.
Sec. 514. Extension of removal of restrictions on the transfer of officers between the
active and inactive National Guard.
Sec. 515. Extension of temporary authority to use Air Force reserve component per-
sonnel to provide training and instruction regarding pilot training.
Sec. 516. Expansion of eligibility for deputy commander of combatant command
having United States among geographic area of responsibility to include
officers of the Reserves.
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Subtitle C—General Service Authorities

Sec. 521. Matters relating to provision of leave for members of the Armed Forces, in-
cluding prohibition on leave not expressly authorized by law.

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Sec. 522. Transfer of provision relating to expenses incurred in connection with
leave canceled due to contingency operations.
Sec. 523. Expansion of authority to execute certain military instruments.
Sec. 524. Medical examination before administrative separation for members with
post-traumatic stress disorder or traumatic brain injury in connection
with sexual assault.
Sec. 525. Reduction of tenure on the temporary disability retired list.
Sec. 526. Technical correction to voluntary separation pay and benefits.
Sec. 527. Consolidation of Army marketing and pilot program on consolidated Army
recruiting.
Subtitle D—Member Whistleblower Protections and Correction of Military Records
Sec. 531. Improvements to whistleblower protection procedures.
Sec. 532. Modification of whistleblower protection authorities to restrict contrary
findings of prohibited personnel action by the Secretary concerned.
Sec. 533. Availability of certain Correction of Military Records and Discharge Re-
view Board information through the Internet.
Sec. 534. Improvements to authorities and procedures for the correction of military
records.
Sec. 535. Treatment by discharge review boards of claims asserting post-traumatic
stress disorder or traumatic brain injury in connection with combat or
sexual trauma as a basis for review of discharge.
Sec. 536. Comptroller General of the United States review of integrity of Department
of Defense whistleblower program.
Subtitle E—Military Justice and Legal Assistance Matters
Sec. 541. United States Court of Appeals for the Armed Forces.
Sec. 542. Effective prosecution and defense in courts-martial and pilot programs on
professional military justice development for judge advocates.
Sec. 543. Inclusion in annual reports on sexual assault prevention and response ef-
forts of the Armed Forces of information on complaints of retaliation in
connection with reports of sexual assault in the Armed Forces.
Sec. 544. Extension of the requirement for annual report regarding sexual assaults
and coordination with release of Family Advocacy Program report.
Sec. 545. Metrics for evaluating the efforts of the Armed Forces to prevent and re-
spond to retaliation in connection with reports of sexual assault in the
Armed Forces.
Sec. 546. Training for Department of Defense personnel who investigate claims of re-
taliation.
Sec. 547. Notification to complainants of resolution of investigations into retaliation.
Sec. 548. Modification of definition of sexual harassment for purposes of investiga-
tions by commanding officers of complaints of harassment.
Sec. 549. Improved Department of Defense prevention of and response to hazing in
the Armed Forces.
Subtitle F—National Commission on Military, National, and Public Service
Sec. 551. Purpose, scope, and definitions.
Sec. 552. Preliminary report on purpose and utility of registration system under
Military Selective Service Act.
Sec. 553. National Commission on Military, National, and Public Service.
Sec. 554. Commission hearings and meetings.
Sec. 555. Principles and procedure for Commission recommendations.
Sec. 556. Executive Director and staff.
Sec. 557. Termination of Commission.
Subtitle G—Member Education, Training, Resilience, and Transition
Sec. 561. Modification of program to assist members of the Armed Forces in obtain-
ing professional credentials.
Sec. 562. Inclusion of alcohol, prescription drug, opioid, and other substance abuse
counseling as part of required preseparation counseling.
Sec. 563. Inclusion of information in Transition Assistance Program regarding effect
of receipt of both veteran disability compensation and voluntary separa-
tion pay.
Sec. 564. Training under Transition Assistance Program on career and employment
opportunities associated with transportation security cards.
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Sec. 565. Extension of suicide prevention and resilience program.

Sec. 566. Congressional notification in advance of appointments to service acad-
emies.

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Sec. 567. Report and guidance on Job Training, Employment Skills Training, Ap-
prenticeships, and Internships and SkillBridge initiatives for members
of the Armed Forces who are being separated.
Sec. 568. Military-to-mariner transition.
Subtitle H—Defense Dependents’ Education and Military Family Readiness Matters
Sec. 571. Continuation of authority to assist local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 572. One-year extension of authorities relating to the transition and support of
military dependent students to local educational agencies.
Sec. 573. Annual notice to members of the Armed Forces regarding child custody
protections guaranteed by the Servicemembers Civil Relief Act.
Sec. 574. Requirement for annual Family Advocacy Program report regarding child
abuse and domestic violence.
Sec. 575. Reporting on allegations of child abuse in military families and homes.
Sec. 576. Repeal of Advisory Council on Dependents’ Education.
Sec. 577. Support for programs providing camp experience for children of military
families.
Sec. 578. Comptroller General of the United States assessment and report on Excep-
tional Family Member Programs.
Sec. 579. Impact aid amendments.
Subtitle I—Decorations and Awards
Sec. 581. Posthumous advancement of Colonel George E. ‘‘Bud’’ Day, United States
Air Force, on the retired list.
Sec. 582. Authorization for award of medals for acts of valor during certain contin-
gency operations.
Sec. 583. Authorization for award of the Medal of Honor to Gary M. Rose and
James C. McCloughan for acts of valor during the Vietnam War.
Sec. 584. Authorization for award of Distinguished-Service Cross to First Lieutenant
Melvin M. Spruiell for acts of valor during World War II.
Sec. 585. Authorization for award of the Distinguished Service Cross to Chaplain
(First Lieutenant) Joseph Verbis LaFleur for acts of valor during World
War II.
Sec. 586. Review regarding award of Medal of Honor to certain Asian American and
Native American Pacific Islander war veterans.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Repeal of requirement for a chaplain at the United States Air Force Acad-
emy appointed by the President.
Sec. 592. Extension of limitation on reduction in number of military and civilian
personnel assigned to duty with service review agencies.
Sec. 593. Annual reports on progress of the Army and the Marine Corps in inte-
grating women into military occupational specialities and units recently
opened to women.
Sec. 594. Report on feasability of electronic tracking of operational active-duty serv-
ice performed by members of the Ready Reserve of the Armed Forces.
Sec. 595. Report on discharge by warrant officers of pilot and other flight officer po-
sitions in the Navy, Marine Corps, and Air Force currently discharged
by commissioned officers.
Sec. 596. Body mass index test.
Sec. 597. Report on career progression tracks of the Armed Forces for women in
combat arms units.

Subtitle A—Officer Personnel Policy

SEC. 501. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS
ON ACTIVE DUTY AND AUTHORIZED STRENGTH AFTER DE-
CEMBER 31, 2022, OF SUCH GENERAL AND FLAG OFFICERS.
(a) REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS BY
DECEMBER 31, 2022.—
(1) REQUIRED REDUCTION.—Except as otherwise provided
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by an Act enacted after the date of the enactment of this Act

that expressly modifies the requirements of this paragraph, by
not later than December 31, 2022, the Secretary of Defense shall

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reduce the number of general and flag officers on active duty

by 110 from the aggregate authorized number of general and
flag officers authorized by sections 525 and 526 of title 10,
United States Code, as of December 31, 2015.
(2) DISTRIBUTION OF AUTHORIZED POSITIONS.—Effective as
of December 31, 2022, and reflecting the reduction required by
paragraph (1), authorized general and flag officer positions
shall be distributed among the Army, Navy, Air Force, Marine
Corps, and joint pool as follows:
(A) The Army is authorized 220 positions in the gen-
eral officer grades.
(B) The Navy is authorized 151 positions in the flag of-
ficer grades.
(C) The Air Force is authorized 187 positions in the
general officer grades.
(D) The Marine Corps is authorized 62 positions in the
general officer grades.
(E) The joint pool is authorized 232 positions in the
general or flag officer grades, to be distributed as follows:
(i) 82 positions in the general officer grades from
the Army.
(ii) 60 positions in the flag officer grades from the
Navy.
(iii) 69 positions in the general officer grades from
the Air Force.
(iv) 21 positions in the general officer grades from
the Marine Corps.
(3) TEMPORARY ADDITIONAL JOINT POOL ALLOCATION.—In
addition to the positions authorized by paragraph (2), the 30
general and flag officer positions designated for overseas contin-
gency operations are authorized as an additional maximum
temporary allocation to the joint pool.
(b) PLAN TO ACHIEVE REQUIRED REDUCTION AND DISTRIBU-
TION.—
(1) PLAN REQUIRED.—Utilizing the study conducted under
subsection (c), the Secretary of Defense shall develop a plan to
achieve, by the date specified in subsection (a)(1)—
(A) the reduction required by such subsection in the
number of general and flag officers; and
(B) the distribution of authorized positions required by
subsection (a)(2).
(2) SUBMISSION OF PLAN.—When the budget for the Depart-
ment of Defense for fiscal year 2019 is submitted to Congress
pursuant to section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the plan developed under this subsection.
(3) PROGRESS REPORTS.—The Secretary of Defense shall in-
clude with the budget for the Department of Defense for each of
fiscal years 2020, 2021, and 2022 a report describing and as-
sessing the progress of the Secretary in implementing the plan
developed under this subsection.
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(c) STUDY FOR PURPOSES OF PLAN.—

(1) STUDY REQUIRED.—For purposes of complying with sub-
section (a) and preparing the plan required by subsection (b),

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 100

the Secretary of Defense shall conduct a comprehensive and de-

liberate global manpower study of requirements for general and
flag officers with the goal of identifying—
(A) the requirement justification for each general or
flag officer position in terms of overall force structure, scope
of responsibility, command and control requirements, and
force readiness and execution;
(B) an additional 10 percent reduction in the aggregate
number of authorized general officer and flag officer posi-
tions after the reductions required by subsection (a); and
(C) an appropriate redistribution of all general officer
and flag officer positions within the reductions so identi-
fied.
(2) SUBMISSION OF STUDY RESULTS.—Not later than April
1, 2017, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representa-
tives a report setting forth the results of the study conducted
under this subsection, including the justification for general
and flag officer position to be retained and the reductions iden-
tified by general and flag officer position.
(3) INTERIM REPORT.—If practicable before the date speci-
fied in paragraph (2), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives an interim report describing the progress
made toward the completion of the study under this subsection,
including—
(A) the specific general and flag officer positions that
have been evaluated;
(B) the results of that evaluation; and
(C) recommendations for achieving the additional 10
percent reduction in the aggregate number of authorized
general officer and flag officer positions to be identified
under paragraph (1)(C) and recommendations for redis-
tribution of general and flag officer positions that have
been developed to that point.
(d) EXCLUSIONS.—
(1) RELATED TO JOINT DUTY ASSIGNMENTS.—For purposes
of complying with subsection (a), the Secretary of Defense may
exclude—
(A) a general or flag officer released from a joint duty
assignment, but only during the 60-day period beginning
on the date the officer departs the joint duty assignment,
except that the Secretary may authorize the Secretary of a
military department to extend the 60-day period by an ad-
ditional 120 days, but not more than three officers on active
duty from each Armed Force may be covered by the addi-
tional extension at the same time; and
(B) the number of officers required to serve in joint
duty assignments for each Armed Force as authorized by
the Secretary under section 526a(b) of title 10, United
States Code, as added by subsection (h) of this section.
(2) RELATED TO RELIEF FROM CHIEF OF STAFF DUTY.—For
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purposes of complying with subsection (a), the Secretary of De-

fense may exclude an officer who continues to hold the grade of
general or admiral under section 601(b)(5) of title 10, United

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 101

States Code, after relief from the position of Chairman of the

Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, or Commandant of
the Marine Corps.
(3) RELATED TO RETIREMENT, SEPARATION, RELEASE, OR RE-
LIEF.—For purposes of complying with subsection (a), the Sec-
retary of Defense may exclude the following officers:
(A) An officer of an Armed Force in the grade of briga-
dier 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 begin-
ning on the date of the commencement of such leave of such
officer.
(B) An officer of an Armed Force who has been relieved
from a position designated under section 601(a) of title 10,
United States Code, or by law to carry one of the grades
specified in such section, but only during the 60-day period
beginning on the date on which the assignment of the offi-
cer to the first position is terminated or until the officer is
assigned to a second such position, whichever occurs first.
(e) SECRETARIAL AUTHORITY TO GRANT EXCEPTIONS TO LIMITA-
TIONS.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary of
Defense may alter the reduction otherwise required by sub-
section (a)(1) in the number of general and flag officer or the
distribution of authorized positions otherwise required by sub-
section (a)(2) in the interest of the national security of the
United States.
(2) NOTICE TO CONGRESS OF EXCEPTIONS.—Not later than
30 days after authorizing a number of general or flag officers
in excess of the number required as a result of the reduction re-
quired by subsection (a)(1) or altering the distribution of au-
thorized positions under subsection (a)(2), the Secretary of De-
fense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives written notice of such
exception, including a statement of the reason for such exception
and the anticipated duration of the exception.
(f) ORDERLY TRANSITION FOR OFFICERS RECENTLY ASSIGNED TO
POSITIONS TO BE ELIMINATED.—
(1) COVERED OFFICERS.—In order to provide an orderly
transition for personnel in general or flag officer positions to be
eliminated pursuant to the plan prepared under subsection (b),
any general or flag officer who has not completed, as of Decem-
ber 31, 2022, at least 24 months in a position to be eliminated
pursuant to the plan may remain in the position until the last
day of the month that is 24 months after the month in which
the officer assumed the duties of the position.
(2) REPORT TO CONGRESS ON COVERED OFFICERS.—The Sec-
retary of Defense shall include in the annual report required by
section 526(j) of title 10, United States Code, in 2020 a descrip-
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tion of the positions in which an officer will remain pursuant

to paragraph (1), including the latest date on which the officer
may remain in such position pursuant to that paragraph.

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 102

(3) NOTICE TO CONGRESS ON DETACHMENT OF COVERED OF-

FICERS.—The Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a notice on the date on which each officer covered
by paragraph (1) is detached from the officer’s position pursu-
ant to such paragraph.
(g) RELATION TO SUBSEQUENT GENERAL OR FLAG NOMINA-
TIONS.—
(1) NOTICE TO SENATE WITH NOMINATION.—In order to help
achieve the requirements of the plan required by subsection (b),
effective 30 days after the commencement of the implementation
of the plan, the Secretary of Defense shall include with each
nomination of an officer to a grade above colonel or captain (in
the case of the Navy) that is forwarded by the President to the
Senate for appointment, by and with the advice and consent of
the Senate, a certification to the Committee on Armed Services
of the Senate that the appointment of the officer to the grade
concerned will not interfere with achieving the reduction re-
quired by subsection (a)(1) in the number of general and flag
officer positions or the distribution of authorized positions re-
quired by subsection (a)(2).
(2) IMPLEMENTATION.—Not later than 120 days after the
date of the submission of the plan required by subsection (b),
the Secretary of Defense shall revise applicable guidance of the
Department of Defense on general and flag officer authoriza-
tions in order to ensure that—
(A) the achievement of the reductions required pursu-
ant to subsection (a) is incorporated into the planning for
the execution of promotions by the military departments
and for the joint pool;
(B) to the extent practicable, the resulting grades for
general and flag officer positions are uniformly applied to
positions of similar duties and responsibilities across the
military departments and the joint pool; and
(C) planning achieves a reduction in the headquarters
functions and administrative and support activities and
staffs of the Department of Defense and the military depart-
ments commensurate with the achievement of the reduc-
tions required pursuant to subsection (a).
(h) AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022, OF
GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.—
(1) IN GENERAL.—Chapter 32 of title 10, United States
Code, is amended by inserting after section 526 the following
new section:
‘‘§ 526a. Authorized strength after December 31, 2022: general
officers and flag officers on active duty
‘‘(a) LIMITATIONS.—The number of general officers on active
duty in the Army, Air Force, and Marine Corps, and the number of
flag officers on active duty in the Navy, after December 31, 2022,
may not exceed the number specified for the armed force concerned
as follows:
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‘‘(1) For the Army, 220.

‘‘(2) For the Navy, 151.
‘‘(3) For the Air Force, 187.

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 103

‘‘(4) For the Marine Corps, 62.

‘‘(b) LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary of Defense may designate
up to 232 general officer and flag officer positions that are joint
duty assignments for purposes of chapter 38 of this title for ex-
clusion from the limitations in subsection (a).
‘‘(2) MINIMUM NUMBER.—Unless the Secretary of Defense
determines that a lower number is in the best interest of the De-
partment of Defense, the minimum number of officers serving in
positions designated under paragraph (1) for each armed force
shall be as follows:
‘‘(A) For the Army, 75.
‘‘(B) For the Navy, 53.
‘‘(C) For the Air Force, 68.
‘‘(D) For the Marine Corps, 17.
‘‘(c) EXCLUSION OF CERTAIN OFFICERS PENDING SEPARATION OR
RETIREMENT OR BETWEEN SENIOR POSITIONS.—The limitations of
this section do not apply to—
‘‘(1) an officer of an armed force in the grade of brigadier
general or above or, in the case of the Navy, in the grade of rear
admiral (lower half) or above, who is on leave pending the re-
tirement, separation, or release of that officer from active duty,
but only during the 60-day period beginning on the date of the
commencement of such leave of such officer; or
‘‘(2) an officer of an armed force who has been relieved from
a position designated under section 601(a) of this title or by law
to carry one of the grades specified in such section, but only
during the 60-day period beginning on the date on which the
assignment of the officer to the first position is terminated or
until the officer is assigned to a second such position, whichever
occurs first.
‘‘(d) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM-
PORARY BILLETS.—
‘‘(1) IN GENERAL.—The limitations in subsection (a) do not
apply to a general officer or flag officer assigned to a temporary
joint duty assignment designated by the Secretary of Defense.
‘‘(2) DURATION OF EXCLUSION.—A general officer or flag of-
ficer assigned to a temporary joint duty assignment as de-
scribed in paragraph (1) may not be excluded under this sub-
section from the limitations in subsection (a) for a period of
longer than one year.
‘‘(e) EXCLUSION OF OFFICERS DEPARTING FROM JOINT DUTY AS-
SIGNMENTS.—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 Sec-
retary of a military department to extend the 60-day period by an
additional 120 days, except that not more than three officers on ac-
tive duty from each armed force may be covered by the additional
extension at the same time.
‘‘(f) ACTIVE-DUTY BASELINE.—
‘‘(1) NOTICE AND WAIT REQUIREMENTS.—If the Secretary of
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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

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 104

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 pro-
vides 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 ‘base-
line’ for an armed force means the lower of—
‘‘(A) the statutory limit of general officers or flag offi-
cers of that armed force under subsection (a); or
‘‘(B) the actual number of general officers or flag offi-
cers of that armed force who, as of January 1, 2023, count-
ed toward the statutory limit of general officers or flag offi-
cers of that armed force under subsection (a).
‘‘(g) JOINT DUTY ASSIGNMENT BASELINE.—
‘‘(1) NOTICE AND WAIT REQUIREMENT.—If the Secretary of
Defense, the Secretary of a military department, or the Chair-
man 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 ac-
tion 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 pro-
posed action, including the rationale for the action, to the Com-
mittees on Armed Services of the Senate and the House of Rep-
resentatives.
‘‘(2) BASELINE DEFINED.—In paragraph (1), the term ‘base-
line’ means the lower of—
‘‘(A) the statutory limit on general officer and flag offi-
cer positions that are joint duty assignments under sub-
section (b)(1); or
‘‘(B) the actual number of general officers and flag offi-
cers who, as of January 1, 2023, were in joint duty assign-
ments counted toward the statutory limit under subsection
(b)(1).
‘‘(h) ANNUAL REPORT.—Not later than March 1 each year, the
Secretary of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report speci-
fying 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 sub-
mitted, counted toward the service-specific limits of subsection
(a).
‘‘(2) The number of general officers and flag officers in joint
duty assignments who, as of such January 1, counted toward
the statutory limit under subsection (b)(1).’’.
(2) CONFORMING AMENDMENT.—Section 526 of title 10,
United States Code, is amended by adding at the end the fol-
lowing new subsection:
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‘‘(k) CESSATION OF APPLICABILITY.—The provisions of this sec-

tion shall not apply to number of general officers and flag officers
in the armed forces after December 31, 2022. For provisions applica-

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 105

ble to the number of such officers after that date, see section 526a
of this title.’’.
(3) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 32 of title 10, United States Code, is amend-
ed by inserting after the item relating to section 526 the fol-
lowing new item:
‘‘526a. Authorized strength after December 31, 2022: general officers and flag officers
on active duty.’’.
SEC. 502. REPEAL OF STATUTORY SPECIFICATION OF GENERAL OR
FLAG OFFICER GRADE FOR VARIOUS POSITIONS IN THE
ARMED FORCES.
(a) ASSISTANTS TO CJCS FOR NG MATTERS AND RESERVE MAT-
TERS.—
(1) IN GENERAL.—Section 155a of title 10, United States
Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning 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.—Sec-
tion 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 be-
ginning 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 be-
ginning 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 be-
ginning 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.
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(2) CLERICAL AMENDMENT.—The table of sections at the be-

ginning of chapter 43 of such title is amended by striking the
item relating to section 744.

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 106

(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 fol-
lowing paragraph (2)—
(1) by striking the first sentence; and
(2) in the second sentence, by striking ‘‘, and while so serv-
ing, 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 be-
ginning 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 sec-
tion is amended to read as follows:
‘‘§ 3070. Army Medical Specialist Corps: organization; Chief’’.
(3) CLERICAL AMENDMENT.—The table of sections at the be-
ginning 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 sec-
tion is amended to read as follows:
‘‘§ 3084. Chief of Veterinary Corps’’.
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(3) CLERICAL AMENDMENT.—The table of sections at the be-

ginning of chapter 307 of such title is amended by striking the

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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 be-
ginning 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 be-
ginning 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 sec-
tion is amended to read as follows:
‘‘§ 5141. Chief of Naval Personnel; Deputy Chief of Naval Per-
sonnel’’.
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(3) CLERICAL AMENDMENT.—The table of sections at the be-

ginning of chapter 513 of such title is amended by striking the

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item relating to section 5141 and inserting the following new

item:
‘‘5141. Chief of Naval Personnel; Deputy Chief of Naval Personnel.’’.
(cc) CHIEF OF CHAPLAINS OF THE NAVY.—Section 5142 of title
10, United States Code, is amended by striking subsection (e).
(dd) CHIEF OF NAVY RESERVE.—Section 5143(c) of title 10,
United States Code, is amended—
(1) in the subsection heading, by striking ‘‘; GRADE’’;
(2) by striking ‘‘(1)’’; and
(3) by striking paragraph (2).
(ee) COMMANDER, MARINE FORCES RESERVE.—Section 5144(c)
of title 10, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘; GRADE’’;
(2) by striking ‘‘(1)’’; and
(3) by striking paragraph (2).
(ff) JUDGE ADVOCATE GENERAL OF THE NAVY.—Section 5148(b)
of title 10, United States Code, is amended by striking the last sen-
tence.
(gg) DEPUTY AND ASSISTANT JUDGE ADVOCATES GENERAL OF
THE NAVY.—Section 5149 of title 10, United States Code, is amend-
ed—
(1) in subsection (a)(1)—
(A) in the first sentence, by striking ‘‘, by and with the
advice and consent of the Senate,’’; and
(B) by striking the second sentence; and
(2) in each of subsections (b) and (c), by striking the second
and last sentences.
(hh) CHIEFS OF STAFF CORPS OF THE NAVY.—Section 5150 of
title 10, United States Code, is amended—
(1) in subsection (b)(2), by striking ‘‘Subject to subsection
(c), the Secretary’’ and inserting ‘‘The Secretary’’; and
(2) by striking subsection (c).
(ii) PRINCIPAL MILITARY DEPUTY TO ASSISTANT SECRETARY OF
THE AIR FORCE FOR ACQUISITION.—Section 8016(b)(4)(B) of title 10,
United States Code, is amended by striking ‘‘a lieutenant general’’
and inserting ‘‘an officer’’.
(jj) CHIEF OF LEGISLATIVE LIAISON OF THE AIR FORCE.—Section
8023(a) of title 10, United States Code, is amended by striking the
second sentence.
(kk) JUDGE ADVOCATE GENERAL AND DEPUTY JUDGE ADVOCATE
GENERAL OF THE AIR FORCE.—Section 8037 of title 10, United
States Code, is amended—
(1) in subsection (a), by striking the last sentence; and
(2) in subsection (d)(1), by striking the last sentence.
(ll) CHIEF OF THE AIR FORCE RESERVE.—Section 8038(c) of title
10, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘; GRADE’’;
(2) by striking ‘‘(1)’’; and
(3) by striking paragraph (2).
(mm) CHIEF OF CHAPLAINS OF THE AIR FORCE.—Section 8039
of title 10, United States Code, is amended—
(1) in subsection (a)(1)—
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(A) by striking subparagraph (A); and

(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and

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(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 ‘‘POSI-
TIONS 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 sec-
tion is amended to read as follows:
‘‘§ 8069. Air Force nurses: Chief; appointment’’.
(3) CLERICAL AMENDMENT.—The table of sections at the be-
ginning 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 be-
ginning of chapter 843 of such title is amended by striking the
item relating to section 8543.
(qq) DEAN OF FACULTY OF THE AIR FORCE ACADEMY.—Section
9335(b) of title 10, United States Code, is amended by striking the
first and third sentences.
(rr) VICE CHIEF OF THE NATIONAL GUARD BUREAU.—Section
10505(a) of title 10, United States Code, is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (C), by adding ‘‘and’’ at the end;
(B) in subparagraph (D), by striking ‘‘; and’’ at the end
and inserting a period; and
(C) by striking subparagraph (E); and
(2) by striking subsection (c).
(ss) OTHER SENIOR NATIONAL GUARD BUREAU OFFICERS.—Sec-
tion 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 gen-
eral while so serving,’’.
SEC. 503. NUMBER OF MARINE CORPS GENERAL OFFICERS.
(a) DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY
IN GENERAL OFFICER AND FLAG OFFICER GRADES.—Section
525(a)(4) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘15’’ and inserting
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‘‘17’’; and
(2) in subparagraph (C), by striking ‘‘23’’ and inserting
‘‘22’’.

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(b) GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.—Section

526(a)(4) of such title is amended by striking ‘‘61’’ and inserting
‘‘62’’.
(c) DEPUTY COMMANDANTS.—Section 5045 of such title is
amended by striking ‘‘six’’ and inserting ‘‘seven’’.
SEC. 504. PROMOTION ELIGIBILITY PERIOD FOR OFFICERS WHOSE
CONFIRMATION OF APPOINTMENT IS DELAYED DUE TO
NONAVAILABILITY TO THE SENATE OF PROBATIVE INFOR-
MATION UNDER CONTROL OF NON-DEPARTMENT OF DE-
FENSE 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 para-
graph (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 con-
trol of a department or agency of the Federal Government other
than the Department of Defense.’’.
SEC. 505. CONTINUATION OF CERTAIN OFFICERS ON ACTIVE DUTY
WITHOUT REGARD TO REQUIREMENT FOR RETIREMENT
FOR YEARS OF SERVICE.
(a) AUTHORITY FOR CONTINUATION ON ACTIVE DUTY.—
(1) IN GENERAL.—Subchapter IV of chapter 36 of title 10,
United States Code, is amended by inserting after section 637
the following new section:
‘‘§ 637a. Continuation on active duty: officers in certain mili-
tary 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 re-
tirement 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 de-
partment shall designate the military specialties in which a military
occupational specialty, rating, or specialty code, as applicable, as-
signed 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 ac-
tive duty pursuant to this section shall, if not earlier retired, be re-
tired on the first day of the month after the month in which the offi-
cer completes 40 years of active service.
‘‘(d) REGULATIONS.—The Secretaries of the military depart-
ments 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 be-
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ginning of subchapter IV of chapter 36 of title 10, United States

Code, is amended by inserting after the item relating to section
637 the following new item:

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 111
‘‘637a. Continuation on active duty: officers in certain military specialties and career
tracks.’’.
(b) CONFORMING AMENDMENTS.—The following provisions of
title 10, United States Code, are amended by inserting ‘‘or 637a’’
after ‘‘637(b)’’:
(1) Section 633(a).
(2) Section 634(a).
(3) Section 635.
(4) Section 636(a).
SEC. 506. EQUAL CONSIDERATION OF OFFICERS FOR EARLY RETIRE-
MENT OR DISCHARGE.
Section 638a of title 10, United States Code, is amended—
(1) in subsection (b), by adding at the end the following
new paragraph:
‘‘(4) Convening selection boards under section 611(b) of this
title to consider for early retirement or discharge regular offi-
cers on the active-duty list in a grade below lieutenant colonel
or commander—
‘‘(A) who have served at least one year of active duty
in the grade currently held; and
‘‘(B) whose names are not on a list of officers rec-
ommended for promotion.’’;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e)(1) In the case of action under subsection (b)(4), the Sec-
retary of the military department concerned shall specify the total
number of officers described in that subsection that a selection
board convened under section 611(b) of this title pursuant to the au-
thority of that subsection may recommend for early retirement or
discharge. Officers who are eligible, or are within two years of be-
coming eligible, to be retired under any provision of law (other than
by reason of eligibility pursuant to section 4403 of the National De-
fense Authorization Act for Fiscal Year 1993 (Public Law 102–484)),
if selected by the board, shall be retired or retained until becoming
eligible to retire under section 3911, 6323, or 8911 of this title, and
those officers who are otherwise ineligible to retire under any provi-
sion of law shall, if selected by the board, be discharged.
‘‘(2) In the case of action under subsection (b)(4), the Secretary
of the military department concerned may submit to a selection
board convened pursuant to that subsection—
‘‘(A) the names of all eligible officers described in that sub-
section, whether or not they are eligible to be retired under any
provision of law, in a particular grade and competitive cat-
egory; or
‘‘(B) the names of all eligible officers described in that sub-
section in a particular grade and competitive category, whether
or not they are eligible to be retired under any provision of law,
who are also in particular year groups, specialties, or retire-
ment categories, or any combination thereof, with that competi-
tive category.
‘‘(3) The number of officers specified under paragraph (1) may
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not be more than 30 percent of the number of officers considered.

‘‘(4) An officer who is recommended for discharge by a selection
board convened pursuant to the authority of subsection (b)(4) and

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 112

whose discharge is approved by the Secretary concerned shall be

discharged on a date specified by the Secretary concerned.
‘‘(5) Selection of officers for discharge under this subsection
shall be based on the needs of the service.’’.
SEC. 507. MODIFICATION OF AUTHORITY TO DROP FROM ROLLS A
COMMISSIONED OFFICER.
Section 1161(b) of title 10, United States Code, is amended by
inserting ‘‘or the Secretary of Defense, or in the case of a commis-
sioned officer of the Coast Guard, the Secretary of the department
in which the Coast Guard is operating when it is not operating in
the Navy,’’ after ‘‘President’’.
SEC. 508. EXTENSION OF FORCE MANAGEMENT AUTHORITIES ALLOW-
ING 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 ‘‘De-
cember 31, 2025’’.
(d) SERVICE-IN-GRADE WAIVERS.—Section 1370(a)(2)(F) of such
title is amended by striking ‘‘2018’’ and inserting ‘‘2025’’.
SEC. 509. PILOT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSI-
TIONS.
(a) PILOT PROGRAMS AUTHORIZED.—Each Secretary of a mili-
tary department may carry out a pilot program to improve the abil-
ity of an Armed Force under the jurisdiction of the Secretary to re-
cruit cyber professionals.
(b) ELEMENTS.—Under a pilot program established under this
section, an individual who meets educational, physical, and other
requirements determined appropriate by the Secretary of the mili-
tary department concerned may receive an original appointment as
a commissioned officer in a cyber specialty.
(c) CONSULTATION.—In developing a pilot program for the Army
or the Air Force under this section, the Secretary of the Army and
the Secretary of the Air Force may consult with the Secretary of the
Navy with respect to an existing, similar program carried out by the
Secretary of the Navy.
(d) DURATION.—
(1) COMMENCEMENT.—The Secretary of a military depart-
ment may commence a pilot program under this section on or
after January 1, 2017.
(2) TERMINATION.—All pilot programs under this section
shall terminate no later than December 31, 2022.
(e) STATUS REPORT.—Not later than January 1, 2020, each Sec-
retary of a military department who conducts a pilot program under
this section shall submit to the Committees on Armed Services of the
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Senate and the House of Representatives a report containing an

evaluation of the success of the program in obtaining skilled cyber
personnel for the Armed Forces.

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 113
SEC. 510. LENGTH OF JOINT DUTY ASSIGNMENTS.
(a) IN GENERAL.—Subsection (a) of section 664 of title 10,
United States Code, is amended by striking ‘‘assignment—’’ and all
that follows and inserting ‘‘assignment shall be not less than two
years.’’.
(b) REPEAL OF AUTHORITY FOR SHORTER LENGTH FOR OFFICERS
INITIALLY ASSIGNED TO CRITICAL OCCUPATIONAL SPECIALTIES.—
Such section is further amended by striking subsection (c).
(c) EXCLUSIONS FROM TOUR LENGTH.—Subsection (d) of such
section is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘the
standards prescribed in subsection (a)’’ and inserting ‘‘the re-
quirement in subsection (a)’’;
(2) in paragraph (1)(D), by striking ‘‘assignment—’’ and all
that follows and inserting ‘‘assignment as prescribed by the Sec-
retary 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 para-
graphs (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), re-
spectively;
(2) in paragraph (2) of subsection (c), as so redesignated
and amended, by striking ‘‘subsection (f)(3)’’ and inserting ‘‘sub-
section (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
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(5) in subsection (f), as so redesignated and amended, by

striking ‘‘paragraphs (1), (2), and (4) of subsection (f)’’ and in-
serting ‘‘subsection (d)(1)’’.

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 114
SEC. 510A. REVISION OF DEFINITIONS USED FOR JOINT OFFICER MAN-
AGEMENT.
(a) DEFINITION OF JOINT MATTERS.—Paragraph (1) of section
668(a) of title 10, United States Code, is amended to read as fol-
lows:
‘‘(1) In this chapter, the term ‘joint matters’ means matters re-
lated to any of the following:
‘‘(A) The development or achievement of strategic objectives
through the synchronization, coordination, and organization of
integrated forces in operations conducted across domains, such
as land, sea, or air, in space, or in the information environ-
ment, including matters relating to any of the following:
‘‘(i) National military strategy.
‘‘(ii) Strategic planning and contingency planning.
‘‘(iii) Command and control, intelligence, fires, move-
ment and maneuver, protection or sustainment of oper-
ations under unified command.
‘‘(iv) National security planning with other depart-
ments and agencies of the United States.
‘‘(v) Combined operations with military forces of allied
nations.
‘‘(B) Acquisition matters conducted by members of the
armed forces and covered under chapter 87 of this title involved
in developing, testing, contracting, producing, or fielding of
multi-service programs or systems.
‘‘(C) Other matters designated in regulation by the Sec-
retary of Defense in consultation with the Chairman of the
Joint Chiefs of Staff.’’.
(b) DEFINITION OF INTEGRATED FORCES.—Section 668(a)(2) of
title 10, United States Code, is amended in the matter preceding
subparagraph (A)—
(1) by striking ‘‘integrated military forces’’ and inserting
‘‘integrated forces’’; and
(2) by striking ‘‘the planning or execution (or both) of oper-
ations involving’’ and inserting ‘‘achieving unified action with’’.
(c) DEFINITION OF JOINT DUTY ASSIGNMENT.—Section 668(b)(1)
of title 10, United States Code, is amended by striking subpara-
graph (A) and inserting the following new subparagraph:
‘‘(A) shall be limited to assignments in which—
‘‘(i) the preponderance of the duties of the officer in-
volve joint matters and
‘‘(ii) the officer gains significant experience in joint
matters; and’’.
(d) REPEAL OF DEFINITION OF CRITICAL OCCUPATIONAL SPE-
CIALITY.—Section 668 of title 10, United States Code, is amended by
striking subsection (d).
Subtitle B—Reserve Component Management
SEC. 511. AUTHORITY FOR TEMPORARY WAIVER OF LIMITATION ON
TERM OF SERVICE OF VICE CHIEF OF THE NATIONAL
GUARD BUREAU.
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Section 10505(a)(4) of title 10, United States Code, is amended

by striking ‘‘paragraph (3)(B) for a limited period of time’’ and in-
serting ‘‘paragraph (3) for not more than 90 days’’.

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 115
SEC. 512. RIGHTS AND PROTECTIONS AVAILABLE TO MILITARY TECH-
NICIANS.
(a) IN GENERAL.—Section 709 of title 32, United States Code,
is amended—
(1) in subsection (f)—
(A) in paragraph (4), by striking ‘‘; and’’ and inserting
‘‘when the appeal concerns activity occurring while the
member is in a military pay status, or concerns fitness for
duty in the reserve components;’’;
(B) by redesignating paragraph (5) as paragraph (6);
and
(C) by inserting after paragraph (4) the following new
paragraph (5):
‘‘(5) with respect to an appeal concerning any activity not
covered by paragraph (4), the provisions of sections 7511, 7512,
and 7513 of title 5, and section 717 of the Civil Rights Act of
1991 (42 U.S.C. 2000e–16) shall apply; and’’; and
(2) in subsection (g), by striking ‘‘Sections’’ and inserting
‘‘Except as provided in subsection (f), sections’’.
(b) DEFINITIONS.—Section 709 of title 32, United States Code,
is further amended by adding at the end the following new sub-
section:
‘‘(j) In this section:
‘‘(1) The term ‘military pay status’ means a period of service
where the amount of pay payable to a technician for that service
is based on rates of military pay provided for under title 37.
‘‘(2) The term ‘fitness for duty in the reserve components’ re-
fers only to military-unique service requirements that attend to
military service generally, including service in the reserve com-
ponents or service on active duty.’’.
(c) CONFORMING AMENDMENT.—Section 7511 of title 5, United
States Code, is amended by striking paragraph (5).
SEC. 513. INAPPLICABILITY OF CERTAIN LAWS TO NATIONAL GUARD
TECHNICIANS PERFORMING ACTIVE GUARD AND RE-
SERVE DUTY.
Section 709(g) of title 32, United States Code, as amended by
section 512(a)(2), is further amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In addition to the sections referred to in paragraph (1), sec-
tion 6323(a)(1) of title 5 also does not apply to a person employed
under this section who is performing active Guard and Reserve duty
(as that term is defined in section 101(d)(6) of title 10).’’.
SEC. 514. EXTENSION OF REMOVAL OF RESTRICTIONS ON THE TRANS-
FER OF OFFICERS BETWEEN THE ACTIVE AND INACTIVE
NATIONAL GUARD.
Section 512 of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113–66; 127 Stat. 752; 32 U.S.C. prec. 301
note) is amended—
(1) in subsection (a) in the matter preceding paragraph (1),
by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31,
2019’’; and
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(2) in subsection (b) in the matter preceding paragraph (1),

by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31,
2019’’.

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SEC. 515. EXTENSION OF TEMPORARY AUTHORITY TO USE AIR FORCE
RESERVE COMPONENT PERSONNEL TO PROVIDE TRAIN-
ING AND INSTRUCTION REGARDING PILOT TRAINING.
Section 514(a)(1) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 810) is amended
by inserting ‘‘and fiscal year 2017’’ after ‘‘During fiscal year 2016’’.
SEC. 516. EXPANSION OF ELIGIBILITY FOR DEPUTY COMMANDER OF
COMBATANT COMMAND HAVING UNITED STATES AMONG
GEOGRAPHIC AREA OF RESPONSIBILITY TO INCLUDE OF-
FICERS OF THE RESERVES.
Section 164(e)(4) of title 10, United States Code, is amended—
(1) by striking ‘‘the National Guard’’ and inserting ‘‘a re-
serve component of the armed forces’’; and
(2) by striking ‘‘a National Guard officer’’ and inserting ‘‘a
reserve component officer’’.
Subtitle C—General Service Authorities
SEC. 521. MATTERS RELATING TO PROVISION OF LEAVE FOR MEMBERS
OF THE ARMED FORCES, INCLUDING PROHIBITION ON
LEAVE NOT EXPRESSLY AUTHORIZED BY LAW.
(a) PRIMARY AND SECONDARY CAREGIVER LEAVE.—Section 701
of title 10, United States Code, is amended—
(1) by striking subsections (i) and (j); and
(2) by inserting after subsection (h) the following new sub-
sections (i) and (j):
‘‘(i)(1)(A) Under regulations prescribed by the Secretary of De-
fense, a member of the armed forces described in paragraph (2) who
is the primary caregiver in the case of the birth of a child is allowed
up to twelve weeks of total leave, including up to six weeks of med-
ical convalescent leave, to be used in connection with such birth.
‘‘(B) Under the regulations prescribed for purposes of this sub-
section, a member of the armed forces described in paragraph (2)
who is the primary caregiver in the case of the adoption of a child
is allowed up to six weeks of total leave to be used in connection
with such adoption.
‘‘(2) Paragraph (1) applies to the following members:
‘‘(A) A member on active duty.
‘‘(B) A member of a reserve component performing active
Guard and Reserve duty.
‘‘(C) A member of a reserve component subject to an active
duty recall or mobilization order in excess of 12 months.
‘‘(3) The Secretary shall prescribe in the regulations referred to
in paragraph (1) a definition of the term ‘primary caregiver’ for pur-
poses of this subsection.
‘‘(4) Notwithstanding paragraph (1)(A), a member may receive
more than six weeks of medical convalescent leave in connection
with the birth of a child, but only if the additional medical con-
valescent leave—
‘‘(A) is specifically recommended, in writing, by the medical
provider of the member to address a diagnosed medical condi-
tion; and
‘‘(B) is approved by the commander of the member.
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‘‘(5) Any leave taken by a member under this subsection, includ-

ing leave under paragraphs (1) and (4), may be taken only in one
increment in connection with such birth or adoption.

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‘‘(6)(A) Any leave authorized by this subsection that is not taken

within one year of such birth or adoption shall be forfeited.
‘‘(B) Any leave authorized by this subsection for a member of a
reserve component on active duty that is not taken by the time the
member is separated from active duty shall be forfeited at that time.
‘‘(7) The period of active duty of a member of a reserve compo-
nent may not be extended in order to permit the member to take
leave authorized by this subsection.
‘‘(8) Under the regulations prescribed for purposes of this sub-
section, a member taking leave under paragraph (1) may, as a con-
dition 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 addi-
tion to any other leave provided under other provisions of this sub-
section.
‘‘(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 ap-
plicability of subparagraph (A) to a member who reenlists at the
end of the member’s period of obligated service described in that
subparagraph if the Secretary determines that the waiver is in the
interests of the armed force concerned.
‘‘(j)(1) Under regulations prescribed by the Secretary of Defense,
a member of the armed forces described in subsection (i)(2) who is
the secondary caregiver in the case of the birth of a child or the
adoption of a child is allowed up to 21 days of leave to be used in
connection with such birth or adoption.
‘‘(2) The Secretary shall prescribe in the regulations referred to
in paragraph (1) a definition of the term ‘secondary caregiver’ for
purposes of this subsection.
‘‘(3) Any leave taken by a member under this subsection may be
taken only in one increment in connection with such birth or adop-
tion.
‘‘(4) Under the regulations prescribed for purposes of this sub-
section, 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
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new section:

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‘‘§ 704a. Administration of leave: prohibition on authorizing,

granting, or assigning leave not expressly author-
ized by law
‘‘No member or category of members of the armed forces may be
authorized, granted, or assigned leave, including uncharged leave,
not expressly authorized by a provision of this chapter or another
statute unless expressly authorized by an Act of Congress enacted
after the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2017.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 40 of title 10, United States Code, is amend-
ed by inserting after the item relating to section 704 the fol-
lowing new item:
‘‘704a. Administration of leave: prohibition on authorizing, granting, or assigning
leave not expressly authorized by law.’’.
SEC. 522. TRANSFER OF PROVISION RELATING TO EXPENSES IN-
CURRED IN CONNECTION WITH LEAVE CANCELED DUE TO
CONTINGENCY OPERATIONS.
(a) ENACTMENT IN TITLE 10, UNITED STATES CODE, OF AU-
THORITY 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 re-
sult of the cancellation of previously approved leave when—
‘‘(1) the leave is canceled in connection with the member’s
participation in a contingency operation; and
‘‘(2) the cancellation occurs within 48 hours of the time the
leave would have commenced.
‘‘(b) REGULATIONS.—The Secretary of Defense and, in the case
of the Coast Guard when it is not operating as a service in the
Navy, the Secretary of Homeland Security shall prescribe regula-
tions 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 con-
clusive.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 oper-
ations: reimbursement.’’.
(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 453 of title
37, United States Code, is amended by striking subsection (g).
SEC. 523. EXPANSION OF AUTHORITY TO EXECUTE CERTAIN MILITARY
INSTRUMENTS.
(a) EXPANSION OF AUTHORITY TO EXECUTE MILITARY TESTA-
MENTARY INSTRUMENTS.—Section 1044d(c) of title 10, United States
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Code, is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) the execution of the instrument is notarized by—

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‘‘(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 de-
partment or the Coast Guard who is supervised by a mili-
tary legal assistance counsel;’’; and
(2) in paragraph (3), by striking ‘‘presiding attorney’’ and
inserting ‘‘person notarizing the instrument in accordance with
paragraph (2)’’.
(b) EXPANSION OF AUTHORITY TO NOTARIZE DOCUMENTS TO CI-
VILIANS SERVING IN MILITARY LEGAL ASSISTANCE OFFICES.—Sec-
tion 1044a(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(6) All civilian paralegals serving at military legal assist-
ance offices, supervised by a military legal assistance counsel
(as defined in section 1044d(g) of this title).’’.
SEC. 524. MEDICAL EXAMINATION BEFORE ADMINISTRATIVE SEPARA-
TION FOR MEMBERS WITH POST-TRAUMATIC STRESS DIS-
ORDER OR TRAUMATIC BRAIN INJURY IN CONNECTION
WITH SEXUAL ASSAULT.
Section 1177(a)(1) of title 10, United States Code, is amended—
(1) by inserting ‘‘, or sexually assaulted,’’ after ‘‘deployed
overseas in support of a contingency operation’’; and
(2) by inserting ‘‘or based on such sexual assault,’’ after
‘‘while deployed,’’.
SEC. 525. REDUCTION OF TENURE ON THE TEMPORARY DISABILITY
RETIRED LIST.
(a) REDUCTION OF TENURE.—Section 1210 of title 10, United
States Code, is amended—
(1) in subsection (b), by striking ‘‘five years’’ and inserting
‘‘three years’’; and
(2) in subsection (h), by striking ‘‘five years’’ and inserting
‘‘three years’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
shall take effect on January 1, 2017, and shall apply to members
of the Armed Forces whose names are placed on the temporary dis-
ability retired list on or after that date.
SEC. 526. TECHNICAL CORRECTION TO VOLUNTARY SEPARATION PAY
AND BENEFITS.
Section 1175a(j) of title 10, United States Code, is amended—
(1) in paragraph (2)—
(A) by striking ‘‘or 12304’’ and inserting ‘‘12304,
12304a, or 12304b’’; and
(B) by striking ‘‘502(f)(1)’’ and inserting ‘‘502(f)(1)(A)’’;
and
(2) in paragraph (3), by striking ‘‘502(f)(2)’’ and inserting
‘‘502(f)(1)(B)’’.
SEC. 527. CONSOLIDATION OF ARMY MARKETING AND PILOT PROGRAM
ON CONSOLIDATED ARMY RECRUITING.
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(a) CONSOLIDATION OF ARMY MARKETING.—Not later than Octo-

ber 1, 2017, the Secretary of the Army shall consolidate into a single
organization within the Department of the Army all functions relat-

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 120

ing to the marketing of the Army and each of the components of the
Army in order to assure unity of effort and cost effectiveness in the
marketing of the Army and each of the components of the Army.
(b) PILOT PROGRAM ON CONSOLIDATED ARMY RECRUITING.—
(1) PILOT PROGRAM REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of the
Army shall carry out a pilot program to consolidate the recruit-
ing efforts of the Regular Army, Army Reserve, and Army Na-
tional Guard under which a recruiter in one of the components
participating in the pilot program may recruit individuals to
enlist in any of the components regardless of the funding source
of the recruiting activity.
(2) CREDIT TOWARD ENLISTMENT GOALS.—Under the pilot
program, a recruiter shall receive credit toward periodic enlist-
ment goals for each enlistment regardless of the component in
which the individual enlists.
(3) DURATION.—The Secretary shall carry out the pilot pro-
gram for a period of not less than three years.
(c) BRIEFING AND REPORTS.—
(1) BRIEFING ON CONSOLIDATION PLAN.—Not later than
March 1, 2017, the Secretary of the Army shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the Secretary’s plan to carry out
the Army marketing consolidation required by subsection (a).
(2) INTERIM REPORT ON PILOT PROGRAM.—
(A) IN GENERAL.—Not later than one year after the
date on which the pilot program under subsection (b) com-
mences, the Secretary shall submit to the congressional
committees specified in paragraph (1) a report on the pilot
program.
(B) ELEMENTS.—The report under subparagraph (A)
shall include each of the following:
(i) An analysis of the effects that consolidated re-
cruiting efforts has on the overall ability of recruiters
to attract and place qualified candidates.
(ii) A determination of the extent to which consoli-
dating recruiting efforts affects efficiency and recruit-
ing costs.
(iii) An analysis of any challenges associated with
a recruiter working to recruit individuals to enlist in a
component in which the recruiter has not served.
(iv) An analysis of the satisfaction of recruiters
and the component recruiting commands with the pilot
program.
(3) FINAL REPORT ON PILOT PROGRAM.—Not later than 180
days after the date on which the pilot program is completed, the
Secretary shall submit to the congressional committees specified
in paragraph (1) a final report on the pilot program. The final
report shall include any recommendations of the Secretary with
respect to extending or making permanent the pilot program
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and a description of any related legislative actions that the Sec-

retary considers appropriate.

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 121

Subtitle D—Member Whistleblower Protections and

Correction of Military Records
SEC. 531. IMPROVEMENTS TO WHISTLEBLOWER PROTECTION PROCE-
DURES.
(a) ACTIONS TREATABLE AS PROHIBITED PERSONNEL ACTIONS.—
Paragraph (2) of section 1034(b) of title 10, United States Code, is
amended to read as follows:
‘‘(2)(A) The actions considered for purposes of this section to be
a personnel action prohibited by this subsection shall include any
action prohibited by paragraph (1), including any of the following:
‘‘(i) The threat to take any unfavorable action.
‘‘(ii) The withholding, or threat to withhold, any favorable
action.
‘‘(iii) The making of, or threat to make, a significant change
in the duties or responsibilities of a member of the armed forces
not commensurate with the member’s grade.
‘‘(iv) The failure of a superior to respond to any retaliatory
action or harassment (of which the superior had actual knowl-
edge) taken by one or more subordinates against a member.
‘‘(v) The conducting of a retaliatory investigation of a mem-
ber.
‘‘(B) In this paragraph, the term ‘retaliatory investigation’
means an investigation requested, directed, initiated, or conducted
for the primary purpose of punishing, harassing, or ostracizing a
member of the armed forces for making a protected communication.
‘‘(C) Nothing in this paragraph shall be construed to limit the
ability of a commander to consult with a superior in the chain of
command, an inspector general, or a judge advocate general on the
disposition of a complaint against a member of the armed forces for
an allegation of collateral misconduct or for a matter unrelated to
a protected communication. Such consultation shall provide an af-
firmative defense against an allegation that a member requested, di-
rected, initiated, or conducted a retaliatory investigation under this
section.’’.
(b) ACTION IN RESPONSE TO HARDSHIP IN CONNECTION WITH
PERSONNEL ACTIONS.—Section 1034 of title 10, United States Code,
is amended—
(1) in subsection (c)(4)—
(A) by redesignating subparagraph (E) as subpara-
graph (F); and
(B) by inserting after subparagraph (D) the following
new subparagraph (E):
‘‘(E) If the Inspector General makes a preliminary determina-
tion in an investigation under subparagraph (D) that, more likely
than not, a personnel action prohibited by subsection (b) has oc-
curred and the personnel action will result in an immediate hard-
ship to the member alleging the personnel action, the Inspector Gen-
eral shall promptly notify the Secretary of the military department
concerned or the Secretary of Homeland Security, as applicable, of
the hardship, and such Secretary shall take such action as such
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Secretary considers appropriate.’’; and

(2) in subsection (e)(1), by striking ‘‘subsection (c)(4)(E)’’
and inserting ‘‘subsection (c)(4)(F)’’.

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 122

(c) PERIODIC NOTICE TO MEMBERS ON PROGRESS OF INSPECTOR

GENERAL INVESTIGATIONS.—Paragraph (3) of section 1034(e) of title
10, United States Code, is amended to read as follows:
‘‘(3)(A) Not later than 180 days after the commencement of an
investigation of an allegation under subsection (c)(4), and every 180
days thereafter until the transmission of the report on the investiga-
tion under paragraph (1) to the member concerned, the Inspector
General conducting the investigation shall submit a notice on the
investigation described in subparagraph (B) to the following:
‘‘(i) The member.
‘‘(ii) The Secretary of Defense.
‘‘(iii) The Secretary of the military department concerned,
or the Secretary of Homeland Security in the case of a member
of the Coast Guard when the Coast Guard is not operating as
a service in the Navy.
‘‘(B) Each notice on an investigation under subparagraph (A)
shall include the following:
‘‘(i) A description of the current progress of the investiga-
tion.
‘‘(ii) An estimate of the time remaining until the completion
of the investigation and the transmittal of the report required
by paragraph (1) to the member concerned.’’.
(d) CORRECTION OF RECORDS.—Paragraph (2) of section 1034(g)
of title 10, United States Code, is amended to read as follows:
‘‘(2) In resolving an application described in paragraph (1) for
which there is a report of the Inspector General under subsection
(e)(1), a correction board—
‘‘(A) shall review the report of the Inspector General;
‘‘(B) may request the Inspector General to gather further
evidence;
‘‘(C) may receive oral argument, examine and cross-examine
witnesses, and take depositions; and
‘‘(D) shall consider a request by a member or former mem-
ber in determining whether to hold an evidentiary hearing.’’.
(e) UNIFORM STANDARDS FOR INSPECTOR GENERAL INVESTIGA-
TIONS OF PROHIBITED PERSONNEL ACTIONS AND OTHER MATTERS.—
(1) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Inspector General of the Depart-
ment of Defense shall prescribe uniform standards for the fol-
lowing:
(A) The investigation of allegations of prohibited per-
sonnel actions under section 1034 of title 10, United States
Code (as amended by this section), by the Inspector General
and the Inspectors General of the military departments.
(B) The training of the staffs of the Inspectors General
referred to in subparagraph (A) on the conduct of investiga-
tions described in that subparagraph.
(2) USE.—Commencing 180 days after prescription of the
standards required by paragraph (1), the Inspectors General re-
ferred to in that paragraph shall comply with such standards
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in the conduct of investigations described in that paragraph

and in the training of the staffs of such Inspectors General in
the conduct of such investigations.

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 123
SEC. 532. MODIFICATION OF WHISTLEBLOWER PROTECTION AUTHORI-
TIES TO RESTRICT CONTRARY FINDINGS OF PROHIBITED
PERSONNEL ACTION BY THE SECRETARY CONCERNED.
(a) IN GENERAL.—Section 1034(f) of title 10, United States
Code, is amended—
(1) in the subsection heading, by striking ‘‘VIOLATIONS’’ and
inserting ‘‘SUBSTANTIATED VIOLATIONS’’; and
(2) in paragraph (1), by striking ‘‘there is sufficient basis’’
and all that follows and inserting ‘‘corrective or disciplinary ac-
tion should be taken. If the Secretary concerned determines that
corrective or disciplinary action should be taken, the Secretary
shall take appropriate corrective or disciplinary action.’’.
(b) ACTIONS FOLLOWING DETERMINATIONS.—Paragraph (2) of
such section is amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking ‘‘the Secretary concerned determines
under paragraph (1)’’ and inserting ‘‘the Inspector General
determines’’; and
(B) by striking ‘‘the Secretary shall’’ and inserting ‘‘the
Secretary concerned shall’’;
(2) in subparagraph (A), by inserting ‘‘, including referring
the report to the appropriate board for the correction of military
records’’ before the semicolon; and
(3) by striking subparagraph (B) and inserting the fol-
lowing new subparagraph (B):
‘‘(B) submit to the Inspector General a report on the actions
taken by the Secretary pursuant to this paragraph, and provide
for the inclusion of a summary of the report under this sub-
paragraph (with any personally identifiable information re-
dacted) in the semiannual report to Congress of the Inspector
General of the Department of Defense or the Inspector General
of the Department of Homeland Security, as applicable, under
section 5 of the Inspector General Act of 1978 (5 U.S.C. App.).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, and shall
apply with respect to reports received by the Secretaries of the mili-
tary departments and the Secretary of Homeland Security under
section 1034(e) of title 10, United States Code, on or after that date.
SEC. 533. AVAILABILITY OF CERTAIN CORRECTION OF MILITARY
RECORDS AND DISCHARGE REVIEW BOARD INFORMATION
THROUGH THE INTERNET.
(a) BOARD FOR THE CORRECTION OF MILITARY RECORDS.—Sec-
tion 1552 of title 10, United States Code, is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new sub-
section (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 Home-
land Security, as applicable, that is available to the public the fol-
lowing:
‘‘(1) The number of claims considered by such board during
the calendar quarter preceding the calender quarter in which
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such information is made available, including cases in which

a mental health condition of the claimant, including post-trau-
matic stress disorder or traumatic brain injury, is alleged to

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 124

have contributed, whether in whole or part, to the original char-

acterization of the discharge or release of the claimant.
‘‘(2) The number of claims submitted during the calendar
quarter preceding the calender quarter in which such informa-
tion is made available that relate to service by a claimant dur-
ing a war or contingency operation, catalogued by each war or
contingency operation.
‘‘(3) The number of military records corrected pursuant to
the consideration described in paragraph (1) to upgrade the
characterization of discharge or release of claimants.’’.
(b) DISCHARGE REVIEW BOARD.—Section 1553 of title 10,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(f) Each board established under this section shall make avail-
able 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 consid-
ered 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 dis-
charge or dismissal of the former member.
‘‘(2) The number of claims submitted during the calendar
quarter preceding the calender quarter in which such informa-
tion is made available that relate to service by a claimant dur-
ing a war or contingency operation, catalogued by each war or
contingency operation.
‘‘(3) The number of discharges or dismissals corrected pur-
suant to the consideration described in paragraph (1) to up-
grade the characterization of discharge or dismissal of former
members.’’.
SEC. 534. IMPROVEMENTS TO AUTHORITIES AND PROCEDURES FOR
THE CORRECTION OF MILITARY RECORDS.
(a) PROCEDURES OF BOARDS.—Paragraph (3) of section 1552(a)
of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following new subparagraphs:
‘‘(B) If a board makes a preliminary determination that a claim
under this section lacks sufficient information or documents to sup-
port the claim, the board shall notify the claimant, in writing, indi-
cating the specific information or documents necessary to make the
claim complete and reviewable by the board.
‘‘(C) If a claimant is unable to provide military personnel or
medical records applicable to a claim under this section, the board
shall make reasonable efforts to obtain the records. A claimant shall
provide the board with documentary evidence of the efforts of the
claimant to obtain such records. The board shall inform the claim-
ant of the results of the board’s efforts, and shall provide the claim-
ant copies of any records so obtained upon request of the claimant.
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‘‘(D) Any request for reconsideration of a determination of a

board under this section, no matter when filed, shall be reconsid-
ered by a board under this section if supported by materials not pre-

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viously presented to or considered by the board in making such de-

termination.’’.
(b) PUBLICATION OF FINAL DECISIONS OF BOARDS.—Such sec-
tion is further amended by adding at the end the following new
paragraph:
‘‘(5) Each final decision of a board under this subsection shall
be made available to the public in electronic form on a centralized
Internet website. In any decision so made available to the public
there shall be redacted all personally identifiable information.’’.
(c) TRAINING OF MEMBERS OF BOARDS.—
(1) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall de-
velop and implement a comprehensive training curriculum for
members of boards for the correction of military records under
the jurisdiction of such Secretary in the duties of such boards
under section 1552 of title 10, United States Code. The cur-
riculum shall address all areas of administrative law applica-
ble to the duties of such boards.
(2) UNIFORM CURRICULA.—The Secretary of Defense and the
Secretary of Homeland Security shall jointly ensure that the
curricula developed and implemented pursuant to this sub-
section are, to the extent practicable, uniform.
(3) TRAINING.—
(A) IN GENERAL.—Each member of a board for the cor-
rection of military records shall undergo retraining (con-
sistent with the curriculum developed and implemented
pursuant to this subsection) regarding the duties of boards
for the correction of military records under section 1552 of
title 10, United States Code, at least once every five years
during the member’s tenure on the board.
(B) CURRENT MEMBERS.—Each member of a board for
the correction of military records as of the date of the im-
plementation of the curriculum required by paragraph (1)
(in this paragraph referred to as the ‘‘curriculum imple-
mentation date’’) shall undergo training described in sub-
paragraph (A) not later than 90 days after the curriculum
implementation date.
(C) NEW MEMBERS.—Each individual who becomes a
member of a board for the correction of military records
after the curriculum implementation date shall undergo
training described in subparagraph (A) by not later than
90 days after the date on which such individual becomes
a member of the board.
(4) REPORTS.—Not later than 18 months after the date of
the enactment of this Act, each Secretary concerned shall sub-
mit to Congress a report setting forth the following:
(A) A description and assessment of the progress made
by such Secretary in implementing training requirements
for members of boards for the correction of military records
under the jurisdiction of such Secretary.
(B) A detailed description of the training curriculum
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required of such Secretary by paragraph (1).

(C) A description and assessment of any impediments
to the implementation of training requirements for mem-

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 126

bers of boards for the correction of military records under

the jurisdiction of such Secretary.
(5) SECRETARY CONCERNED DEFINED.—In this subsection,
the term ‘‘Secretary concerned’’ means a ‘‘Secretary concerned’’
as that term is used in section 1552 of title 10, United States
Code.
SEC. 535. TREATMENT BY DISCHARGE REVIEW BOARDS OF CLAIMS AS-
SERTING POST-TRAUMATIC STRESS DISORDER OR TRAU-
MATIC BRAIN INJURY IN CONNECTION WITH COMBAT OR
SEXUAL TRAUMA AS A BASIS FOR REVIEW OF DISCHARGE.
Section 1553(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(3)(A) In addition to the requirements of paragraphs (1) and
(2), in the case of a former member described in subparagraph (B),
the Board shall—
‘‘(i) review medical evidence of the Secretary of Veterans Af-
fairs 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 consider-
ation, whose post-traumatic stress disorder or traumatic brain in-
jury is related to combat or military sexual trauma, as determined
by the Secretary concerned.’’.
SEC. 536. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
OF INTEGRITY OF DEPARTMENT OF DEFENSE WHISTLE-
BLOWER PROGRAM.
(a) REPORT REQUIRED.—Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting forth
a review of the integrity of the Department of Defense whistleblower
program.
(b) ELEMENTS.—The review for purposes of the report required
by subsection (a) shall include the following elements:
(1) An assessment of the extent to which the Department of
Defense whistleblower program meets executive branch policies
and goals for whistleblower protections.
(2) An assessment of the adequacy of procedures to handle
and address complaints submitted by employees in the Office of
the Inspector General of the Department of Defense to ensure
that such employees themselves are able to disclose a suspected
violation of law, rule, or regulation without fear of reprisal.
(3) An assessment of the extent to which there have been
violations of standards used in regard to the protection of con-
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fidentiality provided to whistleblowers by the Inspector General

of the Department of Defense.

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(4) An assessment of the extent to which there have been in-

cidents of retaliatory investigations against whistleblowers
within the Office of the Inspector General.
(5) An assessment of the extent to which the Inspector Gen-
eral of the Department of Defense has thoroughly investigated
and substantiated allegations within the past 10 years against
civilian officials of the Department of Defense appointed to their
positions by and with the advice and consent of the Senate, and
whether Congress has been notified of the results of such inves-
tigations.
(6) An assessment of the ability of the Inspector General of
the Department of Defense and the Inspectors General of the
military departments to access agency information necessary to
the execution of their duties, including classified and other sen-
sitive information, and an assessment of the adequacy of secu-
rity procedures to safeguard such classified or sensitive infor-
mation when so accessed.
Subtitle E—Military Justice and Legal Assistance Matters
SEC. 541. UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES.
(a) CLARIFICATION OF AUTHORITY OF JUDGES OF THE COURT TO
ADMINISTER OATHS AND ACKNOWLEDGMENTS.—Subsection (c) of sec-
tion 936 of title 10, United States Code (article 136 of the Uniform
Code of Military Justice), is amended to read as follows:
‘‘(c) Each judge and senior judge of the United States Court of
Appeals for the Armed Forces shall have the powers relating to
oaths, affirmations, and acknowledgments provided to justices and
judges of the United States by section 459 of title 28.’’.
(b) MODIFICATION OF TERM OF JUDGES OF THE COURT TO RE-
STORE ROTATION OF JUDGES.—
(1) EARLY RETIREMENT AUTHORIZED FOR ONE CURRENT
JUDGE.—If the judge of the United States Court of Appeals for
the Armed Forces who is the junior in seniority of the two
judges of the court whose terms of office under section 942(b)(2)
of title 10, United States Code (article 142(b)(2) of the Uniform
Code of Military Justice), expire on July 31, 2021, chooses to re-
tire one year early, that judge—
(A) may retire from service on the court effective August
1, 2020; and
(B) shall be treated, upon such retirement, for all pur-
poses as having completed a term of service for which the
judge was appointed as a judge of the court.
(2) STAGGERING OF FUTURE APPOINTMENTS.—Section
942(b)(2) of title 10, United States Code (article 142(b)(2) of the
Uniform Code of Military Justice), is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(C) by adding at the end the following new subpara-
graph:
‘‘(B) If at the time of the appointment of a judge the date that
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is otherwise applicable under subparagraph (A) for the expiration of

the term of service of the judge is the same as the date for the expi-
ration of the term of service of a judge already on the court, then

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the term of the judge being appointed shall expire on the first July
31 after such date on which no term of service of a judge already
on the court will expire.’’.
(3) APPLICATION OF AMENDMENTS.—The amendments made
by paragraph (2) shall apply with respect to appointments to
the United States Court of Appeals for the Armed Forces that
are made on or after the date of the enactment of this Act.
(c) REPEAL OF REQUIREMENT RELATING TO POLITICAL PARTY
STATUS OF JUDGES OF THE COURT.—Section 942(b)(3) of title 10,
United States Code (article 142(b)(3) of the Uniform Code of Mili-
tary Justice), is amended by striking ‘‘Not more than three of the
judges of the court may be appointed from the same political party,
and no’’ and by inserting ‘‘No’’.
(d) MODIFICATION OF DAILY RATE OF COMPENSATION FOR SEN-
IOR JUDGES PERFORMING JUDICIAL DUTIES WITH THE COURT.—Sec-
tion 942(e)(2) of title 10, United States Code (article 142(e)(2) of the
Uniform Code of Military Justice), is amended by striking ‘‘equal
to’’ and all that follows and inserting ‘‘equal to the difference be-
tween—
‘‘(A) the daily equivalent of the annual rate of pay provided
for a judge of the court; and
‘‘(B) the daily equivalent of the annuity of the judge under
section 945 of this title (article 145), the applicable provisions
of title 5, or any other retirement system for employees of the
Federal Government under which the senior judge receives an
annuity.’’.
(e) REPEAL OF DUAL COMPENSATION PROVISION RELATING TO
JUDGES OF THE COURT.—Section 945 of title 10, United States Code
(article 145 of the Uniform Code of Military Justice), is amended—
(1) in subsection (d), by striking ‘‘subsection (g)(1)(B)’’ and
inserting ‘‘subsection (f)(1)(B)’’;
(2) by striking subsection (f); and
(3) by redesignating subsections (g), (h), and (i) as sub-
sections (f), (g), and (h), respectively.
SEC. 542. EFFECTIVE PROSECUTION AND DEFENSE IN COURTS-MAR-
TIAL AND PILOT PROGRAMS ON PROFESSIONAL MILITARY
JUSTICE DEVELOPMENT FOR JUDGE ADVOCATES.
(a) PROGRAM FOR EFFECTIVE PROSECUTION AND DEFENSE.—The
Secretary concerned shall carry out a program to ensure that—
(1) trial counsel and defense counsel detailed to prosecute
or defend a court-martial have sufficient experience and knowl-
edge to effectively prosecute or defend the case; and
(2) a deliberate professional developmental process is in
place to ensure effective prosecution and defense in all courts-
martial.
(b) MILITARY JUSTICE EXPERIENCE DESIGNATORS OR SKILL
IDENTIFIERS.—The Secretary concerned shall establish and use a
system of military justice experience designators or skill identifiers
for purposes of identifying judge advocates with skill and experience
in military justice proceedings in order to ensure that judge advo-
cates with experience and skills identified through such experience
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designators or skill identifiers are assigned to develop less experi-

enced judge advocates in the prosecution and defense in courts-mar-
tial under a program carried out pursuant to subsection (a).

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(c) PILOT PROGRAMS ON PROFESSIONAL DEVELOPMENTAL PROC-

ESS FOR JUDGE ADVOCATES.—
(1) PURPOSE.—The Secretary concerned shall carry out a
pilot program to assess the feasibility and advisability of estab-
lishing a deliberate professional developmental process for
judge advocates under the jurisdiction of the Secretary that
leads to judge advocates with military justice expertise serving
as military justice practitioners capable of prosecuting and de-
fending complex cases in military courts-martial.
(2) ADDITIONAL MATTERS.—A pilot program may also as-
sess such other matters related to professional military justice
development for judge advocates as the Secretary concerned con-
siders appropriate.
(3) DURATION.—Each pilot program shall be for a period of
five years.
(4) REPORT.—Not later than four years after the date of the
enactment of this Act, the Secretary concerned shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the pilot programs conducted
under this section. The report shall include the following:
(A) A description and assessment of each pilot pro-
gram.
(B) Such recommendations as the Secretary considers
appropriate in light of the pilot programs, including wheth-
er any pilot program should be extended or made perma-
nent.
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 543. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PRE-
VENTION AND RESPONSE EFFORTS OF THE ARMED
FORCES OF INFORMATION ON COMPLAINTS OF RETALIA-
TION IN CONNECTION WITH REPORTS OF SEXUAL AS-
SAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561
note) is amended by adding at the end the following new para-
graph:
‘‘(12) Information on each claim of retaliation in connection
with a report of sexual assault in the Armed Force made by or
against a member of such Armed Force as follows:
‘‘(A) A narrative description of each complaint.
‘‘(B) The nature of such complaint, including whether
the complainant claims professional or social retaliation.
‘‘(C) The gender of the complainant.
‘‘(D) The gender of the individual claimed to have com-
mitted the retaliation.
‘‘(E) The nature of the relationship between the com-
plainant 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
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concerned and the individual claimed to have committed

the retaliation.
‘‘(G) The official or office that received the complaint.

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 130

‘‘(H) The organization that investigated or is inves-

tigating 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 oc-
curred, whether the retaliation was an offense under chap-
ter 47 of title 10, United States Code (the Uniform Code of
Military Justice).’’.
SEC. 544. EXTENSION OF THE REQUIREMENT FOR ANNUAL REPORT
REGARDING SEXUAL ASSAULTS AND COORDINATION
WITH RELEASE OF FAMILY ADVOCACY PROGRAM REPORT.
Section 1631 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4433; 10
U.S.C. 1561 note) is amended—
(1) in subsection (a), by striking ‘‘March 1, 2017’’ and in-
serting ‘‘March 1, 2021’’; and
(2) by adding at the end the following new subsection:
‘‘(g) COORDINATION OF RELEASE DATE BETWEEN ANNUAL RE-
PORTS REGARDING SEXUAL ASSAULTS AND FAMILY ADVOCACY RE-
PORT.—The Secretary of Defense shall ensure that the reports re-
quired under subsection (a) for a given year are delivered to the
Committees on Armed Services of the Senate and House of Rep-
resentatives simultaneously with the Family Advocacy Program re-
port for that year regarding child abuse and domestic violence, as
required by section 574 of the National Defense Authorization Act
for Fiscal Year 2017.’’.
SEC. 545. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED
FORCES TO PREVENT AND RESPOND TO RETALIATION IN
CONNECTION WITH REPORTS OF SEXUAL ASSAULT IN THE
ARMED FORCES.
(a) METRICS REQUIRED.—The Sexual Assault Prevention and
Response Office of the Department of Defense shall establish and
issue to the military departments metrics to be used to evaluate the
efforts of the Armed Forces to prevent and respond to retaliation in
connection with reports of sexual assault in the Armed Forces.
(b) BEST PRACTICES.—For purposes of enhancing and achieving
uniformity in the efforts of the Armed Forces to prevent and respond
to retaliation in connection with reports of sexual assault in the
Armed Forces, the Sexual Assault Prevention and Response Office
shall identify and issue to the military departments best practices
to be used in the prevention of and response to retaliation in connec-
tion with such reports.
SEC. 546. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL WHO
INVESTIGATE CLAIMS OF RETALIATION.
(a) TRAINING REGARDING NATURE AND CONSEQUENCES OF RE-
TALIATION.—The Secretary of Defense shall ensure that the per-
sonnel of the Department of Defense specified in subsection (b) who
investigate claims of retaliation receive training on the nature and
consequences of retaliation, and, in cases involving reports of sexual
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assault, the nature and consequences of sexual assault trauma. The

training shall include such elements as the Secretary shall specify
for purposes of this section.

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(b) COVERED PERSONNEL.—The personnel of the Department of

Defense covered by subsection (a) are the following:
(1) Personnel of military criminal investigation services.
(2) Personnel of Inspectors General offices.
(3) Personnel of any command of the Armed Forces who are
assignable by the commander of such command to investigate
claims of retaliation made by or against members of such com-
mand.
(c) RETALIATION DEFINED.—In this section, the term ‘‘retalia-
tion’’ has the meaning given the term by the Secretary of Defense in
the strategy required by section 539 of the National Defense Author-
ization Act of Fiscal Year 2016 (Public Law 114–92; 129 Stat. 818)
or a subsequent meaning specified by the Secretary.
SEC. 547. NOTIFICATION TO COMPLAINANTS OF RESOLUTION OF IN-
VESTIGATIONS INTO RETALIATION.
(a) NOTIFICATION REQUIRED.—
(1) MEMBERS OF THE ARMY, NAVY, AIR FORCE, AND MARINE
CORPS.—Under regulations prescribed by the Secretary of De-
fense, upon the conclusion of an investigation by an office, ele-
ment, or personnel of the Department of Defense or of the
Armed Forces of a complaint by a member of the Armed Forces
of retaliation, the member shall be informed in writing of the
results of the investigation, including whether the complaint
was substantiated, unsubstantiated, or dismissed.
(2) MEMBERS OF COAST GUARD.—The Secretary of Home-
land Security shall provide in a similar manner for notification
in writing of the results of investigations by offices, elements, or
personnel of the Department of Homeland Security or of the
Coast Guard of complaints of retaliation made by members of
the Coast Guard when it is not operating as a service in the
Navy.
(b) RETALIATION DEFINED.—In this section, the term ‘‘retalia-
tion’’ has the meaning given the term by the Secretary of Defense in
the strategy required by section 539 of the National Defense Author-
ization Act of Fiscal Year 2016 (Public Law 114–92; 129 Stat. 818)
or a subsequent meaning specified by the Secretary.
SEC. 548. MODIFICATION OF DEFINITION OF SEXUAL HARASSMENT
FOR PURPOSES OF INVESTIGATIONS BY COMMANDING OF-
FICERS OF COMPLAINTS OF HARASSMENT.
(a) IN GENERAL.—Section 1561(e) of title 10, United States
Code, is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by strik-
ing ‘‘(constituting a form of sex discrimination)’’; and
(B) in subparagraph (B), by striking ‘‘the work environ-
ment’’ 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
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10, United States Code, that are first received by a commanding of-
ficer or officer in charge on or after that date.

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SEC. 549. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF AND
RESPONSE TO HAZING IN THE ARMED FORCES.
(a) ANTI-HAZING DATABASE.—The Secretary of Defense shall
provide for the establishment and use of a comprehensive and con-
sistent data-collection system for the collection of reports, including
anonymous reports, of incidents of hazing involving a member of the
Armed Forces. The Secretary shall issue department-wide guidance
regarding the availability and use of the database, including infor-
mation on protected classes, such as race and religion, who are often
the victims of hazing.
(b) IMPROVED TRAINING.—Each Secretary of a military depart-
ment, in consultation with the Chief of Staff of each Armed Force
under the jurisdiction of such Secretary, shall seek to improve train-
ing to assist members of the Armed Forces better recognize, prevent,
and respond to hazing at all command levels.
(c) ANNUAL REPORTS ON HAZING.—
(1) REPORT REQUIRED.—Not later than January 31 of each
year through January 31, 2021, each Secretary of a military de-
partment, in consultation with the Chief of Staff of each Armed
Force under the jurisdiction of such Secretary, shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report containing a description of efforts
during the previous year—
(A) to prevent and to respond to incidents of hazing in-
volving members of the Armed Forces;
(B) to track and encourage reporting, including report-
ing anonymously, incidents of hazing in the Armed Force;
and
(C) to ensure the consistent implementation of anti-haz-
ing policies.
(2) ADDITIONAL ELEMENTS.—Each report required by this
subsection also shall address the same elements originally ad-
dressed in the anti-hazing reports required by section 534 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub-
lic Law 112–239; 126 Stat. 1726).
Subtitle F—National Commission on Military, National, and
Public Service
SEC. 551. PURPOSE, SCOPE, AND DEFINITIONS.
(a) PURPOSE.—The purpose of this subtitle is to establish the
National Commission on Military, National, and Public Service
to—
(1) conduct a review of the military selective service process
(commonly referred to as ‘‘the draft’’); and
(2) consider methods to increase participation in military,
national, and public service in order to address national secu-
rity and other public service needs of the Nation.
(b) SCOPE OF REVIEW.—In order to provide the fullest under-
standing of the matters required under the review under subsection
(a), the Commission shall consider—
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(1) the need for a military selective service process, includ-

ing the continuing need for a mechanism to draft large num-
bers of replacement combat troops;

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(2) means by which to foster a greater attitude and ethos

of service among United States youth, including an increased
propensity for military service;
(3) the feasibility and advisability of modifying the military
selective service process in order to obtain for military, national,
and public service individuals with skills (such as medical,
dental, and nursing skills, language skills, cyber skills, and
science, technology, engineering, and mathematics (STEM)
skills) for which the Nation has a critical need, without regard
to age or sex; and
(4) the feasibility and advisability of including in the mili-
tary selective service process, as so modified, an eligibility or en-
titlement for the receipt of one or more Federal benefits (such
as educational benefits, subsidized or secured student loans,
grants or hiring preferences) specified by the Commission for
purposes of the review.
(c) DEFINITIONS.—In this subtitle:
(1) The term ‘‘military service’’ means active service (as that
term is defined in subsection (d)(3) of section 101 of title 10,
United States Code) in one of the uniformed services (as that
term is defined in subsection (a)(5) of such section).
(2) The term ‘‘national service’’ means civilian employment
in Federal or State Government in a field in which the Nation
and the public have critical needs.
(3) The term ‘‘public service’’ means civilian employment in
any non-governmental capacity, including with private for-prof-
it organizations and non-profit organizations (including with
appropriate faith-based organizations), that pursues and en-
hances the common good and meets the needs of communities,
the States, or the Nation in sectors related to security, health,
care for the elderly, and other areas considered appropriate by
the Commission for purposes of this subtitle.
SEC. 552. PRELIMINARY REPORT ON PURPOSE AND UTILITY OF REG-
ISTRATION SYSTEM UNDER MILITARY SELECTIVE SERV-
ICE ACT.
(a) REPORT REQUIRED.—To assist the Commission in carrying
out its duties under this subtitle, the Secretary of Defense shall—
(1) submit, not later than July 1, 2017, to the Committees
on Armed Services of the Senate and the House of Representa-
tives and to the Commission a report on the current and future
need for a centralized registration system under the Military
Selective Service Act (50 U.S.C. 3801 et seq.); and
(2) provide a briefing on the results of the report.
(b) ELEMENTS OF REPORT.—The report required by subsection
(a) shall include the following:
(1) A detailed analysis of the current benefits derived, both
directly and indirectly, from the Military Selective Service Sys-
tem, including—
(A) the extent to which mandatory registration benefits
military recruiting;
(B) the extent to which a national registration capa-
bility serves as a deterrent to potential enemies of the
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United States; and

(C) the extent to which expanding registration to in-
clude women would impact these benefits.

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(2) An analysis of the functions currently performed by the

Selective Service System that would be assumed by the Depart-
ment of Defense in the absence of a national registration capa-
bility.
(3) An analysis of the systems, manpower, and facilities
that would be needed by the Department to physically mobilize
inductees in the absence of the Selective Service System.
(4) An analysis of the feasibility and utility of eliminating
the current focus on mass mobilization of primarily combat
troops in favor of a system that focuses on mobilization of all
military occupational specialties, and the extent to which such
a change would impact the need for both male and female in-
ductees.
(5) A detailed analysis of the Department’s personnel needs
in the event of an emergency requiring mass mobilization, in-
cluding—
(A) a detailed timeline, along with the factors consid-
ered in arriving at this timeline, of when the Department
would require—
(i) the first inductees to report for service;
(ii) the first 100,000 inductees to report for service;
and
(iii) the first medical personnel to report for serv-
ice; and
(B) an analysis of any additional critical skills that
would be needed in the event of a national emergency, and
a timeline for when the Department would require the first
inductees to report for service.
(6) A list of the assumptions used by the Department when
conducting its analysis in preparing the report.
(c) COMPTROLLER GENERAL REVIEW.—Not later than December
1, 2017, the Comptroller General of the United States shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives and to the Commission a review of the procedures
used by the Department of Defense in evaluating selective service re-
quirements.
SEC. 553. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUB-
LIC SERVICE.
(a) ESTABLISHMENT.—There is established in the executive
branch an independent commission to be known as the National
Commission on Military, National, and Public Service (in this sub-
title referred to as the ‘‘Commission’’). The Commission shall be con-
sidered an independent establishment of the Federal Government as
defined by section 104 of title 5, United States Code, and a tem-
porary organization under section 3161 of such title.
(b) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Commission shall be
composed of 11 members appointed as follows:
(A) The President shall appoint three members.
(B) The Majority Leader of the Senate shall appoint
one member.
(C) The Minority Leader of the Senate shall appoint
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one member.
(D) The Speaker of the House of Representatives shall
appoint one member.

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(E) The Minority Leader of the House of Representa-

tives shall appoint one member.
(F) The Chairman of the Committee on Armed Services
of the Senate shall appoint one member.
(G) The ranking minority member of the Committee on
Armed Services of the Senate shall appoint one member.
(H) The Chairman of the Committee on Armed Services
of the House of Representatives shall appoint one member.
(I) The ranking minority member of the Committee on
Armed Services of the House of Representatives shall ap-
point one member.
(2) DEADLINE FOR APPOINTMENT.—Members shall be ap-
pointed to the Commission under paragraph (1) not later than
90 days after the Commission establishment date.
(3) EFFECT OF LACK OF APPOINTMENT BY APPOINTMENT
DATE.—If one or more appointments under subparagraph (A) of
paragraph (1) is not made by the appointment date specified in
paragraph (2), the authority to make such appointment or ap-
pointments shall expire, and the number of members of the
Commission shall be reduced by the number equal to the num-
ber of appointments so not made. If an appointment under sub-
paragraph (B), (C), (D), (E), (F), (G), (H), or (I) of paragraph
(1) is not made by the appointment date specified in paragraph
(2), the authority to make an appointment under such subpara-
graph shall expire, and the number of members of the Commis-
sion shall be reduced by the number equal to the number other-
wise appointable under such subparagraph.
(c) CHAIR AND VICE CHAIR.—The Commission shall elect a
Chair and Vice Chair from among its members.
(d) TERMS.—Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its pow-
ers, and shall be filled in the same manner as the original appoint-
ment was made.
(e) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the re-
quirements of section 2105 of title 5, United States Code, including
the required supervision under subsection (a)(3) of such section, the
members of the Commission shall be deemed to be Federal employ-
ees.
(f) PAY FOR MEMBERS OF THE COMMISSION.—
(1) IN GENERAL.—Each member, other than the Chair, of
the Commission shall be paid at a rate equal to the daily equiv-
alent of the annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the actual performance of duties vested
in the Commission.
(2) CHAIR.—The Chair of the Commission shall be paid at
a rate equal to the daily equivalent of the annual rate of basic
pay payable for level III of the Executive Schedule under section
5314, of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the actual
performance of duties vested in the Commission.
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(g) USE OF GOVERNMENT INFORMATION.—The Commission may

secure directly from any department or agency of the Federal Gov-
ernment such information as the Commission considers necessary to

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 136

carry out its duties. Upon such request of the chair of the Commis-
sion, the head of such department or agency shall furnish such in-
formation to the Commission.
(h) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions as
departments and agencies of the United States.
(i) AUTHORITY TO ACCEPT GIFTS.—The Commission may ac-
cept, use, and dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding and fa-
cilitating the work of the Commission. The authority in this sub-
section does not extend to gifts of money.
(j) PERSONAL SERVICES.—
(1) AUTHORITY TO PROCURE.—The Commission may—
(A) procure the services of experts or consultants (or of
organizations of experts or consultants) in accordance with
the provisions of section 3109 of title 5, United States Code;
and
(B) pay in connection with such services travel expenses
of individuals, including transportation and per diem in
lieu of subsistence, while such individuals are traveling
from their homes or places of business to duty stations.
(2) LIMITATION.—The total number of experts or consultants
procured pursuant to paragraph (1) may not exceed five experts
or consultants.
(3) MAXIMUM DAILY PAY RATES.—The daily rate paid an ex-
pert or consultant procured pursuant to paragraph (1) may not
exceed the daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(k) FUNDING.—Of the amounts authorized to be appropriated by
this Act for fiscal year 2017 for the Department of Defense, up to
$15,000,000 shall be made available to the Commission to carry out
its duties under this subtitle. Funds made available to the Commis-
sion under the preceding sentence shall remain available until ex-
pended.
SEC. 554. COMMISSION HEARINGS AND MEETINGS.
(a) IN GENERAL.—The Commission shall conduct hearings on
the recommendations it is taking under consideration. Any such
hearing, except a hearing in which classified information is to be
considered, shall be open to the public. Any hearing open to the pub-
lic shall be announced on a Federal website at least 14 days in ad-
vance. For all hearings open to the public, the Commission shall re-
lease an agenda and a listing of materials relevant to the topics to
be discussed. The Commission is authorized and encouraged to hold
hearings and meetings in various locations throughout the country
to provide maximum opportunity for public comment and participa-
tion in the Commission’s execution of its duties.
(b) MEETINGS.—
(1) INITIAL MEETING.—The Commission shall hold its ini-
tial meeting not later than 30 days after the date as of which
all members have been appointed.
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(2) SUBSEQUENT MEETINGS.—After its initial meeting, the

Commission shall meet upon the call of the chair or a majority
of its members.

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(3) PUBLIC MEETINGS.—Each meeting of the Commission

shall be held in public unless any member objects or classified
information is to be considered.
(c) QUORUM.—Six members of the Commission shall constitute
a quorum, but a lesser number may hold hearings or meetings.
(d) PUBLIC COMMENTS.—
(1) SOLICITATION.—The Commission shall seek written
comments from the general public and interested parties on
matters of the Commission’s review under this subtitle. Com-
ments shall be requested through a solicitation in the Federal
Register and announcement on the Internet website of the Com-
mission.
(2) PERIOD FOR SUBMITTAL.—The period for the submittal
of comments pursuant to the solicitation under paragraph (1)
shall end not earlier than 30 days after the date of the solicita-
tion and shall end on or before the date on which recommenda-
tions are transmitted to the Commission under section 555(d).
(3) USE BY COMMISSION.—The Commission shall consider
the comments submitted under this subsection when developing
its recommendations.
(e) SPACE FOR USE OF COMMISSION.—Not later than 90 days
after the date of the enactment of this Act, the Administrator of Gen-
eral Services, in consultation with the Secretary, shall identify and
make available suitable excess space within the Federal space inven-
tory to house the operations of the Commission. If the Administrator
is not able to make such suitable excess space available within such
90-day period, the Commission may lease space to the extent the
funds are available.
(f) CONTRACTING AUTHORITY.—The Commission may acquire
administrative supplies and equipment for Commission use to the
extent funds are available.
SEC. 555. PRINCIPLES AND PROCEDURE FOR COMMISSION REC-
OMMENDATIONS.
(a) CONTEXT OF COMMISSION REVIEW.—The Commission
shall—
(1) conduct a review of the military selective service process;
and
(2) consider methods to increase participation in military,
national, and public service opportunities to address national
security and other public service needs of the Nation.
(b) DEVELOPMENT OF COMMISSION RECOMMENDATIONS.—The
Commission shall develop recommendations on the matters subject
to its review under subsection (a) that are consistent with the prin-
ciples established by the President under subsection (c).
(c) PRESIDENTIAL PRINCIPLES.—
(1) IN GENERAL.—Not later than three months after the
Commission establishment date, the President shall establish
and transmit to the Commission and Congress principles for re-
form of the military selective service process, including means
by which to best acquire for the Nation skills necessary to meet
the military, national, and public service requirements of the
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Nation in connection with that process.

(2) ELEMENTS.—The principles required under this sub-
section shall address the following:

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(A) Whether, in light of the current and predicted glob-

al security environment and the changing nature of war-
fare, there continues to be a continuous or potential need
for a military selective service process designed to produce
large numbers of combat members of the Armed Forces,
and if so, whether such a system should include mandatory
registration by all citizens and residents, regardless of sex.
(B) The need, and how best to meet the need, of the Na-
tion, the military, the Federal civilian sector, and the pri-
vate sector (including the non-profit sector) for individuals
possessing critical skills and abilities, and how best to em-
ploy individuals possessing those skills and abilities for
military, national, or public service.
(C) How to foster within the Nation, particularly
among United States youth, an increased sense of service
and civic responsibility in order to enhance the acquisition
by the Nation of critically needed skills through education
and training, and how best to acquire those skills for mili-
tary, national, or public service.
(D) How to increase a propensity among United States
youth for service in the military, or alternatively in na-
tional or public service, including how to increase the pool
of qualified applicants for military service.
(E) The need in Government, including the military,
and in the civilian sector to increase interest, education,
and employment in certain critical fields, including science,
technology, engineering, and mathematics (STEM), na-
tional security, cyber, linguistics and foreign language, edu-
cation, health care, and the medical professions.
(F) How military, national, and public service may be
incentivized, including through educational benefits,
grants, federally-insured loans, Federal or State hiring
preferences, or other mechanisms that the President con-
siders appropriate.
(G) Any other matters the President considers appro-
priate for purposes of this subtitle.
(d) CABINET RECOMMENDATIONS.—Not later than seven months
after the Commission establishment date, the Secretary of Defense,
the Attorney General, the Secretary of Homeland Security, the Sec-
retary of Labor, and such other Government officials, and such ex-
perts, as the President shall designate for purposes of this sub-
section shall jointly transmit to the Commission and Congress rec-
ommendations for the reform of the military selective service process
and military, national, and public service in connection with that
process.
(e) COMMISSION REPORT AND RECOMMENDATIONS.—
(1) REPORT.—Not later than 30 months after the Commis-
sion establishment date, the Commission shall transmit to the
President and Congress a report containing the findings and
conclusions of the Commission, together with the recommenda-
tions of the Commission regarding the matters reviewed by the
Commission pursuant to this subtitle. The Commission shall in-
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clude in the report legislative language and recommendations

for administrative action to implement the recommendations of
the Commission. The findings and conclusions in the report

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 139

shall be based on the review and analysis by the Commission

of the recommendations made under subsection (d).
(2) REQUIREMENT FOR APPROVAL.—The recommendations of
the Commission must be approved by at least five members of
the Commission before the recommendations may be trans-
mitted to the President and Congress under paragraph (1).
(3) PUBLIC AVAILABILITY.—The Commission shall publish a
copy of the report required by paragraph (1) on an Internet
website available to the public on the same date on which it
transmits that report to the President and Congress under that
paragraph.
(f) JUDICIAL REVIEW PRECLUDED.—Actions under this section of
the President, the officials specified or designated under subsection
(d), and the Commission shall not be subject to judicial review.
SEC. 556. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—The Commission shall appoint and
fix the rate of basic pay for an Executive Director in accordance
with section 3161 of title 5, United States Code.
(b) STAFF.—Subject to subsections (c) and (d), the Executive Di-
rector, with the approval of the Commission, may appoint and fix
the rate of basic pay for additional personnel as staff of the Com-
mission in accordance with section 3161 of title 5, United States
Code.
(c) LIMITATIONS ON STAFF.—
(1) NUMBER OF DETAILEES FROM EXECUTIVE DEPART-
MENTS.—Not more than one-third of the personnel employed by
or detailed to the Commission may be on detail from the De-
partment of Defense and other executive branch departments.
(2) PRIOR DUTIES WITHIN EXECUTIVE BRANCH.—A person
may not be detailed from the Department of Defense or other ex-
ecutive branch department to the Commission if, in the year be-
fore the detail is to begin, that person participated personally
and substantially in any matter concerning the preparation of
recommendations for the military selective service process and
military and public service in connection with that process.
(d) LIMITATIONS ON PERFORMANCE REVIEWS.—No member of
the uniformed services, and no officer or employee of the Department
of Defense or other executive branch department (other than a mem-
ber of the uniformed services or officer or employee who is detailed
to the Commission), may—
(1) prepare any report concerning the effectiveness, fitness,
or efficiency of the performance of the staff of the Commission
or any person detailed to that staff;
(2) review the preparation of such a report (other than for
administrative accuracy); or
(3) approve or disapprove such a report.
SEC. 557. TERMINATION OF COMMISSION.
Except as otherwise provided in this subtitle, the Commission
shall terminate not later than 36 months after the Commission es-
tablishment date.
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Subtitle G—Member Education, Training, Resilience, and

Transition
SEC. 561. MODIFICATION OF PROGRAM TO ASSIST MEMBERS OF THE
ARMED FORCES IN OBTAINING PROFESSIONAL CREDEN-
TIALS.
(a) SCOPE OF PROGRAM.—Section 2015(a)(1) of title 10, United
States Code, is amended by striking ‘‘incident to the performance of
their military duties’’.
(b) QUALITY ASSURANCE OF CERTIFICATION PROGRAMS AND
STANDARDS.—Section 2015(c) of title 10, United States Code, is
amended—
(1) in paragraph (1), by striking ‘‘is accredited by an ac-
creditation 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 in-
dustry or sector involved as a recognized, preferred, or re-
quired credential for recruitment, screening, hiring, reten-
tion, or advancement purposes; and
‘‘(ii) where appropriate, is endorsed by a nationally-rec-
ognized trade association or organization representing a
significant part of the industry or sector;
‘‘(C) grants licenses that are recognized by the Federal
Government or a State government; or
‘‘(D) meets credential standards of a Federal agency.’’.
SEC. 562. INCLUSION OF ALCOHOL, PRESCRIPTION DRUG, OPIOID, AND
OTHER SUBSTANCE ABUSE COUNSELING AS PART OF RE-
QUIRED PRESEPARATION COUNSELING.
Section 1142(b)(11) of title 10, United States Code, is amended
by inserting before the period the following: ‘‘and information con-
cerning the availability of treatment options and resources to ad-
dress substance abuse, including alcohol, prescription drug, and
opioid abuse’’.
SEC. 563. INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE
PROGRAM REGARDING EFFECT OF RECEIPT OF BOTH VET-
ERAN DISABILITY COMPENSATION AND VOLUNTARY SEPA-
RATION PAY.
Section 1144(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(10) Provide information regarding the required deduction,
pursuant to subsection (h) of section 1175a of this title, from
disability compensation paid by the Secretary of Veterans Af-
fairs of amounts equal to any voluntary separation pay received
by the member under such section.’’.
SEC. 564. TRAINING UNDER TRANSITION ASSISTANCE PROGRAM ON
CAREER AND EMPLOYMENT OPPORTUNITIES ASSOCIATED
WITH TRANSPORTATION SECURITY CARDS.
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(a) IN GENERAL.—Section 1144(b) of title 10, United States

Code, as amended by section 563, is further amended by adding at
the end the following new paragraph:

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 141

‘‘(11) Acting through the Secretary of the department in

which the Coast Guard is operating, provide information on ca-
reer and employment opportunities available to members with
transportation security cards issued under section 70105 of title
46.’’.
(b) DEADLINE FOR IMPLEMENTATION.—The program carried out
under section 1144 of title 10, United States Code, shall satisfy the
requirements of subsection (b)(11) of such section (as added by sub-
section (a) of this section) by not later than 180 days after the date
of the enactment of this Act.
SEC. 565. EXTENSION OF SUICIDE PREVENTION AND RESILIENCE PRO-
GRAM.
Section 10219(g) of title 10, United States Code, is amended by
striking ‘‘October 1, 2017’’ and inserting ‘‘October 1, 2018’’.
SEC. 566. CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINT-
MENTS TO SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a) of
title 10, United States Code, is amended in the matter after para-
graph (10) by adding at the end the following new sentence: ‘‘When
a nominee of a Senator, Representative, or Delegate is selected for
appointment as a cadet, the Senator, Representative, or Delegate
shall be notified at least 48 hours before the official notification or
announcement of the appointment is made.’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a) of title
10, United States Code, is amended in the matter after paragraph
(10) by adding at the end the following new sentence: ‘‘When a
nominee of a Senator, Representative, or Delegate is selected for ap-
pointment as a midshipman, the Senator, Representative, or Dele-
gate shall be notified at least 48 hours before the official notification
or announcement of the appointment is made.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a) of
title 10, United States Code, is amended in the matter after para-
graph (10) by adding at the end the following new sentence: ‘‘When
a nominee of a Senator, Representative, or Delegate is selected for
appointment as a cadet, the Senator, Representative, or Delegate
shall be notified at least 48 hours before the official notification or
announcement of the appointment is made.’’.
(d) UNITED STATES MERCHANT MARINE ACADEMY.—Section
51302 of title 46, United States Code, is amended by adding at the
end the following:
‘‘(e) CONGRESSIONAL NOTIFICATION IN ADVANCE OF APPOINT-
MENTS.—When a nominee of a Senator, Representative, or Delegate
is selected for appointment as a cadet, the Senator, Representative,
or Delegate shall be notified at least 48 hours before the official no-
tification or announcement of the appointment is made.’’.
(e) APPLICATION OF AMENDMENTS.—The amendments made by
this section shall apply with respect to the appointment of cadets
and midshipmen to the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, and
the United States Merchant Marine Academy for classes entering
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these service academies after January 1, 2018.

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SEC. 567. REPORT AND GUIDANCE ON JOB TRAINING, EMPLOYMENT
SKILLS TRAINING, APPRENTICESHIPS, AND INTERNSHIPS
AND SKILLBRIDGE INITIATIVES FOR MEMBERS OF THE
ARMED FORCES WHO ARE BEING SEPARATED.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense for Per-
sonnel and Readiness shall submit to the Committees on Armed
Services of the Senate and the House of Representatives, and make
available to the public, a report evaluating the success of the Job
Training, Employment Skills Training, Apprenticeships, and In-
ternships (known as JTEST–AI) and SkillBridge initiatives, under
which civilian businesses and companies make available to mem-
bers of the Armed Forces who are being separated from the Armed
Forces training or internship opportunities that offer a high prob-
ability of employment for the members after their separation.
(b) ELEMENTS.—In preparing the report required by subsection
(a), the Under Secretary of Defense for Personnel and Readiness
shall use the effectiveness metrics described in Enclosure 5 of De-
partment of Defense Instruction No. 1322.29. The report shall in-
clude the following:
(1) An assessment of the successes of the Job Training, Em-
ployment Skills Training, Apprenticeships, and Internships and
SkillBridge initiatives.
(2) Recommendations by the Under Secretary on ways in
which the administration of the initiatives could be improved.
(3) Recommendations by civilian companies participating
in the initiatives on ways in which the administration of the
initiatives could be improved.
SEC. 568. MILITARY-TO-MARINER TRANSITION.
(a) REPORT.—Not later than 180 days after the date of the en-
actment of this Act, the Secretary of Defense and the Secretary of
the department in which the Coast Guard is operating shall jointly
report to the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Armed Services and the Committee on Com-
merce, Science, and Transportation of the Senate on steps the De-
partments of Defense and Homeland Security have taken or intend
to take—
(1) to maximize the extent to which United States Armed
Forces service, training, and qualifications are creditable to-
ward meeting the laws and regulations governing United States
merchant mariner license, certification, and document laws and
the International Convention on Standards of Training, Certifi-
cation and Watchkeeping for Seafarers, 1978, including steps to
enhance interdepartmental coordination; and
(2) to promote better awareness among Armed Forces per-
sonnel who serve in vessel operating positions of the require-
ments for postservice use of Armed Forces training, education,
and practical experience in satisfaction of requirements for mer-
chant mariner credentials under section 11.213 of title 46, Code
of Federal Regulations, and the need to document such service
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in a manner suitable for post-service use.

(b) LIST OF TRAINING PROGRAMS.—The report under subsection
(a) shall include a list of Army, Navy, and Coast Guard training

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 143

programs open to Army, Navy, and Coast Guard vessel operators,

respectively, that shows—
(1) which programs have been approved for credit toward
merchant mariner credentials;
(2) which programs are under review for such approval;
(3) which programs are not relevant to the training needed
for merchant mariner credentials; and
(4) which programs could become eligible for credit toward
merchant mariner credentials with minor changes.
Subtitle H—Defense Dependents’ Education and Military
Family Readiness Matters
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to be
appropriated for fiscal year 2017 by section 301 and available for
operation and maintenance for Defense-wide activities as specified
in the funding table in division D, $30,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20
U.S.C. 7703b).
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—Of
the amount authorized to be appropriated for fiscal year 2017 by
section 301 and available for operation and maintenance for De-
fense-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 Fis-
cal Year 2001 (as enacted into law by Public Law 106–398; 114
Stat. 1654A–77; 20 U.S.C. 7703a).
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, the
term ‘‘local educational agency’’ has the meaning given that term in
section 8013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
SEC. 572. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO THE
TRANSITION AND SUPPORT OF MILITARY DEPENDENT
STUDENTS TO LOCAL EDUCATIONAL AGENCIES.
(a) EXTENSION.—Section 574(c)(3) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (20 U.S.C. 7703b
note) is amended by striking ‘‘September 30, 2016’’ and inserting
‘‘September 30, 2017’’.
(b) INFORMATION TO BE INCLUDED WITH FUTURE REQUESTS
FOR EXTENSION.—The budget justification materials that accom-
pany 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 sec-
tion 574(c) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 shall include the following:
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(1) A full accounting of the expenditure of funds pursuant

to such section 574(c) during the last fiscal year ending before
the date of the submittal of the budget.

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(2) An assessment of the impact of the expenditure of such

funds on the quality of opportunities for elementary and sec-
ondary education made available for military dependent stu-
dents.
SEC. 573. ANNUAL NOTICE TO MEMBERS OF THE ARMED FORCES RE-
GARDING CHILD CUSTODY PROTECTIONS GUARANTEED
BY THE SERVICEMEMBERS CIVIL RELIEF ACT.
The Secretaries of each of the military departments shall ensure
that each member of the Armed Forces with dependents receives an-
nually, and prior to each deployment, notice of the child custody
protections afforded to members of the Armed Forces under the
Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.).
SEC. 574. REQUIREMENT FOR ANNUAL FAMILY ADVOCACY PROGRAM
REPORT REGARDING CHILD ABUSE AND DOMESTIC VIO-
LENCE.
(a) ANNUAL REPORT ON CHILD ABUSE AND DOMESTIC VIO-
LENCE.—Not later than April 30, 2017, and annually thereafter
through April 30, 2021, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report on the child abuse and domestic abuse incident
data from the Department of Defense Family Advocacy Program
central registry of child abuse and domestic abuse incidents for the
preceding calendar year.
(b) CONTENTS.—The report shall contain each of the following:
(1) The number of incidents reported during the year cov-
ered by the report involving—
(A) spouse physical or sexual abuse;
(B) intimate partner physical or sexual abuse;
(C) child physical or sexual abuse; and
(D) child or domestic abuse resulting in a fatality.
(2) An analysis of the number of such incidents that met
the criteria for substantiation.
(3) An analysis of—
(A) the types of abuse reported;
(B) for cases involving children as the reported victims
of the abuse, the ages of the abused children; and
(C) other relevant characteristics of the reported vic-
tims.
(4) An analysis of the military status, sex, and pay grade
of the alleged perpetrator of the child or domestic abuse.
(5) An analysis of the effectiveness of the Family Advocacy
Program.
(c) COORDINATION OF RELEASE DATE BETWEEN ANNUAL RE-
PORTS REGARDING SEXUAL ASSAULTS AND FAMILY ADVOCACY PRO-
GRAM REPORT.—The Secretary of Defense shall ensure that the sex-
ual assault reports required to be submitted under section 1631(d)
of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) for a year are
delivered to the Committees on Armed Services of the House of Rep-
resentatives and the Senate simultaneously with the report for that
year required under this section.
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SEC. 575. REPORTING ON ALLEGATIONS OF CHILD ABUSE IN MILITARY

FAMILIES AND HOMES.
(a) REPORTS TO FAMILY ADVOCACY PROGRAM OFFICES.—

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(1) IN GENERAL.—The following information shall be re-

ported 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 reason-
able 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 sec-
tion 226(b) of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13031(b)) for members of the Armed Forces and
their dependents, that gives reason to suspect that a child
in the family or home of the member has suffered an inci-
dent of child abuse.
(2) REGULATIONS.—The Secretary of Defense and the Sec-
retary of Homeland Security (with respect to the Coast Guard
when it is not operating as a service in the Navy) shall jointly
prescribe regulations to carry out this subsection.
(3) CHILD ABUSE DEFINED.—In this subsection, the term
‘‘child abuse’’ has the meaning given that term in section 226(c)
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031(c)).
(b) REPORTS TO STATE CHILD WELFARE SERVICES.—Section 226
of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13031) is
amended—
(1) in subsection (a), by inserting ‘‘ and to the agency or
agencies provided for in subsection (e), if applicable’’ before the
period;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) REPORTERS AND RECIPIENT OF REPORT INVOLVING CHIL-
DREN 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 De-
fense, and the Secretary of Homeland Security (with respect to
the Coast Guard when it is not operating as a service in the
Navy) shall jointly, in consultation with the chief executive offi-
cers 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
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reports under this section pursuant to this subsection, the per-

sons engaged in professions and activities described in sub-
section (b) shall include members of the Armed Forces who are

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 146

engaged in such professions and activities for members of the

Armed Forces and their dependents.’’.
SEC. 576. REPEAL OF ADVISORY COUNCIL ON DEPENDENTS’ EDU-
CATION.
Section 1411 of the Defense Dependents’ Education Act of 1978
(20 U.S.C. 929) is repealed.
SEC. 577. SUPPORT FOR PROGRAMS PROVIDING CAMP EXPERIENCE
FOR CHILDREN OF MILITARY FAMILIES.
(a) AUTHORITY TO PROVIDE SUPPORT.—The Secretary of Defense
may provide financial or non-monetary support to qualified non-
profit organizations in order to assist such organizations in car-
rying out programs to support the attendance at a camp, or camp-
like setting, of children of military families who have experienced
the death of a family member or other loved one or who have an-
other family member living with a substance use disorder or post-
traumatic stress disorder.
(b) APPLICATION FOR SUPPORT.—
(1) IN GENERAL.—Each organization seeking support pursu-
ant to subsection (a) shall submit to the Secretary of Defense an
application therefor containing such information as the Sec-
retary shall specify for purposes of this section.
(2) CONTENTS.—Each application submitted under para-
graph (1) shall include the following:
(A) A description of the program for which support is
being sought, including the location of the setting or set-
tings under the program, the duration of such setting or
settings, any local partners participating in or contributing
to the program, and the ratio of counselors, trained volun-
teers, or both to children at such setting or settings.
(B) An estimate of the number of children of military
families to be supported using the support sought.
(C) A description of the type of activities that will be
conducted using the support sought, including the manner
in which activities are particularly supportive to children of
military families described in subsection (a).
(D) A description of the outreach conducted or to be
conducted by the organization to military families regard-
ing the program.
(c) USE OF SUPPORT.—Support provided by the Secretary of De-
fense to an organization pursuant to subsection (a) shall be used by
the organization to support attendance at a camp, or camp-like set-
ting, of children of military families described in subsection (a).
SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES ASSESS-
MENT AND REPORT ON EXCEPTIONAL FAMILY MEMBER
PROGRAMS.
(a) ASSESSMENT AND REPORT REQUIRED.—
(1) ASSESSMENT.—The Comptroller General of the United
States shall conduct an assessment on the effectiveness of each
Exceptional Family Member Program of the Armed Forces.
(2) REPORT.—Not later than December 31, 2017, the Comp-
troller General shall submit to the Committees on Armed Serv-
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ices of the Senate and the House of Representatives a report

containing the results of the assessment conducted under this
subsection.

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(b) ELEMENTS.—The assessment and report under subsection (a)

shall address the following:
(1) The differences between each Exceptional Family Mem-
ber Program of the Armed Forces.
(2) The manner in which Exceptional Family Member Pro-
grams are implemented on joint bases and installations.
(3) The extent to which military family members are
screened for potential coverage under an Exceptional Family
Member Program and the manner of such screening.
(4) The degree to which conditions of military family mem-
bers who qualify for coverage under an Exceptional Family
Member Program are taken into account in making assign-
ments of military personnel.
(5) The types of services provided to address the needs of
military family members who qualify for coverage under an Ex-
ceptional Family Member Program.
(6) The extent to which the Department of Defense has im-
plemented specific directives for providing family support and
enhanced case management services, such as special needs
navigators, to military families with special needs children.
(7) The extent to which the Department has conducted peri-
odic reviews of best practices in the United States for the provi-
sion of medical and educational services to military family
members with special needs.
(8) The necessity in the Department for an advisory panel
on community support for military families members with spe-
cial needs.
(9) The development and implementation of the uniform
policy for the Department regarding families with special needs
required by section 1781c(e) of title 10, United States Code.
(10) The implementation by each Armed Force of the rec-
ommendations in the Government Accountability Report enti-
tled ‘‘Military Dependent Students, Better Oversight Needed to
Improve Services for Children with Special Needs’’ (GAO–12–
680).
SEC. 579. IMPACT AID AMENDMENTS.
(a) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.—Notwith-
standing section 5(d) of the Every Student Succeeds Act (Public Law
114–95; 129 Stat. 1806), the amendment made by section 7004(1) of
such Act (Public Law 114–95; 129 Stat. 2077)—
(1) for fiscal year 2016—
(A) shall be applied as if amending section
8003(a)(5)(A) of the Elementary and Secondary Education
Act of 1965, as in effect on the day before the date of enact-
ment of the Every Student Succeeds Act (Public Law 114–
95; 129 Stat. 1802); and
(B) shall be applicable with respect to appropriations
for use under title VIII of the Elementary and Secondary
Education Act of 1965 (Public Law 114–95; 129 Stat.
1802); and
(2) for fiscal year 2017 and each succeeding fiscal year,
shall be in effect with respect to appropriations for use under
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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).

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 148

(b) ELIGIBILITY FOR HEAVILY IMPACTED LOCAL EDUCATIONAL

AGENCIES.—
(1) AMENDMENT.—Subclause (I) of section 7003(b)(2)(B)(i)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)(2)(B)(i)(I)) is amended to read as follows:
‘‘(I) is a local educational agency—
‘‘(aa) whose boundaries are the same as a
Federal military installation; or
‘‘(bb)(AA) whose boundaries are the same
as an island property designated by the Sec-
retary 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 Suc-
ceeds Act.
(c) SPECIAL RULE REGARDING THE PER-PUPIL EXPENDITURE RE-
QUIREMENT.—
(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 applica-
tion 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 edu-
cational 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 re-
ceived 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 expendi-
ture of the State in which the agency is located or the aver-
age per-pupil expenditure of all States (whichever average
per-pupil expenditure is greater), except that a local edu-
cational 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
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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—

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 149

(i) has a total student enrollment of 350 or more

students and a per-pupil expenditure that is less than
the average per-pupil expenditure of the State in which
the agency is located; or
(ii) has a total student enrollment of less than 350
students and a per-pupil expenditure that is less than
the average per-pupil expenditure of a comparable local
educational agency or 3 comparable local educational
agencies (whichever average per-pupil expenditure is
greater), in the State in which the agency is located.
(d) PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN.—
(1) AMENDMENTS.—Section 7003(b)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), as
amended by subsection (b) and sections 7001 and 7004 of the
Every Student Succeeds Act (Public Law 114–95; 129 Stat.
2074, 2077), is further amended—
(A) in subclause (IV) of subparagraph (B)(i)—
(i) in the matter preceding item (aa), by inserting
‘‘received a payment for fiscal year 2015 under section
8003(b)(2)(E) (as such section was in effect for such fis-
cal year) and’’ before ‘‘has’’;
(ii) in item (aa), by striking ‘‘50’’ and inserting
‘‘35’’; and
(iii) by striking item (bb) and inserting the fol-
lowing:
‘‘(bb)(AA) not less than 3,500 of such chil-
dren 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).’’;
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(ii) in clause (ii), by striking ‘‘shall be 1.35.’’ and

inserting the following: ‘‘shall be—
‘‘(I) for fiscal year 2016, 1.35;

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 150

‘‘(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 de-
scribed in clause (i), the factor used in determining the
weighted student units under subsection (a)(2) with re-
spect 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 de-
scribed in subparagraphs (A) and (B) of subsection
(a)(1) for a local educational agency subject to this sub-
paragraph 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 deter-
mine the weighted student units under subsection
(a)(2) with respect to children described in sub-
paragraphs (A) and (B) of subsection (a)(1) shall
be 1.40; and
‘‘(II) the factor used, for such fiscal year, to de-
termine the weighted student units under sub-
section (a)(2) with respect to children described in
subsection (a)(1)(D) shall be .20.’’.
(2) EFFECTIVE DATE.—The amendments made by para-
graph (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.—Notwith-
standing any other provision of law, in making basic sup-
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port 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

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 151

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 Suc-
ceeds 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 eligi-
ble for a basic support payment under subclause (IV) of sec-
tion 7003(b)(2)(B)(i) of the Elementary and Secondary Edu-
cation 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 sub-
paragraph (A), such local educational agency shall be ineli-
gible 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 enact-
ment of this Act, a local educational agency receives 1 or
more payments under section 8003(b)(2)(E) of the Elemen-
tary 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 deter-
mines 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 eli-
gible to receive any additional payment under such sec-
tion for fiscal year 2016.
Subtitle I—Decorations and Awards
SEC. 581. POSTHUMOUS ADVANCEMENT OF COLONEL GEORGE E.
‘‘BUD’’ DAY, UNITED STATES AIR FORCE, ON THE RETIRED
LIST.
(a) ADVANCEMENT.—Colonel George E. ‘‘Bud’’ Day, United
States Air Force (retired), is entitled to hold the rank of brigadier
general while on the retired list of the Air Force.
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement
of George E. ‘‘Bud’’ Day on the retired list of the Air Force under
subsection (a) shall not affect the retired pay or other benefits from
the United States to which George E. ‘‘Bud’’ Day would have been
entitled based upon his military service or affect any benefits to
which any other person may become entitled based on his military
service.
SEC. 582. AUTHORIZATION FOR AWARD OF MEDALS FOR ACTS OF
VALOR DURING CERTAIN CONTINGENCY OPERATIONS.
(a) AUTHORIZATION.—Notwithstanding the time limitations
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specified in sections 3744, 6248, and 8744 of title 10, United States
Code, or any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the

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 152

President may award a medal specified in subsection (c) to a mem-

ber or former member of the Armed Forces identified as warranting
award of that medal pursuant to the review of valor award nomina-
tions for Operation Enduring Freedom, Operation Iraqi Freedom,
Operation New Dawn, Operation Freedom’s Sentinel, and Operation
Inherent Resolve that was directed by the Secretary of Defense on
January 7, 2016.
(b) AWARD OF MEDAL OF HONOR.—If, pursuant to the review re-
ferred to in subsection (a), the President decides to award to a mem-
ber or former member of the Armed Forces the Medal of Honor, the
medal may only be awarded after the Secretary of Defense submits
to the Committees on Armed Services of the Senate and the House
of Representatives a letter identifying the intended recipient of the
Medal of Honor and the rationale for awarding the Medal of Honor
to such intended recipient.
(c) MEDALS.—The medals covered by subsection (a) are any of
the following:
(1) The Medal of Honor under section 3741, 6241, or 8741
of title 10, United States Code.
(2) The Distinguished-Service Cross under section 3742 of
such title.
(3) The Navy Cross under section 6242 of such title.
(4) The Air Force Cross under section 8742 of such title.
(5) The Silver Star under section 3746, 6244, or 8746 of
such title.
(d) TERMINATION.—No medal may be awarded under the au-
thority of this section after December 31, 2019.
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
GARY M. ROSE AND JAMES C. MCCLOUGHAN FOR ACTS OF
VALOR DURING THE VIETNAM WAR.
(a) GARY M. ROSE.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the Presi-
dent is authorized to award the Medal of Honor under section
3741 of such title to Gary M. Rose for the acts of valor described
in paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor referred
to in paragraph (1) are the actions of Gary M. Rose in Laos
from September 11 through 14, 1970, during the Vietnam War
while a member of the United States Army, Military Assistance
Command Vietnam-Studies and Observation Group
(MACVSOG).
(b) JAMES C. MCCLOUGHAN.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the Presi-
dent is authorized to award the Medal of Honor under section
3741 of such title to James C. McCloughan for the acts of valor
described in paragraph (2).
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(2) ACTS OF VALOR DESCRIBED.—The acts of valor referred

to in paragraph (1) are the actions of James C. McCloughan
during combat operations between May 13, 1969, and May 15,

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 153

1969, while serving as a Combat Medic with Company C, 3d

Battalion, 21st Infantry, 196th Light Infantry Brigade, Amer-
ican Division, Republic of Vietnam, for which he was previously
awarded the Bronze Star Medal with ‘‘V’’ Device.
SEC. 584. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE
CROSS TO FIRST LIEUTENANT MELVIN M. SPRUIELL FOR
ACTS OF VALOR DURING WORLD WAR II.
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the Secretary of
the Army may award the Distinguished-Service Cross under section
3742 of such title to First Lieutenant Melvin M. Spruiell of the
Army for the acts of valor during World War II described in sub-
section (b).
(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred to
in subsection (a) are the actions of First Lieutenant Melvin M.
Spruiell on June 10 and 11, 1944, as a member of the Army serving
in France with the 377th Parachute Field Artillery, 101st Airborne
Division.
SEC. 585. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERV-
ICE 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) Jo-
seph Verbis LaFleur while interned as a prisoner-of- war by Japan
from December 30, 1941, to September 7, 1944.
SEC. 586. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CER-
TAIN ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER WAR VETERANS.
(a) REVIEW REQUIRED.—The Secretary of each military depart-
ment shall review the service records of each Asian American and
Native American Pacific Islander war veteran described in sub-
section (b) to determine whether that veteran should be awarded the
Medal of Honor.
(b) COVERED VETERANS.—The Asian American and Native
American Pacific Islander war veterans whose service records are to
be reviewed under subsection (a) are any former members of the
Armed Forces whose service records identify them as an Asian
American or Native American Pacific Islander war veteran who was
awarded the Distinguished-Service Cross, the Navy Cross, or the Air
Force Cross during the Korean War or the Vietnam War.
(c) CONSULTATIONS.—In carrying out the review under sub-
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section (a), the Secretary of each military department shall consult

with such veterans service organizations as the Secretary considers
appropriate.

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(d) RECOMMENDATIONS BASED ON REVIEW.—If the Secretary

concerned determines, based upon the review under subsection (a) of
the service records of any Asian American or Native American Pa-
cific Islander war veteran, that the award of the Medal of Honor to
that veteran is warranted, the Secretary shall submit to the Presi-
dent a recommendation that the President award the Medal of
Honor to that veteran.
(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of
Honor may be awarded to an Asian American or Native American
Pacific Islander war veteran in accordance with a recommendation
of the Secretary concerned under subsection (d).
(f) CONGRESSIONAL NOTIFICATION.—No Medal of Honor may be
awarded pursuant to subsection (e) until the Secretary of Defense
submits to the Committees on Armed Services of the Senate and the
House of Representatives notice of the recommendations under sub-
section (d), including the name of each Asian American or Native
American Pacific Islander war veteran recommended to be awarded
a Medal of Honor and the rationale for such recommendation.
(g) WAIVER OF TIME LIMITATIONS.—An award of the Medal of
Honor may be made under subsection (e) without regard to—
(1) section 3744, 6248, or 8744 of title 10, United States
Code, as applicable; and
(2) any regulation or other administrative restriction on—
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished-Service Cross, Navy Cross, or Air
Force Cross has been awarded.
(h) DEFINITION.—In this section, the term ‘‘Native American Pa-
cific Islander’’ means a Native Hawaiian or Native American Pa-
cific Islander, as those terms are defined in section 815 of the Native
American Programs Act of 1974 (42 U.S.C. 2992c).
Subtitle J—Miscellaneous Reports and Other Matters
SEC. 591. REPEAL OF REQUIREMENT FOR A CHAPLAIN AT THE UNITED
STATES AIR FORCE ACADEMY APPOINTED BY THE PRESI-
DENT.
(a) REPEAL.—Section 9337 of title 10, United States Code, is re-
pealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 903 of such title is amended by striking the item re-
lated to section 9337.
SEC. 592. EXTENSION OF LIMITATION ON REDUCTION IN NUMBER OF
MILITARY AND CIVILIAN PERSONNEL ASSIGNED TO DUTY
WITH SERVICE REVIEW AGENCIES.
Section 1559(a) of title 10, United States Code, is amended by
striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2019’’.
SEC. 593. ANNUAL REPORTS ON PROGRESS OF THE ARMY AND THE MA-
RINE CORPS IN INTEGRATING WOMEN INTO MILITARY OC-
CUPATIONAL SPECIALITIES AND UNITS RECENTLY
OPENED TO WOMEN.
(a) REPORTS REQUIRED.—Not later than April 1, 2017, and
each year thereafter through 2020, the Chief of Staff of the Army
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and the Commandant of the Marine Corps shall each submit to the
Committees on Armed Services of the Senate and the House of Rep-
resentatives a report on the current status of the implementation by

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the Army and the Marine Corps, respectively, of the policy of Sec-
retary 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 pro-
gram.
(3) Success rates in Initial Screening Tests and Military
Occupational Speciality (MOS) Classification Standards for
newly-opened ground combat military occupational specialties,
by gender.
(4) Attrition rates and the top three causes of attrition
throughout the Entry Level Training continuum, by gender and
military occupational specialty.
(5) Reclassification rates and the top three causes of reclas-
sification throughout the Entry Level Training continuum, by
gender and military occupational specialty.
(6) Injury rates and the top five causes of injury throughout
the Entry Level Training continuum, by gender and military oc-
cupational specialty.
(7) Injury rates and nondeployability rates in newly-opened
ground combat military occupational specialties, by gender and
military occupational specialty.
(8) Lateral move approval rates into newly-opened military
occupational specialties, by gender and military occupational
specialty.
(9) Reenlistment and retention rates in newly-opened
ground combat military occupational specialties, by gender and
military occupational specialty.
(10) Promotion rates in newly-opened ground combat mili-
tary occupational specialties, by grade and gender.
(11) Actions taken to address matters relating to equipment
sizing and supply, and facilities, in connection with the imple-
mentation by such Armed Force of the policy referred to in
paragraph (1).
(c) APPLICABILITY TO SOCOM.—In addition to the reports re-
quired by subsection (a), the Commander of the United States Spe-
cial 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 sta-
tus of the implementation by the United States Special Operations
Command of the policy of Secretary of Defense referred to in sub-
section (a). Each report shall include the matters specified in sub-
section (b) with respect to the United States Special Operations
Command.
SEC. 594. REPORT ON FEASABILITY OF ELECTRONIC TRACKING OF
OPERATIONAL ACTIVE-DUTY SERVICE PERFORMED BY
MEMBERS OF THE READY RESERVE OF THE ARMED
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FORCES.
Not later than March 1, 2017, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the

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House of Representatives a report on the feasability of establishing

an electronic means by which members of the Ready Reserve of the
Armed Forces can track their operational active-duty service per-
formed after January 28, 2008, under section 12301(a), 12301(d),
12301(g), 12302, or 12304 of title 10, United States Code. The
means assessed for purposes of the report shall include a tour calcu-
lator that specifies early retirement credit authorized for each quali-
fying tour of active duty, as well as cumulative early reserve retire-
ment credit authorized to date under section 12731(f) of such title.
SEC. 595. REPORT ON DISCHARGE BY WARRANT OFFICERS OF PILOT
AND OTHER FLIGHT OFFICER POSITIONS IN THE NAVY,
MARINE CORPS, AND AIR FORCE CURRENTLY DIS-
CHARGED 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 Sec-
retary of the Air Force shall each submit to the Committees on
Armed Services of the Senate and the House of Representatives a re-
port 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 dis-
charged 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 po-
sitions that are currently discharged by commissioned officers.
(2) An identification of each such position, if any, for which
the discharge by warrant officers is assessed to be feasible and
advisable.
SEC. 596. BODY MASS INDEX TEST.
(a) REVIEW REQUIRED.—Each Secretary of a military depart-
ment shall review—
(1) the current body mass index test procedure used by each
Armed Force under the jurisdiction of that Secretary; and
(2) other methods to measure body fat with a more holistic
health and wellness approach.
(b) ELEMENTS.—The review required under subsection (a)
shall—
(1) address nutrition counseling;
(2) determine the best methods to be used by the Armed
Forces to assess body fat percentages; and
(3) improve the accuracy of body fat measurements.
SEC. 597. REPORT ON CAREER PROGRESSION TRACKS OF THE ARMED
FORCES FOR WOMEN IN COMBAT ARMS UNITS.
Not later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report set-
ting 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
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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.

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(4) The career progression track for laterally transferred

women as enlisted members in combat arms units of such
Armed Force.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
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 al-
lowance for housing under certain circumstances.
Sec. 604. Reports on a new single-salary pay system for members of the Armed
Forces.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for reserve
forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for health
care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
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 bo-
nuses and special pays.
Sec. 616. Aviation incentive pay and bonus matters.
Sec. 617. Conforming amendment to consolidation of special pay, incentive pay, and
bonus authorities.
Sec. 618. Technical amendments relating to 2008 consolidation of certain special
pay authorities.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Maximum reimbursement amount for travel expenses of members of the
Reserves attending inactive duty training outside of normal commuting
distances.
Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits
PART I—AMENDMENTS IN CONNECTION WITH RETIRED PAY REFORM
Sec. 631. Election period for members in the service academies and inactive Reserves
to participate in the modernized retirement system.
Sec. 632. Effect of separation of members from the uniformed services on participa-
tion in the Thrift Savings Plan.
Sec. 633. Continuation pay for full Thrift Savings Plan members who have com-
pleted 8 to 12 years of service.
Sec. 634. Combat-related special compensation coordinating amendment.
PART II—OTHER MATTERS
Sec. 641. Use of member’s current pay grade and years of service and retired pay
cost-of-living adjustments, rather than final retirement pay grade and
years of service, in a division of property involving disposable retired
pay.
Sec. 642. Equal benefits under Survivor Benefit Plan for survivors of reserve compo-
nent members who die in the line of duty during inactive-duty training.
Sec. 643. Authority to deduct Survivor Benefit Plan premiums from combat-related
special compensation when retired pay not sufficient.
Sec. 644. Extension of allowance covering monthly premium for Servicemembers’
Group Life Insurance while in certain overseas areas to cover members
in any combat zone or overseas direct support area.
Sec. 645. Authority for payment of pay and allowances and retired and retainer pay
pursuant to power of attorney.
Sec. 646. Extension of authority to pay special survivor indemnity allowance under
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the Survivor Benefit Plan.

Sec. 647. Repeal of obsolete authority for combat-related injury rehabilitation pay.
Sec. 648. Independent assessment of the Survivor Benefit Plan.

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Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and
Operations
Sec. 661. Protection and enhancement of access to and savings at commissaries and
exchanges.
Sec. 662. Acceptance of Military Star Card at commissaries.

Subtitle F—Other Matters

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

Subtitle A—Pay and Allowances

SEC. 601. FISCAL YEAR 2017 INCREASE IN MILITARY BASIC PAY.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to
become effective during fiscal year 2017 required by section 1009 of
title 37, United States Code, in the rates of monthly basic pay au-
thorized members of the uniformed services shall not be made.
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2017, the
rates of monthly basic pay for members of the uniformed services
are increased by 2.1 percent.
SEC. 602. PUBLICATION BY DEPARTMENT OF DEFENSE OF ACTUAL
RATES OF BASIC PAY PAYABLE TO MEMBERS OF THE
ARMED FORCES BY PAY GRADE FOR ANNUAL OR OTHER
PAY PERIODS.
Any pay table published or otherwise issued by the Department
of Defense to indicate the rates of basic pay of the Armed Forces in
effect for members of the Armed Forces for a calendar year or other
period shall state the rate of basic pay to be received by members
in each pay grade for such year or period as specified or otherwise
provided by applicable law, including any rate to be so received pur-
suant 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 provi-
sion in an annual defense authorization Act.
SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY IN-
CREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING
UNDER CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended
by striking ‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’.
SEC. 604. REPORTS ON A NEW SINGLE-SALARY PAY SYSTEM FOR MEM-
BERS OF THE ARMED FORCES.
(a) REPORT ON PLAN TO IMPLEMENT NEW PAY STRUCTURE.—
Not later than March 1, 2017, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representative a report that sets forth the following:
(1) The military pay tables as of January 1, 2017, reflecting
the Regular Military Compensation of members of the Armed
Forces as of that date in the range of grades, dependency
statuses, and assignment locations.
(2) A comprehensive description of the manner in which the
Department of Defense would begin, by not later than January
1, 2018, to implement a transition between the current pay
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structure for members of the Armed Forces and a new pay

structure for members of the Armed Forces as provided for by
this section.

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(b) REPORT ON ELEMENTS OF NEW PAY STRUCTURE.—Not later

than January 1, 2018, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representative a
report that sets forth the following:
(1) A description and comparison of the current pay struc-
ture for members of the Armed Forces and a new pay structure
for members of the Armed Forces, including new pay tables,
that uses a single-salary pay system (as adjusted by the same
cost-of-living adjustment that the Department of Defense uses
worldwide for civilian employees) based on the assumptions in
subsection (c).
(2) A proposal for such legislative and administrative ac-
tion as the Secretary considers appropriate to implement the
new pay structure, and to provide for a transition between the
current pay structure and the new pay structure.
(3) A comprehensive schedule for the implementation of the
new pay structure and for the transition between the current
pay structure and the new pay structure, including all signifi-
cant deadlines.
(c) NEW PAY STRUCTURE.—The new pay structure described
pursuant to subsection (b)(1) shall assume the repeal of the basic al-
lowance for housing and basic allowance subsistence for members
of the Armed Forces in favor of a single-salary pay system, and
shall include the following:
(1) A statement of pay comparability with the civilian sec-
tor adequate to effectively recruit and retain a high-quality All-
Volunteer Force.
(2) The level of pay necessary by grade and years of service
to meet pay comparability as described in paragraph (1) in
order to recruit and retain a high-quality All-Volunteer Force.
(3) Necessary modifications to the military retirement sys-
tem, including the retired pay multiplier, to ensure that mem-
bers of the Armed Forces under the pay structure are situated
similarly to where they would otherwise be under the military
retirement system that will take effect on January 1, 2018, by
reason part I of subtitle D of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
842), and the amendments made by that part.
(d) COST CONTAINMENT.—The single-salary pay system under
the new pay structure provided for by this section shall be a single-
salary pay system that will result in no or minimal additional costs
to the Government, both in terms of annual discretionary outlays
and entitlements, when compared with the continuation of the cur-
rent pay system for members of the Armed Forces.
Subtitle B—Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR RESERVE FORCES.
The following sections of title 37, United States Code, are
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December
31, 2017’’:
(1) Section 308b(g), relating to Selected Reserve reenlist-
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ment bonus.
(2) Section 308c(i), relating to Selected Reserve affiliation
or enlistment bonus.

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(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 ex-
penses 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 fre-
quent mobilization for active duty service.
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) TITLE 10 AUTHORITIES.—The following sections of title 10,
United States Code, are amended by striking ‘‘December 31, 2016’’
and inserting ‘‘December 31, 2017’’:
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(b) TITLE 37 AUTHORITIES.—The following sections of title 37,
United States Code, are amended by striking ‘‘December 31, 2016’’
and inserting ‘‘December 31, 2017’’:
(1) Section 302c-1(f), relating to accession and retention bo-
nuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for reg-
istered nurses.
(3) Section 302e(a)(1), relating to incentive special pay for
nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected Re-
serve health professionals in critically short wartime specialties.
(5) Section 302h(a)(1), relating to accession bonus for den-
tal officers.
(6) Section 302j(a), relating to accession bonus for phar-
macy officers.
(7) Section 302k(f), relating to accession bonus for medical
officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AU-
THORITIES 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-quali-
fied officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
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bonus.
(3) Section 312c(d), relating to nuclear career annual incen-
tive bonus.

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 161
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE
37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND
BONUS AUTHORITIES.
The following sections of title 37, United States Code, are
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December
31, 2017’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(4) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(5) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(6) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers’ Train-
ing 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 pro-
ficiency bonus.
(10) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAY-
MENT 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 pro-
ficiency.
(6) Section 324(g), relating to accession bonus for new offi-
cers in critical skills.
(7) Section 326(g), relating to incentive bonus for conversion
to military occupational specialty to ease personnel shortage.
(8) Section 327(h), relating to incentive bonus for transfer
between Armed Forces.
(9) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. AVIATION INCENTIVE PAY AND BONUS MATTERS.
(a) MAXIMUM INCENTIVE PAY AND BONUS AMOUNTS.—Para-
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graph (1) of section 334(c) of title 37, United States Code, is amend-
ed by striking subparagraphs (A) and (B) and inserting the fol-
lowing new subparagraphs:

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‘‘(A) aviation incentive pay under subsection (a) shall

be paid at a monthly rate not to exceed $1,000 per month;
and
‘‘(B) an aviation bonus under subsection (b) may not
exceed $35,000 for each 12-month period of obligated serv-
ice agreed to under subsection (d).’’.
(b) ANNUAL BUSINESS CASE FOR PAYMENT OF AVIATION
BONUS.—Such section is further amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) ANNUAL BUSINESS CASE FOR PAYMENT OF AVIATION
BONUS AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary concerned shall deter-
mine the amount of the aviation bonus payable under para-
graph (1)(B) under agreements entered into under sub-
section (d) during a fiscal year solely through a business
case analysis of the amount required to be paid under such
agreements in order to address anticipated manning short-
falls for such fiscal year by aircraft type category.
‘‘(B) BUDGET JUSTIFICATION DOCUMENTS.—The budget
justification documents in support of the budget of the
President for a fiscal year (as submitted to Congress pursu-
ant to section 1105 of title 31) shall set forth for each uni-
formed service the following:
‘‘(i) The amount requested for the payment of avia-
tion bonuses under subsection (b) using amounts au-
thorized to be appropriated for the fiscal year con-
cerned by aircraft type category.
‘‘(ii) The business case analysis supporting the
amount so requested by aircraft type category.
‘‘(iii) For each aircraft type category, whether or
not the amount requested will permit the payment dur-
ing the fiscal year concerned of the maximum amount
of the aviation bonus authorized by paragraph (1)(B).
‘‘(iv) If any amount requested is to address man-
ning shortfalls, a description of any plans of the Sec-
retary concerned to address such shortfalls by non-
monetary means.’’.
SEC. 617. CONFORMING AMENDMENT TO CONSOLIDATION OF SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.
Section 332(c)(1)(B) of title 37, United States Code, is amended
by striking ‘‘$12,000’’ and inserting ‘‘$20,000’’.
SEC. 618. TECHNICAL AMENDMENTS RELATING TO 2008 CONSOLIDA-
TION OF CERTAIN SPECIAL PAY AUTHORITIES.
(a) FAMILY CARE PLANS.—Section 586 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10
U.S.C. 991 note) is amended by inserting ‘‘or 351’’ after ‘‘section
310’’.
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(b) DEPENDENTS’ MEDICAL CARE.—Section 1079(g)(1) of title 10,

United States Code, is amended by inserting ‘‘or 351’’ after ‘‘section
310’’.

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 163

(c) RETENTION ON ACTIVE DUTY DURING DISABILITY EVALUA-

TION PROCESS.—Section 1218(d)(1) of title 10, United States Code,
is amended by inserting ‘‘or 351’’ after ‘‘section 310’’.
(d) STORAGE SPACE.—Section 362(1) of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 (Public Law
109–364; 10 U.S.C. 2825 note) is amended by inserting ‘‘, or para-
graph (1) or (3) of section 351(a),’’ after ‘‘section 310’’.
(e) STUDENT ASSISTANCE PROGRAMS.—Sections 455(o)(3)(B)
and 465(a)(2)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087e(o)(3)(B), 1087ee(a)(2)(D)) are amended by inserting ‘‘, or para-
graph (1) or (3) of section 351(a),’’ after ‘‘section 310’’.
(f) ARMED FORCES RETIREMENT HOME.—Section 1512(a)(3)(A)
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
412(a)(3)(A)) is amended by inserting ‘‘or 351’’ after ‘‘section 310’’.
(g) VETERANS OF FOREIGN WARS MEMBERSHIP.—Section
230103(3) of title 36, United States Code, is amended by inserting
‘‘or 351’’ after ‘‘section 310’’.
(h) MILITARY PAY AND ALLOWANCES.—Title 37, United States
Code, is amended—
(1) in section 212(a), by inserting ‘‘, or paragraph (1) or (3)
of section 351(a),’’ after ‘‘section 310’’;
(2) in section 402a(b)(3)(B), by inserting ‘‘or 351’’ after ‘‘sec-
tion 310’’;
(3) in section 481a(a), by inserting ‘‘or 351’’ after ‘‘section
310’’;
(4) in section 907(d)(1)(H), by inserting ‘‘or 351’’ after ‘‘sec-
tion 310’’; and
(5) in section 910(b)(2)(B), by inserting ‘‘, or paragraph (1)
or (3) of section 351(a),’’ after ‘‘section 310’’.
(i) EXCLUSIONS FROM INCOME FOR PURPOSE OF SUPPLEMENTAL
SECURITY INCOME.—Section 1612(b)(20) of the Social Security Act
(42 U.S.C. 1382a(b)(20)) is amended by inserting ‘‘, or paragraph (1)
or (3) of section 351(a),’’ after ‘‘section 310’’.
(j) EXCLUSIONS FROM INCOME FOR PURPOSE OF HEAD START
PROGRAM.—Section 645(a)(3)(B)(i) of the Head Start Act (42 U.S.C.
9840(a)(3)(B)(i)) is amended by inserting ‘‘or 351’’ after ‘‘section
310’’.
(k) EXCLUSIONS FROM GROSS INCOME FOR FEDERAL INCOME
TAX PURPOSES.—Section 112(c)(5)(B) of the Internal Revenue Code
of 1986 is amended by inserting ‘‘, or paragraph (1) or (3) of section
351(a),’’ after ‘‘section 310’’.
Subtitle C—Travel and Transportation Allowances
SEC. 621. MAXIMUM REIMBURSEMENT AMOUNT FOR TRAVEL EX-
PENSES OF MEMBERS OF THE RESERVES ATTENDING IN-
ACTIVE DUTY TRAINING OUTSIDE OF NORMAL COM-
MUTING DISTANCES.
Section 478a(c) of title 37, United States Code, is amended—
(1) by striking ‘‘The amount’’ and inserting the following:
‘‘(1) Except as provided by paragraph (2), the amount’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Secretary concerned may authorize, on a case-by-case
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basis, a higher reimbursement amount for a member under sub-

section (a) when the member—
‘‘(A) resides—

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‘‘(i) in the same State as the training location; and

‘‘(ii) outside of an urbanized area with a population of
50,000 or more, as determined by the Bureau of the Census;
and
‘‘(B) is required to commute to a training location—
‘‘(i) using an aircraft or boat on account of limited or
nonexistent vehicular routes to the training location or
other geographical challenges; or
‘‘(ii) from a permanent residence located more than 75
miles from the training location.’’.
Subtitle D—Disability Pay, Retired Pay, and Survivor
Benefits

PART I—AMENDMENTS IN CONNECTION WITH

RETIRED PAY REFORM
SEC. 631. ELECTION PERIOD FOR MEMBERS IN THE SERVICE ACAD-
EMIES 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, mid-
shipman, or member of the Senior Reserve Officers’
Training Corps during the election period specified in
clause (i) shall make the election described in subpara-
graph (B)—
‘‘(I) on or after the date on which such cadet,
midshipman, or member of the Senior Reserve Of-
ficers’ Training Corps is appointed as a commis-
sioned 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 Na-
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tional Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 129 Stat. 842), to which the amendments made by sub-
section (a) relate.

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SEC. 632. EFFECT OF SEPARATION OF MEMBERS FROM THE UNI-
FORMED SERVICES ON PARTICIPATION IN THE THRIFT
SAVINGS PLAN.
Effective as of the date of the enactment of this Act, paragraph
(2) of section 632(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 847) is repealed,
and the amendment proposed to be made by that paragraph shall
not be made or go into effect.
SEC. 633. CONTINUATION PAY FOR FULL THRIFT SAVINGS PLAN MEM-
BERS WHO HAVE COMPLETED 8 TO 12 YEARS OF SERVICE.
(a) CONTINUATION PAY.—Subsection (a) of section 356 of title
37, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
‘‘(1) has completed not less than 8 and not more than 12
years of service in a uniformed service; and’’; and
(2) in paragraph (2), by striking ‘‘an additional 4 years’’
and inserting ‘‘not less than 3 additional years’’.
(b) PAYMENT AMOUNT.—Subsection (b) of such section is
amended by striking all the matter preceding paragraph (1) and in-
serting the following:
‘‘(b) PAYMENT AMOUNT.—The Secretary concerned shall deter-
mine the payment amount under this section as a multiple of a full
TSP member’s monthly basic pay. The multiple for a full TSP mem-
ber who is a member of a regular component or a reserve compo-
nent, if the member is performing active Guard and Reserve duty
(as defined in section 101(d)(6) of title 10), shall not be less than
2.5 times the member’s monthly basic pay. The multiple for a full
TSP member who is a member of a reserve component not per-
forming active Guard or Reserve duty (as so defined) shall not be
less than 0.5 times the monthly basic pay to which the member
would be entitled if the member were a member of a regular compo-
nent. The maximum amount the Secretary concerned may pay a
member under this section is—’’.
(c) TIMING OF PAYMENT.—Subsection (d) of such section is
amended to read as follows:
‘‘(d) TIMING OF PAYMENT.—The Secretary concerned shall pay
continuation pay under subsection (a) to a full TSP member when
the member has completed not less than 8 and not more than 12
years of service in a uniformed service.’’.
(d) CONFORMING AND CLERICAL AMENDMENTS.—
(1) HEADING.—The heading of such section is amended to
read as follows:
‘‘§ 356. Continuation pay: full TSP members with 8 to 12 years
of service’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 5 of such title is amended by striking the item
relating to section 356 and inserting the following new item:
‘‘356. Continuation pay: full TSP members with 8 to 12 years of service.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2018, immediately after the coming
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into effect of the amendments providing for section 356 of title 37,
United States Code, to which the amendments made by this section
relate.

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SEC. 634. COMBAT-RELATED SPECIAL COMPENSATION COORDINATING
AMENDMENT.
(a) IN GENERAL.—Section 1413a(b)(3)(B) of title 10, United
States Code, is amended by striking ‘‘21⁄2 percent’’ and inserting ‘‘the
retired pay percentage (determined for the member under section
1409(b) of this title)’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 2018, immediately after the coming
into effect of the amendments made by part I of subtitle D of title
VI of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114–92; 129 Stat. 842), to which the amendment made
by subsection (a) relates.

PART II—OTHER MATTERS

SEC. 641. USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF
SERVICE AND RETIRED PAY COST-OF-LIVING ADJUST-
MENTS, RATHER THAN FINAL RETIREMENT PAY GRADE
AND YEARS OF SERVICE, IN A DIVISION OF PROPERTY IN-
VOLVING DISPOSABLE RETIRED PAY.
(a) IN GENERAL.—Section 1408(a)(4) of title 10, United States
Code, is amended—
(1) by redesignating subparagraphs (A), (B), (C), (D) as
clauses (i), (ii), (iii), (iv), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(3) in subparagraph (A), as designated by paragraph (2), by
inserting ‘‘(as determined pursuant to subparagraph (B)’’ after
‘‘member is entitled’’; and
(4) by adding at the end the following new subparagraph:
‘‘(B) For purposes of subparagraph (A), the total monthly
retired pay to which a member is entitled shall be—
‘‘(i) the amount of basic pay payable to the member for
the member’s pay grade and years of service at the time of
the court order, as increased by
‘‘(ii) each cost-of-living adjustment that occurs under
section 1401a(b) of this title between the time of the court
order and the time of the member’s retirement using the ad-
justment provisions under that section applicable to the
member upon retirement.’’.
(b) APPLICATION OF AMENDMENTS.—The amendments made by
subsection (a) shall apply with respect to any division of property
as part of a final decree of divorce, dissolution, annulment, or legal
separation involving a member of the Armed Forces to which section
1408 of title 10, United States Code, applies that becomes final after
the date of the enactment of this Act.
SEC. 642. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR
SURVIVORS OF RESERVE COMPONENT MEMBERS WHO DIE
IN THE LINE OF DUTY DURING INACTIVE-DUTY TRAINING.
(a) TREATMENT OF INACTIVE-DUTY TRAINING IN SAME MANNER
AS ACTIVE DUTY.—Section 1451(c)(1)(A) of title 10, United States
Code, is amended—
(1) in clause (i)—
(A) by inserting ‘‘or 1448(f)’’ after ‘‘section 1448(d)’’;
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and
(B) by inserting ‘‘or (iii)’’ after ‘‘clause (ii)’’; and
(2) in clause (iii)—

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(A) by striking ‘‘section 1448(f) of this title’’ and insert-

ing ‘‘section 1448(f)(1)(A) of this title by reason of the death
of a member or former member not in line of duty’’; and
(B) by striking ‘‘active service’’ and inserting ‘‘service’’.
(b) CONSISTENT TREATMENT OF DEPENDENT CHILDREN.—Para-
graph (2) of section 1448(f) of title 10, United States Code, is
amended to read as follows:
‘‘(2) DEPENDENT CHILDREN ANNUITY.—
‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.—
In the case of a person described in paragraph (1), the Sec-
retary concerned shall pay an annuity under this sub-
chapter to the dependent children of that person under sec-
tion 1450(a)(2) of this title as applicable.
‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE
SURVIVING SPOUSE.—The Secretary may pay an annuity
under this subchapter to the dependent children of a person
described in paragraph (1) under section 1450(a)(3) of this
title, if applicable, instead of paying an annuity to the sur-
viving spouse under paragraph (1), if the Secretary con-
cerned, in consultation with the surviving spouse, deter-
mines it appropriate to provide an annuity for the depend-
ent children under this paragraph instead of an annuity
for the surviving spouse under paragraph (1).’’.
(c) DEEMED ELECTIONS.—Section 1448(f) of title 10, United
States Code, is further amended by adding at the end the following
new paragraph:
‘‘(5) DEEMED ELECTION TO PROVIDE AN ANNUITY FOR DE-
PENDENT.—Paragraph (6) of subsection (d) shall apply in the
case of a member described in paragraph (1) who dies after No-
vember 23, 2003, when no other annuity is payable on behalf
of the member under this subchapter.’’.
(d) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY ALLOW-
ANCE.—Section 1450(m)(1)(B) of title 10, United States Code, is
amended by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’.
(e) APPLICATION OF AMENDMENTS.—
(1) PAYMENT.—No annuity benefit under subchapter II of
chapter 73 of title 10, United States Code, shall accrue to any
person by reason of the amendments made by this section for
any period before the date of the enactment of this Act.
(2) ELECTIONS.—For any death that occurred before the
date of the enactment of this Act with respect to which an annu-
ity under such subchapter is being paid (or could be paid) to
a surviving spouse, the Secretary concerned may, within six
months of that date and in consultation with the surviving
spouse, determine it appropriate to provide an annuity for the
dependent children of the decedent under paragraph
1448(f)(2)(B) of title 10, United States Code, as added by sub-
section (b), instead of an annuity for the surviving spouse. Any
such determination and resulting change in beneficiary shall be
effective as of the first day of the first month following the date
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of the determination.

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SEC. 643. AUTHORITY TO DEDUCT SURVIVOR BENEFIT PLAN PRE-
MIUMS 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 para-
graph (2):
‘‘(2) DEDUCTION FROM COMBAT-RELATED SPECIAL COM-
PENSATION 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 per-
son’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 pe-
riod.’’.
(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 re-
quired 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 compensa-
tion’’ 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 compensa-
tion’’ after ‘‘from retired pay’’.
(2) Section 1450(e) of such title is amended—
(A) in the subsection heading, by inserting ‘‘OR CRSC’’
after ‘‘RETIRED PAY’’; and
(B) in paragraph (1), by inserting ‘‘or combat-related
special compensation’’ after ‘‘from the retired pay’’.
SEC. 644. EXTENSION OF ALLOWANCE COVERING MONTHLY PREMIUM
FOR SERVICEMEMBERS’ GROUP LIFE INSURANCE WHILE
IN CERTAIN OVERSEAS AREAS TO COVER MEMBERS IN
ANY COMBAT ZONE OR OVERSEAS DIRECT SUPPORT
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AREA.
(a) EXPANSION OF COVERAGE.—Subsection (a) of section 437 of
title 37, United States Code, is amended—

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(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 oper-
ation in an area that—
‘‘(A) has been designated a combat zone; or
‘‘(B) is in direct support of an area that has been des-
ignated a combat zone.’’.
(b) CONFORMING AMENDMENTS.—
(1) CROSS-REFERENCE.—Subsection (b) of such section is
amended by striking ‘‘theater of operations’’ and inserting ‘‘des-
ignated 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 Insur-
ance: 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 des-
ignated duty assignment (as defined in subsection (a)(2) of section
437 of title 37, United States Code) for any month beginning on or
after the date of the enactment of this Act.
SEC. 645. AUTHORITY FOR PAYMENT OF PAY AND ALLOWANCES AND
RETIRED AND RETAINER PAY PURSUANT TO POWER OF
ATTORNEY.
Section 602 of title 37, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘, in the opinion of a board of medical
officers or physicians,’’; and
(B) by striking ‘‘use or benefit’’ and all that follows
through ‘‘any person designated’’ and inserting the fol-
lowing: ‘‘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 au-
thority 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
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(B) by inserting ‘‘determines that the member is men-

tally incapable of managing the member’s affairs. Any such
board shall be’’ after ‘‘treatment of mental disorders,’’;

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 170

(3) in subsection (c), by striking ‘‘designated’’ and inserting

‘‘authorized to receive payments’’;
(4) in subsection (d), by inserting ‘‘, unless a court of com-
petent jurisdiction orders payment of such fee, commission, or
other charge’’ before the period;
(5) by striking subsection (e);
(6) by redesignating subsection (f) as subsection (e); and
(7) in subsection (e), as redesignated by paragraph (6)—
(A) by inserting ‘‘under subsection (a)(3)’’ after ‘‘who is
designated’’; and
(B) by striking ‘‘$1,000’’ and inserting ‘‘$25,000’’.
SEC. 646. EXTENSION OF AUTHORITY TO PAY SPECIAL SURVIVOR IN-
DEMNITY ALLOWANCE UNDER THE SURVIVOR BENEFIT
PLAN.
Section 1450(m) of title 10, United States Code, is amended—
(1) in paragraph (2)(I), by striking ‘‘fiscal year 2017’’ and
inserting ‘‘each of fiscal years 2017 and 2018’’; and
(2) in paragraph (6)—
(A) by striking ‘‘September 30, 2017’’ and inserting
‘‘May 31, 2018’’; and
(B) by striking ‘‘October 1, 2017’’ both places it appears
and inserting ‘‘June 1, 2018’’.
SEC. 647. REPEAL OF OBSOLETE AUTHORITY FOR COMBAT-RELATED
INJURY REHABILITATION PAY.
(a) REPEAL.—Section 328 of title 37, United States Code, is re-
pealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 5 of such title is amended by striking the item relat-
ing to section 328.
SEC. 648. INDEPENDENT ASSESSMENT OF THE SURVIVOR BENEFIT
PLAN.
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall
provide for an independent assessment of the Survivor Benefit Plan
(SBP) under subchapter II of chapter 73 of title 10, United States
Code, by a Federally-funded research and development center
(FFRDC).
(b) ASSESSMENT ELEMENTS.—The assessment conducted pursu-
ant to subsection (a) shall include, but not be limited to, the fol-
lowing:
(1) The purposes of the Survivor Benefit Plan, the manner
in which the Plan interacts with other Federal programs to pro-
vide financial stability and resources for survivors of members
of the Armed Forces and military retirees, and a comparison be-
tween the benefits available under the Plan, on the one hand,
and benefits available to Government and private sector em-
ployees, on the other hand, intended to provide financial sta-
bility and resources for spouses and other dependents when a
primary family earner dies.
(2) The effectiveness of the Survivor Benefit Plan in pro-
viding 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 re-
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serve active-status.
(3) The feasibility and advisability of providing survivor
benefits through alternative insurance products available com-

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 171

mercially for similar purposes, the extent to which the Govern-

ment 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 enact-
ment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a re-
port setting forth the results of the assessment conducted pursuant
to subsection (a), together with such recommendations as the Sec-
retary considers appropriate for legislative or administration action
in light of the results of the assessment.
Subtitle E—Commissary and Nonappropriated Fund
Instrumentality Benefits and Operations
SEC. 661. PROTECTION AND ENHANCEMENT OF ACCESS TO AND SAV-
INGS 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 re-
liance 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 Depart-
ment 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 de-
velopment and implementation of such practices.
‘‘(C) If the Secretary determines that the reduced reliance on ap-
propriated funding pursuant to subparagraph (A) is insufficient to
maintain the benefits to the patrons of the defense commissary sys-
tem, and if the Secretary converts the defense commissary system to
a nonappropriated fund entity or instrumentality pursuant to para-
graph (1) of section 2484(j) of this title, the Secretary shall transfer
appropriated funds pursuant to paragraph (2) of such section to en-
sure the maintenance of such benefits.
‘‘(4) On not less than a quarterly basis, the Secretary shall pro-
vide to the congressional defense committees a briefing on the de-
fense commissary system, including—
‘‘(A) an assessment of the savings the system provides pa-
trons;
‘‘(B) the status of implementing section 2484(i) of this title;
‘‘(C) the status of implementing section 2484(j) of this title,
including whether the system requires any appropriated funds
pursuant to paragraph (2) of such section;
‘‘(D) the status of carrying out a program for such system
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to sell private label merchandise; and

‘‘(E) any other matters the Secretary considers appro-
priate.’’.

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 172

(b) AUTHORIZATION TO SUPPLEMENT APPROPRIATIONS THROUGH

BUSINESS OPTIMIZATION.—Section 2483(c) of such title is amended
by adding at the end the following new sentence: ‘‘Such appro-
priated amounts may also be supplemented with additional funds
derived from improved management practices implemented pursu-
ant to sections 2481(c)(3) and 2487(c) of this title and the variable
pricing program implemented pursuant to section 2484(i) of this
title.’’.
(c) VARIABLE PRICING PILOT PROGRAM.—Section 2484 of such
title is amended by adding at the end the following new subsections:
‘‘(i) VARIABLE PRICING PROGRAM.—(1) Notwithstanding sub-
section (e), and subject to subsection (k), the Secretary of Defense
may establish a variable pricing program pursuant to which prices
may be established in response to market conditions and customer
demand, in accordance with the requirements of this subsection.
Notwithstanding the amount of the uniform surcharge assessed in
subsection (d), the Secretary may provide for an alternative sur-
charge of not more than five percent of sales proceeds under the
variable pricing program to be made available for the purposes
specified in subsection (h).
‘‘(2) Subject to subsection (k), before establishing a variable
pricing program under this subsection, the Secretary shall establish
the following:
‘‘(A) Specific, measurable benchmarks for success in the
provision of high quality grocery merchandise, discount savings
to patrons, and levels of customer satisfaction while achieving
savings for the Department of Defense.
‘‘(B) A baseline of overall savings to patrons achieved by
commissary stores prior to the initiation of the variable pricing
program, based on a comparison of prices charged by those
stores on a regional basis with prices charged by relevant local
competitors for a representative market basket of goods.
‘‘(3) The Secretary shall ensure that the defense commissary sys-
tem implements the variable pricing program by conducting price
comparisons using the methodology established for paragraph (2)(B)
and adjusting pricing as necessary to ensure that pricing in the
variable pricing program achieves overall savings to patrons that
are consistent with the baseline savings established for the relevant
region pursuant to such paragraph.
‘‘(j) CONVERSION TO NONAPPROPRIATED FUND ENTITY OR IN-
STRUMENTALITY.—(1) Subject to subsection (k), if the Secretary of
Defense determines that the variable pricing program has met the
benchmarks for success established pursuant to paragraph (2)(A) of
subsection (i) and the savings requirements established pursuant to
paragraph (3) of such subsection over a period of at least six
months, the Secretary may convert the defense commissary system
to a nonappropriated fund entity or instrumentality, with operating
expenses financed in whole or in part by receipts from the sale of
products and the sale of services. Upon such conversion, appro-
priated funds shall be transferred to the defense commissary system
only in accordance with paragraph (2) or section 2491 of this title.
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The requirements of section 2483 of this title shall not apply to the
defense commissary system operating as a nonappropriated fund en-
tity or instrumentality.

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‘‘(2) If the Secretary determines that the defense commissary

system operating as a nonappropriated fund entity or instrumen-
tality is likely to incur a loss in any fiscal year as a result of compli-
ance with the savings requirement established in subsection (i), the
Secretary shall authorize a transfer of appropriated funds available
for such purpose to the commissary system in an amount sufficient
to offset the anticipated loss. Any funds so transferred shall be con-
sidered to be nonappropriated funds for such purpose.
‘‘(3)(A) The Secretary may identify positions of employees in the
defense commissary system who are paid with appropriated funds
whose status may be converted to the status of an employee of a
nonappropriated fund entity or instrumentality.
‘‘(B) The status and conversion of employees in a position iden-
tified by the Secretary under subparagraph (A) shall be addressed
as provided in section 2491(c) of this title for employees in morale,
welfare, and recreation programs, including with respect to requir-
ing the consent of such employee to be so converted.
‘‘(C) No individual who is an employee of the defense com-
missary system as of the date of the enactment of this subsection
shall suffer any loss of or decrease in pay as a result of a conversion
made under this paragraph.
‘‘(k) OVERSIGHT REQUIRED TO ENSURE CONTINUED BENEFIT TO
PATRONS.—(1) With respect to each action described in paragraph
(2), the Secretary of Defense may not carry out such action until—
‘‘(A) the Secretary provides to the congressional defense
committees a briefing on such action, including a justification
for such action; and
‘‘(B) a period of 30 days has elapsed following such brief-
ing.
‘‘(2) The actions described in this paragraph are the following:
‘‘(A) Establishing the representative market basket of goods
pursuant to subsection (i)(2)(B).
‘‘(B) Establishing the variable pricing program under sub-
section (i)(1).
‘‘(C) Converting the defense commissary system to a non-
appropriated fund entity or instrumentality under subsection
(j)(1).’’.
(d) ESTABLISHMENT OF COMMON BUSINESS PRACTICES.—Sec-
tion 2487 of such title is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) COMMON BUSINESS PRACTICES.—(1) Notwithstanding sub-
sections (a) and (b), the Secretary of Defense may establish common
business processes, practices, and systems—
‘‘(A) to exploit synergies between the defense commissary
system and the exchange system; and
‘‘(B) to optimize the operations of the defense retail systems
as a whole and the benefits provided by the commissaries and
exchanges.
‘‘(2) The Secretary may authorize the defense commissary sys-
tem and the exchange system to enter into contracts or other agree-
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ments—
‘‘(A) for products and services that are shared by the de-
fense commissary system and the exchange system; and

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‘‘(B) for the acquisition of supplies, resale goods, and serv-

ices 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 instru-
mentality 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 re-
imbursement from a nonappropriated fund entity or instrumen-
tality for the portion of the cost of a contract or agreement en-
tered by the defense commissary system that is attributable to
the nonappropriated fund entity or instrumentality.’’.
(e) AUTHORITY FOR EXPERT COMMERCIAL ADVICE.—Section
2485 of such title is amended by adding at the end the following
new subsection:
‘‘(i) EXPERT COMMERCIAL ADVICE.—The Secretary of Defense
may enter into a contract with an entity to obtain expert commercial
advice, commercial assistance, or other similar services not other-
wise carried out by the Defense Commissary Agency, to implement
section 2481(c), subsections (i) and (j) of section 2484, and section
2487(c) of this title.’’.
(f) CLARIFICATION OF REFERENCES TO ‘‘THE EXCHANGE SYS-
TEM’’.—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 ad-
ministrative entity within the Department of Defense through which
the Secretary has implemented the requirement under this sub-
section for a world-wide system of exchange stores.’’.
(g) OPERATION OF DEFENSE COMMISSARY SYSTEM AS A NON-
APPROPRIATED FUND ENTITY.—In the event that the defense com-
missary system is converted to a nonappropriated fund entity or in-
strumentality 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 en-
tity or instrumentality; and
(2) ensure that revenues accruing to the defense commissary
system are appropriately credited to the nonappropriated fund
entity or instrumentality.
(h) CONFORMING CHANGE.—Section 2643(b) of such title is
amended by adding at the end the following new sentence: ‘‘Such
appropriated funds may be supplemented with additional funds de-
rived from improved management practices implemented pursuant
to sections 2481(c)(3) and 2487(c) of this title.’’.
SEC. 662. ACCEPTANCE OF MILITARY STAR CARD AT COMMISSARIES.
(a) IN GENERAL.—The Secretary of Defense shall ensure that—
(1) commissary stores accept as payment the Military Star
Card; and
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(2) any financial liability of the United States relating to

such acceptance as payment be assumed by the Army and Air
Force Exchange Service.

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(b) MILITARY STAR CARD DEFINED.—In this section, the term

‘‘Military Star Card’’ means a credit card administered under the
Exchange Credit Program by the Army and Air Force Exchange
Service.
Subtitle F—Other Matters
SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY
MEMBERS OF THE UNIFORMED SERVICES.
(a) STATUTE OF LIMITATIONS.—Section 1007(c)(3) of title 37,
United States Code, is amended by adding at the end the following
new subparagraphs:
‘‘(C)(i) In accordance with clause (ii), if the indebtedness of a
member of the uniformed services to the United States occurs,
through no fault of the member, as a result of the overpayment of
pay or allowances to the member or upon the settlement of the mem-
ber’s accounts, the Secretary concerned may not recover the indebt-
edness from the member, including a retired or former member,
using deductions from the pay of the member, deductions from re-
tired or separation pay, or any other collection method unless recov-
ery of the indebtedness commences before the end of the 10-year pe-
riod beginning on the date on which the indebtedness was incurred.
‘‘(ii) Clause (i) applies with respect to indebtedness incurred on
or after the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2017.
‘‘(D)(i) Not later than January 1 of each of 2017 through 2027,
the Director of the Defense Finance and Accounting Service shall re-
view all cases occurring during the 10-year period prior to the date
of the review of indebtedness of a member of the uniformed services,
including a retired or former member, to the United States in
which—
‘‘(I) the recovery of the indebtedness commenced after the
end of the 10-year period beginning on the date on which the
indebtedness was incurred; or
‘‘(II) the Director did not otherwise notify the member of
such indebtedness during such 10-year period.
‘‘(ii) The Director shall submit to the congressional defense com-
mittees and the Committees on Veterans’ Affairs of the House of
Representatives and the Senate each review conducted under clause
(i), including the amounts owed to the United States by the mem-
bers included in such review.’’.
(b) REMISSION OR CANCELLATION OF INDEBTEDNESS OF RE-
SERVES NOT ON ACTIVE DUTY.—
(1) ARMY.—Section 4837(a) of title 10, United States Code,
is amended by striking ‘‘on active duty as a member of the
Army’’ and inserting ‘‘as a member of the Army, whether as a
regular or a reserve in active status’’.
(2) NAVY.—Section 6161(a) of such title is amended by
striking ‘‘on active duty as a member of the naval service’’ and
inserting ‘‘as a member of the naval service, whether as a reg-
ular or a reserve in active status’’.
(3) AIR FORCE.—Section 9837(a) of such title is amended by
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striking ‘‘on active duty as a member of the Air Force’’ and in-
serting ‘‘as a member of the Air Force, whether as a regular or
a reserve in active status’’.

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(4) COAST GUARD.—Section 461(1) of title 14, United States

Code, is amended by striking ‘‘on active duty as a member of
the Coast Guard’’ and inserting ‘‘as a member of the Coast
Guard, whether as a regular or a reserve in active status’’.
(5) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on the date of the enactment of this Act,
and shall apply with respect to debt incurred on or after Octo-
ber 7, 2001.
(c) BENEFITS PAID TO MEMBERS OF CALIFORNIA NATIONAL
GUARD.—
(1) REVIEW OF CERTAIN BENEFITS PAID.—
(A) IN GENERAL.—The Secretary of Defense shall con-
duct a review of all bonus pays, special pays, student loan
repayments, and similar special payments that were paid
to members of the National Guard of the State of Cali-
fornia during the period beginning on January 1, 2004,
and ending on December 31, 2015.
(B) EXCEPTION.—A review is not required under this
paragraph for benefits paid as described in subparagraph
(A) that were reviewed before the date of the enactment of
this Act and in which fraud or other ineligibility was iden-
tified in connection with payment.
(C) CONDUCT OF REVIEW.—The Secretary shall estab-
lish a process to expedite the review required by this para-
graph. The Secretary shall allocate appropriate personnel
and other resources of the Department of Defense for the
process, and for such other purposes as the Secretary con-
siders appropriate, in order to achieve the completion of the
review by the date specified in subparagraph (D).
(D) COMPLETION.—The review required by this para-
graph shall be completed by not later than July 30, 2017.
(2) REVIEW.—
(A) IN GENERAL.—In conducting the review of benefits
paid to members of the National Guard of the State of Cali-
fornia pursuant to paragraph (1), the board of review con-
cerned shall—
(i) carry out a complete review of all bonus pay
and special pay contracts awarded to such members
during the period described in paragraph (1)(A) for
which the Department has reason to believe a
recoupment of pay may be warranted in order to deter-
mine whether such members were eligible for the con-
tracts so awarded and whether the contracts so award-
ed accurately specified the amounts of pay for which
members were eligible;
(ii) carry out a complete review of all student loan
repayment contracts awarded to such members during
the period for which the Department has reason to be-
lieve a recoupment of payment may be warranted in
order to determine whether such members were eligible
for the contracts so awarded and whether the contracts
so awarded accurately specified the amounts of pay-
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ment for which members were eligible;

(iii) carry out a complete review of any other simi-
lar special payments paid to such members during the

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 177

period for which the Department has reason to believe

a recoupment of payments may be warranted in order
to determine whether such members were eligible for
payment and in such amount;
(iv) if any member is determined not to have been
eligible for a bonus pay, special pay, student loan re-
payment, or other special payment paid, determine
whether waiver of recoupment is warranted; and
(v) if any bonus pay, special pay, student loan re-
payment, or other special payment paid to any such
member during the period has been recouped, deter-
mine whether the recoupment was unwarranted.
(B) WAIVER OF RECOUPMENT.—For purposes of clause
(iv) of subparagraph (A), the board of review shall deter-
mine that waiver of recoupment is warranted with respect
to a particular member unless the board makes an affirma-
tive determination, by a preponderance of the evidence, that
the member knew or reasonably should have known that
the member was ineligible for the bonus pay, special pay,
student loan repayment, or other special payment otherwise
subject to recoupment.
(C) PROPRIETY OF RECOUPMENT.—For purposes of
clause (v) of subparagraph (A), the board of review shall
determine that recoupment was unwarranted with respect
to a particular member unless the board makes an affirma-
tive determination, by a preponderance of the evidence, that
the member knew or reasonably should have known that
the member was ineligible for the bonus pay, special pay,
student loan repayment, or other special payment recouped.
(D) STANDARD OF REVIEW.—In applying subparagraph
(B) or (C) in making a determination under clause (iv) or
(v) of subparagraph (A), as applicable, with respect to a
member, the board of review shall evaluate the evidence in
a light most favorable to the member.
(3) PARTICIPATION OF MEMBERS.—
(A) IN GENERAL.—A member subject to a determination
under clause (iv) or (v) of paragraph (2)(A) may submit to
the board of review concerned such documentary and other
evidence as the member considers appropriate to assist the
board of review in the determination.
(B) NOTICE.—The Secretary shall notify, in writing,
each member subject to a determination under clause (iv)
or (v) of paragraph (2)(A) of the review under paragraph
(1) and the applicability of the determination process under
such clause to such member. The notice shall be provided
at a time designed to give each member a reasonable oppor-
tunity to submit documentary and other evidence as au-
thorized by subparagraph (A). The notice shall provide
each member the following:
(i) Notice of the opportunity for such member to
submit evidence to assist the board of review.
(ii) A description of resources available to such
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member to submit such evidence.

(C) CONSIDERATION.—In making a determination
under clause (iv) or (v) of paragraph (2)(A) with respect to

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 178

a member, the board of review shall undertake a com-

prehensive review of any submissions made by the member
pursuant to this paragraph.
(4) ACTIONS FOLLOWING REVIEW.—
(A) WAIVER OF RECOUPMENT.—Upon completion of a
review pursuant to paragraph (2)(A)(iv) with respect to a
member—
(i) the board of review shall submit to the Sec-
retary concerned a notice setting forth—
(I) the determination of the board pursuant to
that paragraph with respect to the member; and
(II) the recommendation of the board whether
or not the recoupment of the bonus pay, special
pay, student loan repayment, or other special pay-
ment covered by the determination should be
waived; and
(ii) the Secretary may waive recoupment of the pay,
repayment, or other payment from the member.
(B) REPAYMENT OF AMOUNT RECOUPED.—Upon comple-
tion of a review pursuant to paragraph (2)(A)(v) with re-
spect to a member—
(i) the board of review shall submit to the Sec-
retary concerned a notice setting forth—
(I) the determination of the board pursuant to
that paragraph with respect to the member; and
(II) the recommendation of the board whether
or not the recouped bonus pay, special pay, student
loan repayment, or other special payment covered
by the determination should be repaid the member;
and
(ii) the Secretary may repay the member the
amount so recouped.
(C) CONSUMER CREDIT AND RELATED MATTERS.—If the
Secretary concerned waives recoupment of a bonus pay, spe-
cial pay, student loan repayment, or other special payment
paid a member pursuant to paragraph (4)(A)(ii), or repays
a member an amount of a bonus pay, special pay, student
loan repayment, or other special payment recouped pursu-
ant to paragraph (4)(B)(ii), the Secretary shall—
(i) in the event the Secretary had previously noti-
fied a consumer reporting agency of the existence of the
debt subject to the relief granted the member pursuant
to this paragraph, notify such consumer reporting
agency that such debt was never valid; and
(ii) if the member is experiencing or has experi-
enced financial hardship as a result of the actions of
the United States to obtain recoupment of such debt,
assist the member, to the extent practicable, in address-
ing such financial hardship in accordance with such
mechanisms as the Secretary shall develop for purposes
of this clause.
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(D) EFFECT OF CONSUMER CREDIT NOTIFICATION.—A

consumer reporting agency notified of the invalidity of a
debt pursuant to subparagraph (C)(i) may not, after the

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 179

date of the notice, make any consumer report containing

any information relating to the debt.
(E) DEFINITIONS.—In this paragraph, the terms ‘‘con-
sumer reporting agency’’ and ‘‘consumer report’’ have the
meaning given such terms in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a).
(5) FUNDING.—Amounts for activities under this subsection,
including for the conduct of the review required by paragraph
(1), for activities in connection with the review, for repayments
pursuant to paragraph (4)(B), and for activities under para-
graph (4)(C), shall be derived from amounts available for the
National Guard of the United States for the State of California.
(6) SECRETARY OF DEFENSE REPORT.—
(A) IN GENERAL.—Not later than August 1, 2017, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a report on the review conducted pursuant to para-
graph (1).
(B) ELEMENTS.—The report under this paragraph shall
include the following:
(i) The total amount of bonus pays, special pays,
student loan repayments, and other special pays paid
to members of the National Guard of the State of Cali-
fornia during the period beginning on September 1,
2001, and ending on December 31, 2015.
(ii) The number of bonus pay and special pay con-
tracts reviewed pursuant to paragraph (2)(A)(i), and
the amounts of such pays paid under each such con-
tract.
(iii) The number of student loan repayment con-
tracts reviewed pursuant to paragraph (2)(A)(ii), and
the amounts of such payments made pursuant to each
such contract.
(iv) The number of other special pay payments re-
viewed pursuant to paragraph (2)(A)(iii), and the
amounts of such payments made to each particular
member so paid.
(v) The number of bonus pay and special pay con-
tracts, student loan repayments, and other special pay
payments that were determined pursuant to the review
to be paid in error, and the total amount, if any, re-
couped from each member concerned.
(vi) Any additional fraud or other ineligibility
identified in the course of the review in the payment of
bonus pays, special pays, student loan repayments, and
other special pays paid to the members of the National
Guard of the State of California during the period be-
ginning on September 1, 2001, and ending on Decem-
ber 31, 2015.
(7) COMPTROLLER GENERAL REPORT.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Comptroller General
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of the United States shall submit to the Committees on

Armed Services of the Senate and the House of Representa-
tives a report on the actions of the National Guard of the

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 180

State of California relating to the payment of bonus pays,

special pays, student loan repayments, and other special
pays from 2004 through 2015.
(B) ELEMENTS.—The report under this paragraph shall
include the following:
(i) An assessment whether the National Guard of
the State of California and the National Guard Bureau
have established policies and procedures that will min-
imize the chance of improper payment of such pays and
repayments and of managerial abuse in the payment of
such pays and repayments.
(ii) An assessment whether the procedures, proc-
esses, and resources of the Defense Finance and Ac-
counting Service and the Defense Office of Hearings
and Appeals were appropriate to identify and respond
to fraud or other ineligibility in connection with the
payment of such pays and repayments, and to do so in
a timely manner.
(iii) Any recommendations the Comptroller General
considers appropriate to streamline the procedures and
processes for the waiver of recoupment of the payment
of such pays and repayments by the United States
when recoupment is unwarranted.
SEC. 672. MODIFICATION OF FLAT RATE PER DIEM REQUIREMENT FOR
PERSONNEL ON LONG-TERM TEMPORARY DUTY ASSIGN-
MENTS.
(a) MODIFICATION OF FLAT RATE.—
(1) IN GENERAL.—The Secretary of Defense shall take such
action as may be necessary to provide that, to the extent that
regulations implementing travel and transportation authorities
for military and civilian personnel of the Department of Defense
impose a flat rate per diem for meals and incidental expenses
for authorized travelers on long-term temporary duty assign-
ments that is at a reduced rate compared to the per diem rate
otherwise applicable, the Secretary concerned may waive the ap-
plicability of such reduced rate and pay such travelers actual
expenses up to the full per diem rate for such travel in any case
when the Secretary concerned determines that the reduced flat
rate per diem for meals and incidental expenses is not sufficient
under the circumstances of the temporary duty assignment.
(2) APPLICABILITY.—The Secretary concerned may exercise
the authority provided pursuant to paragraph (1) with respect
to per diem payable for any day on or after the date of the en-
actment of this Act.
(b) DELEGATION OF AUTHORITY.—The authority pursuant to
subsection (a) may be delegated by the Secretary concerned to an of-
ficer at the level of lieutenant general or vice admiral, or above.
Such authority may not be delegated to an officer below that level.
(c) WAIVER OF COLLECTION OF RECEIPTS.—The Secretary con-
cerned or an officer to whom the authority pursuant to subsection
(a) is delegated pursuant to subsection (b) may waive any require-
ment for the submittal of receipts by travelers on long-term tem-
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porary duty assignments for the purpose of receiving the full per
diem rate pursuant to subsection (a) if the Secretary concerned or
officer, as described in subsection (b), personally certifies that re-

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 181

quiring travelers to submit receipts for that purpose will negatively

affect mission performance or create an undue administrative bur-
den.
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 37, United States Code.
TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Reform of TRICARE and Military Health System

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

Subtitle B—Other Health Care Benefits

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

Subtitle C—Health Care Administration

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

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Subtitle D—Reports and Other Matters
Sec. 741. Extension of authority for joint Department of Defense-Department of Vet-
erans Affairs Medical Facility Demonstration Fund and report on im-
plementation of information technology capabilities.
Sec. 742. Pilot program on expansion of use of physician assistants to provide men-
tal health care to members of the Armed Forces.
Sec. 743. Pilot program for prescription drug acquisition cost parity in the
TRICARE pharmacy benefits program.
Sec. 744. Pilot program on display of wait times at urgent care clinics and phar-
macies of military medical treatment facilities.
Sec. 745. Requirement to review and monitor prescribing practices at military treat-
ment facilities of pharmaceutical agents for treatment of post-traumatic
stress.
Sec. 746. Department of Defense study on preventing the diversion of opioid medica-
tions.
Sec. 747. Incorporation into survey by Department of Defense of questions on experi-
ences of members of the Armed Forces with family planning services
and counseling.
Sec. 748. Assessment of transition to TRICARE program by families of members of
reserve components called to active duty and elimination of certain
charges for such families.
Sec. 749. Oversight of graduate medical education programs of military depart-
ments.
Sec. 750. Study on health of helicopter and tiltrotor pilots.
Sec. 751. Comptroller General reports on health care delivery and waste in military
health system.

Subtitle A—Reform of TRICARE and Military Health System

SEC. 701. TRICARE SELECT AND OTHER TRICARE REFORM.
(a) ESTABLISHMENT OF TRICARE SELECT.—
(1) IN GENERAL.—Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074n the following
new section:
‘‘§ 1075. TRICARE Select
‘‘(a) ESTABLISHMENT.—(1) Not later than January 1, 2018, the
Secretary of Defense shall establish a self-managed, preferred-pro-
vider network option under the TRICARE program. Such option
shall be known as ‘TRICARE Select’.
‘‘(2) The Secretary shall establish TRICARE Select in all areas.
Under TRICARE Select, eligible beneficiaries will not have restric-
tions on the freedom of choice of the beneficiary with respect to
health care providers.
‘‘(b) ENROLLMENT ELIGIBILITY.—(1) The beneficiary categories
for purposes of eligibility to enroll in TRICARE Select and cost-
sharing requirements applicable to such category are as follows:
‘‘(A) An ‘active-duty family member’ category that consists
of beneficiaries who are covered by section 1079 of this title (as
dependents of active duty members).
‘‘(B) A ‘retired’ category that consists of beneficiaries cov-
ered by subsection (c) of section 1086 of this title, other than
Medicare-eligible beneficiaries described in subsection (d)(2) of
such section.
‘‘(C) A ‘reserve and young adult’ category that consists of
beneficiaries who are covered by—
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‘‘(i) section 1076d of this title;

‘‘(ii) section 1076e; or
‘‘(iii) section 1110b.

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‘‘(2) A covered beneficiary who elects to participate in TRICARE

Select shall enroll in such option under section 1099 of this title.
‘‘(c) COST-SHARING REQUIREMENTS.—The cost-sharing require-
ments under TRICARE Select are as follows:
‘‘(1) With respect to beneficiaries in the active-duty family
member category or the retired category by reason of being a
member or former member of the uniformed services who origi-
nally enlists or is appointed in the uniformed services on or
after January 1, 2018, or by reason of being a dependent of
such a member, the cost-sharing requirements shall be cal-
culated pursuant to subsection (d)(1).
‘‘(2)(A) Except as provided by subsection (e), with respect to
beneficiaries described in subparagraph (B) in the active-duty
family member category or the retired category, the cost-sharing
requirements shall be calculated as if the beneficiary were en-
rolled in TRICARE Extra or TRICARE Standard as if
TRICARE Extra or TRICARE Standard, as the case may be,
were still being carried out by the Secretary.
‘‘(B) Beneficiaries described in this subparagraph are bene-
ficiaries who are eligible to enroll in the TRICARE program by
reason of being a member or former member of the uniformed
services who originally enlists or is appointed in the uniformed
services before January 1, 2018, or by reason of being a depend-
ent of such a member.
‘‘(3) With respect to beneficiaries in the reserve and young
adult category, the cost-sharing requirements shall be cal-
culated pursuant to subsection (d)(1) as if the beneficiary were
in the active-duty family member category or the retired cat-
egory, as applicable, except that the premiums calculated pursu-
ant to section 1076d, 1076e, or 1110b of this title, as the case
may be, shall apply instead of any enrollment fee required
under this section.
‘‘(d) COST-SHARING AMOUNTS FOR CERTAIN BENEFICIARIES.—(1)
Beneficiaries described in subsection (c)(1) enrolled in TRICARE Se-
lect shall be subject to cost-sharing requirements in accordance with
the amounts and percentages under the following table during cal-
endar year 2018 and as such amounts are adjusted under para-
graph (2) for subsequent years:
Retired
Active-Duty Family Member
‘‘TRICARE Select (Individual/Fam-
(Individual/Family) ily)

Annual Enrollment $0 .................................................................... $450 / $900

Annual deductible E4 & below: $50 / $100 $150 / $300 Network

E5 & above: $150 / $300 $300 / $600 out of
network

Annual cata- $1,000 ............................................................. $3,500

strophic cap

Outpatient visit ci- $15 primary care ........................................... $25 primary care
vilian network
$25 specialty care .......................................... $40 specialty care
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......................................................................... ........................................
Out of network: 20% ..................................... 25% of out of network

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Retired
Active-Duty Family Member
‘‘TRICARE Select (Individual/Fam-
(Individual/Family) ily)

ER visit civilian $40 network ................................................... $80 network

network
20% out of network ....................................... 25% out of network

Urgent care civilian $20 network ................................................... $40 network

network
20% out of network ....................................... 25% out of network

Ambulatory surgery $25 network ................................................... $95 network

civilian network
20% out of network ....................................... 25% out of network

Ambulance civilian $15 .................................................................. $60

network

Durable medical 10% of negotiated fee .................................... 20% network

equipment civil-
ian network

Inpatient visit civil- $60 per network admission .......................... $175 per admission
ian network network
......................................................................... ........................................
20% out of network ....................................... 25% out of network

Inpatient skilled $25 per day network ..................................... $50 per day network
nursing/rehab ci-
vilian
$50 per day out of network ........................... Lesser of $300 per day
or 20% of billed charges
out of network

‘‘(2) Each dollar amount expressed as a fixed dollar amount in

the table set forth in paragraph (1), and the amounts specified
under paragraphs (1) and (2) of subsection (e), shall be annually in-
dexed to the amount by which retired pay is increased under section
1401a of this title, rounded to the next lower multiple of $1. The re-
maining amount above such multiple of $1 shall be carried over to,
and accumulated with, the amount of the increase for the subse-
quent year or years and made when the aggregate amount of in-
creases carried over under this clause for a year is $1 or more.
‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps
under this section are on a calendar-year basis.
‘‘(e) EXCEPTIONS TO CERTAIN COST-SHARING AMOUNTS FOR CER-
TAIN BENEFICIARIES ELIGIBLE PRIOR TO 2018.—(1) Subject to para-
graph (4), and in accordance with subsection (d)(2), the Secretary
shall establish an annual enrollment fee for beneficiaries described
in subsection (c)(2)(B) in the retired category who enroll in
TRICARE Select (other than such beneficiaries covered by para-
graph (3)). Such enrollment fee shall be $150 for an individual and
$300 for a family.
‘‘(2) For the calendar year for which the Secretary first estab-
lishes the annual enrollment fee under paragraph (1), the Secretary
shall adjust the catastrophic cap amount to be $3,500 for bene-
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ficiaries described in subsection (c)(2)(B) in the retired category who

are enrolled in TRICARE Select (other than such beneficiaries cov-
ered by paragraph (3)).

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‘‘(3) The enrollment fee established pursuant to paragraph (1)

and the catastrophic cap adjusted under paragraph (2) for bene-
ficiaries described in subsection (c)(2)(B) in the retired category
shall not apply with respect to the following beneficiaries:
‘‘(A) Retired members and the family members of such
members covered by paragraph (1) of section 1086(c) of this title
by reason of being retired under chapter 61 of this title or being
a dependent of such a member.
‘‘(B) Survivors covered by paragraph (2) of such section
1086(c).
‘‘(4) The Secretary may not establish an annual enrollment fee
under paragraph (1) until 90 days has elapsed following the date
on which the Comptroller General of the United States is required
to submit the review under paragraph (5).
‘‘(5) Not later than February 1, 2020, the Comptroller General
of the United States shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate a review of the
following:
‘‘(A) Whether health care coverage for covered beneficiaries
has changed since the enactment of this section.
‘‘(B) Whether covered beneficiaries are able to obtain ap-
pointments for health care according to the access standards es-
tablished by the Secretary of Defense.
‘‘(C) The percent of network providers that accept new pa-
tients under the TRICARE program.
‘‘(D) The satisfaction of beneficiaries under TRICARE Se-
lect.
‘‘(f) EXCEPTION TO COST-SHARING REQUIREMENTS FOR
TRICARE FOR LIFE BENEFICIARIES.—A beneficiary enrolled in
TRICARE for Life is subject to cost-sharing requirements pursuant
to section 1086(d)(3) of this title and calculated as if the beneficiary
were enrolled in TRICARE Standard as if TRICARE Standard
were still being carried out by the Secretary.
‘‘(g) CONSTRUCTION.—Nothing in this section may be construed
as affecting the availability of TRICARE Prime and TRICARE for
Life or the cost-sharing requirements for TRICARE for Life under
section 1086(d)(3) of this title.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The terms ‘active-duty family member category’, ‘retired
category’, and ‘reserve and young adult category’ mean the re-
spective categories of TRICARE Select enrollment described in
subsection (b).
‘‘(2) The term ‘network’ means—
‘‘(A) with respect to health care services, such services
provided to beneficiaries by TRICARE-authorized civilian
health care providers who have entered into a contract
under this chapter with a contractor under the TRICARE
program; and
‘‘(B) with respect to providers, civilian health care pro-
viders who have agreed to accept a pre-negotiated rate as
the total charge for services provided by the provider and
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to file claims for beneficiaries.

‘‘(3) The term ‘out-of-network’ means, with respect to health
care services, such services provided by TRICARE-authorized

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 186

civilian providers who have not entered into a contract under

this chapter with a contractor under the TRICARE program.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 55 of title 10, United States Code, is amend-
ed by inserting after the item relating to section 1074n, the fol-
lowing new item:
‘‘1075. TRICARE Select.’’.
(b) TRICARE PRIME COST SHARING.—
(1) IN GENERAL.—Chapter 55 of title 10, United States
Code, is amended by inserting after section 1075, as added by
subsection (a), the following new section:
‘‘§ 1075a. TRICARE Prime: cost sharing
‘‘(a) COST-SHARING REQUIREMENTS.—The cost-sharing require-
ments under TRICARE Prime are as follows:
‘‘(1) There are no cost-sharing requirements for beneficiaries
who are covered by section 1074(a) of this title.
‘‘(2) With respect to beneficiaries in the active-duty family
member category or the retired category (as described in section
1075(b)(1) of this title) by reason of being a member or former
member of the uniformed services who originally enlists or is
appointed in the uniformed services on or after January 1,
2018, or by reason of being a dependent of such a member, the
cost-sharing requirements shall be calculated pursuant to sub-
section (b)(1).
‘‘(3)(A) With respect to beneficiaries described in subpara-
graph (B) in the active-duty family member category or the re-
tired category (as described in section 1075(b)(1) of this title),
the cost-sharing requirements shall be calculated in accordance
with the other provisions of this chapter without regard to sub-
section (b).
‘‘(B) Beneficiaries described in this subparagraph are bene-
ficiaries who are eligible to enroll in the TRICARE program by
reason of being a member or former member of the uniformed
services who originally enlists or is appointed in the uniformed
services before January 1, 2018, or by reason of being a depend-
ent of such a member.
‘‘(b) COST-SHARING AMOUNTS.—(1) Beneficiaries described in
subsection (a)(2) enrolled in TRICARE Prime shall be subject to
cost-sharing requirements in accordance with the amounts and per-
centages under the following table during calendar year 2018 and
as such amounts are adjusted under paragraph (2) for subsequent
years:

Retired
Active-Duty Family Member
‘‘TRICARE Prime (Individual/Fam-
(Individual/Family) ily)

Annual Enrollment .... $0 .................................................................... $350 / $700

Annual deductible ...... No ................................................................... No

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Annual catastrophic $1,000 ............................................................. $3,500

cap.

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 187

Retired
Active-Duty Family Member
‘‘TRICARE Prime (Individual/Fam-
(Individual/Family) ily)

Outpatient visit civil- $0 .................................................................... $20 primary care

ian network.

...................................... ......................................................................... $30 specialty care

ER visit civilian net- $0 .................................................................... $60 network

work.

Urgent care civilian $0 .................................................................... $30 network

network.

Ambulatory surgery $0 .................................................................... $60 network

civilian network.

Ambulance civilian $0 .................................................................... $40

network.

Durable medical $0 .................................................................... 20% of negotiated fee,

equipment civilian network
network.

Inpatient visit civilian $0 .................................................................... $150 per admission

network.

Inpatient skilled nurs- $0 .................................................................... $30 per day network

ing/rehab civilian.

‘‘(2) Each dollar amount expressed as a fixed dollar amount in

the table set forth in paragraph (1) shall be annually indexed to the
amount by which retired pay is increased under section 1401a of
this title, rounded to the next lower multiple of $1. The remaining
amount above such multiple of $1 shall be carried over to, and ac-
cumulated with, the amount of the increase for the subsequent year
or years and made when the aggregate amount of increases carried
over under this clause for a year is $1 or more.
‘‘(3) Enrollment fees, deductible amounts, and catastrophic caps
under this section are on a calendar-year basis.
‘‘(c) SPECIAL RULE FOR AMOUNTS WITHOUT REFERRALS.—Not-
withstanding subsection (b)(1), the cost-sharing amount for a bene-
ficiary enrolled in TRICARE Prime who does not obtain a referral
for care under paragraph (1) of section 1075f(a) of this title (or a
waiver pursuant to paragraph (2) of such section for such care)
shall be an amount equal to 50 percent of the allowed point-of-serv-
ice charge for such care.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 55 of title 10, United States Code, is amend-
ed by inserting after the item relating to section 1075, as added
by subsection (a), the following new item:
‘‘1075a. TRICARE Prime: cost sharing.’’.
(c) REFERRALS AND PREAUTHORIZATION FOR TRICARE
PRIME.—Section 1095f of title 10, United States Code, is amended
to read as follows:
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 188

‘‘§ 1095f. TRICARE program: referrals and preauthorizations

under TRICARE Prime
‘‘(a) REFERRALS.—(1) Except as provided by paragraph (2), a
beneficiary enrolled in TRICARE Prime shall be required to obtain
a referral for care through a designated primary care manager (or
other care coordinator) prior to obtaining care under the TRICARE
program.
‘‘(2) The Secretary may waive the referral requirement in para-
graph (1) in such circumstances as the Secretary may establish for
purposes of this subsection.
‘‘(3) The cost-sharing amounts for a beneficiary enrolled in
TRICARE Prime who does not obtain a referral for care under
paragraph (1) (or a waiver pursuant to paragraph (2) for such care)
shall be determined under section 1075a(c) of this title.
‘‘(b) PREAUTHORIZATION.—A beneficiary enrolled in TRICARE
Prime shall be required to obtain preauthorization only with respect
to a referral for the following:
‘‘(1) Inpatient hospitalization.
‘‘(2) Inpatient care at a skilled nursing facility.
‘‘(3) Inpatient care at a rehabilitation facility.
‘‘(c) PROHIBITION REGARDING PRIOR AUTHORIZATION FOR CER-
TAIN REFERRALS.—The Secretary of Defense shall ensure that no
contract for managed care support under the TRICARE program in-
cludes any requirement that a managed care support contractor re-
quire a primary care or specialty care provider to obtain prior au-
thorization before referring a patient to a specialty care provider
that is part of the network of health care providers or institutions
of the contractor.’’.
(d) ENROLLMENT PERIODS.—
(1) ANNUAL PERIODS AND QUALIFYING EVENTS.—Section
1099(b) of title 10, United States Code, is amended by amend-
ing paragraph (1) to read as follows:
‘‘(1) allow covered beneficiaries to elect to enroll in a health
care plan, or modify a previous election, from eligible health
care plans designated by the Secretary of Defense during—
‘‘(A) an annual open enrollment period; and
‘‘(B) any period based on a qualifying event experienced
by the beneficiary, as determined appropriate by the Sec-
retary; or’’.
(2) APPLICATION.—The Secretary of Defense shall imple-
ment the initial annual open enrollment period pursuant to sec-
tion 1099(b)(1) of title 10, United States Code, as amended by
paragraph (1), during 2018.
(3) GRACE PERIOD DURING FIRST YEAR.—
(A) At any time during the one-year period beginning
on the date on which the initial annual open enrollment pe-
riod begins pursuant to section 1099(b)(1) of title 10,
United States Code, as amended by paragraph (1), a cov-
ered beneficiary may make an election, or modify such an
election, described in such section.
(B) If during such one-year period an individual who
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is eligible to enroll in the TRICARE program, but does not

elect to enroll in such program, receives health care services
for an episode of care that would be covered under the

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 189

TRICARE program if such individual were enrolled in the

TRICARE program, the Secretary—
(i) shall pay the out-of-network fees only for the
first episode of care and inform the individual of the
opportunity to enroll in the TRICARE program; and
(ii) may not pay any costs relating to any subse-
quent episode of care if such individual is not enrolled
in the TRICARE program.
(4) TRANSITION PLAN.—Not later than March 1, 2017, the
Secretary shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on the
transition plan of the Department of Defense for implementing
an annual enrollment period for TRICARE Prime and
TRICARE Select pursuant to section 1099(b)(1) of title 10,
United States Code, as amended by paragraph (1). Such plan
shall include strategies to notify each beneficiary of the changes
to the TRICARE options and the changes to the enrollment
process.
(e) TERMINATION OF TRICARE STANDARD AND TRICARE
EXTRA.—Beginning on January 1, 2018, the Secretary of Defense
may not carry out TRICARE Standard and TRICARE Extra under
the TRICARE program. The Secretary shall ensure that any indi-
vidual who is covered under TRICARE Standard or TRICARE
Extra as of December 31, 2017, enrolls in TRICARE Prime or
TRICARE Select, as the case may be, as of January 1, 2018, for the
individual to continue coverage under the TRICARE program.
(f) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—Not later than June 1, 2017, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate an im-
plementation plan to improve access to health care for
TRICARE beneficiaries pursuant to the amendments made by
this section.
(2) ELEMENTS.—The plan under paragraph (1) shall—
(A) ensure that at least 85 percent of the beneficiary
population under TRICARE Select is covered by the net-
work by January 1, 2018;
(B) ensure access standards for appointments for
health care that meet or exceed those of high-performing
health care systems in the United States, as determined by
the Secretary;
(C) establish mechanisms for monitoring compliance
with access standards;
(D) establish health care provider-to-beneficiary ratios;
(E) monitor on a monthly basis complaints by bene-
ficiaries with respect to network adequacy and the avail-
ability of health care providers;
(F) establish requirements for mechanisms to monitor
the responses to complaints by beneficiaries;
(G) establish mechanisms to evaluate the quality
metrics of the network providers established under section
728;
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(H) include any recommendations for legislative action

the Secretary determines necessary to carry out the plan;
and

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 190

(I) include any other elements the Secretary determines

appropriate.
(g) GAO REVIEWS.—
(1) IMPLEMENTATION PLAN.—Not later than December 1,
2017, the Comptroller General of the United States shall submit
to the Committees on Armed Services of the House of Represent-
atives and the Senate a review of the implementation plan of
the Secretary under paragraph (1) of subsection (f), including
an assessment of the adequacy of the plan in meeting the ele-
ments specified in paragraph (2) of such subsection.
(2) NETWORK.—Not later than September 1, 2017, the
Comptroller General shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a re-
view of the network established under TRICARE Extra, includ-
ing the following:
(A) An identification of the percent of beneficiaries who
are covered by the network.
(B) An assessment of the extent to which beneficiaries
are able to obtain appointments under TRICARE Extra.
(C) The percent of network providers under TRICARE
Extra that accept new patients under the TRICARE pro-
gram.
(D) An assessment of the satisfaction of beneficiaries
under TRICARE Extra.
(h) PILOT PROGRAM ON INCORPORATION OF VALUE-BASED
HEALTH CARE IN PURCHASED CARE COMPONENT OF TRICARE PRO-
GRAM.—
(1) IN GENERAL.—Not later than January 1, 2018, the Sec-
retary of Defense shall carry out a pilot program to demonstrate
and assess the feasibility of incorporating value-based health
care methodology in the purchased care component of the
TRICARE program by reducing copayments or cost shares for
targeted populations of covered beneficiaries in the receipt of
high-value medications and services and the use of high-value
providers under such purchased care component, including by
exempting certain services from deductible requirements.
(2) REQUIREMENTS.—In carrying out the pilot program
under paragraph (1), the Secretary shall—
(A) identify each high-value medication and service
that is covered under the purchased care component of the
TRICARE program for which a reduction or elimination of
the copayment or cost share for such medication or service
would encourage covered beneficiaries to use the medication
or service;
(B) reduce or eliminate copayments or cost shares for
covered beneficiaries to receive high-value medications and
services;
(C) reduce or eliminate copayments or cost shares for
covered beneficiaries to receive health care services from
high-value providers;
(D) credit the amount of any reduction or elimination
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of a copayment or cost share under subparagraph (B) or (C)

for a covered beneficiary towards meeting a deductible ap-
plicable to the covered beneficiary in the purchased care

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 191

component of the TRICARE program to the same extent as

if such reduction or elimination had not applied; and
(E) develop a process to reimburse high-value providers
at rates higher than those rates for health care providers
that are not high-value providers.
(3) REPORT ON VALUE-BASED HEALTH CARE METHOD-
OLOGY.—Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report that includes the following:
(A) A list of each high-value medication and service
identified under paragraph (2)(A) for which the copayment
or cost share amount will be reduced or eliminated under
the pilot program to encourage covered beneficiaries to use
such medications and services through the purchased care
component of the TRICARE program.
(B) For each high-value medication and service identi-
fied under paragraph (2)(A), the amount of the copayment
or cost share required under the purchased care component
of the TRICARE program and the amount of any reduction
or elimination of such copayment or cost share pursuant to
the pilot program.
(C) A description of a plan to identify and commu-
nicate to covered beneficiaries, through multiple commu-
nication media—
(i) the list of high-value medications and services
described in subparagraph (A); and
(ii) a list of high-value providers.
(D) A description of modifications, if any, to existing
health care contracts that may be required to implement
value-based health care methodology in the purchased care
component of the TRICARE program under the pilot pro-
gram and the estimated costs of those contract modifica-
tions.
(4) COMPTROLLER GENERAL PRELIMINARY REVIEW AND AS-
SESSMENT.—
(A) Not later than March 1, 2021, the Comptroller Gen-
eral of the United States shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a review and assessment of the preliminary results of
the pilot program.
(B) The review and assessment required under sub-
paragraph (A) shall include the following:
(i) An assessment of the extent of the use of value-
based health care methodology in the purchased care
component of the TRICARE program under the pilot
program.
(ii) An analysis demonstrating how reducing or
eliminating the copayment or cost share for each high-
value medication and service identified under para-
graph (2)(A) resulted in—
(I) increased adherence to medication regi-
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mens;
(II) improvement of quality measures;
(III) improvement of health outcomes;

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 192

(IV) reduction of number of emergency room

visits or hospitalizations; and
(V) enhancement of experience of care for cov-
ered beneficiaries.
(iii) Such recommendations for incentivizing the
use of high-value medications and services to improve
health outcomes and the experience of care for bene-
ficiaries as the Comptroller General considers appro-
priate.
(5) REVIEW AND ASSESSMENT OF PILOT PROGRAM.—
(A) Not later than January 1, 2023, the Secretary shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a review and assessment
of the pilot program.
(B) The review and assessment required under sub-
paragraph (A) shall include the following:
(i) An assessment of the extent of the use of value-
based health care methodology in the purchased care
component of the TRICARE program under the pilot
program.
(ii) An analysis demonstrating how reducing or
eliminating the copayment or cost share for each high-
value medication and service identified under para-
graph (2)(A) resulted in—
(I) increased adherence to medication regi-
mens;
(II) improvement of quality measures;
(III) improvement of health outcomes; and
(IV) enhancement of experience of care for cov-
ered beneficiaries.
(iii) A cost-benefit analysis of the implementation
of value-based health care methodology in the pur-
chased care component of the TRICARE program
under the pilot program.
(iv) Such recommendations for incentivizing the
use of high-value medications and services to improve
health outcomes and the experience of care for covered
beneficiaries as the Secretary considers appropriate.
(6) TERMINATION.—The Secretary may not carry out the
pilot program after December 31, 2022.
(i) DEFINITIONS.—In this section:
(1) The terms ‘‘uniformed services’’, ‘‘covered beneficiary’’,
‘‘TRICARE Extra’’, ‘‘TRICARE for Life’’, ‘‘TRICARE Prime’’,
and ‘‘TRICARE Standard’’, have the meaning given those terms
in section 1072 of title 10, United States Code, as amended by
subsection (j).
(2) The term ‘‘TRICARE Select’’ means the self-managed,
preferred-provider network option under the TRICARE program
established by section 1075 of such title, as added by subsection
(a).
(3) The term ‘‘chronic conditions’’ includes diabetes, chronic
obstructive pulmonary disease, asthma, congestive heart failure,
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hypertension, history of stroke, coronary artery disease, mood

disorders, and such other diseases or conditions as the Sec-
retary considers appropriate.

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 193

(4) The term ‘‘high-value medications and services’’ means

prescription medications and clinical services for the manage-
ment of chronic conditions that the Secretary determines would
improve health outcomes and create health value for covered
beneficiaries (such as preventive care, primary and specialty
care, diagnostic tests, procedures, and durable medical equip-
ment).
(5) The term ‘‘high-value provider’’ means an individual or
institutional health care provider that provides health care
under the purchased care component of the TRICARE program
and that consistently improves the experience of care, meets es-
tablished quality of care and effectiveness metrics, and reduces
the per capita costs of health care.
(6) The term ‘‘value-based health care methodology’’ means
a methodology for identifying specific prescription medications
and clinical services provided under the TRICARE program for
which reduction of copayments, cost shares, or both, would im-
prove the management of specific chronic conditions because of
the high value and clinical effectiveness of such medications
and services for such chronic conditions.
(j) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Title 10, United States Code, is amended
as follows:
(A) Section 1072 is amended—
(i) by striking paragraph (7) and inserting the fol-
lowing:
‘‘(7) The term ‘TRICARE program’ means the various pro-
grams carried out by the Secretary of Defense under this chap-
ter and any other provision of law providing for the furnishing
of medical and dental care and health benefits to members and
former members of the uniformed services and their dependents,
including the following health plan options:
‘‘(A) TRICARE Prime.
‘‘(B) TRICARE Select.
‘‘(C) TRICARE for Life.’’; and
(ii) by adding at the end the following new para-
graphs:
‘‘(11) The term ‘TRICARE Extra’ means the preferred-pro-
vider option of the TRICARE program made available prior to
January 1, 2018, under which TRICARE Standard bene-
ficiaries may obtain discounts on cost sharing as a result of
using TRICARE network providers.
‘‘(12) The term ‘TRICARE Select’ means the self-managed,
preferred-provider network option under the TRICARE program
established by section 1075 of this title.
‘‘(13) The term ‘TRICARE for Life’ means the Medicare
wraparound coverage option of the TRICARE program made
available to the beneficiary by reason of section 1086(d) of this
title.
‘‘(14) The term ‘TRICARE Prime’ means the managed care
option of the TRICARE program.
‘‘(15) The term ‘TRICARE Standard’ means the TRICARE
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program made available prior to January 1, 2018, covering—

‘‘(A) medical care to which a dependent described in
section 1076(a)(2) of this title is entitled; and

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 194

‘‘(B) health benefits contracted for under the authority

of section 1079(a) of this title and subject to the same rates
and conditions as apply to persons covered under that sec-
tion.’’.
(B) Section 1076d is amended—
(i) in subsection (d)(1), by inserting after ‘‘cov-
erage.’’ the following: ‘‘Such premium shall apply in-
stead of any enrollment fees required under section
1075 of this section.’’; and
(ii) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph:
‘‘(2) The term ‘TRICARE Reserve Select’ means the
TRICARE Select self-managed, preferred-provider network op-
tion under section 1075 made available to beneficiaries by rea-
son of this section and in accordance with subsection (d)(1).’’;
and
(iii) by striking ‘‘TRICARE Standard’’ each place it
appears (including in the heading of such section) and
inserting ‘‘TRICARE Reserve Select’’.
(C) Section 1076e is amended—
(i) in subsection (d)(1), by inserting after ‘‘cov-
erage.’’ the following: ‘‘Such premium shall apply in-
stead of any enrollment fees required under section
1075 of this section.’’; and
(ii) in subsection (f), by striking paragraph (2) and
inserting the following new paragraph:
‘‘(2) The term ‘TRICARE Retired Reserve’ means the
TRICARE Select self-managed, preferred-provider network op-
tion under section 1075 made available to beneficiaries by rea-
son of this section and in accordance with subsection (d)(1).’’;
(iii) in subsection (b), by striking ‘‘TRICARE
Standard coverage at’’ and inserting ‘‘TRICARE cov-
erage at’’; and
(iv) by striking ‘‘TRICARE Standard’’ each place it
appears (including in the heading of such section) and
inserting ‘‘TRICARE Retired Reserve’’.
(D) Section 1079a is amended—
(i) in the section heading, by striking
‘‘CHAMPUS’’ and inserting ‘‘TRICARE program’’;
and
(ii) by striking ‘‘the Civilian Health and Medical
Program of the Uniformed Services’’ and inserting ‘‘the
TRICARE program’’.
(E) Section 1099(c) is amended by striking paragraph
(2) and inserting the following new paragraph:
‘‘(2) A plan under the TRICARE program.’’.
(F) Section 1110b(c)(1) is amended by inserting after
‘‘(b).’’ the following: ‘‘Such premium shall apply instead of
any enrollment fees required under section 1075 of this sec-
tion.’’.
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(2) CLERICAL AMENDMENTS.—The table of sections at the

beginning of chapter 55 of title 10, United States Code, is fur-
ther amended—

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 195

(A) in the item relating to section 1076d, by striking

‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Reserve
Select’’;
(B) in the item relating to section 1076e, by striking
‘‘TRICARE Standard’’ and inserting ‘‘TRICARE Retired
Reserve’’;
(C) in the item relating to section 1079a, by striking
‘‘CHAMPUS’’ and inserting ‘‘TRICARE program’’; and
(D) in the item relating to section 1095f, by striking
‘‘for specialty health care’’ and inserting ‘‘and
preauthorizations under TRICARE Prime’’.
(3) CONFORMING STYLE.—Any new language inserted or
added to title 10, United States Code, by an amendment made
by this subsection shall conform to the typeface and typestyle of
the matter in which the language is so inserted or added.
(k) APPLICATION.—The amendments made by this section shall
apply with respect to the provision of health care under the
TRICARE program beginning on January 1, 2018.
SEC. 702. REFORM OF ADMINISTRATION OF THE DEFENSE HEALTH
AGENCY AND MILITARY MEDICAL TREATMENT FACILI-
TIES.
(a) ADMINISTRATION.—
(1) IN GENERAL.—Chapter 55 of title 10, United States
Code, is amended by inserting after section 1073b the following
new section:
‘‘§ 1073c. Administration of Defense Health Agency and mili-
tary medical treatment facilities
‘‘(a) ADMINISTRATION OF MILITARY MEDICAL TREATMENT FA-
CILITIES.—(1) Beginning October 1, 2018, the Director of the Defense
Health Agency shall be responsible for the administration of each
military medical treatment facility, including with respect to—
‘‘(A) budgetary matters;
‘‘(B) information technology;
‘‘(C) health care administration and management;
‘‘(D) administrative policy and procedure;
‘‘(E) miliary medical construction; and
‘‘(F) any other matters the Secretary of Defense determines
appropriate.
‘‘(2) The commander of each military medical treatment facility
shall be responsible for—
‘‘(A) ensuring the readiness of the members of the armed
forces and civilian employees at such facility; and
‘‘(B) furnishing the health care and medical treatment pro-
vided at such facility.
‘‘(3) The Secretary of Defense shall establish within the Defense
Health Agency a professional staff to provide policy, oversight, and
direction to carry out subsection (a). The Secretary shall carry out
this paragraph by appointing the positions specified in subsections
(b) and (c).
‘‘(b) DHA ASSISTANT DIRECTOR.—(1) There is in the Defense
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Health Agency an Assistant Director for Health Care Administra-

tion. The Assistant Director shall—
‘‘(A) be a career appointee within the Department; and

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 196

‘‘(B) report directly to the Director of the Defense Health

Agency.
‘‘(2) The Assistant Director shall be appointed from among indi-
viduals who have equivalent education and experience as a chief ex-
ecutive officer leading a large, civilian health care system.
‘‘(3) The Assistant Director shall be responsible for the fol-
lowing:
‘‘(A) Establishing priorities for health care administration
and management.
‘‘(B) Establishing policies, procedures, and direction for the
provision of direct care at military medical treatment facilities.
‘‘(C) Establishing priorities for budgeting matters with re-
spect to the provision of direct care at military medical treat-
ment facilities.
‘‘(D) Establishing policies, procedures, and direction for
clinic management and operations at military medical treat-
ment facilities.
‘‘(E) Establishing priorities for information technology at
and between the military medical treatment facilities.
‘‘(c) DHA DEPUTY ASSISTANT DIRECTORS.—(1)(A) There is in
the Defense Health Agency a Deputy Assistant Director for Informa-
tion Operations.
‘‘(B) The Deputy Assistant Director for Information Operations
shall be responsible for policies, management, and execution of in-
formation technology operations at and between the military med-
ical treatment facilities.
‘‘(2)(A) There is in the Defense Health Agency a Deputy Assist-
ant Director for Financial Operations.
‘‘(B) The Deputy Assistant Director for Financial Operations
shall be responsible for the policy, procedures, and direction of
budgeting matters and financial management with respect to the
provision of direct care across the military health system.
‘‘(3)(A) There is in the Defense Health Agency a Deputy Assist-
ant Director for Health Care Operations.
‘‘(B) The Deputy Assistant Director for Health Care Operations
shall be responsible for the policy, procedures, and direction of
health care administration in the military medical treatment facili-
ties.
‘‘(4)(A) There is in the Defense Health Agency a Deputy Assist-
ant Director for Medical Affairs.
‘‘(B) The Deputy Assistant Director for Medical Affairs shall be
responsible for policy, procedures, and direction of clinical quality
and process improvement, patient safety, infection control, graduate
medical education, clinical integration, utilization review, risk man-
agement, patient experience, and civilian physician recruiting.
‘‘(5) Each Deputy Assistant Director appointed under para-
graphs (1) through (4) shall report directly to the Assistant Director
for Health Care Administration.
‘‘(d) CERTAIN RESPONSIBILITIES OF DHA DIRECTOR.—(1) In ad-
dition to the other duties of the Director of the Defense Health Agen-
cy, the Director shall coordinate with the Joint Staff Surgeon to en-
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sure that the Director most effectively carries out the responsibilities
of the Defense Health Agency as a combat support agency under sec-
tion 193 of this title.

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 197

‘‘(2) The responsibilities of the Director shall include the fol-

lowing:
‘‘(A) Ensuring that the Defense Health Agency meets the
operational needs of the commanders of the combatant com-
mands.
‘‘(B) Coordinating with the military departments to ensure
that the staffing at the military medical treatment facilities
supports readiness requirements for members of the armed
forces and health care personnel.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘career appointee’ has the meaning given that
term in section 3132(a)(4) of title 5.
‘‘(2) The term ‘Defense Health Agency’ means the Defense
Agency established pursuant to Department of Defense Directive
5136.13, or such successor Defense Agency.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter is amended by inserting after the item
relating to section 1073b the following new item:
‘‘1073c. Administration of Defense Health Agency and military medical treatment fa-
cilities.’’.
(b) POSITIONS OF SURGEON GENERAL IN THE ARMED FORCES.—
(1) SURGEON GENERAL OF THE ARMY.—Section 3036 of title
10, United States Code, is amended—
(A) in subsection (d), by striking ‘‘(1)’’;
(B) by redesignating subsection (e) as subsection (g);
(C) by inserting after subsection (d) a new subsection
(e);
(D) by transferring paragraphs (2) and (3) of sub-
section (d) to subsection (e), as added by subparagraph (C),
and redesignating such paragraphs as paragraphs (1) and
(2), respectively; and
(E) by adding after subsection (e), as added by sub-
paragraph (C), the following new subsection (f):
‘‘(f)(1) The Surgeon General serves as the principal advisor to
the Secretary of the Army and the Chief of Staff of the Army on all
health and medical matters of the Army, including strategic plan-
ning and policy development relating to such matters.
‘‘(2) The Surgeon General serves as the chief medical advisor of
the Army to the Director of the Defense Health Agency on matters
pertaining to military health readiness requirements and safety of
members of the Army.
‘‘(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Army, shall recruit, organize,
train, and equip, medical personnel of the Army.’’.
(2) SURGEON GENERAL OF THE NAVY.—
(A) IN GENERAL.—Section 5137 of title 10, United
States Code, is amended to read as follows:
‘‘§ 5137. Surgeon General: appointment; duties
‘‘(a) APPOINTMENT.—The Surgeon General of the Navy shall be
appointed by the President, by and with the advice and consent of
the Senate, for a term of four years, from officers on the active-duty
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list of the Navy in any corps of the Navy Medical Department.

‘‘(b) DUTIES.—(1) The Surgeon General serves as the Chief of
the Bureau of Medicine and Surgery and serves as the principal ad-

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 198

visor to the Secretary of the Navy and the Chief of Naval Operations
on all health and medical matters of the Navy and the Marine
Corps, including strategic planning and policy development relating
to such matters.
‘‘(2) The Surgeon General serves as the chief medical advisor of
the Navy and the Marine Corps to the Director of the Defense
Health Agency on matters pertaining to military health readiness
requirements and safety of members of the Navy and the Marine
Corps.
‘‘(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Navy, shall recruit, organize,
train, and equip, medical personnel of the Navy and the Marine
Corps.’’.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 513 of such title is amended by
striking the item relating to section 5137 and inserting the
following new item:
‘‘5137. Surgeon General: appointment; duties.’’.
(3) SURGEON GENERAL OF THE AIR FORCE.—
(A) IN GENERAL.—Section 8036 of title 10, United
States Code, is amended to read as follows:
‘‘§ 8036. Surgeon General: appointment; duties
‘‘(a) APPOINTMENT.—The Surgeon General of the Air Force shall
be appointed by the President, by and with the advice and consent
of the Senate from officers of the Air Force who are in the Air Force
medical department.
‘‘(b) DUTIES.—(1) The Surgeon General serves as the principal
advisor to the Secretary of the Air Force and the Chief of Staff of
the Air Force on all health and medical matters of the Air Force,
including strategic planning and policy development relating to
such matters.
‘‘(2) The Surgeon General serves as the chief medical advisor of
the Air Force to the Director of the Defense Health Agency on mat-
ters pertaining to military health readiness requirements and safety
of members of the Air Force.
‘‘(3) The Surgeon General, acting under the authority, direction,
and control of the Secretary of the Air Force, shall recruit, organize,
train, and equip, medical personnel of the Air Force.’’.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 805 of such title is amended by
striking the item relating to section 8036 and inserting the
following new item:
‘‘8036. Surgeon General: appointment; duties.’’.
(c) APPOINTMENTS.—The Secretary of Defense shall make ap-
pointments of the positions under section 1073c of title 10, United
States Code, as added by subsection (a)—
(1) by not later than October 1, 2018; and
(2) by not increasing the number of full-time equivalent em-
ployees of the Defense Health Agency.
(d) IMPLEMENTATION PLAN.—
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(1) IN GENERAL.—The Secretary of Defense shall develop a

plan to implement section 1073c of title 10, United States Code,
as added by subsection (a).

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 199

(2) ELEMENTS.—The plan developed under paragraph (1)

shall include the following:
(A) How the Secretary will carry out subsection (a) of
such section 1073c.
(B) Efforts to eliminate duplicative activities carried
out by the elements of the Defense Health Agency and the
military departments.
(C) Efforts to maximize efficiencies in the activities car-
ried out by the Defense Health Agency.
(D) How the Secretary will implement such section
1073c in a manner that reduces the number of members of
the Armed Forces, civilian employees who are full-time
equivalent employees, and contractors relating to the head-
quarters activities of the military health system, as of the
date of the enactment of this Act.
(e) REPORTS.—
(1) INTERIM REPORT.—Not later than March 1, 2017, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report con-
taining—
(A) a preliminary draft of the plan developed under
subsection (d)(1); and
(B) any recommendations for legislative actions the
Secretary determines necessary to carry out the plan.
(2) FINAL REPORT.—Not later than March 1, 2018, the Sec-
retary shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing the
final version of the plan developed under subsection (d)(1).
(3) COMPTROLLER GENERAL REVIEWS.—
(A) The Comptroller General of the United States shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate—
(i) a review of the preliminary draft of the plan
submitted under paragraph (1) by not later than Sep-
tember 1, 2017; and
(ii) a review of the final version of the plan sub-
mitted under paragraph (2) by not later than Sep-
tember 1, 2018.
(B) Each review of the plan conducted under subpara-
graph (A) shall determine whether the Secretary has ad-
dressed the required elements for the plan under subsection
(d)(2).
SEC. 703. MILITARY MEDICAL TREATMENT FACILITIES.
(a) ADMINISTRATION.—
(1) IN GENERAL.—Chapter 55 of title 10, United States
Code, as amended by section 702, is further amended by insert-
ing after section 1073c the following new section:
‘‘§ 1073d. Military medical treatment facilities
‘‘(a) IN GENERAL.—To support the medical readiness of the
armed forces and the readiness of medical personnel, the Secretary
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of Defense, in consultation with the Secretaries of the military de-

partments, shall maintain the military medical treatment facilities
described in subsections (b), (c), and (d).

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‘‘(b) MEDICAL CENTERS.—(1) The Secretary of Defense shall

maintain medical centers in areas with a large population of mem-
bers of the armed forces and covered beneficiaries.
‘‘(2) Medical centers shall serve as referral facilities for mem-
bers and covered beneficiaries who require comprehensive health
care services that support medical readiness.
‘‘(3) Medical centers shall consist of the following:
‘‘(A) Inpatient and outpatient tertiary care facilities that in-
corporate specialty and subspecialty care.
‘‘(B) Graduate medical education programs.
‘‘(C) Residency training programs.
‘‘(D) Level one or level two trauma care capabilities.
‘‘(4) The Secretary may designate a medical center as a regional
center of excellence for unique and highly specialized health care
services, including with respect to polytrauma, organ transplan-
tation, and burn care.
‘‘(c) HOSPITALS.—(1) The Secretary of Defense shall maintain
hospitals in areas where civilian health care facilities are unable to
support the health care needs of members of the armed forces and
covered beneficiaries.
‘‘(2) Hospitals shall provide—
‘‘(A) inpatient and outpatient health services to maintain
medical readiness; and
‘‘(B) such other programs and functions as the Secretary de-
termines appropriate.
‘‘(3) Hospitals shall consist of inpatient and outpatient care fa-
cilities with limited specialty care that the Secretary determines—
‘‘(A) is cost effective; or
‘‘(B) is not available at civilian health care facilities in the
area of the hospital.
‘‘(d) AMBULATORY CARE CENTERS.—(1) The Secretary of Defense
shall maintain ambulatory care centers in areas where civilian
health care facilities are able to support the health care needs of
members of the armed forces and covered beneficiaries.
‘‘(2) Ambulatory care centers shall provide the outpatient health
services required to maintain medical readiness, including with re-
spect to partnerships established pursuant to section 706 of the Na-
tional Defense Authorization Act for Fiscal Year 2017.
‘‘(3) Ambulatory care centers shall consist of outpatient care fa-
cilities with limited specialty care that the Secretary determines—
‘‘(A) is cost effective; or
‘‘(B) is not available at civilian health care facilities in the
area of the ambulatory care center.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter, as amended by section 702, is further
amended by inserting after the item relating to section 1073c
the following new item:
‘‘1073d. Military medical treatment facilities.’’.
(3) SATELLITE CENTERS.—In addition to the centers of excel-
lence designated under section 1073d(b)(4) of title 10, United
States Code, as added by paragraph (1), the Secretary of De-
fense may establish satellite centers of excellence to provide spe-
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cialty care for certain conditions, including with respect to—

(A) post-traumatic stress;
(B) traumatic brain injury; and

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 201

(C) such other conditions as the Secretary considers ap-

propriate.
(b) EXCEPTION.—In carrying out section 1073d of title 10,
United States Code, as added by subsection (a)(1), the Secretary of
Defense may not restructure or realign the infrastructure of, or mod-
ify the health care services provided by, a military medical treat-
ment facility unless the Secretary determines that, if such a restruc-
ture, realignment, or modification will eliminate the ability of a cov-
ered beneficiary to access health care services at a military medical
treatment facility, the covered beneficiary will be able to access such
health care services through the purchased care component of the
TRICARE program.
(c) UPDATE OF STUDY.—
(1) IN GENERAL.—The Secretary of Defense, in collaboration
with the Secretaries of the military departments, shall update
the report described in paragraph (2) to address the restruc-
turing or realignment of military medical treatment facilities
pursuant to section 1073d of title 10, United States Code, as
added by subsection (a), including with respect to any expan-
sions or consolidations of such facilities.
(2) REPORT DESCRIBED.—The report described in this para-
graph is the Military Health System Modernization Study
dated May 29th, 2015, required by section 713(a)(2) of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Author-
ization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat.
3414).
(3) SUBMISSION.—Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees the updated report
under paragraph (1).
(d) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees an implementation plan
to restructure or realign the military medical treatment facili-
ties pursuant to section 1073d of title 10, United States Code,
as added by subsection (a).
(2) ELEMENTS.—The implementation plan under paragraph
(1) shall include the following:
(A) With respect to each military medical treatment fa-
cility—
(i) whether the facility will be realigned or restruc-
tured under the plan;
(ii) whether the functions of such facility will be
expanded or consolidated;
(iii) the costs of such realignment or restructuring;
(iv) a description of any changes to the military
and civilian personnel assigned to such facility as of
the date of the plan;
(v) a timeline for such realignment or restruc-
turing;
(vi) the justifications for such realignment or re-
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structuring, including an assessment of the capacity of

the civilian health care facilities located near such fa-
cility;

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(vii) a comprehensive assessment of the health care

services provided at the facility;
(viii) a description of the current accessibility of
covered beneficiaries to health care services provided at
the facility and proposed modifications to that accessi-
bility, including with respect to types of services pro-
vided;
(ix) a description of the current availability of ur-
gent care, emergent care, and specialty care at the fa-
cility and in the TRICARE provider network in the
area in which the facility is located, and proposed
modifications to the availability of such care;
(x) a description of the current level of coordination
between the facility and local health care providers in
the area in which the facility is located and proposed
modifications to such level of coordination; and
(xi) a description of any unique challenges to pro-
viding health care at the facility, with a focus on chal-
lenges relating to rural, remote, and insular areas, as
appropriate.
(B) A description of the relocation of the graduate med-
ical education programs and the residency programs.
(C) A description of the plans to assist members of the
Armed Forces and covered beneficiaries with travel and
lodging, if necessary, in connection with the receipt of spe-
cialty care services at regional centers of excellence des-
ignated under subsection (b)(4) of such section 1073d.
(D) A description of how the Secretary will carry out
subsection (b).
(3) GAO REPORT.—Not later than 60 days after the date on
which the Secretary of Defense submits the report under para-
graph (1), the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a review of such report.
(e) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 704. ACCESS TO URGENT AND PRIMARY CARE UNDER TRICARE
PROGRAM.
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, is
amended by inserting after section 1077 the following new section:
‘‘§ 1077a. Access to military medical treatment facilities and
other facilities
‘‘(a) URGENT CARE.—(1) The Secretary of Defense shall ensure
that military medical treatment facilities, at locations the Secretary
determines appropriate, provide urgent care services for members of
the armed forces and covered beneficiaries until 11:00 p.m. each
day.
‘‘(2) With respect to areas in which a military medical treatment
facility covered by paragraph (1) is not located, the Secretary shall
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ensure that members of the armed forces and covered beneficiaries

may access urgent care clinics through the health care provider net-
work under the TRICARE program.

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‘‘(3) A covered beneficiary may access urgent care services with-

out the need for preauthorization for such services.
‘‘(4) The Secretary shall—
‘‘(A) publish information about changes in access to urgent
care under the TRICARE program—
‘‘(i) on the primary publicly available Internet website
of the Department; and
‘‘(ii) on the primary publicly available Internet website
of each military medical treatment facility; and
‘‘(B) ensure that such information is made available on the
publicly available Internet website of each current managed
care support contractor that has established a health care pro-
vider network under the TRICARE program.
‘‘(b) NURSE ADVICE LINE.—The Secretary shall ensure that the
nurse advice line of the Department directs covered beneficiaries
seeking access to care to the source of the most appropriate level of
health care required to treat the medical conditions of the bene-
ficiaries, including urgent care services described in subsection (a).
‘‘(c) PRIMARY CARE CLINICS.—(1) The Secretary shall ensure
that primary care clinics at military medical treatment facilities are
available for members of the armed forces and covered beneficiaries
between the hours determined appropriate under paragraph (2), in-
cluding with respect to expanded hours described in subparagraph
(B) of such paragraph.
‘‘(2)(A) The Secretary shall determine the hours that each pri-
mary care clinic at a military medical treatment facility is available
for members of the armed forces and covered beneficiaries based
on—
‘‘(i) the needs of the military medical treatment facility to
meet the access standards under the TRICARE Prime program;
and
‘‘(ii) the primary care utilization patterns of members and
covered beneficiaries at such military medical treatment facil-
ity.
‘‘(B) The primary care clinic hours at a military medical treat-
ment facility determined under subparagraph (A) shall include ex-
panded hours beyond regular business hours during weekdays and
the weekend if the Secretary determines under such subparagraph
that sufficient demand exists at the military medical treatment fa-
cility for such expanded primary care clinic hours.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1077 the following new item:
‘‘1077a. Access to military medical treatment facilities and other facilities’’.
(c) IMPLEMENTATION.—The Secretary of Defense shall imple-
ment—
(1) subsection (a) of section 1077a of title 10, United States
Code, as added by subsection (a) of this section, by not later
than one year after the date of the enactment of this Act; and
(2) subsection (c) of such section by not later than 180 days
after the date of the enactment of this Act.
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SEC. 705. VALUE-BASED PURCHASING AND ACQUISITION OF MANAGED

CARE SUPPORT CONTRACTS FOR TRICARE PROGRAM.
(a) VALUE-BASED HEALTH CARE.—

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(1) IN GENERAL.—The Secretary of Defense shall develop

and implement value-based incentive programs as part of any
contract awarded under chapter 55 of title 10, United States
Code, for the provision of health care services to covered bene-
ficiaries to encourage health care providers under the TRICARE
program (including physicians, hospitals, and other persons
and facilities involved in providing such health care services) to
improve the following:
(A) The quality of health care provided to covered bene-
ficiaries under the TRICARE program.
(B) The experience of covered beneficiaries in receiving
health care under the TRICARE program.
(C) The health of covered beneficiaries.
(2) VALUE-BASED INCENTIVE PROGRAMS.—
(A) DEVELOPMENT.—In developing value-based incen-
tive programs under paragraph (1), the Secretary shall—
(i) link payments to health care providers under
the TRICARE program to improved performance with
respect to quality, cost, and reducing the provision of
inappropriate care;
(ii) consider the characteristics of the population of
covered beneficiaries affected by the value-based incen-
tive program;
(iii) consider how the value-based incentive pro-
gram would affect the receipt of health care under the
TRICARE program by such covered beneficiaries;
(iv) establish or maintain an assurance that such
covered beneficiaries will have timely access to health
care during the operation of the value-based incentive
program;
(v) ensure that such covered beneficiaries do not
incur any additional costs by reason of the value-based
incentive program; and
(vi) consider such other factors as the Secretary
considers appropriate.
(B) SCOPE AND METRICS.—With respect to a value-
based incentive program developed and implemented under
paragraph (1), the Secretary shall ensure that—
(i) the size, scope, and duration of the value-based
incentive program is reasonable in relation to the pur-
pose of the value-based incentive program; and
(ii) the value-based incentive program relies on the
core quality performance metrics adopted pursuant to
section 728.
(3) USE OF EXISTING MODELS.—In developing a value-based
incentive program under paragraph (1), the Secretary may
adapt a value-based incentive program conducted by a
TRICARE managed care support contractor, the Centers for
Medicare & Medicaid Services, or any other Federal Govern-
ment, State government, or commercial health care program.
(b) TRANSFER OF CONTRACTING RESPONSIBILITY.—With respect
to the acquisition of any managed care support contracts under the
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TRICARE program initiated after the date of the enactment of this

Act, the Secretary of Defense shall transfer contracting responsi-
bility for the solicitation and award of such contracts from the De-

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fense Health Agency to the Office of the Under Secretary of Defense

for Acquisition, Technology, and Logistics.
(c) ACQUISITION OF CONTRACTS.—
(1) STRATEGY.—Not later than January 1, 2018, the Sec-
retary of Defense shall develop and implement a strategy to en-
sure that managed care support contracts under the TRICARE
program entered into with private sector entities, other than
overseas medical support contracts—
(A) improve access to health care for covered bene-
ficiaries;
(B) improve health outcomes for covered beneficiaries;
(C) improve the quality of health care received by cov-
ered beneficiaries;
(D) enhance the experience of covered beneficiaries in
receiving health care; and
(E) lower per capita costs to the Department of Defense
of health care provided to covered beneficiaries.
(2) APPLICABILITY OF STRATEGY.—
(A) IN GENERAL.—The strategy required by paragraph
(1) shall apply to all managed care support contracts under
the TRICARE program entered into with private sector en-
tities.
(B) MODIFICATION OF CONTRACTS.—Contracts entered
into prior to the implementation of the strategy required by
paragraph (1) shall be modified to ensure consistency with
such strategy.
(3) LOCAL, REGIONAL, AND NATIONAL HEALTH PLANS.—In
developing and implementing the strategy required by para-
graph (1), the Secretary shall ensure that local, regional, and
national health plans have an opportunity to participate in the
competition for managed care support contracts under the
TRICARE program.
(4) CONTINUOUS INNOVATION.—The strategy required by
paragraph (1) shall include incentives for the incorporation of
innovative ideas and solutions into managed care support con-
tracts under the TRICARE program through the use of teaming
agreements, subcontracts, and other contracting mechanisms
that can be used to develop and continuously refresh high-per-
forming networks of health care providers at the national, re-
gional, and local level.
(5) ELEMENTS OF STRATEGY.—The strategy required by
paragraph (1) shall provide for the following with respect to
managed care support contracts under the TRICARE program:
(A) The maximization of flexibility in the design and
configuration of networks of individual and institutional
health care providers, including a focus on the development
of high-performing networks of health care providers.
(B) The establishment of an integrated medical man-
agement system between military medical treatment facili-
ties and health care providers in the private sector that,
when appropriate, effectively coordinates and integrates
health care across the continuum of care.
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(C) With respect to telehealth services—

(i) the maximization of the use of such services to
provide real-time interactive communications between

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 206

patients and health care providers and remote patient

monitoring; and
(ii) the use of standardized payment methods to re-
imburse health care providers for the provision of such
services.
(D) The use of value-based reimbursement methodolo-
gies, including through the use of value-based incentive
programs under subsection (a), that transfer financial risk
to health care providers and managed care support contrac-
tors.
(E) The use of financial incentives for contractors and
health care providers to receive an equitable share in the
cost savings to the Department resulting from improvement
in health outcomes for covered beneficiaries and the experi-
ence of covered beneficiaries in receiving health care.
(F) The use of incentives that emphasize prevention
and wellness for covered beneficiaries receiving health care
services from private sector entities to seek such services
from high-value health care providers.
(G) The adoption of a streamlined process for enroll-
ment of covered beneficiaries to receive health care and
timely assignment of primary care managers to covered
beneficiaries.
(H) The elimination of the requirement for a referral to
be authorized prior receiving specialty care services at a fa-
cility of the Department of Defense or through the
TRICARE program.
(I) The use of incentives to encourage covered bene-
ficiaries to participate in medical and lifestyle intervention
programs.
(6) RURAL, REMOTE, AND ISOLATED AREAS.—In developing
and implementing the strategy required by paragraph (1), the
Secretary shall—
(A) assess the unique characteristics of providing
health care services in Alaska, Hawaii, and the territories
and possessions of the United States, and in rural, remote,
or isolated locations in the contiguous 48 States;
(B) consider the various challenges inherent in devel-
oping robust networks of health care providers in those lo-
cations;
(C) develop a provider reimbursement rate structure in
those locations that ensures—
(i) timely access of covered beneficiaries to health
care services;
(ii) the delivery of high-quality primary and spe-
cialty care;
(iii) improvement in health outcomes for covered
beneficiaries; and
(iv) an enhanced experience of care for covered
beneficiaries; and
(D) ensure that managed care support contracts under
the TRICARE program in those locations will—
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(i) establish individual and institutional provider

networks that will provide timely access to care for cov-
ered beneficiaries, including pursuant to such networks

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 207

relating to an Indian tribe or tribal organization that

is party to the Alaska Native Health Compact with the
Indian Health Service or has entered into a contract
with the Indian Health Service to provide health care
in rural Alaska or other locations in the United States;
and
(ii) deliver high-quality care, better health out-
comes, and a better experience of care for covered bene-
ficiaries.
(d) REPORT PRIOR TO CERTAIN CONTRACT MODIFICATIONS.—Not
later than 60 days before the date on which the Secretary of Defense
first modifies a contract awarded under chapter 55 of title 10,
United States Code, to implement a value-based incentive program
under subsection (a), or the managed care support contract acquisi-
tion strategy under subsection (c), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of Rep-
resentatives a report on any implementation plan of the Secretary
with respect to such value-based incentive program or managed care
support contract acquisition strategy.
(e) COMPTROLLER GENERAL REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date on
which the Secretary submits the report under subsection (d), the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that assesses the compliance of the Sec-
retary of Defense with the requirements of subsection (a) and
subsection (c).
(2) ELEMENTS.—The report required by paragraph (1) shall
include an assessment of the following:
(A) Whether the approach of the Department of Defense
for acquiring managed care support contracts under the
TRICARE program—
(i) improves access to care;
(ii) improves health outcomes;
(iii) improves the experience of care for covered
beneficiaries; and
(iv) lowers per capita health care costs.
(B) Whether the Department has, in its requirements
for managed care support contracts under the TRICARE
program, allowed for—
(i) maximum flexibility in network design and de-
velopment;
(ii) integrated medical management between mili-
tary medical treatment facilities and network pro-
viders;
(iii) the maximum use of the full range of tele-
health services;
(iv) the use of value-based reimbursement methods
that transfer financial risk to health care providers
and managed care support contractors;
(v) the use of prevention and wellness incentives to
encourage covered beneficiaries to seek health care
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services from high-value providers;

(vi) a streamlined enrollment process and timely
assignment of primary care managers;

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(vii) the elimination of the requirement to seek au-

thorization for referrals for specialty care services;
(viii) the use of incentives to encourage covered
beneficiaries to engage in medical and lifestyle inter-
vention programs; and
(ix) the use of financial incentives for contractors
and health care providers to receive an equitable share
in cost savings resulting from improvements in health
outcomes and the experience of care for covered bene-
ficiaries.
(C) Whether the Department has considered, in devel-
oping requirements for managed care support contracts
under the TRICARE program, the following:
(i) The unique characteristics of providing health
care services in Alaska, Hawaii, and the territories and
possessions of the United States, and in rural, remote,
or isolated locations in the contiguous 48 States;
(ii) The various challenges inherent in developing
robust networks of health care providers in those loca-
tions.
(iii) A provider reimbursement rate structure in
those locations that ensures—
(I) timely access of covered beneficiaries to
health care services;
(II) the delivery of high-quality primary and
specialty care;
(III) improvement in health outcomes for cov-
ered beneficiaries; and
(IV) an enhanced experience of care for covered
beneficiaries.
(f) DEFINITIONS.—In this section:
(1) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-
gram’’ have the meaning given those terms in section 1072 of
title 10, United States Code.
(2) The term ‘‘high-performing networks of health care pro-
viders’’ means networks of health care providers that, in addi-
tion to such other requirements as the Secretary of Defense may
specify for purposes of this section, do the following:
(A) Deliver high quality health care as measured by
leading health quality measurement organizations such as
the National Committee for Quality Assurance and the
Agency for Healthcare Research and Quality.
(B) Achieve greater efficiency in the delivery of health
care by identifying and implementing within such network
improvement opportunities that guide patients through the
entire continuum of care, thereby reducing variations in the
delivery of health care and preventing medical errors and
duplication of medical services.
(C) Improve population-based health outcomes by using
a team approach to deliver case management, prevention,
and wellness services to high-need and high-cost patients.
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(D) Focus on preventive care that emphasizes—

(i) early detection and timely treatment of disease;
(ii) periodic health screenings; and

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 209

(iii) education regarding healthy lifestyle behav-

iors.
(E) Coordinate and integrate health care across the
continuum of care, connecting all aspects of the health care
received by the patient, including the patient’s health care
team.
(F) Facilitate access to health care providers, includ-
ing—
(i) after-hours care;
(ii) urgent care; and
(iii) through telehealth appointments, when appro-
priate.
(G) Encourage patients to participate in making health
care decisions.
(H) Use evidence-based treatment protocols that im-
prove the consistency of health care and eliminate ineffec-
tive, wasteful health care practices.
SEC. 706. ESTABLISHMENT OF HIGH PERFORMANCE MILITARY-CIVIL-
IAN INTEGRATED HEALTH DELIVERY SYSTEMS.
(a) IN GENERAL.—Not later than January 1, 2018, the Secretary
of Defense shall establish military-civilian integrated health deliv-
ery systems through partnerships with other health systems, includ-
ing local or regional health systems in the private sector—
(1) to improve access to health care for covered bene-
ficiaries;
(2) to enhance the experience of covered beneficiaries in re-
ceiving health care;
(3) to improve health outcomes for covered beneficiaries;
(4) to share resources between the Department of Defense
and the private sector, including such staff, equipment, and
training assets as may be required to carry out such integrated
health delivery systems;
(5) to maintain services within military treatment facilities
that are essential for the maintenance of operational medical
force readiness skills of health care providers of the Depart-
ment; and
(6) to provide members of the Armed Forces with additional
training opportunities to maintain such readiness skills.
(b) ELEMENTS OF SYSTEMS.—Each military-civilian integrated
health delivery system established under subsection (a) shall—
(1) deliver high quality health care as measured by leading
national health quality measurement organizations;
(2) achieve greater efficiency in the delivery of health care
by identifying and implementing within each such system im-
provement opportunities that guide patients through the entire
continuum of care, thereby reducing variations in the delivery
of health care and preventing medical errors and duplication of
medical services;
(3) improve population-based health outcomes by using a
team approach to deliver case management, prevention, and
wellness services to high-need and high-cost patients;
(4) focus on preventive care that emphasizes—
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(A) early detection and timely treatment of disease;

(B) periodic health screenings; and
(C) education regarding healthy lifestyle behaviors;

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(5) coordinate and integrate health care across the con-

tinuum of care, connecting all aspects of the health care re-
ceived by the patient, including the patient’s health care team;
(6) facilitate access to health care providers, including—
(A) after-hours care;
(B) urgent care; and
(C) through telehealth appointments, when appro-
priate;
(7) encourage patients to participate in making health care
decisions;
(8) use evidence-based treatment protocols that improve the
consistency of health care and eliminate ineffective, wasteful
health care practices; and
(9) improve coordination of behavioral health services with
primary health care.
(c) AGREEMENTS.—
(1) IN GENERAL.—In establishing military-civilian inte-
grated health delivery systems through partnerships under sub-
section (a), the Secretary shall seek to enter into memoranda of
understanding or contracts between military treatment facilities
and health maintenance organizations, health care centers of
excellence, public or private academic medical institutions, re-
gional health organizations, integrated health systems, account-
able care organizations, and such other health systems as the
Secretary considers appropriate.
(2) PRIVATE SECTOR CARE.—Memoranda of understanding
and contracts entered into under paragraph (1) shall ensure
that covered beneficiaries are eligible to enroll in and receive
medical services under the private sector components of mili-
tary-civilian integrated health delivery systems established
under subsection (a).
(3) VALUE-BASED REIMBURSEMENT METHODOLOGIES.—The
Secretary shall incorporate value-based reimbursement meth-
odologies, such as capitated payments, bundled payments, or
pay for performance, into memoranda of understanding and
contracts entered into under paragraph (1) to reimburse entities
for medical services provided to covered beneficiaries under
such memoranda of understanding and contracts.
(4) QUALITY OF CARE.—Each memorandum of under-
standing or contract entered into under paragraph (1) shall en-
sure that the quality of services received by covered beneficiaries
through a military-civilian integrated health delivery system
under such memorandum of understanding or contract is at
least comparable to the quality of services received by covered
beneficiaries from a military treatment facility.
(d) COVERED BENEFICIARY DEFINED.—In this section, the term
‘‘covered beneficiary’’ has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 707. JOINT TRAUMA SYSTEM.
(a) PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
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to the Committees on Armed Services of the House of Represent-

atives and the Senate an implementation plan to establish a
Joint Trauma System within the Defense Health Agency that

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promotes improved trauma care to members of the Armed

Forces and other individuals who are eligible to be treated for
trauma at a military medical treatment facility.
(2) IMPLEMENTATION.—The Secretary shall implement the
plan under paragraph (1) after a 90-day period has elapsed fol-
lowing the date on which the Comptroller General of the United
States is required to submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate the review
under subsection (c). In implementing such plan, the Secretary
shall take into account any recommendation made by the
Comptroller General under such review.
(b) ELEMENTS.—The Joint Trauma System described in sub-
section (a)(1) shall include the following elements:
(1) Serve as the reference body for all trauma care provided
across the military health system.
(2) Establish standards of care for trauma services pro-
vided at military medical treatment facilities.
(3) Coordinate the translation of research from the centers
of excellence of the Department of Defense into standards of
clinical trauma care.
(4) Coordinate the incorporation of lessons learned from the
trauma education and training partnerships pursuant to sec-
tion 709 into clinical practice.
(c) REVIEW.—Not later than 180 days after the date on which
the Secretary submits to the Committees on Armed Services of the
House of Representatives and the Senate the implementation plan
under subsection (a)(1), the Comptroller General of the United
States shall submit to such committees a review of such plan to de-
termine if each element under subsection (b) is included in such
plan.
(d) REVIEW OF MILITARY TRAUMA SYSTEM.—In establishing a
Joint Trauma System, the Secretary of Defense may seek to enter
into an agreement with a non-governmental entity with subject mat-
ter experts to—
(1) conduct a system-wide review of the military trauma
system, including a comprehensive review of combat casualty
care and wartime trauma systems during the period beginning
on January 1, 2001, and ending on the date of the review, in-
cluding an assessment of lessons learned to improve combat
casualty care in future conflicts; and
(2) make publicly available a report containing such review
and recommendations to establish a comprehensive trauma sys-
tem for the Armed Forces.
SEC. 708. JOINT TRAUMA EDUCATION AND TRAINING DIRECTORATE.
(a) ESTABLISHMENT.—The Secretary of Defense shall establish a
Joint Trauma Education and Training Directorate (in this section
referred to as the ‘‘Directorate’’) to ensure that the traumatologists
of the Armed Forces maintain readiness and are able to be rapidly
deployed for future armed conflicts. The Secretary shall carry out
this section in collaboration with the Secretaries of the military de-
partments.
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(b) DUTIES.—The duties of the Directorate are as follows:

(1) To enter into and coordinate the partnerships under
subsection (c).

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(2) To establish the goals of such partnerships necessary for

trauma teams led by traumatologists to maintain professional
competency in trauma care.
(3) To establish metrics for measuring the performance of
such partnerships in achieving such goals.
(4) To develop methods of data collection and analysis for
carrying out paragraph (3).
(5) To communicate and coordinate lessons learned from
such partnerships with the Joint Trauma System established
under section 707.
(6) To develop standardized combat casualty care instruc-
tion for all members of the Armed Forces, including the use of
standardized trauma training platforms.
(7) To develop a comprehensive trauma care registry to
compile relevant data from point of injury through rehabilita-
tion of members of the Armed Forces.
(8) To develop quality of care outcome measures for combat
casualty care.
(9) To direct the conduct of research on the leading causes
of morbidity and mortality of members of the Armed Forces in
combat.
(c) PARTNERSHIPS.—
(1) IN GENERAL.—The Secretary may enter into partner-
ships with civilian academic medical centers and large metro-
politan teaching hospitals that have level I civilian trauma cen-
ters to provide integrated combat trauma teams, including for-
ward surgical teams, with maximum exposure to a high volume
of patients with critical injuries.
(2) TRAUMA TEAMS.—Under the partnerships entered into
with civilian academic medical centers and large metropolitan
teaching hospitals under paragraph (1), trauma teams of the
Armed Forces led by traumatologists of the Armed Forces shall
embed within the trauma centers of the medical centers and
hospitals on an enduring basis.
(3) SELECTION.—The Secretary shall select civilian aca-
demic medical centers and large metropolitan teaching hos-
pitals to enter into partnerships under paragraph (1) based on
patient volume, acuity, and other factors the Secretary deter-
mines necessary to ensure that the traumatologists of the Armed
Forces and the associated clinical support teams have adequate
and continuous exposure to critically injured patients.
(4) CONSIDERATION.—In entering into partnerships under
paragraph (1), the Secretary may consider the experiences and
lessons learned by the military departments that have entered
into memoranda of understanding with civilian medical centers
for trauma care.
(d) PERSONNEL MANAGEMENT PLAN.—
(1) PLAN.—The Secretary shall establish a personnel man-
agement plan for the following wartime medical specialties:
(A) Emergency medical services and prehospital care.
(B) Trauma surgery.
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(C) Critical care.

(D) Anesthesiology.
(E) Emergency medicine.

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(F) Other wartime medical specialties the Secretary de-

termines appropriate for purposes of the plan.
(2) ELEMENTS.—The elements of the plan established under
paragraph (1) shall include, at a minimum, the following:
(A) An accession plan for the number of qualified med-
ical personnel to maintain wartime medical specialties on
an annual basis in order to maintain the required number
of trauma teams as determined by the Secretary.
(B) The number of positions required in each such
medical specialty.
(C) Crucial organizational and operational assign-
ments for personnel in each such medical specialty.
(D) Career pathways for personnel in each such med-
ical specialty.
(3) IMPLEMENTATION.—The Secretaries of the military de-
partments shall carry out the plan established under paragraph
(1).
(e) IMPLEMENTATION PLAN.—Not later than July 1, 2017, the
Secretary of Defense shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate an implementa-
tion plan for establishing the Joint Trauma Education and Train-
ing Directorate under subsection (a), entering into partnerships
under subsection (c), and establishing the plan under subsection (d).
(f) LEVEL I CIVILIAN TRAUMA CENTER DEFINED.—In this sec-
tion, the term ‘‘level I civilian trauma center’’ means a comprehen-
sive regional resource that is a tertiary care facility central to the
trauma system and is capable of providing total care for every as-
pect of injury from prevention through rehabilitation.
SEC. 709. STANDARDIZED SYSTEM FOR SCHEDULING MEDICAL AP-
POINTMENTS AT MILITARY TREATMENT FACILITIES.
(a) STANDARDIZED SYSTEM.—
(1) IN GENERAL.—Not later than January 1, 2018, the Sec-
retary of Defense shall implement a system for scheduling med-
ical appointments at military treatment facilities that is stand-
ardized throughout the military health system to enable timely
access to care for covered beneficiaries.
(2) LACK OF VARIANCE.—The system implemented under
paragraph (1) shall ensure that the appointment scheduling
processes and procedures used within the military health sys-
tem do not vary among military treatment facilities.
(b) SOLE SYSTEM.—Upon implementation of the system under
subsection (a), no military treatment facility may use an appoint-
ment scheduling process other than such system.
(c) SCHEDULING OF APPOINTMENTS.—
(1) IN GENERAL.—Under the system implemented under
subsection (a), each military treatment facility shall use a cen-
tralized appointment scheduling capability for covered bene-
ficiaries that includes the ability to schedule appointments
manually via telephone as described in paragraph (2) or auto-
matically via a device that is connected to the Internet through
an online scheduling system described in paragraph (3).
(2) TELEPHONE APPOINTMENT PROCESS.—
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(A) IN GENERAL.—In the case of a covered beneficiary

who contacts a military treatment facility via telephone to
schedule an appointment under the system implemented

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under subsection (a), the Secretary shall implement stand-

ard processes to ensure that the needs of the covered bene-
ficiary are met during the first such telephone call.
(B) MATTERS INCLUDED.—The standard processes im-
plemented under subparagraph (A) shall include the fol-
lowing:
(i) The ability of a covered beneficiary, during the
telephone call to schedule an appointment, to also
schedule wellness visits or follow-up appointments dur-
ing the 180-day period beginning on the date of the re-
quest for the visit or appointment.
(ii) The ability of a covered beneficiary to indicate
the process through which the covered beneficiary pre-
fers to be reminded of future appointments, which may
include reminder telephone calls, emails, or cellular
text messages to the covered beneficiary at specified in-
tervals prior to appointments.
(3) ONLINE SYSTEM.—
(A) IN GENERAL.—The Secretary shall implement an
online scheduling system that is available 24 hours per
day, seven days per week, for purposes of scheduling ap-
pointments under the system implemented under subsection
(a).
(B) CAPABILITIES OF ONLINE SYSTEM.—The online
scheduling system implemented under subparagraph (A)
shall have the following capabilities:
(i) An ability to send automated email and text
message reminders, including repeat reminders, to pa-
tients regarding upcoming appointments.
(ii) An ability to store appointment records to en-
sure rapid access by medical personnel to appointment
data.
(d) STANDARDS FOR PRODUCTIVITY OF HEALTH CARE PRO-
VIDERS.—
(1) IN GENERAL.—The Secretary shall implement standards
for the productivity of health care providers at military treat-
ment facilities.
(2) MATTERS CONSIDERED.—In developing standards under
paragraph (1), the Secretary shall consider—
(A) civilian benchmarks for measuring the productivity
of health care providers;
(B) the optimal number of medical appointments for
each health care provider that would be required, as deter-
mined by the Secretary, to maintain access of covered bene-
ficiaries to health care from the Department; and
(C) the readiness requirements of the Armed Forces.
(e) PLAN.—
(1) IN GENERAL.—Not later than January 1, 2017, the Sec-
retary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a comprehensive plan
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to implement the system required under subsection (a).

(2) ELEMENTS.—The plan required under paragraph (1)
shall include the following:

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(A) A description of the manual appointment process to

be used at military treatment facilities under the system re-
quired under subsection (a).
(B) A description of the automated appointment process
to be used at military treatment facilities under such sys-
tem.
(C) A timeline for the full implementation of such sys-
tem throughout the military health system.
(f) BRIEFING.—Not later than February 1, 2018, the Secretary
shall brief the Committees on Armed Services of the Senate and the
House of Representatives on the implementation of the system re-
quired under subsection (a) and the standards for the productivity
of health care providers required under subsection (d).
(g) REPORT ON MISSED APPOINTMENTS.—
(1) IN GENERAL.—Not later than March 1 each year, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the total number of medical appointments at military treat-
ment facilities for which a covered beneficiary failed to appear
without prior notification during the one-year period preceding
the submittal of the report.
(2) ELEMENTS.—Each report under paragraph (1) shall in-
clude for each military treatment facility the following:
(A) An identification of the top five reasons for a cov-
ered beneficiary missing an appointment.
(B) A comparison of the number of missed appoint-
ments for specialty care versus primary care.
(C) An estimate of the cost to the Department of De-
fense of missed appointments.
(D) An assessment of strategies to reduce the number
of missed appointments.
(h) COVERED BENEFICIARY DEFINED.—In this section, the term
‘‘covered beneficiary’’ has the meaning given that term in section
1072 of title 10, United States Code.
Subtitle B—Other Health Care Benefits
SEC. 711. EXTENDED TRICARE PROGRAM COVERAGE FOR CERTAIN
MEMBERS OF THE NATIONAL GUARD AND DEPENDENTS
DURING CERTAIN DISASTER RESPONSE DUTY.
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, is
amended by inserting after section 1076e the following new section:
‘‘§ 1076f. TRICARE program: extension of coverage for certain
members of the National Guard and dependents
during certain disaster response duty
‘‘(a) EXTENDED COVERAGE.—During a period in which a mem-
ber of the National Guard is performing disaster response duty, the
member may be treated as being on active duty for a period of more
than 30 days for purposes of the eligibility of the member and de-
pendents of the member for health care benefits under the TRICARE
program if such period immediately follows a period in which the
member served on full-time National Guard duty under section
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502(f) of title 32, including pursuant to chapter 9 of such title, un-

less the Governor of the State (or, with respect to the District of Co-
lumbia, the mayor of the District of Columbia) determines that such

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 216

extended eligibility is not in the best interest of the member or the

State.
‘‘(b) CONTRIBUTION BY STATE.—(1) The Secretary shall charge
a State for the costs of providing coverage under the TRICARE pro-
gram to members of the National Guard of the State and the de-
pendents of the members pursuant to subsection (a). Such charges
shall be paid from the funds of the State or from any other non-
Federal funds.
‘‘(2) Any amounts received by the Secretary under paragraph (1)
shall be credited to the appropriation available for the Defense
Health Program Account under section 1100 of this title, shall be
merged with sums in such Account that are available for the fiscal
year in which collected, and shall be available under subsection (b)
of such section, including to carry out subsection (a) of this section.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘disaster response duty’ means duty per-
formed by a member of the National Guard in State status pur-
suant to an emergency declaration by the Governor of the State
(or, with respect to the District of Columbia, the mayor of the
District of Columbia) in response to a disaster or in preparation
for an imminent disaster.
‘‘(2) The term ‘State’ means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1076e the following new item:
‘‘1076f. TRICARE program: extension of coverage for certain members of the National
Guard and dependents during certain disaster response duty.’’.
SEC. 712. CONTINUITY OF HEALTH CARE COVERAGE FOR RESERVE
COMPONENTS.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of Defense shall conduct a
study of options for providing health care coverage that im-
proves the continuity of health care provided to current and
former members of the Selected Reserve of the Ready Reserve
who are not—
(A) serving on active duty;
(B) eligible for the Transitional Assistance Manage-
ment Program under section 1145 of title 10, United States
Code; or
(C) eligible for the Federal Employees Health Benefit
Program.
(2) ELEMENTS.—The study under paragraph (1) shall ad-
dress the following:
(A) Whether to allow current and former members of
the Selected Reserve to participate in the Federal Employ-
ees Health Benefit Program.
(B) Whether to pay a stipend to current and former
members to continue coverage in a health plan obtained by
the member.
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(C) Whether to allow current and former members to

participate in the TRICARE program under section 1076d
of title 10, United States Code.

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 217

(D) Whether to amend section 1076f of title 10, United

States Code, as added by section 711, to require the exten-
sion of TRICARE program coverage for members of the Na-
tional Guard assigned to Homeland Response Force Units
mobilized for a State emergency pursuant to chapter 9 of
title 32, United States Code.
(E) The findings and recommendations under section
748.
(F) Any other options for providing health care cov-
erage to current and former members of the Selected Re-
serve the Secretary considers appropriate.
(3) CONSULTATION.—In carrying out the study under para-
graph (1), the Secretary shall consult with, and obtain the opin-
ions of, current and former members of the Selected Reserve, in-
cluding the leadership of the Selected Reserve.
(4) SUBMISSION.—
(A) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study
under paragraph (1).
(B) MATTERS INCLUDED.—The report under subpara-
graph (A) shall include the following:
(i) A description of the health care coverage options
addressed by the Secretary under paragraph (2).
(ii) Identification of such health care coverage op-
tion that the Secretary recommends as the best option.
(iii) The justifications for such recommended best
option.
(iv) The number and proportion of the current and
former members of the Selected Reserve projected to
participate in such recommended best option.
(v) A determination of the appropriate cost sharing
for such recommended best option with respect to the
percentage contribution as a monthly premium for cur-
rent members of the Selected Reserve.
(vi) An estimate of the cost of implementing such
recommended best option.
(vii) Any legislative language required to imple-
ment such recommended best option.
(b) PILOT PROGRAM.—
(1) AUTHORIZATION.—The Secretary of Defense and the Di-
rector may jointly carry out a pilot program, at the election of
the Secretary, under which the Director provides commercial
health insurance coverage to eligible reserve component mem-
bers who enroll in a health benefits plan under paragraph (4)
as an individual, for self plus one coverage, or for self and fam-
ily coverage.
(2) ELEMENTS.—The pilot program shall—
(A) provide for enrollment by eligible reserve compo-
nent members, at the election of the member, in a health
benefits plan under paragraph (4) during an open enroll-
ment period established by the Director for purposes of this
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subsection;
(B) include a variety of national and regional health
benefits plans that—

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 218

(i) meet the requirements of this subsection;

(ii) are broadly representative of the health benefits
plans available in the commercial market; and
(iii) do not contain unnecessary restrictions, as de-
termined by the Director; and
(C) offer a sufficient number of health benefits plans in
order to provide eligible reserve component beneficiaries
with an ample choice of health benefits plans, as deter-
mined by the Director.
(3) DURATION.—If the Secretary elects to carry out the pilot
program, the Secretary and the Director shall carry out the
pilot program for not less than five years.
(4) HEALTH BENEFITS PLANS.—
(A) IN GENERAL.—In providing health insurance cov-
erage under the pilot program, the Director shall contract
with qualified carriers for a variety of health benefits
plans.
(B) DESCRIPTION OF PLANS.—Health benefits plans con-
tracted for under this subsection—
(i) may vary by type of plan design, covered bene-
fits, geography, and price;
(ii) shall include maximum limitations on out-of-
pocket expenses paid by an eligible reserve component
beneficiary for the health care provided; and
(iii) may not exclude an eligible reserve component
member who chooses to enroll.
(C) QUALITY OF PLANS.—The Director shall ensure that
each health benefits plan offered under this subsection of-
fers a high degree of quality, as determined by criteria that
include—
(i) access to an ample number of medical pro-
viders, as determined by the Director;
(ii) adherence to industry-accepted quality meas-
urements, as determined by the Director;
(iii) access to benefits described in paragraph (5),
including ease of referral for health care services; and
(iv) inclusion in the services covered by the plan of
advancements in medical treatments and technology as
soon as practicable in accordance with generally ac-
cepted standards of medicine.
(5) BENEFITS.—A health benefits plan offered by the Direc-
tor under this subsection shall include, at a minimum, the fol-
lowing benefits:
(A) The health care benefits provided under chapter 55
of title 10, United States Code, excluding pharmaceutical,
dental, and extended health care option benefits.
(B) Such other benefits as the Director determines ap-
propriate.
(6) CARE AT FACILITIES OF UNIFORMED SERVICES.—
(A) IN GENERAL.—If an eligible reserve component ben-
eficiary receives benefits described in paragraph (5) at a fa-
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cility of the uniformed services, the health benefits plan

under which the beneficiary is covered shall be treated as
a third-party payer under section 1095 of title 10, United

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 219

States Code, and shall pay charges for such benefits as de-
termined by the Secretary.
(B) MILITARY MEDICAL TREATMENT FACILITIES.—The
Secretary, in consultation with the Director—
(i) may contract with qualified carriers with which
the Director has contracted under paragraph (4) to pro-
vide health insurance coverage for health care services
provided at military treatment facilities under this
subsection; and
(ii) may receive payments under section 1095 of
title 10, United States Code, from qualified carriers for
health care services provided at military medical treat-
ment facilities under this subsection.
(7) SPECIAL RULE RELATING TO ACTIVE DUTY PERIOD.—
(A) IN GENERAL.—An eligible reserve component mem-
ber may not receive benefits under a health benefits plan
under this subsection during any period in which the mem-
ber is serving on active duty for more than 30 days.
(B) TREATMENT OF DEPENDENTS.—Subparagraph (A)
does not affect the coverage under a health benefits plan of
any dependent of an eligible reserve component member.
(8) ELIGIBILITY FOR FEDERAL EMPLOYEES HEALTH BENEFITS
PROGRAM.—An individual is not eligible to enroll in or be cov-
ered under a health benefits plan under this subsection if the
individual is eligible to enroll in a health benefits plan under
the Federal Employees Health Benefits Program.
(9) COST SHARING.—
(A) RESPONSIBILITY FOR PAYMENT.—
(i) IN GENERAL.—Except as provided in clause (ii),
an eligible reserve component member shall pay an an-
nual premium amount calculated under subparagraph
(B) for coverage under a health benefits plan under
this subsection and additional amounts described in
subparagraph (C) for health care services in connection
with such coverage.
(ii) ACTIVE DUTY PERIOD.—
(I) IN GENERAL.—During any period in which
an eligible reserve component member is serving on
active duty for more than 30 days, the eligible re-
serve component member is not responsible for
paying any premium amount under subparagraph
(B) or additional amounts under subparagraph
(C).
(II) COVERAGE OF DEPENDENTS.—With respect
to a dependent of an eligible reserve component
member that is covered under a health benefits
plan under this subsection, during any period de-
scribed in subclause (I) with respect to the mem-
ber, the Secretary shall, on behalf of the depend-
ent, pay 100 percent of the total annual amount of
a premium for coverage of the dependent under the
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plan and such cost-sharing amounts as may be ap-

plicable under the plan.
(B) PREMIUM AMOUNT.—

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 220

(i) IN GENERAL.—The annual premium calculated

under this subparagraph is an amount equal to 28 per-
cent of the total annual amount of a premium under
the health benefits plan selected.
(ii) TYPES OF COVERAGE.—The premium amounts
calculated under this subparagraph shall include sepa-
rate calculations for—
(I) coverage as an individual;
(II) self plus one coverage; and
(III) self and family coverage.
(C) ADDITIONAL AMOUNTS.—The additional amounts
described in this subparagraph with respect to an eligible
reserve component member are such cost-sharing amounts
as may be applicable under the health benefits plan under
which the member is covered.
(10) CONTRACTING.—
(A) IN GENERAL.—In contracting for health benefits
plans under paragraph (4), the Director may contract with
qualified carriers in a manner similar to the manner in
which the Director contracts with carriers under section
8902 of title 5, United States Code, including that—
(i) a contract under this subsection shall be for a
uniform term of not less than one year, but may be
made automatically renewable from term to term in the
absence of notice of termination by either party;
(ii) a contract under this subsection shall contain
a detailed statement of benefits offered and shall in-
clude such maximums, limitations, exclusions, and
other definitions of benefits determined by the Director
in accordance with paragraph (5);
(iii) a contract under this subsection shall ensure
that an eligible reserve component member who is eligi-
ble to enroll in a health benefits plan pursuant to such
contract is able to enroll in such plan; and
(iv) the terms of a contract under this subsection
relating to the nature, provision, or extent of coverage
or benefits (including payments with respect to bene-
fits) shall supersede and preempt any conflicting State
or local law.
(B) EVALUATION OF FINANCIAL SOLVENCY.—The Direc-
tor shall perform a thorough evaluation of the financial sol-
vency of an insurance carrier before entering into a contract
with the insurance carrier under subparagraph (A).
(11) RECOMMENDATIONS AND DATA.—
(A) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of Homeland Security, shall
provide recommendations and data to the Director with re-
spect to—
(i) matters involving military medical treatment
facilities;
(ii) matters unique to eligible reserve component
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members and dependents of such members; and

(iii) such other strategic guidance necessary for the
Director to administer this subsection as the Secretary

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 221

of Defense, in consultation with the Secretary of Home-

land Security, considers appropriate.
(B) LIMITATION ON IMPLEMENTATION.—The Director
shall not implement any recommendation provided by the
Secretary of Defense under subparagraph (A) if the Director
determines that the implementation of the recommendation
would result in eligible reserve components beneficiaries re-
ceiving less generous health benefits under this subsection
than the health benefits commonly available to individuals
under the Federal Employees Health Benefits Program dur-
ing the same period.
(12) TRANSMISSION OF INFORMATION.—On an annual basis
during each year in which the pilot program is carried out, the
Director shall provide the Secretary with information on the use
of health care benefits under the pilot program, including—
(A) the number of eligible reserve component bene-
ficiaries participating in the pilot program, listed by the
health benefits plan under which the beneficiary is covered;
(B) the number of health benefits plans offered under
the pilot program and a description of each such plan; and
(C) the costs of the health care provided under the
plans.
(13) FUNDING.—
(A) IN GENERAL.—The Secretary of Defense and the Di-
rector shall jointly establish an appropriate mechanism to
fund the pilot program.
(B) AVAILABILITY OF AMOUNTS.—Amounts shall be
made available to the Director pursuant to the mechanism
established under subparagraph (A), without fiscal year
limitation—
(i) for payments to health benefits plans under this
subsection; and
(ii) to pay the costs of administering this sub-
section.
(14) REPORTS.—
(A) INITIAL REPORTS.—Not later than one year after the
date on which the Secretary establishes the pilot program,
and annually thereafter for the following three years, the
Secretary shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report
on the pilot program.
(B) MATTERS INCLUDED.—The report under subpara-
graph (A) shall include, with respect to the year covered by
the report, the following:
(i) The number of eligible reserve component bene-
ficiaries participating in the pilot program, listed by
the health benefits plan under which the beneficiary is
covered.
(ii) The number of health benefits plans offered
under the pilot program.
(iii) The cost of the pilot program to the Depart-
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ment of Defense.
(iv) The estimated cost savings, if any, to the De-
partment of Defense.

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 222

(v) The average cost to the eligible reserve compo-

nent beneficiary.
(vi) The effect of the pilot program on the medical
readiness of the members of the reserve components.
(vii) The effect of the pilot program on access to
health care for members of the reserve components.
(C) FINAL REPORT.—Not later than 180 days before the
date on which the pilot program will terminate pursuant to
paragraph (3), the Secretary shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report on the pilot program that includes—
(i) the matters specified under subparagraph (B);
and
(ii) the recommendation of the Secretary regarding
whether to make the pilot program permanent or to ter-
minate the pilot program.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Director’’ means the Director of the Office of
Personnel Management.
(2) The term ‘‘eligible reserve component beneficiary’’ means
an eligible reserve component member enrolled in, or a depend-
ent of such a member described in subparagraph (A), (D), or (I)
of section 1072(2) of title 10, United States Code, covered under,
a health benefits plan under subsection (b).
(3) The term ‘‘eligible reserve component member’’ means a
member of the Selected Reserve of the Ready Reserve of an
Armed Force.
(4) The term ‘‘extended health care option’’ means the pro-
gram of extended benefits under subsections (d) and (e) of sec-
tion 1079 of title 10, United States Code.
(5) The term ‘‘Federal Employees Health Benefits Program’’
means the health insurance program under chapter 89 of title
5, United States Code.
(6) The term ‘‘qualified carrier’’ means an insurance carrier
that is licensed to issue group health insurance in any State,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, and
any territory or possession of the United States.
SEC. 713. PROVISION OF HEARING AIDS TO DEPENDENTS OF RETIRED
MEMBERS.
Section 1077 of title 10, United States Code, is amended—
(1) in subsection (a)(16), by striking ‘‘A hearing aid’’ and
inserting ‘‘Except as provided by subsection (g), a hearing aid’’;
and
(2) by adding at the end the following new subsection:
‘‘(g) In addition to the authority to provide a hearing aid under
subsection (a)(16), hearing aids may be sold under this section to
dependents of former members of the uniformed services at cost to
the United States.’’.
SEC. 714. COVERAGE OF MEDICALLY NECESSARY FOOD AND VITAMINS
FOR CERTAIN CONDITIONS UNDER THE TRICARE PRO-
GRAM.
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(a) IN GENERAL.—Section 1077 of title 10, United States Code,

as amended by section 713, is further amended—
(1) in subsection (a)—

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 223

(A) in paragraph (3), by inserting before the period at

the end the following: ‘‘, including, in accordance with sub-
section (g), medically necessary vitamins’’; and
(B) by adding at the end the following new paragraph:
‘‘(18) In accordance with subsection (g), medically necessary
food and the medical equipment and supplies necessary to ad-
minister such food (other than durable medical equipment and
supplies).’’; and
(2) by adding at the end the following new subsection:
‘‘(h)(1) Vitamins that may be provided under subsection (a)(3)
are vitamins used for the management of a covered disease or condi-
tion pursuant to the prescription, order, or recommendation (as ap-
plicable) of a physician or other health care professional qualified
to make such prescription, order, or recommendation.
‘‘(2) Medically necessary food that may be provided under sub-
section (a)(18)—
‘‘(A) is food, including a low protein modified food product
or an amino acid preparation product, that is—
‘‘(i) furnished pursuant to the prescription, order, or
recommendation (as applicable) of a physician or other
health care professional qualified to make such prescrip-
tion, order, or recommendation, for the dietary manage-
ment of a covered disease or condition;
‘‘(ii) a specially formulated and processed product (as
opposed to a naturally occurring foodstuff used in its nat-
ural state) for the partial or exclusive feeding of an indi-
vidual by means of oral intake or enteral feeding by tube;
‘‘(iii) intended for the dietary management of an indi-
vidual who, because of therapeutic or chronic medical
needs, has limited or impaired capacity to ingest, digest,
absorb, or metabolize ordinary foodstuffs or certain nutri-
ents, or who has other special medically determined nutri-
ent requirements, the dietary management of which cannot
be achieved by the modification of the normal diet alone;
‘‘(iv) intended to be used under medical supervision,
which may include in a home setting; and
‘‘(v) intended only for an individual receiving active
and ongoing medical supervision under which the indi-
vidual requires medical care on a recurring basis for,
among other things, instructions on the use of the food; and
‘‘(B) may not include—
‘‘(i) food taken as part of an overall diet designed to re-
duce the risk of a disease or medical condition or as
weight-loss products, even if the food is recommended by a
physician or other health care professional;
‘‘(ii) food marketed as gluten-free for the management
of celiac disease or non-celiac gluten sensitivity;
‘‘(iii) food marketed for the management of diabetes; or
‘‘(iv) such other products as the Secretary determines
appropriate.
‘‘(3) In this subsection, the term ‘covered disease or condition’
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means—
‘‘(A) inborn errors of metabolism;
‘‘(B) medical conditions of malabsorption;

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 224

‘‘(C) pathologies of the alimentary tract or the gastro-

intestinal tract;
‘‘(D) a neurological or physiological condition; and
‘‘(E) such other diseases or conditions the Secretary deter-
mines appropriate.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a)
shall apply to health care provided under chapter 55 of such title
on or after the date that is one year after the date of the enactment
of this Act.
SEC. 715. ELIGIBILITY OF CERTAIN BENEFICIARIES UNDER THE
TRICARE PROGRAM FOR PARTICIPATION IN THE FEDERAL
EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM.
(a) IN GENERAL.—
(1) DENTAL BENEFITS.—Section 8951 of title 5, United
States Code, is amended—
(A) in paragraph (3), by striking ‘‘paragraph (1) or (2)’’
and inserting ‘‘paragraph (1), (2), or (8)’’; and
(B) by adding at the end the following new paragraph:
‘‘(8) The term ‘covered TRICARE-eligible individual’ means
an individual entitled to dental care under chapter 55 of title
10, pursuant to section 1076c of such title, who the Secretary
of Defense determines should be an eligible individual for pur-
poses of this chapter.’’.
(2) VISION BENEFITS.—Section 8981 of title 5, United States
Code, is amended—
(A) in paragraph (3), by striking ‘‘paragraph (1) or (2)’’
and inserting ‘‘paragraph (1), (2), or (8)’’; and
(B) by adding at the end the following new paragraph:
‘‘(8)(A) The term ‘covered TRICARE-eligible individual’—
‘‘(i) means an individual entitled to medical care under
chapter 55 of title 10, pursuant to section 1076d, 1076e,
1079(a), 1086(c), or 1086(d) of such title, who the Secretary
of Defense determines in accordance with an agreement en-
tered into under subparagraph (B) should be an eligible in-
dividual for purposes of this chapter; and
‘‘(ii) does not include an individual covered under sec-
tion 1110b of title 10.
‘‘(B) The Secretary of Defense shall enter into an agreement
with the Director of the Office relating to classes of individuals
described in subparagraph (A)(i) who should be eligible individ-
uals for purposes of this chapter.’’.
(b) CONFORMING AMENDMENTS.—
(1) DENTAL BENEFITS.—Section 8958(c) of title 5, United
States Code, is amended—
(A) in paragraph (1), by striking ‘‘or’’ at the end;
(B) in paragraph (2), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new para-
graphs:
‘‘(3) in the case of a covered TRICARE-eligible individual
who receives pay from the Federal Government or an annuity
from the Federal Government due to the death of a member of
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the uniformed services (as defined in section 101 of title 10),

and is not a former spouse of a member of the uniformed serv-
ices, be withheld from—

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 225

‘‘(A) the pay (including retired pay) of such individual;

or
‘‘(B) the annuity paid to such individual; or
‘‘(4) in the case of a covered TRICARE-eligible individual
who is not described in paragraph (3), be billed to such indi-
vidual directly.’’.
(2) VISION BENEFITS.—Section 8988(c) of title 5, United
States Code, is amended—
(A) in paragraph (1), by striking ‘‘or’’ at the end;
(B) in paragraph (2), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following new para-
graphs:
‘‘(3) in the case of a covered TRICARE-eligible individual
who receives pay from the Federal Government or an annuity
from the Federal Government due to the death of a member of
the uniformed services (as defined in section 101 of title 10),
and is not a former spouse of a member of the uniformed serv-
ices, be withheld from—
‘‘(A) the pay (including retired pay) of such individual;
or
‘‘(B) the annuity paid to such individual; or
‘‘(4) in the case of a covered TRICARE-eligible individual
who is not described in paragraph (3), be billed to such indi-
vidual directly.’’.
(3) PLAN FOR DENTAL INSURANCE FOR CERTAIN RETIREES,
SURVIVING SPOUSES, AND OTHER DEPENDENTS.—Subsection (a)
of section 1076c of title 10, United States Code, is amended to
read as follows:
‘‘(a) REQUIREMENT FOR PLAN.—(1) The Secretary of Defense
shall establish a dental insurance plan for retirees of the uniformed
services, certain unremarried surviving spouses, and dependents in
accordance with this section.
‘‘(2) The Secretary may satisfy the requirement under para-
graph (1) by entering into an agreement with the Director of the Of-
fice of Personnel Management to allow persons described in sub-
section (b) to enroll in an insurance plan under chapter 89A of title
5 that provides benefits similar to those benefits required to be pro-
vided under subsection (d).’’.
(c) APPLICABILITY.—The amendments made by this section shall
apply with respect to the first contract year for chapter 89A or 89B
of title 5, United States Code, as applicable, that begins on or after
January 1, 2018.
SEC. 716. APPLIED BEHAVIOR ANALYSIS.
(a) RATES OF REIMBURSEMENT.—
(1) IN GENERAL.—In furnishing applied behavior analysis
under the TRICARE program to individuals described in para-
graph (2) during the period beginning on the date of the enact-
ment of this Act and ending on December 31, 2018, the Sec-
retary of Defense shall ensure that the reimbursement rates for
providers of applied behavior analysis are not less than the
rates that were in effect on March 31, 2016.
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(2) INDIVIDUALS DESCRIBED.—Individuals described in this

paragraph are individuals who are covered beneficiaries by rea-
son of being a member or former member of the Army, Navy,

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 226

Air Force, or Marine Corps, including the reserve components

thereof, or a dependent of such a member or former member.
(b) ANALYSIS.—
(1) IN GENERAL.—Upon the completion of the Department of
Defense Comprehensive Autism Care Demonstration, the Assist-
ant Secretary of Defense for Health Affairs shall conduct an
analysis to—
(A) use data gathered during the demonstration to set
future reimbursement rates for providers of applied behav-
ior analysis under the TRICARE program;
(B) review comparative commercial insurance claims
for purposes of setting such future rates, including by—
(i) conducting an analysis of the comparative total
of commercial insurance claims billed for applied be-
havior analysis; and
(ii) reviewing any covered beneficiary limitations
on access to applied behavior analysis services at var-
ious military installations throughout the United
States; and
(C) determine whether the use of applied behavioral
analysis under the demonstration has improved outcomes
for covered beneficiaries with autism spectrum disorder.
(2) SUBMISSION.—The Assistant Secretary shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives the analysis conducted under paragraph (1).
(c) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 717. EVALUATION AND TREATMENT OF VETERANS AND CIVILIANS
AT MILITARY TREATMENT FACILITIES.
(a) IN GENERAL.—The Secretary of Defense shall authorize a
veteran (in consultation with the Secretary of Veterans Affairs) or
civilian to be evaluated and treated at a military treatment facility
if the Secretary of Defense determines that—
(1) the evaluation and treatment of the individual is nec-
essary to attain the relevant mix and volume of medical case-
work required to maintain medical readiness skills and com-
petencies of health care providers at the facility;
(2) the health care providers at the facility have the com-
petencies, skills, and abilities required to treat the individual;
and
(3) the facility has available space, equipment, and mate-
rials to treat the individual.
(b) PRIORITY OF COVERED BENEFICIARIES.—The evaluation and
treatment of covered beneficiaries at military treatment facilities
shall be prioritized ahead of the evaluation and treatment of vet-
erans and civilians at such facilities under subsection (a).
(c) REIMBURSEMENT FOR TREATMENT.—
(1) CIVILIANS.—A military treatment facility that evaluates
or treats an individual (other than an individual described in
paragraph (2)) under subsection (a) shall bill the individual
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and accept reimbursement from the individual or a third-party

payer (as that term is defined in section 1095(h) of title 10,
United States Code) on behalf of such individual for the costs

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 227

of any health care services provided to the individual under

such subsection.
(2) VETERANS.—The Secretary of Defense shall enter into a
memorandum of agreement with the Secretary of Veterans Af-
fairs under which the Secretary of Veterans Affairs will pay a
military treatment facility using a prospective payment method-
ology (including interagency transfers of funds or obligational
authority and similar transactions) for the costs of any health
care services provided at the facility under subsection (a) to in-
dividuals eligible for such health care services from the Depart-
ment of Veterans Affairs.
(3) USE OF AMOUNTS.—The Secretary of Defense shall make
available to a military treatment facility any amounts collected
by such facility under paragraph (1) or (2) for health care serv-
ices provided to an individual under subsection (a).
(d) COVERED BENEFICIARY DEFINED.—In this section, the term
‘‘covered beneficiary’’ has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 718. ENHANCEMENT OF USE OF TELEHEALTH SERVICES IN MILI-
TARY HEALTH SYSTEM.
(a) INCORPORATION OF TELEHEALTH.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense shall in-
corporate, throughout the direct care and purchased care com-
ponents of the military health system, the use of telehealth serv-
ices, including mobile health applications—
(A) to improve access to primary care, urgent care, be-
havioral health care, and specialty care;
(B) to perform health assessments;
(C) to provide diagnoses, interventions, and super-
vision;
(D) to monitor individual health outcomes of covered
beneficiaries with chronic diseases or conditions;
(E) to improve communication between health care pro-
viders and patients; and
(F) to reduce health care costs for covered beneficiaries
and the Department of Defense.
(2) TYPES OF TELEHEALTH SERVICES.—The telehealth serv-
ices required to be incorporated under paragraph (1) shall in-
clude those telehealth services that—
(A) maximize the use of secure messaging between
health care providers and covered beneficiaries to improve
the access of covered beneficiaries to health care and reduce
the number of visits to medical facilities for health care
needs;
(B) allow covered beneficiaries to schedule appoint-
ments; and
(C) allow health care providers, through video con-
ference, telephone or tablet applications, or home health
monitoring devices—
(i) to assess and evaluate disease signs and symp-
toms;
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(ii) to diagnose diseases;

(iii) to supervise treatments; and
(iv) to monitor health outcomes.

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 228

(b) COVERAGE OF ITEMS OR SERVICES.—An item or service fur-

nished to a covered beneficiary via a telecommunications system
shall be covered under the TRICARE program to the same extent as
the item or service would be covered if furnished in the location of
the covered beneficiary.
(c) REIMBURSEMENT RATES FOR TELEHEALTH SERVICES.—The
Secretary shall develop standardized payment methods to reimburse
health care providers for telehealth services provided to covered
beneficiaries in the purchased care component of the TRICARE pro-
gram, including by using reimbursement rates that incentivize the
provision of telehealth services.
(d) REDUCTION OR ELIMINATION OF COPAYMENTS.—The Sec-
retary shall reduce or eliminate, as the Secretary considers appro-
priate, copayments or cost shares for covered beneficiaries in connec-
tion with the receipt of telehealth services under the purchased care
component of the TRICARE program.
(e) REPORTS.—
(1) INITIAL REPORT.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report describing the full range
of telehealth services to be available in the direct care and
purchased care components of the military health system
and the copayments and cost shares, if any, associated with
those services.
(B) REIMBURSEMENT PLAN.—The report required under
subparagraph (A) shall include a plan to develop standard-
ized payment methods to reimburse health care providers
for telehealth services provided to covered beneficiaries in
the purchased care component of the TRICARE program,
as required under subsection (c).
(2) FINAL REPORT.—
(A) IN GENERAL.—Not later than three years after the
date on which the Secretary begins incorporating, through-
out the direct care and purchased care components of the
military health system, the use of telehealth services as re-
quired under subsection (a), the Secretary shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report describing the impact
made by the use of telehealth services, including mobile
health applications, to carry out the actions specified in
subparagraphs (A) through (F) of subsection (a)(1).
(B) ELEMENTS.—The report required under subpara-
graph (A) shall include an assessment of the following:
(i) The satisfaction of covered beneficiaries with
telehealth services furnished by the Department of De-
fense.
(ii) The satisfaction of health care providers in pro-
viding telehealth services furnished by the Department.
(iii) The effect of telehealth services furnished by
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the Department on the following:

(I) The ability of covered beneficiaries to access
health care services in the direct care and pur-

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 229

chased care components of the military health sys-

tem.
(II) The frequency of use of telehealth services
by covered beneficiaries.
(III) The productivity of health care providers
providing care furnished by the Department.
(IV) The reduction, if any, in the use by cov-
ered beneficiaries of health care services in mili-
tary treatment facilities or medical facilities in the
private sector.
(V) The number and types of appointments for
the receipt of telehealth services furnished by the
Department.
(VI) The savings, if any, realized by the De-
partment by furnishing telehealth services to cov-
ered beneficiaries.
(f) REGULATIONS.—
(1) INTERIM FINAL RULE.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall prescribe
an interim final rule to implement this section.
(2) FINAL RULE.—Not later than 180 days after prescribing
the interim final rule under paragraph (1) and considering
public comments with respect to such interim final rule, the
Secretary shall prescribe a final rule to implement this section.
(3) OBJECTIVES.—The regulations prescribed under para-
graphs (1) and (2) shall accomplish the objectives set forth in
subsection (a) and ensure quality of care, patient safety, and the
integrity of the TRICARE program.
(g) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 719. AUTHORIZATION OF REIMBURSEMENT BY DEPARTMENT OF
DEFENSE TO ENTITIES CARRYING OUT STATE VACCINA-
TION PROGRAMS FOR COSTS OF VACCINES PROVIDED TO
COVERED BENEFICIARIES.
(a) REIMBURSEMENT.—
(1) IN GENERAL.—The Secretary of Defense may reimburse
an amount determined under paragraph (2) to an entity car-
rying out a State vaccination program for the cost of vaccines
provided to covered beneficiaries through such program.
(2) AMOUNT OF REIMBURSEMENT.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amount determined under this paragraph with re-
spect to a State vaccination program shall be the amount
assessed by the entity carrying out such program to pur-
chase vaccines provided to covered beneficiaries through
such program.
(B) LIMITATION.—The amount determined under this
paragraph to provide vaccines to covered beneficiaries
through a State vaccination program may not exceed the
amount that the Department would reimburse an entity
under the TRICARE program for providing vaccines to the
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number of covered beneficiaries who were involved in the

applicable State vaccination program.
(b) DEFINITIONS.—In this section:

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 230

(1) COVERED BENEFICIARY; TRICARE PROGRAM.—The terms

‘‘covered beneficiary’’ and ‘‘TRICARE program’’ have the mean-
ings given those terms in section 1072 of title 10, United States
Code.
(2) STATE VACCINATION PROGRAM.—The term ‘‘State vac-
cination program’’ means a vaccination program that provides
vaccinations to individuals in a State and is carried out by an
entity (including an agency of the State) within the State.
Subtitle C—Health Care Administration
SEC. 721. AUTHORITY TO CONVERT MILITARY MEDICAL AND DENTAL
POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSI-
TIONS.
(a) LIMITED AUTHORITY FOR CONVERSION.—
(1) AUTHORITY.—Chapter 49 of title 10, United States Code,
is amended by inserting after section 976 the following new sec-
tion:
‘‘§ 977. Conversion of military medical and dental positions
to civilian medical and dental positions: limitation
‘‘(a) PROCESS.—The Secretary of Defense, in collaboration with
the Secretaries of the military departments, shall establish a process
to define the military medical and dental personnel requirements
necessary to meet operational medical force readiness requirements.
‘‘(b) REQUIREMENTS RELATING TO CONVERSION.—A military
medical or dental position within the Department of Defense may be
converted to a civilian medical or dental position if the Secretary
determines that the position is not necessary to meet operational
medical force readiness requirements, as determined pursuant to
subsection (a).
‘‘(c) GRADE OR LEVEL CONVERTED.—In carrying out a conver-
sion under subsection (b), the Secretary of Defense—
‘‘(1) shall convert the applicable military position to a civil-
ian position with a level of compensation commensurate with
the skills and experience necessary to carry out the duties of
such civilian position; and
‘‘(2) may not place any limitation on the grade or level to
which the military position is so converted.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘military medical or dental position’ means a
position for the performance of health care functions within the
armed forces held by a member of the armed forces.
‘‘(2) The term ‘civilian medical or dental position’ means a
position for the performance of health care functions within the
Department of Defense held by an employee of the Department
or of a contractor of the Department.
‘‘(3) The term ‘conversion’, with respect to a military med-
ical or dental position, means a change of the position to a civil-
ian medical or dental position, effective as of the date of the
manning authorization document of the military department
making the change (through a change in designation from mili-
tary to civilian in the document, the elimination of the listing
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of the position as a military position in the document, or

through any other means indicating the change in the docu-
ment or otherwise).’’.

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 231

(2) CLERICAL AMENDMENT.—The table of sections at the be-

ginning of chapter 49 of such title is amended by inserting after
the item relating to section 976 the following new item:
‘‘977. Conversion of military medical and dental positions to civilian medical and
dental positions: limitation.’’.
(3) EFFECTIVE DATE OF CONVERSION AUTHORITY.—The Sec-
retary of Defense may not carry out section 977(b) of title 10,
United States Code, as added by paragraph (1), until the date
that is 180 days after the date on which the Secretary submits
the report under subsection (b).
(b) REPORT.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House of Rep-
resentatives a report that includes the following:
(1) A description of the process established under section
977(a) of title 10, United States Code, as added by subsection
(a), to define the military medical and dental personnel require-
ments necessary to meet operational medical force readiness re-
quirements.
(2) A complete list, by position, of the military medical and
dental personnel requirements necessary to meet operational
medical force readiness requirements.
(c) CONFORMING REPEAL.—Section 721 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122
Stat. 198; 10 U.S.C. 129c note) is repealed.
SEC. 722. PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE
MEDICAL CARE FOR THE COAST GUARD.
(a) IN GENERAL.—Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
‘‘§ 520. Prospective payment of funds necessary to provide
medical care
‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In lieu of the reim-
bursement required under section 1085 of title 10, the Secretary of
Homeland Security shall make a prospective payment to the Sec-
retary of Defense of an amount that represents the actuarial valu-
ation of treatment or care—
‘‘(1) that the Department of Defense shall provide to mem-
bers of the Coast Guard, former members of the Coast Guard,
and dependents of such members and former members (other
than former members and dependents of former members who
are a Medicare-eligible beneficiary or for whom the payment for
treatment or care is made from the Medicare-Eligible Retiree
Health Care Fund) at facilities under the jurisdiction of the De-
partment of Defense or a military department; and
‘‘(2) for which a reimbursement would otherwise be made
under section 1085.
‘‘(b) AMOUNT.—The amount of the prospective payment under
subsection (a) shall be—
‘‘(1) in the case of treatment or care to be provided to mem-
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bers of the Coast Guard and their dependents, derived from

amounts appropriated for the operating expenses of the Coast
Guard;

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 232

‘‘(2) in the case of treatment or care to be provided former

members of the Coast Guard and their dependents, derived
from amounts appropriated for retired pay;
‘‘(3) determined under procedures established by the Sec-
retary of Defense;
‘‘(4) paid during the fiscal year in which treatment or care
is provided; and
‘‘(5) subject to adjustment or reconciliation as the Secre-
taries determine appropriate during or promptly after such fis-
cal year in cases in which the prospective payment is deter-
mined excessive or insufficient based on the services actually
provided.
‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERVICE IN NAVY.—No
prospective payment shall be made under this section for any period
during which the Coast Guard operates as a service in the Navy.
‘‘(d) RELATIONSHIP TO TRICARE.—This section shall not be
construed to require a payment for, or the prospective payment of an
amount that represents the value of, treatment or care provided
under any TRICARE program.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 13 of title
14, United States Code, is amended by adding at the end the fol-
lowing:
‘‘520. Prospective payment of funds necessary to provide medical care.’’.
(c) REPEAL.—Section 217 of the Coast Guard Authorization Act
of 2016 (Public Law 114–120), as amended by section 3503, and the
item relating to that section in the table of contents in section 2 of
such Act, are repealed.
SEC. 723. REDUCTION OF ADMINISTRATIVE REQUIREMENTS RELATING
TO AUTOMATIC RENEWAL OF ENROLLMENTS IN TRICARE
PRIME.
Section 1097a(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘(1) An’’ and inserting
‘‘An’’; and
(2) by striking paragraph (2).
SEC. 724. MODIFICATION OF AUTHORITY OF UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES TO INCLUDE UN-
DERGRADUATE AND OTHER MEDICAL EDUCATION AND
TRAINING PROGRAMS.
(a) IN GENERAL.—Section 2112(a) of title 10, United States
Code, is amended to read as follows:
‘‘(a)(1) There is established a Uniformed Services University of
the Health Sciences (in this chapter referred to as the ‘University’)
with authority to grant appropriate certificates, certifications, un-
dergraduate degrees, and advanced degrees.
‘‘(2) The University shall be so organized as to graduate not
fewer than 100 medical students annually.
‘‘(3) The headquarters of the University shall be at a site or sites
selected by the Secretary of Defense within 25 miles of the District
of Columbia.’’.
(b) ADMINISTRATION.—Section 2113 of such title is amended—
(1) in subsection (d)—
(A) in the first sentence, by striking ‘‘located in or near
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the District of Columbia’’;

(B) in the third sentence, by striking ‘‘in or near the
District of Columbia’’; and

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 233

(C) by striking the fifth sentence; and

(2) in subsection (e)(3), by inserting after ‘‘programs’’ the
following: ‘‘, including certificate, certification, and under-
graduate degree programs,’’.
(c) REPEAL OF EXPIRED PROVISION.—Section 2112a of such title
is amended—
(1) by striking subsection (b); and
(2) in subsection (a), by striking ‘‘(a) CLOSURE PROHIB-
ITED.—’’.
SEC. 725. ADJUSTMENT OF MEDICAL SERVICES, PERSONNEL AUTHOR-
IZED STRENGTHS, AND INFRASTRUCTURE IN MILITARY
HEALTH SYSTEM TO MAINTAIN READINESS AND CORE
COMPETENCIES OF HEALTH CARE PROVIDERS.
(a) IN GENERAL.—Except as provided by subsection (c), not later
than one year after the date of the enactment of this Act, the Sec-
retary of Defense shall implement measures to maintain the critical
wartime medical readiness skills and core competencies of health
care providers within the Armed Forces.
(b) MEASURES.—The measures under subsection (a) shall in-
clude measures under which the Secretary ensures the following:
(1) Medical services provided through the military health
system at military medical treatment facilities—
(A) maintain the critical wartime medical readiness
skills and core competencies of health care providers within
the Armed Forces; and
(B) ensure the medical readiness of the Armed Forces.
(2) The authorized strengths for military and civilian per-
sonnel throughout the military health system—
(A) maintain the critical wartime medical readiness
skills and core competencies of health care providers within
the Armed Forces; and
(B) ensure the medical readiness of the Armed Forces.
(3) The infrastructure in the military health system, includ-
ing infrastructure of military medical treatment facilities—
(A) maintains the critical wartime medical readiness
skills and core competencies of health care providers within
the Armed Forces; and
(B) ensures the medical readiness of the Armed Forces.
(4) Any covered beneficiary who may be affected by the
measures implemented under subsection (a) will be able to re-
ceive through the purchased care component of the TRICARE
program any medical services that will not be available to such
covered beneficiary at a military medical treatment facility by
reason of such measures.
(c) EXCEPTION.—The Secretary is not required to implement
measures under subsection (a)(1) with respect to military medical
treatment facilities located in a foreign country if the Secretary de-
termines that providing medical services in addition to the medical
services described in such subsection is necessary to ensure that cov-
ered beneficiaries located in that foreign country have access to a
similar level of care available to covered beneficiaries located in the
United States.
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(d) DEFINITIONS.—In this section:

(1) The term ‘‘clinical and logistical capabilities’’ means
those capabilities relating to the provision of health care that

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 234

are necessary to accomplish operational requirements, includ-

ing—
(A) combat casualty care;
(B) medical response to and treatment of injuries sus-
tained from chemical, biological, radiological, nuclear, or
explosive incidents;
(C) diagnosis and treatment of infectious diseases;
(D) aerospace medicine;
(E) undersea medicine;
(F) diagnosis, treatment, and rehabilitation of special-
ized medical conditions;
(G) diagnosis and treatment of diseases and injuries
that are not related to battle; and
(H) humanitarian assistance.
(2) The terms ‘‘covered beneficiary’’ and ‘‘TRICARE pro-
gram’’ have the meanings given those terms in section 1072 of
title 10, United States Code.
(3) The term ‘‘critical wartime medical readiness skills and
core competencies’’ means those essential medical capabilities,
including clinical and logistical capabilities, that are—
(A) necessary to be maintained by health care providers
within the Armed Forces for national security purposes;
and
(B) vital to the provision of effective and timely health
care during contingency operations.
SEC. 726. PROGRAM TO ELIMINATE VARIABILITY IN HEALTH OUT-
COMES AND IMPROVE QUALITY OF HEALTH CARE SERV-
ICES DELIVERED IN MILITARY MEDICAL TREATMENT FA-
CILITIES.
(a) PROGRAM.—Beginning not later than January 1, 2018, the
Secretary of Defense shall implement a program—
(1) to establish best practices for the delivery of health care
services for certain diseases or conditions at military medical
treatment facilities, as selected by the Secretary;
(2) to incorporate such best practices into the daily oper-
ations of military medical treatment facilities selected by the
Secretary for purposes of the program, with priority in selection
given to facilities that provide specialty care; and
(3) to eliminate variability in health outcomes and to im-
prove the quality of health care services delivered at military
medical treatment facilities selected by the Secretary for pur-
poses of the program.
(b) USE OF CLINICAL PRACTICE GUIDELINES.—In carrying out
the program under subsection (a), the Secretary shall develop, im-
plement, monitor, and update clinical practice guidelines reflecting
the best practices established under paragraph (1) of such sub-
section.
(c) DEVELOPMENT.—In developing the clinical practice guide-
lines under subsection (b), the Secretary shall ensure that such de-
velopment includes a baseline assessment of health care delivery
and outcomes at military medical treatment facilities to evaluate
and determine evidence-based best practices, within the direct care
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component of the military health system and the private sector, for
treating the diseases or conditions selected by the Secretary under
subsection (a)(1).

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(d) IMPLEMENTATION.—The Secretary shall implement the clin-

ical practice guidelines under subsection (b) in military medical
treatment facilities selected by the Secretary under subsection (a)(2)
using means determined appropriate by the Secretary, including by
communicating with the relevant health care providers of the evi-
dence upon which the guidelines are based and by providing edu-
cation and training on the most appropriate implementation of the
guidelines.
(e) MONITORING.—The Secretary shall monitor the implementa-
tion of the clinical practice guidelines under subsection (b) using ap-
propriate means, including by monitoring the results in clinical out-
comes based on specific metrics included as part of the guidelines.
(f) UPDATING.—The Secretary shall periodically update the clin-
ical practice guidelines under subsection (b) based on the results of
monitoring conducted under subsection (e) and by continuously as-
sessing evidence-based best practices within the direct care compo-
nent of the military health system and the private sector.
(g) CONTINUOUS CYCLE.—The Secretary shall establish a con-
tinuous cycle of carrying out subsections (c) through (f) with respect
to the clinical practice guidelines established under subsection (a).
SEC. 727. ACQUISITION STRATEGY FOR HEALTH CARE PROFESSIONAL
STAFFING SERVICES.
(a) ACQUISITION STRATEGY.—
(1) IN GENERAL.—The Secretary of Defense shall develop
and carry out a performance-based, strategic sourcing acquisi-
tion strategy with respect to entering into contracts for the serv-
ices of health care professional staff at military medical treat-
ment facilities located in a State.
(2) ELEMENTS.—The acquisition strategy under paragraph
(1) shall include the following:
(A) Except as provided by subparagraph (B), a require-
ment that all the military medical treatment facilities that
provide direct care use contracts described under para-
graph (1).
(B) A process for a military medical treatment facility
to obtain a waiver of the requirement under subparagraph
(A) in order to use an acquisition strategy not described in
paragraph (1).
(C) Identification of the responsibilities of the military
departments and the elements of the Department of Defense
in carrying out such strategy.
(D) Projection of the demand by covered beneficiaries
for health care services, including with respect to primary
care and expanded-hours urgent care services.
(E) Estimation of the workload gaps at military med-
ical treatment facilities for health care services, including
with respect to primary care and expanded-hours urgent
care services.
(F) Methods to analyze, using reliable and detailed
data covering the entire direct care component of the mili-
tary health system, the amount of funds expended on con-
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tracts for the services of health care professional staff.

(G) Methods to identify opportunities to consolidate re-
quirements for such services and reduce cost.

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(H) Methods to measure cost savings that are realized

by using such contracts instead of purchased care.
(I) Metrics to determine the effectiveness of such strat-
egy.
(J) Metrics to evaluate the success of the strategy in
achieving its objectives, including metrics to assess the ef-
fects of the strategy on the timeliness of beneficiary access
to professional health care services in military medical
treatment facilities.
(K) Such other matters as the Secretary considers ap-
propriate.
(b) REPORT.—Not later than July 1, 2017, the Secretary shall
submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the status of implementing the
acquisition strategy under paragraph (1) of subsection (a), including
how each element under subparagraphs (A) through (K) of para-
graph (2) of such subsection is being carried out.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered beneficiary’’ has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ‘‘State’’ means the several States and the Dis-
trict of Columbia.
(d) CONFORMING REPEAL.—Section 725 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1091 note) is re-
pealed.
SEC. 728. ADOPTION OF CORE QUALITY PERFORMANCE METRICS.
(a) ADOPTION.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall adopt,
to the extent appropriate, the core quality performance metrics
agreed upon by the Core Quality Measures Collaborative for use
by the military health system and in contracts awarded to carry
out the TRICARE program.
(2) CORE MEASURES.—The core quality performance metrics
described in paragraph (1) shall include the following sets:
(A) Accountable care organizations, patient centered
medical homes, and primary care.
(B) Cardiology.
(C) Gastroenterology.
(D) HIV and hepatitis C.
(E) Medical oncology.
(F) Obstetrics and gynecology.
(G) Orthopedics.
(H) Such other sets of core quality performance metrics
released by the Core Quality Measures Collaborative as the
Secretary considers appropriate.
(b) PUBLICATION.—
(1) ONLINE AVAILABILITY.—Section 1073b of title 10, United
States Code, is amended—
(A) in paragraph (1)—
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(i) by striking ‘‘Not later than’’ and all that follows

through ‘‘2016, the Secretary’’ and inserting ‘‘The Sec-
retary’’; and

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 237

(ii) by adding at the end the following new sen-

tence: ‘‘Such data shall include the core quality per-
formance metrics adopted by the Secretary under sec-
tion 728 of the National Defense Authorization Act for
Fiscal Year 2017.’’; and
(B) in the section heading, by inserting ‘‘and publica-
tion of certain data’’ after ‘‘reports’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 55 of title 10, United States Code, is amend-
ed by striking the item relating to section 1073b and inserting
the following:
‘‘1073b. Recurring reports and publication of certain data.’’.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Core Quality Measures Collaborative’’ means
the collaboration between the Centers for Medicare & Medicaid
Services, major health insurance companies, national physician
organizations, and other entities to reach consensus on core per-
formance measures reported by health care providers.
(2) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072 of title 10, United States Code.
SEC. 729. IMPROVEMENT OF HEALTH OUTCOMES AND CONTROL OF
COSTS OF HEALTH CARE UNDER TRICARE PROGRAM
THROUGH PROGRAMS TO INVOLVE COVERED BENE-
FICIARIES.
(a) MEDICAL INTERVENTION INCENTIVE PROGRAM.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a program to incentivize covered beneficiaries to participate in
medical intervention programs established by the Secretary,
such as comprehensive disease management programs, that
may include lowering fees for enrollment in the TRICARE pro-
gram by a certain percentage or lowering copayment and cost-
share amounts for health care services during a particular year
for covered beneficiaries with chronic diseases or conditions de-
scribed in paragraph (2) who met participation milestones, as
determined by the Secretary, in the previous year in such med-
ical intervention programs.
(2) CHRONIC DISEASES OR CONDITIONS DESCRIBED.—Chron-
ic diseases or conditions described in this paragraph may in-
clude diabetes, chronic obstructive pulmonary disease, asthma,
congestive heart failure, hypertension, history of stroke, coro-
nary artery disease, mood disorders, obesity, and such other
diseases or conditions as the Secretary determines appropriate.
(b) LIFESTYLE INTERVENTION INCENTIVE PROGRAM.—The Sec-
retary shall establish a program to incentivize lifestyle interventions
for covered beneficiaries, such as smoking cessation and weight re-
duction, that may include lowering fees for enrollment in the
TRICARE program by a certain percentage or lowering copayment
and cost share amounts for health care services during a particular
year for covered beneficiaries who met participation milestones, as
determined by the Secretary, in the previous year with respect to
such lifestyle interventions, such as quitting smoking or achieving
a lower body mass index by a certain percentage.
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(c) HEALTHY LIFESTYLE MAINTENANCE INCENTIVE PROGRAM.—

The Secretary shall establish a program to incentivize the mainte-
nance of a healthy lifestyle among covered beneficiaries, such as ex-

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 238

ercise and weight maintenance, that may include lowering fees for
enrollment in the TRICARE program by a certain percentage or
lowering copayment and cost-share amounts for health care services
during a particular year for covered beneficiaries who met partici-
pation milestones, as determined by the Secretary, in the previous
year with respect to the maintenance of a healthy lifestyle, such as
maintaining smoking cessation or maintaining a normal body mass
index.
(d) REPORT.—
(1) IN GENERAL.—Not later than January 1, 2020, the Sec-
retary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the imple-
mentation of the programs established under subsections (a),
(b), and (c).
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A detailed description of the programs implemented
under subsections (a), (b), and (c).
(B) An assessment of the impact of such programs on—
(i) improving health outcomes for covered bene-
ficiaries; and
(ii) lowering per capita health care costs for the
Department of Defense.
(e) REGULATIONS.—Not later than January 1, 2018, the Sec-
retary shall prescribe an interim final rule to carry out this section.
(f) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those
terms in section 1072 of title 10, United States Code.
SEC. 730. ACCOUNTABILITY FOR THE PERFORMANCE OF THE MILI-
TARY HEALTH SYSTEM OF CERTAIN LEADERS WITHIN THE
SYSTEM.
(a) IN GENERAL.—Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
incorporate into the annual performance review of each military
and civilian leader in the military health system, as determined by
the Secretary of Defense, measures of accountability for the perform-
ance of the military health system described in subsection (b).
(b) MEASURES OF ACCOUNTABILITY FOR PERFORMANCE.—The
measures of accountability for the performance of the military
health system incorporated into the annual performance review of
an individual pursuant to this section shall include measures to as-
sess performance and assure accountability for the following:
(1) Quality of care.
(2) Access of beneficiaries to care.
(3) Improvement in health outcomes for beneficiaries.
(4) Patient safety.
(5) Such other matters as the Secretary of Defense, in con-
sultation with the Secretaries of the military departments, con-
siders appropriate.
(c) REPORT ON IMPLEMENTATION.—
(1) IN GENERAL.—Not later than 180 days after the date of
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the enactment of this Act, the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the
House of Representatives a report on the incorporation of meas-

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 239

ures of accountability for the performance of the military health

system into the annual performance reviews of individuals as
required by this section.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A comprehensive plan for the use of measures of ac-
countability for performance in annual performance re-
views pursuant to this section as a means of assessing and
assuring accountability for the performance of the military
health system.
(B) The identification of each leadership position in the
military health system determined under subsection (a) and
a description of the specific measures of accountability for
performance to be incorporated into the annual perform-
ance reviews of each such position pursuant to this section.
SEC. 731. ESTABLISHMENT OF ADVISORY COMMITTEES FOR MILITARY
TREATMENT FACILITIES.
(a) IN GENERAL.—The Secretary of Defense shall establish,
under such regulations as the Secretary may prescribe, an advisory
committee for each military treatment facility.
(b) STATUS OF CERTAIN MEMBERS OF ADVISORY COMMITTEES.—
A member of an advisory committee established under subsection (a)
who is not a member of the Armed Forces on active duty or an em-
ployee of the Federal Government shall, with the approval of the
commanding officer or director of the military treatment facility
concerned, be treated as a volunteer under section 1588 of title 10,
United States Code, in carrying out the duties of the member under
this section.
(c) DUTIES.—Each advisory committee established under sub-
section (a) for a military treatment facility shall provide to the com-
manding officer or director of such facility advice on the adminis-
tration and activities of such facility as it relates to the experience
of care for beneficiaries at such facility.
Subtitle D—Reports and Other Matters
SEC. 741. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DE-
FENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FA-
CILITY DEMONSTRATION FUND AND REPORT ON IMPLE-
MENTATION OF INFORMATION TECHNOLOGY CAPABILI-
TIES.
(a) IN GENERAL.—Section 1704(e) of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
2573), as amended by section 722 of the Carl Levin and Howard P.
‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291) and section 723 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92), is fur-
ther amended by striking ‘‘September 30, 2017’’ and inserting ‘‘Sep-
tember 30, 2018’’.
(b) REPORT ON IMPLEMENTATION OF INFORMATION TECHNOLOGY
CAPABILITIES.—Not later than March 30, 2017, the Secretary of De-
fense shall submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on plans to implement
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all information technology capabilities required by the executive

agreement entered into under section 1701(a) of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 111–84;

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123 Stat. 2567) that remain unimplemented as of the date of the re-
port.
SEC. 742. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN AS-
SISTANTS TO PROVIDE MENTAL HEALTH CARE TO MEM-
BERS OF THE ARMED FORCES.
(a) IN GENERAL.—The Secretary of Defense may conduct a pilot
program to assess the feasibility and advisability of expanding the
use by the Department of Defense of physician assistants special-
izing in psychiatric medicine at medical facilities of the Department
of Defense in order to meet the increasing demand for mental health
care providers at such facilities through the use of a psychiatry fel-
lowship program for physician assistants.
(b) REPORT ON PILOT PROGRAM.—
(1) IN GENERAL.—If the Secretary conducts the pilot pro-
gram under this section, not later than 90 days after the date
on which the Secretary completes the conduct of the pilot pro-
gram, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the pilot program.
(2) ELEMENTS.—The report submitted under paragraph (1)
shall include the following:
(A) A description of the implementation of the pilot pro-
gram, including a detailed description of the education and
training provided under the pilot program.
(B) An assessment of potential cost savings, if any, to
the Department of Defense resulting from the pilot pro-
gram.
(C) A description of improvements, if any, to the access
of members of the Armed Forces to mental health care re-
sulting from the pilot program.
(D) A recommendation as to the feasibility and advis-
ability of extending or expanding the pilot program.
SEC. 743. PILOT PROGRAM FOR PRESCRIPTION DRUG ACQUISITION
COST PARITY IN THE TRICARE PHARMACY BENEFITS PRO-
GRAM.
(a) AUTHORITY TO ESTABLISH PILOT PROGRAM.—The Secretary
of Defense may conduct a pilot program to evaluate whether, in car-
rying out the TRICARE pharmacy benefits program under section
1074g of title 10, United States Code, extending additional dis-
counts for prescription drugs filled at retail pharmacies will main-
tain or reduce prescription drug costs for the Department of Defense.
(b) ELEMENTS OF PILOT PROGRAM.—In carrying out the pilot
program under subsection (a), the Secretary shall require that for
prescription medications, including non-generic maintenance medi-
cations, that are dispensed to TRICARE beneficiaries that are not
Medicare eligible, through any TRICARE participating retail phar-
macy, including small business pharmacies, manufacturers shall
pay rebates such that those medications are available to the Depart-
ment at the lowest rate available. In addition to utilizing the au-
thority under section 1074g(f) of title 10, United States Code, the
Secretary shall have the authority to enter into a blanket purchase
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agreement with prescription drug manufacturers for supplemental

discounts for prescription drugs dispensed in the pilot to be paid in
the form of manufacturer’s rebates.

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 241

(c) CONSULTATION.—The Secretary shall develop the pilot pro-

gram in consultation with—
(1) the Secretaries of the military departments;
(2) the Chief of the Pharmacy Operations Division of the
Defense Health Agency; and
(3) stakeholders, including TRICARE beneficiaries and re-
tail pharmacies.
(d) DURATION OF PILOT PROGRAM.—If the Secretary carries out
the pilot program under subsection (a), the Secretary shall com-
mence such pilot program no later than October 1, 2017, and shall
terminate such program no later than September 30, 2018.
(e) REPORTS.—If the Secretary carries out the pilot program
under subsection (a), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of Rep-
resentatives reports on the pilot program as follows:
(1) Not later than 90 days after the date of the enactment
of this Act, a report containing an implementation plan for the
pilot program.
(2) Not later than 180 days after the date on which the
pilot program commences, an interim report on the pilot pro-
gram.
(3) Not later than 90 days after the date on which the pilot
program terminates, a final report describing the results of the
pilot program, including—
(A) any recommendations of the Secretary to expand
such program;
(B) an analysis of the changes in prescription drug
costs for the Department of Defense relating to the pilot pro-
gram;
(C) an analysis of the impact on beneficiary access to
prescription drugs;
(D) a survey of beneficiary satisfaction with the pilot
program; and
(E) a summary of any fraud and abuse activities re-
lated to the pilot and actions taken in response by the De-
partment.
SEC. 744. PILOT PROGRAM ON DISPLAY OF WAIT TIMES AT URGENT
CARE CLINICS AND PHARMACIES OF MILITARY MEDICAL
TREATMENT FACILITIES.
(a) PILOT PROGRAM AUTHORIZED.—Beginning not later than
one year after the date of the enactment of this Act, the Secretary
of Defense shall carry out a pilot program for the display of wait
times in urgent care clinics and pharmacies of military medical
treatment facilities selected under subsection (b).
(b) SELECTION OF FACILITIES.—
(1) CATEGORIES.—The Secretary shall select not fewer than
four military medical treatment facilities from each of the fol-
lowing categories to participate in the pilot program:
(A) Medical centers.
(B) Hospitals.
(C) Ambulatory care centers.
(2) OCONUS LOCATIONS.—Of the military medical treat-
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ment facilities selected under each category described in sub-

paragraphs (A) through (C) of paragraph (1), not fewer than
one shall be located outside of the continental United States.

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(3) CONTRACTOR-OPERATED FACILITIES.—The Secretary may

select Government-owned, contractor-operated facilities among
those military medical treatment facilities selected under para-
graph (1).
(c) URGENT CARE CLINICS.—
(1) PLACEMENT.—With respect to each military medical
treatment facility participating in the pilot program with an ur-
gent care clinic, the Secretary shall place in a conspicuous loca-
tion at the urgent care clinic an electronic sign that displays the
current average wait time determined under paragraph (2) for
a patient to be seen by a qualified medical professional.
(2) DETERMINATION.—In carrying out paragraph (1), every
30 minutes, the Secretary shall determine the average wait time
to display under such paragraph by calculating, for the four-
hour period preceding the calculation, the average length of
time beginning at the time of the arrival of a patient at the ur-
gent care clinic and ending at the time at which the patient is
first seen by a qualified medical professional.
(d) PHARMACIES.—
(1) PLACEMENT.—With respect to each military medical
treatment facility participating in the pilot program with a
pharmacy, the Secretary shall place in a conspicuous location
at the pharmacy an electronic sign that displays the current av-
erage wait time to receive a filled prescription for a pharma-
ceutical agent.
(2) DETERMINATION.—In carrying out paragraph (1), every
30 minutes, the Secretary shall determine the average wait time
to display under such paragraph by calculating, for the four-
hour period preceding the calculation, the average length of
time beginning at the time of submission by a patient of a pre-
scription for a pharmaceutical agent and ending at the time at
which the pharmacy dispenses the pharmaceutical agent to the
patient.
(e) DURATION.—The Secretary shall carry out the pilot program
for a period that is not more than two years.
(f) REPORT.—
(1) SUBMISSION.—Not later than 90 days after the comple-
tion of the pilot program, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the pilot program.
(2) ELEMENTS.—The report under paragraph (1) shall in-
clude—
(A) the costs for displaying the wait times under sub-
sections (c) and (d);
(B) any changes in patient satisfaction;
(C) any changes in patient behavior with respect to
using urgent care and pharmacy services;
(D) any changes in pharmacy operations and produc-
tivity;
(E) a cost-benefit analysis of posting such wait times;
and
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(F) the feasibility of expanding the posting of wait

times in emergency departments in military medical treat-
ment facilities.

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(g) QUALIFIED MEDICAL PROFESSIONAL DEFINED.—In this sec-

tion, the term ‘‘qualified medical professional’’ means a doctor of
medicine, a doctor of osteopathy, a physician assistant, or an ad-
vanced registered nurse practitioner.
SEC. 745. REQUIREMENT TO REVIEW AND MONITOR PRESCRIBING
PRACTICES AT MILITARY TREATMENT FACILITIES OF
PHARMACEUTICAL AGENTS FOR TREATMENT OF POST-
TRAUMATIC STRESS.
(a) IN GENERAL.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall—
(1) conduct a comprehensive review of the prescribing prac-
tices at military treatment facilities of pharmaceutical agents
for the treatment of post-traumatic stress;
(2) implement a process or processes to monitor the pre-
scribing practices at military treatment facilities of pharma-
ceutical agents that are discouraged from use under the VA/
DOD Clinical Practice Guideline for Management of Post-Trau-
matic Stress; and
(3) implement a plan to address any deviations from such
guideline in prescribing practices of pharmaceutical agents for
management of post-traumatic stress at such facilities.
(b) PHARMACEUTICAL AGENT DEFINED.—In this section, the
term ‘‘pharmaceutical agent’’ has the meaning given that term in
section 1074g(g) of title 10, United States Code.
SEC. 746. DEPARTMENT OF DEFENSE STUDY ON PREVENTING THE DI-
VERSION OF OPIOID MEDICATIONS.
(a) STUDY.—The Secretary of Defense shall conduct a study on
the feasibility and effectiveness in preventing the diversion of opioid
medications of the following measures:
(1) Requiring that, in appropriate cases, opioid medications
be dispensed in vials using affordable technologies designed to
prevent access to the medications by anyone other than the in-
tended patient, such as a vial with a locking-cap closure mecha-
nism.
(2) Providing education on the risks of opioid medications
to individuals for whom such medications are prescribed, and
to their families, with special consideration given to raising
awareness among adolescents on such risks.
(b) BRIEFING.—
(1) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the results of the study conducted
under subsection (a).
(2) ELEMENTS.—The briefing under paragraph (1) shall in-
clude an assessment of the cost effectiveness of the measures
studied under subsection (a).
SEC. 747. INCORPORATION INTO SURVEY BY DEPARTMENT OF DE-
FENSE OF QUESTIONS ON EXPERIENCES OF MEMBERS OF
THE ARMED FORCES WITH FAMILY PLANNING SERVICES
AND COUNSELING.
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Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall initiate action to integrate into
the Health Related Behavior Survey of Active Duty Military Per-

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 244

sonnel questions designed to obtain information on the experiences

of members of the Armed Forces—
(1) in accessing family planning services and counseling;
and
(2) in using family planning methods, including informa-
tion on which method was preferred and whether deployment
conditions affected the decision on which family planning meth-
od or methods to be used.
SEC. 748. ASSESSMENT OF TRANSITION TO TRICARE PROGRAM BY
FAMILIES OF MEMBERS OF RESERVE COMPONENTS
CALLED TO ACTIVE DUTY AND ELIMINATION OF CERTAIN
CHARGES FOR SUCH FAMILIES.
(a) ASSESSMENT OF TRANSITION TO TRICARE PROGRAM.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall com-
plete an assessment of the extent to which families of members
of the reserve components of the Armed Forces serving on active
duty pursuant to a call or order to active duty for a period of
more than 30 days experience difficulties in transitioning from
health care arrangements relied upon when the member is not
in such an active duty status to health care benefits under the
TRICARE program.
(2) ELEMENTS.—The assessment under paragraph (1) shall
address the following:
(A) The extent to which family members of members of
the reserve components of the Armed Forces are required to
change health care providers when they become eligible for
health care benefits under the TRICARE program.
(B) The extent to which health care providers in the
private sector with whom such family members have estab-
lished relationships when not covered under the TRICARE
program are providers who—
(i) are in a preferred provider network under the
TRICARE program;
(ii) are participating providers under the
TRICARE program; or
(iii) will agree to treat covered beneficiaries at a
rate not to exceed 115 percent of the maximum allow-
able charge under the TRICARE program.
(C) The extent to which such family members encounter
difficulties associated with a change in health care claims
administration, health care authorizations, or other admin-
istrative matters when transitioning to health care benefits
under the TRICARE program.
(D) Any particular reasons for, or circumstances that
explain, the conditions described in subparagraphs (A), (B),
and (C).
(E) The effects of the conditions described in subpara-
graphs (A), (B), and (C) on the health care experience of
such family members.
(F) Recommendations for changes in policies and pro-
cedures under the TRICARE program, or other administra-
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tive action by the Secretary, to remedy or mitigate difficul-

ties faced by such family members in transitioning to
health care benefits under the TRICARE program.

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(G) Recommendations for legislative action to remedy

or mitigate such difficulties.
(H) Such other matters as the Secretary determines rel-
evant to the assessment.
(3) REPORT.—
(A) IN GENERAL.—Not later than 180 days after com-
pleting the assessment under paragraph (1), the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report detailing
the results of the assessment.
(B) ANALYSIS OF RECOMMENDATIONS.—The report re-
quired by subparagraph (A) shall include an analysis of
each recommendation for legislative action addressed under
paragraph (2)(G), together with a cost estimate for imple-
menting each such action.
(b) EXPANSION OF AUTHORITY TO ELIMINATE BALANCE BILL-
ING.—Section 1079(h)(4)(C)(ii) of title 10, United States Code, is
amended by striking ‘‘in support of a contingency operation under
a provision of law referred to in section 101(a)(13)(B) of this title’’.
(c) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meanings given those
terms in section 1072 of title 10, United States Code.
SEC. 749. OVERSIGHT OF GRADUATE MEDICAL EDUCATION PROGRAMS
OF MILITARY DEPARTMENTS.
(a) PROCESS.—Not later than one year after the date of the en-
actment of this Act, the Secretary of Defense shall establish and im-
plement a process to provide oversight of the graduate medical edu-
cation programs of the military departments to ensure that such
programs fully support the operational medical force readiness re-
quirements for health care providers of the Armed Forces and the
medical readiness of the Armed Forces. The process shall include
the following:
(1) A process to review such programs to ensure, to the ex-
tent practicable, that such programs are—
(A) conducted jointly among the military departments;
and
(B) focused on, and related to, operational medical
force readiness requirements.
(2) A process to minimize duplicative programs relating to
such programs among the military departments.
(3) A process to ensure that—
(A) assignments of faculty, support staff, and students
within such programs are coordinated among the military
departments; and
(B) the Secretary optimizes resources by using military
medical treatment facilities as training platforms when
and where most appropriate.
(4) A process to review and, if necessary, restructure or re-
align, such programs to sustain and improve operational med-
ical force readiness.
(b) REPORT.—Not later than 30 days after the date on which the
Secretary establishes the process under subsection (a), the Secretary
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shall submit to the Committees on Armed Services of the Senate and

the House of Representatives a report that describes such process.
The report shall include a description of each graduate medical

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education program of the military departments, categorized by the

following:
(1) Programs that provide direct support to operational
medical force readiness.
(2) Programs that provide indirect support to operational
medical force readiness.
(3) Academic programs that provide other medical support.
(c) COMPTROLLER GENERAL REVIEW AND REPORT.—
(1) REVIEW.—The Comptroller General of the United States
shall conduct a review of the process established under sub-
section (a), including with respect to each process described in
paragraphs (1) through (4) of such subsection.
(2) REPORT.—Not later than 180 days after the date on
which the Secretary submits the report under subsection (b), the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives the re-
view conducted under paragraph (1), including an assessment
of the elements of the process established under subsection (a).
SEC. 750. STUDY ON HEALTH OF HELICOPTER AND TILTROTOR PI-
LOTS.
(a) STUDY REQUIRED.—The Secretary of Defense shall carry out
a study of career helicopter and tiltrotor pilots to assess potential
links between the operation of helicopter and tiltrotor aircraft and
acute and chronic medical conditions experienced by such pilots.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) A study of career helicopter and tiltrotor pilots com-
pared to a control population that—
(A) takes into account the amount of time such pilots
operated aircraft;
(B) examines the severity and rates of acute and chron-
ic injuries experienced by such pilots; and
(C) determines whether such pilots experience a higher
degree of acute and chronic medical conditions than the
control population.
(2) If a higher degree of acute and chronic medical condi-
tions is observed among such pilots, an explanation of—
(A) the specific causes of the conditions (such as whole
body vibration, seat and cockpit ergonomics, landing loads,
hard impacts, and pilot-worn gear); and
(B) any costs associated with treating the conditions if
the causes are not mitigated.
(3) A review of relevant scientific literature and prior re-
search.
(4) Such other information as the Secretary determines to
be appropriate.
(c) DURATION.—The duration of the study under subsection (a)
shall be not more than two years.
(d) REPORT.—Not later than 30 days after the completion of the
study under subsection (a), the Secretary shall submit to the Com-
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mittees on Armed Services of the Senate and the House of Rep-

resentatives a report on the study.

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SEC. 751. COMPTROLLER GENERAL REPORTS ON HEALTH CARE DELIV-
ERY AND WASTE IN MILITARY HEALTH SYSTEM.
(a) IN GENERAL.—Not later than one year after the date of the
enactment of this Act, and not less frequently than once each year
thereafter for four years, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report assessing the delivery
of health care in the military health system, with an emphasis on
identifying potential waste and inefficiency.
(b) ELEMENTS.—
(1) IN GENERAL.—The reports submitted under subsection
(a) shall, within the direct and purchased care components of
the military health system, evaluate the following:
(A) Processes for ensuring that health care providers
adhere to clinical practice guidelines.
(B) Processes for reporting and resolving adverse med-
ical events.
(C) Processes for ensuring program integrity by identi-
fying and resolving medical fraud and waste.
(D) Processes for coordinating care within and between
the direct and purchased care components of the military
health system.
(E) Procedures for administering the TRICARE pro-
gram.
(F) Processes for assessing and overseeing the efficiency
of clinical operations of military hospitals and clinics, in-
cluding access to care for covered beneficiaries at such fa-
cilities.
(2) ADDITIONAL INFORMATION.—The reports submitted
under subsection (a) may include, if the Comptroller General
considers feasible—
(A) an estimate of the costs to the Department of De-
fense relating to any waste or inefficiency identified in the
report; and
(B) such recommendations for action by the Secretary
of Defense as the Comptroller General considers appro-
priate, including eliminating waste and inefficiency in the
direct and purchased care components of the military
health system.
(c) DEFINITIONS.—In this section, the terms ‘‘covered bene-
ficiary’’ and ‘‘TRICARE program’’ have the meaning given those
terms in section 1072 of title 10, United States Code.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Rapid acquisition authority amendments.
Sec. 802. Authority for temporary service of Principal Military Deputies to the As-
sistant Secretaries of the military departments for acquisition as Acting
Assistant Secretaries.
Sec. 803. Modernization of services acquisition.
Sec. 804. Defense Modernization Account amendments.
Subtitle B—Department of Defense Acquisition Agility
Sec. 805. Modular open system approach in development of major weapon systems.
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Sec. 806. Development, prototyping, and deployment of weapon system components

or technology.
Sec. 807. Cost, schedule, and performance of major defense acquisition programs.

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Sec. 808. Transparency in major defense acquisition programs.
Sec. 809. Amendments relating to technical data rights.

Subtitle C—Amendments to General Contracting Authorities, Procedures, and

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

Subtitle D—Provisions Relating to Major Defense Acquisition Programs

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

Sec. 854. Key performance parameter reduction pilot program.
Sec. 855. Mission integration management.

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Subtitle E—Provisions Relating to Acquisition Workforce
Sec. 861. Project management.
Sec. 862. Authority to waive tenure requirement for program managers for program
definition and program execution periods.
Sec. 863. Purposes for which the Department of Defense Acquisition Workforce De-
velopment Fund may be used; advisory panel amendments.
Sec. 864. Department of Defense Acquisition Workforce Development Fund deter-
mination adjustment.
Sec. 865. Limitations on funds used for staff augmentation contracts at manage-
ment headquarters of the Department of Defense and the military de-
partments.
Sec. 866. Senior Military Acquisition Advisors in the Defense Acquisition Corps.
Sec. 867. Authority of the Secretary of Defense under the acquisition demonstration
project.

Subtitle F—Provisions Relating to Commercial Items

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

Subtitle G—Industrial Base Matters

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

Subtitle H—Other Matters

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

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Sec. 898. Establishment of Panel on Department of Defense and AbilityOne Con-
tracting Oversight, Accountability, and Integrity; Defense Acquisition
University training.
Sec. 899. Coast Guard major acquisition programs.
Sec. 899A. Enhanced authority to acquire products and services produced in Africa
in support of certain activities.

Subtitle A—Acquisition Policy and Management

SEC. 801. RAPID ACQUISITION AUTHORITY AMENDMENTS.
Section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note)
is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘; or’’ and insert-
ing a semicolon;
(B) in subparagraph (B), by striking ‘‘; and’’ and insert-
ing ‘‘; or’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(C) developed or procured under the rapid fielding or
rapid prototyping acquisition pathways under section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Pub-
lic Law 114–92; 10 U.S.C. 2302 note); and’’;
(2) in subsection (b), by adding at the end the following
new paragraph:
‘‘(3) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense Author-
ization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
2302 note).’’; and
(3) in subsection (c)—
(A) in paragraph (2)(A)—
(i) by striking ‘‘Whenever the Secretary’’ and insert-
ing ‘‘(i) Except as provided under clause (ii), whenever
the Secretary’’; and
(ii) by adding at the end the following new clause:
‘‘(ii) Clause (i) does not apply to acquisitions initiated in
the case of a determination by the Secretary that funds are nec-
essary to immediately initiate a project under the rapid fielding
or rapid prototyping acquisition pathways under section 804 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114–92; 10 U.S.C. 2302 note) if the designated offi-
cial for acquisitions using such pathways is the service acquisi-
tion executive.’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by inserting ‘‘or upon the
Secretary making a determination that funds are nec-
essary to immediately initiate a project under the rapid
fielding or rapid prototyping acquisition pathways
under section 804 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10
U.S.C. 2302 note) based on a compelling national secu-
rity need,’’ after ‘‘of paragraph (1),’’;
(ii) in subparagraph (B)—
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(I) by striking ‘‘The authority’’ and inserting

‘‘Except as provided under subparagraph (C), the
authority’’;

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(II) in clause (ii), by striking ‘‘; and’’ and in-

serting a semicolon;
(III) in clause (iii), by striking the period at
the end and inserting ‘‘; and’’; and
(IV) by adding at the end the following new
clause:
‘‘(iv) in the case of a determination by the Secretary
that funds are necessary to immediately initiate a project
under the rapid fielding or rapid prototyping acquisition
pathways under section 804 of the National Defense Au-
thorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 2302 note), in an amount not more than
$200,000,000 during any fiscal year.’’; and
(iii) by adding at the end the following new sub-
paragraph:
‘‘(C) For each of fiscal years 2017 and 2018, the limits set
forth in clauses (i) and (ii) of subparagraph (B) do not apply
to the exercise of authority under such clauses provided that the
total amount of supplies and associated support services ac-
quired as provided under such subparagraph does not exceed
$800,000,000 during such fiscal year.’’;
(C) in paragraph (4)—
(i) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(ii) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately ini-
tiate a project under the rapid fielding or rapid prototyping ac-
quisition pathways under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10
U.S.C. 2302 note), the Secretary shall notify the congressional
defense committees of the determination within 10 days after
the date of the use of such funds.’’; and
(D) in paragraph (5)—
(i) by striking ‘‘Any acquisition’’ and inserting ‘‘(A)
Any acquisition’’; and
(ii) by adding at the end the following new sub-
paragraph:
‘‘(B) Subparagraph (A) does not apply to acquisitions initi-
ated in the case of a determination by the Secretary that funds
are necessary to immediately initiate a project under the rapid
fielding or rapid prototyping acquisition pathways under sec-
tion 804 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note).’’.
SEC. 802. AUTHORITY FOR TEMPORARY SERVICE OF PRINCIPAL MILI-
TARY DEPUTIES TO THE ASSISTANT SECRETARIES OF THE
MILITARY DEPARTMENTS FOR ACQUISITION AS ACTING
ASSISTANT SECRETARIES.
(a) ASSISTANT SECRETARY OF THE ARMY FOR ACQUISITION, LO-
GISTICS, AND TECHNOLOGY.—Section 3016(b)(5)(B) of title 10,
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United States Code, is amended by adding at the end the following

new sentence: ‘‘In the event of a vacancy in the position of Assistant
Secretary of the Army for Acquisition, Logistics, and Technology,

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the Principal Military Deputy may serve as Acting Assistant Sec-

retary for a period of not more than one year.’’.
(b) ASSISTANT SECRETARY OF THE NAVY FOR RESEARCH, DEVEL-
OPMENT, AND ACQUISITION.—Section 5016(b)(4)(B) of such title is
amended by adding at the end the following new sentence: ‘‘In the
event of a vacancy in the position of Assistant Secretary of the Navy
for Research, Development, and Acquisition, the Principal Military
Deputy may serve as Acting Assistant Secretary for a period of not
more than one year.’’.
(c) ASSISTANT SECRETARY OF THE AIR FORCE FOR ACQUISI-
TION.—Section 8016(b)(4)(B) of such title is amended by adding at
the end the following new sentence: ‘‘In the event of a vacancy in the
position of Assistant Secretary of the Air Force for Acquisition, the
Principal Military Deputy may serve as Acting Assistant Secretary
for a period of not more than one year.’’.
SEC. 803. MODERNIZATION OF SERVICES ACQUISITION.
(a) REVIEW OF SERVICES ACQUISITION CATEGORIES.—Not later
than 180 days after the date of the enactment of this Act, the Sec-
retary of Defense shall review and, if necessary, revise Department
of Defense Instruction 5000.74, dated January 5, 2016 (in this sec-
tion referred to as the ‘‘Acquisition of Services Instruction’’), and
other guidance pertaining to the acquisition of services. In con-
ducting the review, the Secretary shall examine—
(1) how the acquisition community should consider the
changing nature of the technology and professional services
markets, particularly the convergence of hardware and services;
and
(2) the services acquisition portfolio groups referenced in
the Acquisition of Services Instruction and other guidance in
order to ensure the portfolio groups are fully reflective of
changes to the technology and professional services market.
(b) GUIDANCE REGARDING TRAINING AND DEVELOPMENT OF THE
ACQUISITION WORKFORCE.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance addressing the training and development of the De-
partment of Defense workforce engaged in the procurement of
services, including those personnel not designated as members
of the acquisition workforce.
(2) IDENTIFICATION OF TRAINING AND PROFESSIONAL DEVEL-
OPMENT OPPORTUNITIES AND ALTERNATIVES.—The guidance re-
quired under paragraph (1) shall identify training and profes-
sional development opportunities and alternatives, not limited
to existing Department of Defense institutions, that focus on
and provide relevant training and professional development in
commercial business models and contracting.
(3) TREATMENT OF TRAINING AND PROFESSIONAL DEVELOP-
MENT.—Any training and professional development provided
pursuant to this subsection outside Department of Defense insti-
tutions shall be deemed to be equivalent to similar training cer-
tified or provided by the Defense Acquisition University.
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SEC. 804. DEFENSE MODERNIZATION ACCOUNT AMENDMENTS.

(a) FUNDS AVAILABLE FOR ACCOUNT.—Section 2216(b)(1) of title
10, United States Code, is amended by striking ‘‘commencing’’.

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(b) TRANSFERS TO ACCOUNT.—Section 2216(c) of such title is

amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘or the Secretary of Defense with respect
to Defense-wide appropriations accounts’’ and inserting ‘‘,
or the Secretary of Defense with respect to Defense-wide ap-
propriations accounts,’’; and
(B) by striking ‘‘that Secretary’’ and inserting ‘‘the Sec-
retary concerned’’;
(2) in paragraph (1)(B)—
(A) by inserting after ‘‘following funds’’ the following:
‘‘that have been appropriated for fiscal years after fiscal
year 2016 and are’’;
(B) in clause (i)—
(i) by striking ‘‘for procurement’’ and inserting ‘‘for
new obligations’’;
(ii) by striking ‘‘a particular procurement’’ and in-
serting ‘‘an acquisition program’’; and
(iii) by striking ‘‘that procurement’’ and inserting
‘‘that program’’;
(C) by striking clause (ii); and
(D) by redesignating clause (iii) as clause (ii);
(3) in paragraph (2)—
(A) by striking ‘‘, other than funds referred to in sub-
paragraph (B)(iii) of such paragraph,’’; and
(B) by striking ‘‘if—’’ and all that follows through ‘‘(B)
the balance of funds’’ and inserting ‘‘if the balance of
funds’’;
(4) in paragraph (3)—
(A) by striking ‘‘credited to’’ both places it appears and
inserting ‘‘deposited in’’; and
(B) by inserting ‘‘and obligation’’ after ‘‘available for
transfer’’; and
(5) by striking paragraph (4).
(c) AUTHORIZED USE OF FUNDS.—Section 2216(d) of such title
is amended—
(1) in paragraph (1)—
(A) by striking ‘‘commencing’’; and
(B) by striking ‘‘Secretary of Defense’’ and inserting
‘‘Secretary concerned’’;
(2) in paragraph (2), by striking ‘‘a procurement program’’
and inserting ‘‘an acquisition program’’;
(3) by amending paragraph (3) to read as follows:
‘‘(3) For research, development, test, and evaluation, for
procurement, and for sustainment activities necessary for pay-
ing costs of unforeseen contingencies that are approved by the
milestone decision authority concerned, that could prevent an
ongoing acquisition program from meeting critical schedule or
performance requirements.’’; and
(4) by inserting at the end the following new paragraph:
‘‘(4) For paying costs of changes to program requirements
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or system configuration that are approved by the configuration

steering board for a major defense acquisition program.’’.
(d) LIMITATIONS.—Section 2216(e) of such title is amended—

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(1) in paragraph (1), by striking ‘‘procurement program’’

both places it appears and inserting ‘‘acquisition program’’; and
(2) in paragraph (2), by striking ‘‘authorized appropria-
tions’’ and inserting ‘‘authorized appropriations, unless the pro-
cedures for initiating a new start program are complied with’’.
(e) TRANSFER OF FUNDS.—Section 2216(f)(1) of such title is
amended by striking ‘‘Secretary of Defense’’ and inserting ‘‘Secretary
of a military department, or the Secretary of Defense with respect
to Defense-wide appropriations accounts,’’.
(f) AVAILABILITY OF FUNDS BY APPROPRIATION.—Section 2216(g)
of such title is amended—
(1) by striking ‘‘in accordance with the provisions of appro-
priations Acts’’; and
(2) by adding at the end the following: ‘‘Funds deposited in
the Defense Modernization Account shall remain available for
obligation until the end of the third fiscal year that follows the
fiscal year in which the amounts are deposited in the account.’’.
(g) SECRETARY TO ACT THROUGH COMPTROLLER.—Section
2216(h)(2) of such title is amended—
(1) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(2) by inserting before subparagraph (B), as so redesig-
nated, the following new subparagraph (A):
‘‘(A) the establishment and management of subaccounts
for each of the military departments and Defense Agencies
concerned for the use of funds in the Defense Modernization
Account, consistent with each military department’s or De-
fense Agency’s deposits in the Account;’’;
(3) in subparagraph (C), as so redesignated, by inserting
‘‘and subaccounts’’ after ‘‘Account’’; and
(4) in subparagraph (D), as so redesignated, by striking
‘‘subsection (c)(1)(B)(iii)’’ and inserting ‘‘subsection (c)(1)(B)(ii)’’.
(h) DEFINITIONS.—Paragraph (1) of section 2216(i) of such title
is amended to read as follows:
‘‘(1) The term ‘major defense acquisition program’ has the
meaning given the term in section 2430(a) of this title.’’.
(j) EXPIRATION OF AUTHORITY.—Section 2216(j)(1) of such title
is amended by striking ‘‘terminates at the close of September 30,
2006’’ and inserting ‘‘terminates at the close of September 30, 2022’’.
Subtitle B—Department of Defense Acquisition Agility
SEC. 805. MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT OF
MAJOR WEAPON SYSTEMS.
(a) MODULAR OPEN SYSTEM APPROACH.—
(1) IN GENERAL.—Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 144A the fol-
lowing new chapter:
‘‘CHAPTER 144B—WEAPON SYSTEMS DEVELOPMENT AND RELATED
MATTERS
‘‘Subchapter Sec.
‘‘I. Modular Open System Approach in Development of Weapon Sys-
tems ........................................................................................ 2446a
‘‘II. Development, Prototyping, and Deployment of Weapon System
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Components and Technology ........................................... 2447a

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

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‘‘SUBCHAPTER I—MODULAR OPEN SYSTEM APPROACH IN DEVELOPMENT
OF WEAPON SYSTEMS
‘‘Sec.
‘‘2446a. Requirement for modular open system approach in major defense acquisition
programs; definitions.
‘‘2446b. Requirement to address modular open system approach in program capabili-
ties development and acquisition weapon system design.
‘‘2446c. Requirements relating to availability of major system interfaces and support
for modular open system approach.

‘‘§ 2446a. Requirement for modular open system approach in

major defense acquisition programs; definitions
‘‘(a) MODULAR OPEN SYSTEM APPROACH REQUIREMENT.—A
major defense acquisition program that receives Milestone A or
Milestone B approval after January 1, 2019, shall be designed and
developed, to the maximum extent practicable, with a modular open
system approach to enable incremental development and enhance
competition, innovation, and interoperability.
‘‘(b) DEFINITIONS.—In this chapter:
‘‘(1) The term ‘modular open system approach’ means, with
respect to a major defense acquisition program, an integrated
business and technical strategy that—
‘‘(A) employs a modular design that uses major system
interfaces between a major system platform and a major
system component, between major system components, or
between major system platforms;
‘‘(B) is subjected to verification to ensure major system
interfaces comply with, if available and suitable, widely
supported and consensus-based standards;
‘‘(C) uses a system architecture that allows severable
major system components at the appropriate level to be in-
crementally added, removed, or replaced throughout the life
cycle of a major system platform to afford opportunities for
enhanced competition and innovation while yielding—
‘‘(i) significant cost savings or avoidance;
‘‘(ii) schedule reduction;
‘‘(iii) opportunities for technical upgrades;
‘‘(iv) increased interoperability, including system of
systems interoperability and mission integration; or
‘‘(v) other benefits during the sustainment phase of
a major weapon system; and
‘‘(D) complies with the technical data rights set forth in
section 2320 of this title.
‘‘(2) The term ‘major system platform’ means the highest
level structure of a major weapon system that is not physically
mounted or installed onto a higher level structure and on which
a major system component can be physically mounted or in-
stalled.
‘‘(3) The term ‘major system component’—
‘‘(A) means a high level subsystem or assembly, includ-
ing hardware, software, or an integrated assembly of both,
that can be mounted or installed on a major system plat-
form through well-defined major system interfaces; and
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‘‘(B) includes a subsystem or assembly that is likely to

have additional capability requirements, is likely to change
because of evolving technology or threat, is needed for inter-

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 256

operability, facilitates incremental deployment of capabili-

ties, or is expected to be replaced by another major system
component.
‘‘(4) The term ‘major system interface’—
‘‘(A) means a shared boundary between a major system
platform and a major system component, between major
system components, or between major system platforms, de-
fined by various physical, logical, and functional character-
istics, such as electrical, mechanical, fluidic, optical, radio
frequency, data, networking, or software elements; and
‘‘(B) is characterized clearly in terms of form, function,
and the content that flows across the interface in order to
enable technological innovation, incremental improvements,
integration, and interoperability.
‘‘(5) The term ‘program capability document’ means, with
respect to a major defense acquisition program, a document
that specifies capability requirements for the program, such as
a capability development document or a capability production
document.
‘‘(6) The terms ‘program cost targets’ and ‘fielding target’
have the meanings provided in section 2448a(a) of this title.
‘‘(7) The term ‘major defense acquisition program’ has the
meaning provided in section 2430 of this title.
‘‘(8) The term ‘major weapon system’ has the meaning pro-
vided in section 2379(f) of this title.
‘‘§ 2446b. Requirement to address modular open system ap-
proach in program capabilities development and
acquisition weapon system design
‘‘(a) PROGRAM CAPABILITY DOCUMENT.—A program capability
document for a major defense acquisition program shall identify
and characterize—
‘‘(1) the extent to which requirements for system perform-
ance are likely to evolve during the life cycle of the system be-
cause of evolving technology, threat, or interoperability needs;
and
‘‘(2) for requirements that are expected to evolve, the min-
imum acceptable capability that is necessary for initial oper-
ating capability of the major defense acquisition program.
‘‘(b) ANALYSIS OF ALTERNATIVES.—The Director of Cost Assess-
ment and Performance Evaluation, in formulating study guidance
for analyses of alternatives for major defense acquisition programs
and performing such analyses under section 139a(d)(4) of this title,
shall ensure that any such analysis for a major defense acquisition
program includes consideration of evolutionary acquisition, proto-
typing, and a modular open system approach.
‘‘(c) ACQUISITION STRATEGY.—In the case of a major defense ac-
quisition program that uses a modular open system approach, the
acquisition strategy required under section 2431a of this title
shall—
‘‘(1) clearly describe the modular open system approach to
be used for the program;
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‘‘(2) differentiate between the major system platform and

major system components being developed under the program,
as well as major system components developed outside the pro-

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 257

gram that will be integrated into the major defense acquisition

program;
‘‘(3) clearly describe the evolution of major system compo-
nents that are anticipated to be added, removed, or replaced in
subsequent increments;
‘‘(4) identify additional major system components that may
be added later in the life cycle of the major system platform;
‘‘(5) clearly describe how intellectual property and related
issues, such as technical data deliverables, that are necessary to
support a modular open system approach, will be addressed;
and
‘‘(6) clearly describe the approach to systems integration
and systems-level configuration management to ensure mission
and information assurance.
‘‘(d) REQUEST FOR PROPOSALS.—The milestone decision author-
ity for a major defense acquisition program that uses a modular
open system approach shall ensure that a request for proposals for
the development or production phases of the program shall describe
the modular open system approach and the minimum set of major
system components that must be included in the design of the major
defense acquisition program.
‘‘(e) MILESTONE B.—A major defense acquisition program may
not receive Milestone B approval under section 2366b of this title
until the milestone decision authority determines in writing that—
‘‘(1) in the case of a program that uses a modular open sys-
tem approach—
‘‘(A) the program incorporates clearly defined major
system interfaces between the major system platform and
major system components, between major system compo-
nents, and between major system platforms;
‘‘(B) such major system interfaces are consistent with
the widely supported and consensus-based standards that
exist at the time of the milestone decision, unless such
standards are unavailable or unsuitable for particular
major system interfaces; and
‘‘(C) the Government has arranged to obtain appro-
priate and necessary intellectual property rights with re-
spect to such major system interfaces upon completion of
the development of the major system platform; or
‘‘(2) in the case of a program that does not use a modular
open system approach, that the use of a modular open system
approach is not practicable.
‘‘§ 2446c. Requirements relating to availability of major sys-
tem interfaces and support for modular open system
approach
‘‘The Secretary of each military department shall—
‘‘(1) coordinate with the other military departments, the de-
fense agencies, defense and other private sector entities, na-
tional standards-setting organizations, and, when appropriate,
with elements of the intelligence community with respect to the
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specification, identification, development, and maintenance of

major system interfaces and standards for use in major system
platforms, where practicable;

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 258

‘‘(2) ensure that major system interfaces incorporate com-

mercial standards and other widely supported consensus-based
standards that are validated, published, and maintained by
recognized standards organizations to the maximum extent
practicable;
‘‘(3) ensure that sufficient systems engineering and develop-
ment expertise and resources are available to support the use of
a modular open system approach in requirements development
and acquisition program planning;
‘‘(4) ensure that necessary planning, programming, and
budgeting resources are provided to specify, identify, develop,
and sustain the modular open system approach, associated
major system interfaces, systems integration, and any addi-
tional program activities necessary to sustain innovation and
interoperability; and
‘‘(5) ensure that adequate training in the use of a modular
open system approach is provided to members of the require-
ments and acquisition workforce.’’.
(2) CLERICAL AMENDMENT.—The table of chapters for title
10, United States Code, is amended by adding after the item re-
lating to chapter 144A the following new item:
‘‘144B. Weapon Systems Development and Related Matters ....................2446a’’.
(3) CONFORMING AMENDMENT.—Section 2366b(a)(3) of such
title is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (K);
and
(B) by inserting after subparagraph (L) the following
new subparagraph:
‘‘(M) the requirements of section 2446b(e) of this title
are met; and’’.
(4) EFFECTIVE DATE.—Subchapter I of chapter 144B of title
10, United States Code, as added by paragraph (1), shall take
effect on January 1, 2017.
(b) REQUIREMENT TO INCLUDE MODULAR OPEN SYSTEM AP-
PROACH IN SELECTED ACQUISITION REPORTS.—Section 2432(c)(1) of
such title is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (F);
(2) by redesignating subparagraph (G) as subparagraph
(H); and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
‘‘(G) for each major defense acquisition program that re-
ceives Milestone B approval after January 1, 2019, a brief sum-
mary description of the key elements of the modular open sys-
tem approach as defined in section 2446a of this title or, if a
modular open system approach was not used, the rationale for
not using such an approach; and’’.
SEC. 806. DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAP-
ON SYSTEM COMPONENTS OR TECHNOLOGY.
(a) DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF WEAPON
SYSTEM COMPONENTS OR TECHNOLOGY.—
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(1) IN GENERAL.—Chapter 144B of title 10, United States

Code, as added by section 805, is further amended by adding
at the end the following new subchapter:

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 259
‘‘SUBCHAPTER II—DEVELOPMENT, PROTOTYPING, AND DEPLOYMENT OF
WEAPON SYSTEM COMPONENTS OR TECHNOLOGY
‘‘Sec.
‘‘2447a. Weapon system component or technology prototype projects: display of budg-
et information.
‘‘2447b. Weapon system component or technology prototype projects: oversight.
‘‘2447c. Requirements and limitations for weapon system component or technology
prototype projects.
‘‘2447d. Mechanisms to speed deployment of successful weapon system component or
technology prototypes.
‘‘2447e. Definition of weapon system component.
‘‘§ 2447a. Weapon system component or technology prototype
projects: display of budget information
‘‘(a) REQUIREMENTS FOR BUDGET DISPLAY.—In the defense
budget materials for any fiscal year after fiscal year 2017, the Sec-
retary of Defense shall, with respect to advanced component develop-
ment and prototype activities (within the research, development,
test, and evaluation budget), set forth the amounts requested for
each of the following:
‘‘(1) Acquisition programs of record.
‘‘(2) Development, prototyping, and experimentation of
weapon system components or other technologies, including
those based on commercial items and technologies, separate
from acquisition programs of record.
‘‘(3) Other budget line items as determined by the Secretary
of Defense.
‘‘(b) ADDITIONAL REQUIREMENTS.—For purposes of subsection
(a)(2), the amounts requested for development, prototyping, and ex-
perimentation of weapon system components or other technologies
shall be—
‘‘(1) structured into either capability, weapon system compo-
nent, or technology portfolios that reflect the priority areas for
prototype projects; and
‘‘(2) justified with general descriptions of the types of capa-
bility areas and technologies being funded or expected to be
funded during the fiscal year concerned.
‘‘(c) DEFINITIONS.—In this section, the terms ‘budget’ and ‘de-
fense budget materials’ have the meaning given those terms in sec-
tion 234 of this title.
‘‘§ 2447b. Weapon system component or technology prototype
projects: oversight
‘‘(a) ESTABLISHMENT.—The Secretary of each military depart-
ment shall establish an oversight board or identify a similar exist-
ing group of senior advisors for managing prototype projects for
weapon system components and other technologies and subsystems,
including the use of funds for such projects, within the military de-
partment concerned.
‘‘(b) MEMBERSHIP.—Each oversight board shall be comprised of
senior officials with—
‘‘(1) expertise in requirements; research, development, test,
and evaluation; acquisition; sustainment; or other relevant
areas within the military department concerned;
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‘‘(2) awareness of technology development activities and op-

portunities in the Department of Defense, industry, and other
sources; and

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 260

‘‘(3) awareness of the component capability requirements of

major weapon systems, including scheduling and fielding goals
for such component capabilities.
‘‘(c) FUNCTIONS.—The functions of each oversight board are as
follows:
‘‘(1) To issue a strategic plan every three years that
prioritizes the capability and weapon system component port-
folio areas for conducting prototype projects, based on assess-
ments of—
‘‘(A) high priority warfighter needs;
‘‘(B) capability gaps or readiness issues with major
weapon systems;
‘‘(C) opportunities to incrementally integrate new com-
ponents into major weapon systems based on commercial
technology or science and technology efforts that are ex-
pected to be sufficiently mature to prototype within three
years; and
‘‘(D) opportunities to reduce operation and support
costs of major weapon systems.
‘‘(2) To annually recommend funding levels for weapon sys-
tem component or technology development and prototype
projects across capability or weapon system component port-
folios.
‘‘(3) To annually recommend to the service acquisition exec-
utive of the military department concerned specific weapon sys-
tem component or technology development and prototype
projects, subject to the requirements and limitations in section
2447c of this title.
‘‘(4) To ensure projects are managed by experts within the
Department of Defense who are knowledgeable in research, de-
velopment, test, and evaluation and who are aware of opportu-
nities for incremental deployment of component capabilities and
other technologies to major weapon systems or directly to sup-
port warfighting capabilities.
‘‘(5) To ensure projects are conducted in a manner that al-
lows for appropriate experimentation and technology risk.
‘‘(6) To ensure projects have a plan for technology transition
of the prototype into a fielded system, program of record, or
operational use, as appropriate, upon successful achievement of
technical and project goals.
‘‘(7) To ensure necessary technical, contracting, and finan-
cial management resources are available to support each
project.
‘‘(8) To submit to the congressional defense committees a
semiannual notification that includes the following:
‘‘(A) each weapon system component or technology pro-
totype project initiated during the preceding six months, in-
cluding an explanation of each project and its required
funding.
‘‘(B) the results achieved from weapon system compo-
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nent prototype and technology projects completed and tested

during the preceding six months.

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‘‘§ 2447c. Requirements and limitations for weapon system

component or technology prototype projects
‘‘(a) LIMITATION ON PROTOTYPE PROJECT DURATION.—A proto-
type project shall be completed within two years of its initiation.
‘‘(b) MERIT-BASED SELECTION PROCESS.—A prototype project
shall be selected by the service acquisition executive of the military
department concerned through a merit-based selection process that
identifies the most promising, innovative, and cost-effective proto-
types that address one or more of the elements set forth in sub-
section (c)(1) of section 2447b of this title and are expected to be suc-
cessfully demonstrated in a relevant environment.
‘‘(c) TYPE OF TRANSACTION.—Prototype projects shall be funded
through contracts, cooperative agreements, or other transactions.
‘‘(d) FUNDING LIMIT.—(1) Each prototype project may not exceed
a total amount of $10,000,000 (based on fiscal year 2017 constant
dollars), unless—
‘‘(A) the Secretary of the military department, or the Sec-
retary’s designee, approves a larger amount of funding for the
project, not to exceed $50,000,000; and
‘‘(B) the Secretary, or the Secretary’s designee, submits to
the congressional defense committees, within 30 days after ap-
proval of such funding for the project, a notification that in-
cludes—
‘‘(i) the project;
‘‘(ii) expected funding for the project; and
‘‘(iii) a statement of the anticipated outcome of the
project.
‘‘(2) The Secretary of Defense may adjust the amounts (and the
base fiscal year) provided in paragraph (1) on the basis of Depart-
ment of Defense escalation rates.
‘‘(e) RELATED PROTOTYPE AUTHORITIES.—Prototype projects that
exceed the duration and funding limits established in this section
shall be pursued under the rapid prototyping process established by
section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). In addition,
nothing in this subchapter shall affect the authority to carry out
prototype projects under section 2371b or any other section of this
title related to prototyping.
‘‘§ 2447d. Mechanisms to speed deployment of successful
weapon system component or technology prototypes
‘‘(a) SELECTION OF PROTOTYPE PROJECT FOR PRODUCTION AND
RAPID FIELDING.—A weapon system component or technology proto-
type project may be selected by the service acquisition executive of
the military department concerned for a follow-on production con-
tract or other transaction without the use of competitive procedures,
notwithstanding the requirements of section 2304 of this title, if—
‘‘(1) the follow-on production project addresses a high pri-
ority warfighter need or reduces the costs of a weapon system;
‘‘(2) competitive procedures were used for the selection of
parties for participation in the original prototype project;
‘‘(3) the participants in the original prototype project suc-
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cessfully completed the requirements of the project; and

‘‘(4) a prototype of the system to be procured was dem-
onstrated in a relevant environment.

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‘‘(b) SPECIAL TRANSFER AUTHORITY.—(1) The Secretary of a

military department may, as specified in advance by appropriations
Acts, transfer funds that remain available for obligation in procure-
ment appropriation accounts of the military department to fund the
low-rate initial production of the rapid fielding project until re-
quired funding for full-rate production can be submitted and ap-
proved through the regular budget process of the Department of De-
fense.
‘‘(2) The funds transferred under this subsection to fund the
low-rate initial production of a rapid fielding project shall be for a
period not to exceed two years, the amount for such period may not
exceed $50,000,000, and the special transfer authority provided in
this subsection may not be used more than once to fund procure-
ment of a particular new or upgraded system.
‘‘(3) The special transfer authority provided in this subsection
is in addition to any other transfer authority available to the De-
partment of Defense.
‘‘(c) NOTIFICATION TO CONGRESS.—Within 30 days after the
service acquisition executive of a military department selects a
weapon system component or technology project for a follow-on pro-
duction contract or other transaction, the service acquisition execu-
tive shall notify the congressional defense committees of the selection
and provide a brief description of the rapid fielding project.
‘‘§ 2447e. Definition of weapon system component
‘‘In this subchapter, the term ‘weapon system component’ has
the meaning given the term ‘major system component’ in section
2446a of this title.’’.
(2) EFFECTIVE DATE.—Subchapter II of chapter 144B of
title 10, United States Code, as added by paragraph (1), shall
take effect on January 1, 2017.
(b) ADDITION TO REQUIREMENTS NEEDED BEFORE MILESTONE A
APPROVAL.—Section 2366a(b) of such title is amended—
(1) by striking ‘‘and’’ at the end of paragraph (7);
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following new para-
graph (8):
‘‘(8) that, with respect to a program initiated after January
1, 2019, technology shall be developed in the program (after
Milestone A approval) only if the milestone decision authority
determines with a high degree of confidence that such develop-
ment will not delay the fielding target of the program, or, if the
milestone decision authority does not make such determination
for a major system component being developed under the pro-
gram, the milestone decision authority ensures that the tech-
nology related to the major system component shall be suffi-
ciently matured and demonstrated in a relevant environment
(after Milestone A approval) separate from the program using
the prototyping authorities in subchapter II of chapter 144B of
this title or other authorities, as appropriate, and have an effec-
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tive plan for adoption or insertion by the relevant program;

and’’.

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 263
SEC. 807. COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) COST, SCHEDULE, AND PERFORMANCE OF MAJOR DEFENSE
ACQUISITION PROGRAMS.—
(1) IN GENERAL.—Chapter 144B of title 10, United States
Code, as added by section 805, is amended by adding at the
end the following new subchapter:
‘‘SUBCHAPTER III—COST, SCHEDULE, AND PERFORMANCE OF MAJOR
DEFENSE ACQUISITION PROGRAMS
‘‘Sec.
‘‘2448a. Program cost, fielding, and performance goals in planning major defense ac-
quisition programs.
‘‘2448b. Independent technical risk assessments.
‘‘§ 2448a. Program cost, fielding, and performance goals in
planning major defense acquisition programs
‘‘(a) PROGRAM COST AND FIELDING TARGETS.—(1) Before funds
are obligated for technology development, systems development, or
production of a major defense acquisition program, the Secretary of
Defense shall ensure, by establishing the goals described in para-
graph (2), that the milestone decision authority for the major de-
fense acquisition program approves a program that will—
‘‘(A) be affordable;
‘‘(B) incorporate program planning that anticipates the evo-
lution of capabilities to meet changing threats, technology inser-
tion, and interoperability; and
‘‘(C) be fielded when needed.
‘‘(2) The goals described in this paragraph are goals for—
‘‘(A) the procurement unit cost and sustainment cost (re-
ferred to in this section as the ‘program cost targets’);
‘‘(B) the date for initial operational capability (referred to
in this section as the ‘fielding target’); and
‘‘(C) technology maturation, prototyping, and a modular
open system approach to evolve system capabilities and improve
interoperability.
‘‘(b) DELEGATION.—The responsibilities of the Secretary of De-
fense in subsection (a) may be delegated only to the Deputy Sec-
retary of Defense.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘procurement unit cost’ has the meaning pro-
vided in section 2432(a)(2) of this title.
‘‘(2) The term ‘initial capabilities document’ has the mean-
ing provided in section 2366a(d)(2) of this title.
‘‘§ 2448b. Independent technical risk assessments
‘‘(a) IN GENERAL.—With respect to a major defense acquisition
program, the Secretary of Defense shall ensure that an independent
technical risk assessment is conducted—
‘‘(1) before any decision to grant Milestone A approval for
the program pursuant to section 2366a of this title, that identi-
fies critical technologies and manufacturing processes that need
to be matured; and
‘‘(2) before any decision to grant Milestone B approval for
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the program pursuant to section 2366b of this title, any decision

to enter into low-rate initial production or full-rate production,
or at any other time considered appropriate by the Secretary,

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that includes the identification of any critical technologies or

manufacturing processes that have not been successfully dem-
onstrated in a relevant environment.
‘‘(b) CATEGORIZATION OF TECHNICAL RISK LEVELS.—The Sec-
retary shall issue guidance and a framework for categorizing the de-
gree of technical and manufacturing risk in a major defense acqui-
sition program.’’.
(2) EFFECTIVE DATE.—Subchapter III of chapter 144B of
title 10, United States Code, as added by paragraph (1), shall
apply with respect to major defense acquisition programs that
reach Milestone A after October 1, 2017.
(b) MODIFICATION OF MILESTONE DECISION AUTHORITY.—Effec-
tive January 1, 2017, subsection (d) of section 2430 of title 10,
United States Code, as added by section 825(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 907), is amended—
(1) in paragraph (2)(A), by inserting ‘‘subject to paragraph
(5),’’ before ‘‘the Secretary determines’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) The authority of the Secretary of Defense to designate an
alternative milestone decision authority for a program with respect
to which the Secretary determines that the program is addressing
a joint requirement, as set forth in paragraph (2)(A), shall apply
only for a major defense acquisition program that reaches Milestone
A after October 1, 2016, and before October 1, 2019.’’.
(c) ADHERENCE TO REQUIREMENTS IN MAJOR DEFENSE ACQUISI-
TION PROGRAMS.—Section 2547 of title 10, United States Code, is
amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) ADHERENCE TO REQUIREMENTS IN MAJOR DEFENSE ACQUI-
SITION PROGRAMS.—The Secretary of the military department con-
cerned shall ensure that the program capability document sup-
porting a Milestone B or subsequent decision for a major defense ac-
quisition program may not be approved until the chief of the armed
force concerned determines in writing that the requirements in the
document are necessary and realistic in relation to the program cost
and fielding targets established under section 2448a(a) of this
title.’’; and
(3) by adding at the end of subsection (d), as so redesig-
nated, the following new paragraph:
‘‘(3) The term ‘program capability document’ has the mean-
ing provided in section 2446a(b)(5) of this title.’’.
(d) AMENDMENT RELATING TO DETERMINATION REQUIRED BE-
FORE MILESTONE A APPROVAL.—Section 2366a(b)(4) of title 10,
United States Code, is amended by inserting after ‘‘areas of risk’’ the
following: ‘‘, including risks determined by the identification of crit-
ical technologies required under section 2448b(a)(1) of this title or
any other risk assessment’’.
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(e) AMENDMENT RELATING TO CERTIFICATION REQUIRED BE-

FORE MILESTONE B APPROVAL.—Section 2366b(a) of title 10, United
States Code, is amended—

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(1) in paragraph (2), by striking ‘‘assessment by the Assist-

ant Secretary’’ and all that follows through ‘‘Test and Evalua-
tion’’ and inserting ‘‘technical risk assessment conducted under
section 2448b of this title’’; and
(2) in paragraph (3), as amended by section 805(a)(3)(B)—
(A) by striking ‘‘and’’ at the end of subparagraph (C);
(B) by redesignating subparagraphs (D) through (M) as
subparagraphs (E) through (N), respectively; and
(C) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) the estimated procurement unit cost for the pro-
gram and the estimated date for initial operational capa-
bility for the baseline description for the program (estab-
lished under section 2435) do not exceed the program cost
and fielding targets established under section 2448a(a) of
this title, or, if such estimated cost is higher than the pro-
gram cost targets or if such estimated date is later than the
fielding target, the program cost targets have been in-
creased or the fielding target has been delayed by the Sec-
retary of Defense after a request for such increase or delay
by the milestone decision authority;’’.
SEC. 808. TRANSPARENCY IN MAJOR DEFENSE ACQUISITION PRO-
GRAMS.
(a) MILESTONE A REPORT.—
(1) IN GENERAL.—Section 2366a(c) of title 10, United States
Code, is amended to read as follows:
‘‘(c) SUBMISSIONS TO CONGRESS ON MILESTONE A.—
‘‘(1) BRIEF SUMMARY REPORT.—Not later than 15 days after
granting Milestone A approval for a major defense acquisition
program, the milestone decision authority for the program shall
provide to the congressional defense committees and, in the case
of intelligence or intelligence-related activities, the congressional
intelligence committees a brief summary report that contains
the following elements:
‘‘(A) The program cost and fielding targets established
by the Secretary of Defense under section 2448a(a) of this
title.
‘‘(B) The estimated cost and schedule for the program
established by the military department concerned, includ-
ing—
‘‘(i) the dollar values estimated for the program ac-
quisition unit cost and total life-cycle cost; and
‘‘(ii) the planned dates for each program milestone
and initial operational capability.
‘‘(C) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this title, and
any independent estimated schedule for the program, in-
cluding—
‘‘(i) as assessment of the major contributors to the
program acquisition unit cost and total life-cycle cost;
and
‘‘(ii) the planned dates for each program milestone
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and initial operational capability.

‘‘(D) A summary of the technical or manufacturing
risks associated with the program, as determined by the

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 266

military department concerned, including identification of

any critical technologies or manufacturing processes that
need to be matured.
‘‘(E) A summary of the independent technical risk as-
sessment conducted or approved under section 2448b of this
title, including identification of any critical technologies or
manufacturing processes that need to be matured.
‘‘(F) A summary of any sufficiency review conducted by
the Director of Cost Assessment and Program Evaluation of
the analysis of alternatives performed for the program (as
referred to in section 2366a(b)(6) of this title).
‘‘(G) Any other information the milestone decision au-
thority considers relevant.
‘‘(2) ADDITIONAL INFORMATION.—(A) At the request of any of
the congressional defense committees or, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees, the milestone decision authority shall sub-
mit to the committee an explanation of the basis for a deter-
mination made under subsection (b) with respect to a major de-
fense acquisition program, together with a copy of the written
determination, or further information or underlying documenta-
tion for the information in a brief summary report submitted
under paragraph (1), including the independent cost and sched-
ule estimates and the independent technical risk assessments
referred to in that paragraph.
‘‘(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.’’.
(2) DEFINITIONS.—Section 2366a(d) of such title is amend-
ed by adding at the end the following new paragraphs:
‘‘(8) The term ‘fielding target’ has the meaning given that
term in section 2448a(a) of this title.
‘‘(9) The term ‘major system component’ has the meaning
given that term in section 2446a(b)(3) of this title.
‘‘(10) The term ‘congressional intelligence committees’ has
the meaning given that term in section 437(c) of this title.’’.
(b) MILESTONE B REPORT.—
(1) IN GENERAL.—Section 2366b(c) of title 10, United States
Code, is amended to read as follows:
‘‘(c) SUBMISSIONS TO CONGRESS ON MILESTONE B.—
‘‘(1) BRIEF SUMMARY REPORT.—Not later than 15 days after
granting Milestone B approval for a major defense acquisition
program, the milestone decision authority for the program shall
provide to the congressional defense committees and, in the case
of intelligence or intelligence-related activities, the congressional
intelligence committees a brief summary report that contains
the following elements:
‘‘(A) The program cost and fielding targets established
by the Secretary of Defense under section 2448a(a) of this
title.
‘‘(B) The estimated cost and schedule for the program
established by the military department concerned, includ-
ing—
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‘‘(i) the dollar values estimated for the program ac-

quisition unit cost, average procurement unit cost, and
total life-cycle cost; and

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‘‘(ii) the planned dates for each program milestone,

initial operational test and evaluation, and initial
operational capability.
‘‘(C) The independent estimated cost for the program
established pursuant to section 2334(a)(6) of this title, and
any independent estimated schedule for the program, in-
cluding—
‘‘(i) the dollar values and ranges estimated for the
program acquisition unit cost, average procurement
unit cost, and total life-cycle cost; and
‘‘(ii) the planned dates for each program milestone,
initial operational test and evaluation, and initial
operational capability.
‘‘(D) A summary of the technical and manufacturing
risks associated with the program, as determined by the
military department concerned, including identification of
any critical technologies or manufacturing processes that
have not been successfully demonstrated in a relevant envi-
ronment.
‘‘(E) A summary of the independent technical risk as-
sessment conducted or approved under section 2448b of this
title, including identification of any critical technologies or
manufacturing processes that have not been successfully
demonstrated in a relevant environment.
‘‘(F) A statement of whether a modular open system ap-
proach is being used for the program.
‘‘(G) Any other information the milestone decision au-
thority considers relevant.
‘‘(2) CERTIFICATIONS AND DETERMINATIONS.—(A) The cer-
tifications and determination under subsection (a) with respect
to a major defense acquisition program shall be submitted to
the congressional defense committees with the first Selected Ac-
quisition Report submitted under section 2432 of this title after
completion of the certification.
‘‘(B) The milestone decision authority shall retain records of
the basis for the certifications and determination under para-
graphs (1), (2), and (3) of subsection (a).
‘‘(3) ADDITIONAL INFORMATION.—(A) At the request of any of
the congressional defense committees or, in the case of intel-
ligence or intelligence-related activities, the congressional intel-
ligence committees, the milestone decision authority shall sub-
mit to the committee an explanation of the basis for the certifi-
cations and determination under paragraphs (1), (2), and (3) of
subsection (a) with respect to a major defense acquisition pro-
gram or further information or underlying documentation for
the information in a brief summary report submitted under
paragraph (1), including the independent cost and schedule es-
timates and the independent technical risk assessments referred
to in that paragraph.
‘‘(B) The explanation or information shall be submitted in
unclassified form, but may include a classified annex.’’.
(2) DEFINITIONS.—Section 2366b(g) of such title is amended
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by adding at the end the following new paragraphs:

‘‘(6) The term ‘fielding target’ has the meaning given that
term in section 2448a(a) of this title.

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‘‘(7) The term ‘major system component’ has the meaning

given that term in section 2446a(b)(3) of this title.
‘‘(8) The term ‘congressional intelligence committees’ has the
meaning given that term in section 437(c) of this title.’’.
(c) MILESTONE C REPORT.—
(1) IN GENERAL.—Chapter 139 of such title is amended by
inserting after section 2366b the following new section:
‘‘§ 2366c. Major defense acquisition programs: submissions to
Congress on Milestone C
‘‘(a) BRIEF SUMMARY REPORT.—Not later than 15 days after
granting Milestone C approval for a major defense acquisition pro-
gram, the milestone decision authority for the program shall pro-
vide to the congressional defense committees and, in the case of in-
telligence or intelligence-related activities, the congressional intel-
ligence committees a brief summary report that contains the fol-
lowing:
‘‘(1) The estimated cost and schedule for the program estab-
lished by the military department concerned, including—
‘‘(A) the dollar values estimated for the program acqui-
sition unit cost, average procurement unit cost, and total
life-cycle cost; and
‘‘(B) the planned dates for initial operational test and
evaluation and initial operational capability.
‘‘(2) The independent estimated cost for the program estab-
lished pursuant to section 2334(a)(6) of this title, and any inde-
pendent estimated schedule for the program, including—
‘‘(A) the dollar values estimated for the program acqui-
sition unit cost, average procurement unit cost, and total
life-cycle cost; and
‘‘(B) the planned dates for initial operational test and
evaluation and initial operational capability.
‘‘(3) A summary of any production, manufacturing, and
fielding risks associated with the program.
‘‘(b) ADDITIONAL INFORMATION.—At the request of any of the
congressional defense committees or, in the case of intelligence or in-
telligence-related activities, the congressional intelligence commit-
tees, the milestone decision authority shall submit to the committee
further information or underlying documentation for the informa-
tion in a brief summary report submitted under subsection (a), in-
cluding the independent cost and schedule estimates and the inde-
pendent technical risk assessments referred to in that subsection.
‘‘(c) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.—In
this section, the term ‘congressional intelligence committees’ has the
meaning given that term in section 437(c) of this title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter is amended by inserting after the item
relating to section 2366b the following new item:
‘‘2366c. Major defense acquisition programs: submissions to Congress on Milestone
C.’’.
SEC. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS.
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(a) RIGHTS RELATING TO ITEM OR PROCESS DEVELOPED EXCLU-

SIVELY AT PRIVATE EXPENSE.—Subsection (a)(2)(C)(iii) of section
2320 of title 10, United States Code, is amended by inserting after

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‘‘or process data’’ the following: ‘‘, including such data pertaining to
a major system component’’.
(b) RIGHTS RELATING TO INTERFACE OR MAJOR SYSTEM INTER-
FACE.—Subsection (a)(2) of section 2320 of such title is further
amended—
(1) by redesignating subparagraphs (F) and (G) as sub-
paragraphs (H) and (I), respectively;
(2) in subparagraph (B), by striking ‘‘Except as provided in
subparagraphs (C) and (D),’’ and inserting ‘‘Except as provided
in subparagraphs (C), (D), and (G),’’;
(3) in subparagraph (D)(i)(II), by striking ‘‘is necessary’’
and inserting ‘‘is a release, disclosure, or use of technical data
pertaining to an interface between an item or process and other
items or processes necessary’’;
(4) in subparagraph (E)—
(A) by striking ‘‘In the case’’ and inserting ‘‘Except as
provided in subparagraphs (F) and (G), in the case’’; and
(B) by striking ‘‘negotiations). The United States shall
have’’ and all that follows through ‘‘such negotiated rights
shall’’ and inserting the following: ‘‘negotiations) and shall
be based on negotiations between the United States and the
contractor, except in any case in which the Secretary of De-
fense determines, on the basis of criteria established in the
regulations, that negotiations would not be practicable. The
establishment of such rights shall’’; and
(5) by inserting after subparagraph (E) the following new
subparagraphs (F) and (G):
‘‘(F) INTERFACES DEVELOPED WITH MIXED FUNDING.—Not-
withstanding subparagraph (E), the United States shall have
government purpose rights in technical data pertaining to an
interface between an item or process and other items or proc-
esses that was developed in part with Federal funds and in part
at private expense, except in any case in which the Secretary of
Defense determines, on the basis of criteria established in the
regulations, that negotiation of different rights in such technical
data would be in the best interest of the United States.
‘‘(G) MAJOR SYSTEM INTERFACES DEVELOPED EXCLUSIVELY
AT PRIVATE EXPENSE OR WITH MIXED FUNDING.—Notwith-
standing subparagraphs (B) and (E), the United States shall
have government purpose rights in technical data pertaining to
a major system interface developed exclusively at private ex-
pense or in part with Federal funds and in part at private ex-
pense and used in a modular open system approach pursuant
to section 2446a of this title, except in any case in which the
Secretary of Defense determines that negotiation of different
rights in such technical data would be in the best interest of the
United States. Such major system interface shall be identified
in the contract solicitation and the contract. For technical data
pertaining to a major system interface developed exclusively at
private expense for which the United States asserts government
purpose rights, the Secretary of Defense shall negotiate with the
contractor the appropriate and reasonable compensation for
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such technical data.’’.

(c) AMENDMENT RELATING TO DEFERRED ORDERING.—Sub-
section (b)(9) of section 2320 of such title is amended—

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(1) by striking ‘‘at any time’’ and inserting ‘‘, until the date
occurring six years after acceptance of the last item (other than
technical data) under a contract or the date of contract termi-
nation, whichever is later,’’;
(2) by striking ‘‘or utilized in the performance of a contract’’
and inserting ‘‘in the performance of the contract’’; and
(3) by striking clause (ii) of subparagraph (B) and inserting
the following:
‘‘(ii) is described in subparagraphs (D)(i)(II), (F),
and (G) of subsection (a)(2); and’’.
(d) DEFINITIONS.—Section 2320 of such title is further amend-
ed—
(1) in subsection (f), by inserting ‘‘COVERED GOVERNMENT
SUPPORT CONTRACTOR DEFINED.—’’ before ‘‘In this section’’; and
(2) by adding at the end the following new subsection:
‘‘(g) ADDITIONAL DEFINITIONS.—In this section, the terms ‘major
system component’, ‘major system interface’, and ‘modular open sys-
tem approach’ have the meanings provided in section 2446a of this
title.’’.
(e) AMENDMENTS TO ADD CERTAIN HEADINGS FOR READ-
ABILITY.—Section 2320(a) of such title is further amended—
(1) in subparagraph (A) of paragraph (2), by inserting after
‘‘(A)’’ the following: ‘‘DEVELOPMENT EXCLUSIVELY WITH FEDERAL
FUNDS.—’’;
(2) in subparagraph (B) of such paragraph, by inserting
after ‘‘(B)’’ the following: ‘‘DEVELOPMENT EXCLUSIVELY AT PRI-
VATE EXPENSE.—’’;
(3) in subparagraph (C) of such paragraph, by inserting
after ‘‘(C)’’ the following: ‘‘EXCEPTION TO SUBPARAGRAPH (B).—
’’;
(4) in subparagraph (D) of such paragraph, by inserting
after ‘‘(D)’’ the following: ‘‘EXCEPTION TO SUBPARAGRAPH (B).—
’’; and
(5) in subparagraph (E) of such paragraph, by inserting
after ‘‘(E)’’ the following: ‘‘DEVELOPMENT WITH MIXED FUND-
ING.—’’.
(f) GOVERNMENT-INDUSTRY ADVISORY PANEL AMENDMENTS.—
Section 813(b) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 892) is amended—
(1) by adding at the end of paragraph (1) the following:
‘‘The panel shall develop recommendations for changes to sec-
tions 2320 and 2321 of title 10, United States Code, and the
regulations implementing such sections.’’;
(2) in paragraph (3)—
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) Ensuring that the Department of Defense and De-
partment of Defense contractors have the technical data
rights necessary to support the modular open system ap-
proach requirement set forth in section 2446a of title 10,
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United States Code, taking into consideration the distinct

characteristics of major system platforms, major system
interfaces, and major system components developed exclu-

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sively with Federal funds, exclusively at private expense,

and with a combination of Federal funds and private ex-
pense.’’; and
(3) by amending paragraph (4) to read as follows:
‘‘(4) FINAL REPORT.—Not later than February 1, 2017, the
advisory panel shall submit its final report and recommenda-
tions to the Secretary of Defense and the congressional defense
committees. Not later than 60 days after receiving the report,
the Secretary shall submit any comments or recommendations
to the congressional defense committees.’’.
Subtitle C—Amendments to General Contracting Authorities,
Procedures, and Limitations
SEC. 811. MODIFIED RESTRICTIONS ON UNDEFINITIZED CONTRAC-
TUAL ACTIONS.
Section 2326 of title 10, United States Code, is amended—
(1) in subsection (e)—
(A) by redesignating paragraphs (1) and (2) as sub-
paragraphs (A) and (B);
(B) by inserting ‘‘(1)’’ before ‘‘The head’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) If a contractor submits a qualifying proposal to definitize
an undefinitized contractual action and the contracting officer for
such action definitizes the contract after the end of the 180-day pe-
riod beginning on the date on which the contractor submitted the
qualifying proposal, the head of the agency concerned shall ensure
that the profit allowed on the contract accurately reflects the cost
risk of the contractor as such risk existed on the date the contractor
submitted the qualifying proposal.’’;
(2) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(3) by inserting after subsection (e) the following new sub-
sections:
‘‘(f) TIME LIMIT.—No undefinitized contractual action may ex-
tend beyond 90 days without a written determination by the Sec-
retary of the military department concerned, the head of the Defense
Agency concerned, the commander of the combatant command con-
cerned, or the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics (as applicable) that it is in the best interests
of the military department, the Defense Agency, the combatant com-
mand, or the Department of Defense, respectively, to continue the ac-
tion.
‘‘(g) FOREIGN MILITARY CONTRACTS.—(1) Except as provided in
paragraph (2), a contracting officer of the Department of Defense
may not enter into an undefinitized contractual action for a foreign
military sale unless the contractual action provides for agreement
upon contractual terms, specifications, and price by the end of the
180-day period described in subsection (b)(1)(A).
‘‘(2) The requirement under paragraph (1) may be waived in ac-
cordance with subsection (b)(4).’’; and
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(4) in subsection (i), as redesignated by paragraph (2)—

(A) in paragraph (1)—
(i) by striking subparagraph (A); and

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(ii) by redesignating subparagraphs (B), (C), and

(D) as subparagraphs (A), (B), and (C), respectively;
and
(B) in paragraph (2), by striking ‘‘complete and mean-
ingful audits’’ and all that follows through the period and
inserting ‘‘a meaningful audit of the information contained
in the proposal.’’.
SEC. 812. AMENDMENTS RELATING TO INVENTORY AND TRACKING OF
PURCHASES OF SERVICES.
(a) INCREASED THRESHOLD.—Subsection (a) of section 2330a of
title 10, United States Code, is amended by striking ‘‘in excess of the
simplified acquisition threshold’’ and inserting ‘‘in excess of
$3,000,000’’.
(b) SPECIFICATION OF SERVICES.—Subsection (a) of such section
is further amended by striking the period at the end and inserting
the following: ‘‘, for services in the following service acquisition port-
folio groups:
‘‘(1) Logistics management services.
‘‘(2) Equipment related services.
‘‘(3) Knowledge-based services.
‘‘(4) Electronics and communications services.’’.
(c) INVENTORY SUMMARY.—Subsection (c) of such section is
amended—
(1) by striking ‘‘(c) INVENTORY.—’’ and inserting ‘‘(c) INVEN-
TORY SUMMARY.—’’; and
(2) in paragraph (1), by striking ‘‘submit to Congress an
annual inventory’’ and all that follows through ‘‘for or on be-
half’’ and inserting ‘‘prepare an annual inventory, and submit
to Congress a summary of the inventory, of activities performed
during the preceding fiscal year pursuant to staff augmentation
contracts on behalf’’.
(d) ELIMINATION OF CERTAIN REQUIREMENTS.—Such section is
further amended—
(1) by striking subsections (d), (g), and (h); and
(2) by redesignating subsections (e), (f), (i), and (j) as sub-
sections (d), (e), (g), and (h), respectively.
(e) SPECIFICATION OF SERVICES TO BE REVIEWED.—Subsection
(d), as so redesignated, of such section, is amended in paragraph (1)
by inserting after ‘‘responsible’’ the following: ‘‘, with particular
focus and attention on the following categories of high-risk product
service codes (also referred to as Federal supply codes):
‘‘(A) Special studies or analysis that is not research
and development.
‘‘(B) Information technology and telecommunications.
‘‘(C) Support, including professional, administrative,
and management.’’.
(f) COMPTROLLER GENERAL REPORT.—Such section is further
amended by inserting after subsection (e), as so redesignated, the
following new subsection (f):
‘‘(f) COMPTROLLER GENERAL REPORT.—Not later than March
31, 2018, the Comptroller General of the United States shall submit
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to the congressional defense committees a report on the status of the

data collection required in subsection (a) and an assessment of the
efforts by the Department of Defense to implement subsection (e).’’.

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(g) DEFINITIONS.—Subsection (h), as so redesignated, of such

section is amended by adding at the end the following new para-
graphs:
‘‘(6) The term ‘service acquisition portfolio groups’ means
the groups identified in Department of Defense Instruction
5000.74, Defense Acquisition of Services (January 5, 2016) or
successor guidance.
‘‘(7) The term ‘staff augmentation contracts’ means services
contracts for personnel who are physically present in a Govern-
ment work space on a full-time or permanent part-time basis,
for the purpose of advising on, providing support to, or assist-
ing a Government agency in the performance of the agency’s
missions, including authorized personal services contracts (as
that term is defined in section 2330a(g)(5) of this title).’’.
SEC. 813. USE OF LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE
SELECTION PROCESS.
(a) STATEMENT OF POLICY.—It shall be the policy of the Depart-
ment of Defense to avoid using lowest price technically acceptable
source selection criteria in circumstances that would deny the De-
partment the benefits of cost and technical tradeoffs in the source
selection process.
(b) REVISION OF DEFENSE FEDERAL ACQUISITION REGULATION
SUPPLEMENT.—Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall revise the Defense
Federal Acquisition Regulation Supplement to require that, for so-
licitations issued on or after the date that is 120 days after the date
of the enactment of this Act, lowest price technically acceptable
source selection criteria are used only in situations in which—
(1) the Department of Defense is able to comprehensively
and clearly describe the minimum requirements expressed in
terms of performance objectives, measures, and standards that
will be used to determine acceptability of offers;
(2) the Department of Defense would realize no, or mini-
mal, value from a contract proposal exceeding the minimum
technical or performance requirements set forth in the request
for proposal;
(3) the proposed technical approaches will require no, or
minimal, subjective judgment by the source selection authority
as to the desirability of one offeror’s proposal versus a com-
peting proposal;
(4) the source selection authority has a high degree of con-
fidence that a review of technical proposals of offerors other
than the lowest bidder would not result in the identification of
factors that could provide value or benefit to the Department;
(5) the contracting officer has included a justification for
the use of a lowest price technically acceptable evaluation meth-
odology in the contract file; and
(6) the Department of Defense has determined that the low-
est price reflects full life-cycle costs, including for operations
and support.
(c) AVOIDANCE OF USE OF LOWEST PRICE TECHNICALLY ACCEPT-
ABLE SOURCE SELECTION CRITERIA IN CERTAIN PROCUREMENTS.—
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To the maximum extent practicable, the use of lowest price tech-

nically acceptable source selection criteria shall be avoided in the
case of a procurement that is predominately for the acquisition of—

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(1) information technology services, cybersecurity services,

systems engineering and technical assistance services, advanced
electronic testing, audit or audit readiness services, or other
knowledge-based professional services;
(2) personal protective equipment; or
(3) knowledge-based training or logistics services in contin-
gency operations or other operations outside the United States,
including in Afghanistan or Iraq.
(d) REPORTING.—Not later than December 1, 2017, and annu-
ally thereafter for three years, the Comptroller General of the United
States shall submit to the congressional defense committees a report
on the number of instances in which lowest price technically accept-
able source selection criteria is used for a contract exceeding
$10,000,000, including an explanation of how the situations listed
in subsection (b) were considered in making a determination to use
lowest price technically acceptable source selection criteria.
SEC. 814. PROCUREMENT OF PERSONAL PROTECTIVE EQUIPMENT.
(a) LIMITATION.—Not later than 90 days after the date of the
enactment of this Act, the Defense Federal Acquisition Regulation
Supplement shall be revised—
(1) to prohibit the use by the Department of Defense of re-
verse auctions or lowest price technically acceptable contracting
methods for the procurement of personal protective equipment if
the level of quality or failure of the item could result in combat
casualties; and
(2) to establish a preference for the use of best value con-
tracting methods for the procurement of such equipment.
(b) CONFORMING AMENDMENT.—Section 884 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 948; 10 U.S.C. 2302 note) is hereby repealed.
SEC. 815. AMENDMENTS RELATED TO DETECTION AND AVOIDANCE OF
COUNTERFEIT ELECTRONIC PARTS.
Section 818 of the National Defense Authorization Act for Fiscal
Year 2012 (Public Law 112–81; 10 U.S.C. 2302 note) is amended—
(1) in paragraph (3) of subsection (c)—
(A) by striking the heading and inserting ‘‘SUPPLIERS
MEETING ANTICOUNTERFEITING REQUIREMENTS.—’’;
(B) in subparagraph (A)(i), by striking ‘‘trusted sup-
pliers in accordance with regulations issued pursuant to
subparagraph (C) or (D) who’’ and inserting ‘‘suppliers that
meet anticounterfeiting requirements in accordance with
regulations issued pursuant to subparagraph (C) or (D)
and that’’;
(C) in subparagraphs (A)(ii) and (A)(iii), by striking
‘‘trusted suppliers’’ each place it appears and inserting
‘‘suppliers that meet anticounterfeiting requirements’’;
(D) in subparagraph (C), by striking ‘‘as trusted sup-
pliers those’’ and inserting ‘‘suppliers’’;
(E) in subparagraph (D) in the matter preceding clause
(i), by striking ‘‘trusted suppliers’’ and inserting ‘‘suppliers
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that meet anticounterfeiting requirements’’; and

(F) in subparagraphs (D)(i) and (D)(iii), by striking
‘‘trusted’’ each place it appears; and

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(2) in subsection (e)(2)(A)(v), by striking ‘‘use of trusted sup-

pliers’’ and inserting ‘‘the use of suppliers that meet applicable
anticounterfeiting requirements’’.
SEC. 816. AMENDMENTS TO SPECIAL EMERGENCY PROCUREMENT AU-
THORITY.
Section 1903(a) of title 41, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding after paragraph (2) the following new para-
graphs:
‘‘(3) in support of a request from the Secretary of State or
the Administrator of the United States Agency for International
Development to facilitate the provision of international disaster
assistance pursuant to chapter 9 of part I of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2292 et seq.); or
‘‘(4) in support of an emergency or major disaster (as those
terms are defined in section 102 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5122)).’’.
SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR
FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE
ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE
ARMED FORCES.
Section 418 of title 37, United States Code, is amended by add-
ing 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 allow-
ance to the members for the purchase of such footwear.
‘‘(2) In procuring athletic footwear to comply with paragraph
(1), the Secretary of Defense shall—
‘‘(A) procure athletic footwear that complies with the re-
quirements of section 2533a of title 10, without regard to the
applicability of any simplified acquisition threshold under
chapter 137 of title 10 (or any other provision of law); and
‘‘(B) procure additional athletic footwear, for two years fol-
lowing the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 2017, that is necessary to pro-
vide a member described in paragraph (1) with sufficient
choices in athletic shoes so as to minimize the incidence of ath-
letic injuries and potential unnecessary harm and risk to the
safety and well-being of members in initial entry training.
‘‘(3) This subsection does not prohibit the provision of a cash al-
lowance 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.’’.
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SEC. 818. EXTENSION OF AUTHORITY FOR ENHANCED TRANSFER OF
TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE
LABORATORIES.
Section 801(e) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804; 10 U.S.C.
2514 note) is amended by striking ‘‘2017’’ and inserting ‘‘2021’’.
SEC. 819. MODIFIED NOTIFICATION REQUIREMENT FOR EXERCISE OF
WAIVER AUTHORITY TO ACQUIRE VITAL NATIONAL SECU-
RITY CAPABILITIES.
Subsection (d) of section 806 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302
note) is amended to read as follows:
‘‘(d) NOTIFICATION REQUIREMENT.—Not later than 10 days after
exercising the waiver authority under subsection (a), the Secretary
of Defense shall provide a written notification to Congress providing
the details of the waiver and the expected benefits it provides to the
Department of Defense.’’.
SEC. 820. DEFENSE COST ACCOUNTING STANDARDS.
(a) AMENDMENTS TO THE COST ACCOUNTING STANDARDS
BOARD.—
(1) IN GENERAL.—Section 1501 of title 41, United States
Code, is amended—
(A) in subsection (b)(1)(B)(ii), by inserting ‘‘and, if pos-
sible, is a representative of a public accounting firm’’ after
‘‘systems’’;
(B) by redesignating subsections (c) through (f) as sub-
sections (f) through (i), respectively;
(C) by inserting after subsection (b) the following new
subsections:
‘‘(c) DUTIES.—The Board shall—
‘‘(1) ensure that the cost accounting standards used by Fed-
eral contractors rely, to the maximum extent practicable, on
commercial standards and accounting practices and systems;
‘‘(2) within one year after the date of enactment of this sub-
section, and on an ongoing basis thereafter, review any cost ac-
counting standards established under section 1502 of this title
and conform such standards, where practicable, to Generally
Accepted Accounting Principles; and
‘‘(3) annually review disputes involving such standards
brought to the boards established in section 7105 of this title or
Federal courts, and consider whether greater clarity in such
standards could avoid such disputes.
‘‘(d) MEETINGS.—The Board shall meet not less than once each
quarter and shall publish in the Federal Register notice of each
meeting and its agenda before such meeting is held.
‘‘(e) REPORT.—The Board shall annually submit a report to the
congressional defense committees, the Committee on Oversight and
Government Reform of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs of the Sen-
ate describing the actions taken during the prior year—
‘‘(1) to conform the cost accounting standards established
under section 1502 of this title with Generally Accepted Ac-
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counting Principles; and

‘‘(2) to minimize the burden on contractors while protecting
the interests of the Federal Government.’’; and

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(D) by amending subsection (f) (as so redesignated) to

read as follows:
‘‘(f) SENIOR STAFF.—The Administrator, after consultation with
the Board—
‘‘(1) without regard to the provisions of title 5 governing ap-
pointments in the competitive service—
‘‘(A) shall appoint an executive secretary; and
‘‘(B) may appoint, or detail pursuant to section 3341 of
title 5, two additional staff members; and
‘‘(2) may pay those employees without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of title 5
relating to classification and General Schedule pay rates, except
that those employees may not receive pay in excess of the max-
imum rate of basic pay payable for level IV of the Executive
Schedule.’’.
(2) VALUE OF CONTRACTS ELIGIBLE FOR WAIVER.—Section
1502(b)(3)(A) of title 41, United States Code, is amended by
striking ‘‘$15,000,000’’ and inserting ‘‘$100,000,000’’.
(3) CONFORMING AMENDMENTS.—Section 1501(i) of title 41,
United States Code (as redesignated by paragraph (1)), is
amended—
(A) in paragraph (1), by striking ‘‘subsection (e)(1)’’ and
inserting ‘‘subsection (h)(1)’’; and
(B) in paragraph (3), by striking ‘‘subsection (e)(2)’’ and
inserting ‘‘subsection (h)(2)’’.
(b) DEFENSE COST ACCOUNTING STANDARDS BOARD.—
(1) IN GENERAL.—Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 190. Defense Cost Accounting Standards Board
‘‘(a) ORGANIZATION.—The Defense Cost Accounting Standards
Board is an independent board in the Office of the Secretary of De-
fense.
‘‘(b) MEMBERSHIP.—(1) The Board consists of seven members.
One member is the Chief Financial Officer of the Department of De-
fense or a designee of the Chief Financial Officer, who serves as
Chairman. The other six members, all of whom shall have experi-
ence in contract pricing, finance, or cost accounting, are as follows:
‘‘(A) Three representatives of the Department of Defense ap-
pointed by the Secretary of Defense; and
‘‘(B) Three individuals from the private sector, each of
whom is appointed by the Secretary of Defense, and—
‘‘(i) one of whom is a representative of a nontraditional
defense contractor (as defined in section 2302(9) of this
title); and
‘‘(ii) one of whom is a representative from a public ac-
counting firm.
‘‘(2) A member appointed under paragraph (1)(A) may not con-
tinue to serve after ceasing to be an officer or employee of the De-
partment of Defense.
‘‘(c) DUTIES OF THE CHAIRMAN.—The Chief Financial Officer of
the Department of Defense, after consultation with the Defense Cost
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Accounting Standards Board, shall prescribe rules and procedures

governing actions of the Board under this section.
‘‘(d) DUTIES.—The Defense Cost Accounting Standards Board—

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‘‘(1) shall review cost accounting standards established

under section 1502 of title 41 and recommend changes to such
cost accounting standards to the Cost Accounting Standards
Board established under section 1501 of such title;
‘‘(2) has exclusive authority, with respect to the Department
of Defense, to implement such cost accounting standards to
achieve uniformity and consistency in the standards governing
measurement, assignment, and allocation of costs to contracts
with the Department of Defense; and
‘‘(3) shall develop standards to ensure that commercial op-
erations performed by Government employees at the Department
of Defense adhere to cost accounting standards (based on cost
accounting standards established under section 1502 of title 41
or Generally Accepted Accounting Principles) that inform man-
agerial decisionmaking.
‘‘(e) COMPENSATION.—(1) Members of the Defense Cost Account-
ing Standards Board who are officers or employees of the Depart-
ment of Defense shall not receive additional compensation for serv-
ices but shall continue to be compensated by the Department of De-
fense.
‘‘(2) Each member of the Board appointed from the private sec-
tor shall receive compensation at a rate not to exceed the daily
equivalent of the rate for level IV of the Executive Schedule for each
day (including travel time) in which the member is engaged in the
actual performance of duties vested in the Board.
‘‘(3) While serving away from home or regular place of business,
Board members and other individuals serving on an intermittent
basis shall be allowed travel expenses in accordance with section
5703 of title 5.
‘‘(f) AUDITING REQUIREMENTS.—(1) Notwithstanding any other
provision of law, contractors with the Department of Defense may
present, and the Defense Contract Audit Agency shall accept without
performing additional audits, a summary of audit findings pre-
pared by a commercial auditor if—
‘‘(A) the auditor previously performed an audit of the allow-
ability, measurement, assignment to accounting periods, and al-
location of indirect costs of the contractor; and
‘‘(B) such audit was performed using relevant commercial
accounting standards (such as Generally Accepted Accounting
Principles) and relevant commercial auditing standards estab-
lished by the commercial auditing industry for the relevant ac-
counting period.
‘‘(2) The Defense Contract Audit Agency may audit direct costs
of Department of Defense cost contracts and shall rely on commer-
cial audits of indirect costs without performing additional audits,
except that in the case of companies or business units that have a
predominance of cost-type contracts as a percentage of sales, the De-
fense Contract Audit Agency may audit both direct and indirect
costs.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 7 of such title is amended by adding after
the item relating to section 189 the following new item:
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‘‘190. Defense Cost Accounting Standards Board.’’.

(c) REPORT.—Not later than December 31, 2019, the Comp-
troller General of the United States shall submit to the congres-

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 279

sional defense committees a report on the adequacy of the method

used by the Cost Accounting Standards Board established under
section 1501 of title 41, United States Code, to apply cost accounting
standards to indirect and fixed price incentive contracts.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2018.
SEC. 821. INCREASED MICRO-PURCHASE THRESHOLD APPLICABLE TO
DEPARTMENT OF DEFENSE PROCUREMENTS.
(a) INCREASED MICRO-PURCHASE THRESHOLD.—Chapter 137 of
title 10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 2338. Micro-purchase threshold
‘‘Notwithstanding subsection (a) of section 1902 of title 41, the
micro-purchase threshold for the Department of Defense for pur-
poses of such section is $5,000.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2338. Micro-purchase threshold.’’.
SEC. 822. ENHANCED COMPETITION REQUIREMENTS.
Section 2306a of title 10, United States Code, is amended—
(1) in subsection (a)(1)(A), by inserting ‘‘that is only ex-
pected to receive one bid’’ after ‘‘entered into using procedures
other than sealed-bid procedures’’; and
(2) in subsection (b)—
(A) in paragraph (1)(A)(i), by striking ‘‘price competi-
tion’’ and inserting ‘‘competition that results in at least two
or more responsive and viable competing bids’’; and
(B) by adding at the end the following new paragraph:
‘‘(6) DETERMINATION BY PRIME CONTRACTOR.—A prime con-
tractor required to submit certified cost or pricing data under
subsection (a) with respect to a prime contract shall be respon-
sible for determining whether a subcontract under such contract
qualifies for an exception under paragraph (1)(A) from such re-
quirement.’’.
SEC. 823. REVISION TO EFFECTIVE DATE OF SENIOR EXECUTIVE
BENCHMARK COMPENSATION FOR ALLOWABLE COST LIM-
ITATIONS.
(a) REPEAL OF RETROACTIVE APPLICABILITY.—Section 803(c) of
the National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112–81; 125 Stat. 1485; 10 U.S.C. 2324 note) is amended by
striking ‘‘amendments made by’’ and all that follows and inserting
‘‘amendments made by this section shall apply with respect to costs
of compensation incurred after January 1, 2012, under contracts en-
tered into on or after December 31, 2011.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall take effect as of December 31, 2011, and shall apply as if in-
cluded in the National Defense Authorization Act for Fiscal Year
2012 as enacted.
SEC. 824. TREATMENT OF INDEPENDENT RESEARCH AND DEVELOP-
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MENT COSTS ON CERTAIN CONTRACTS.

(a) INDEPENDENT RESEARCH AND DEVELOPMENT COSTS: ALLOW-
ABLE COSTS.—

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(1) IN GENERAL.—Section 2372 of title 10, United States

Code, is amended to read as follows:
‘‘§ 2372. Independent research and development costs: allow-
able costs
‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe
regulations governing the payment by the Department of Defense of
expenses incurred by contractors for independent research and de-
velopment costs. Such regulations shall provide that expenses in-
curred for independent research and development shall be reported
independently from other allowable indirect costs.
‘‘(b) COSTS TREATED AS FAIR AND REASONABLE, AND ALLOW-
ABLE, EXPENSES.—The regulations prescribed under subsection (a)
shall provide that independent research and development costs shall
be considered a fair and reasonable, and allowable, indirect expense
on Department of Defense contracts.
‘‘(c) ADDITIONAL CONTROLS.—Subject to subsection (d), the regu-
lations prescribed under subsection (a) may include the following
provisions:
‘‘(1) Controls on the reimbursement of costs to the con-
tractor for expenses incurred for independent research and de-
velopment to ensure that such costs were incurred for inde-
pendent research and development.
‘‘(2) Implementation of regular methods for transmission—
‘‘(A) from the Department of Defense to contractors, in
a reasonable manner, of timely and comprehensive infor-
mation regarding planned or expected needs of the Depart-
ment of Defense for future technology and advanced capa-
bility; and
‘‘(B) from contractors to the Department of Defense, in
a reasonable manner, of information regarding progress by
the contractor on the independent research and develop-
ment programs of the contractor.
‘‘(d) LIMITATIONS ON REGULATIONS.—Regulations prescribed
under subsection (a) may not include provisions that would infringe
on the independence of a contractor to choose which technologies to
pursue in its independent research and development program if the
chief executive officer of the contractor determines that expenditures
will advance the needs of the Department of Defense for future tech-
nology and advanced capability as transmitted pursuant to sub-
section (c)(3)(A).
‘‘(e) EFFECTIVE DATE.—The regulations prescribed under sub-
section (a) shall apply to indirect costs incurred on or after October
1, 2017.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 139 is amended by striking the item relating
to section 2372 and inserting the following new item:
‘‘2372. Independent research and development costs: allowable costs’’.
(b) BID AND PROPOSAL COSTS: ALLOWABLE COSTS.—
(1) IN GENERAL.—Chapter 139 of title 10, United States
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Code, is amended by inserting after section 2372 the following

new section:

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‘‘§ 2372a. Bid and proposal costs: allowable costs

‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe
regulations governing the payment by the Department of Defense of
expenses incurred by contractors for bid and proposal costs. Such
regulations shall provide that expenses incurred for bid and pro-
posal costs shall be reported independently from other allowable in-
direct costs.
‘‘(b) COSTS ALLOWABLE AS INDIRECT EXPENSES.—The regula-
tions prescribed under subsection (a) shall provide that bid and pro-
posal costs shall be allowable as indirect expenses on covered con-
tracts, as defined in section 2324(l) of this title, to the extent that
those costs are allocable, reasonable, and not otherwise unallowable
by law or under the Federal Acquisition Regulation.
‘‘(c) GOAL FOR REIMBURSABLE BID AND PROPOSAL COSTS.—The
Secretary shall establish a goal each fiscal year limiting the amount
of reimbursable bid and proposal costs paid by the Department of
Defense to an amount equal to not more than one percent of the
total aggregate industry sales to the Department of Defense. To
achieve such goal, the Secretary may not limit the payment of allow-
able bid and proposal costs for the covered year.
‘‘(d) PANEL.—(1) If the Department of Defense exceeds the goal
established under subsection (c) for a fiscal year, within 180 days
after exceeding the goal, the Secretary shall establish an advisory
panel. The panel shall be supported by the Defense Acquisition Uni-
versity and the National Defense University, including administra-
tive support.
‘‘(2) The panel shall be composed of nine individuals who are
recognized experts in acquisition and procurement policy appointed
by the Secretary. In making such appointments, the Secretary shall
ensure that the members of the panel reflect diverse experiences in
the public and private sector.
‘‘(3) The panel shall review laws, regulations, and practices that
contribute to the expenses incurred by contractors for bids and pro-
posals in the fiscal year concerned and recommend changes to such
laws, regulations, and practices that may reduce expenses incurred
by contractors for bids and proposals.
‘‘(4)(A) Not later than six months after the establishment of the
panel, the panel shall submit to the Secretary and the congressional
defense committees an interim report on the findings of the panel.
‘‘(B) Not later than one year after the establishment of the
panel, the panel shall submit to the Secretary and the congres-
sional defense committees a final report on the findings of the
panel.
‘‘(5) The panel shall terminate on the day the panel submits the
final report under paragraph (4)(B).
‘‘(6) The Secretary of Defense may use amounts available in the
Department of Defense Acquisition Workforce Development Fund es-
tablished under section 1705 of this title to support the activities of
the panel established under this subsection.
‘‘(e) EFFECTIVE DATE.—The regulations prescribed under sub-
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section (a) shall apply to indirect costs incurred on or after October

1, 2017.’’.

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(2) CLERICAL AMENDMENT.—The table of sections at the be-

ginning of chapter 139 of such title is amended by inserting the
following new item:
‘‘2372a. Bid and proposal costs: allowable costs’’.
(c) REPORT ON ELEMENTS CONTRIBUTING TO EXPENSES IN-
CURRED BY CONTRACTORS FOR BIDS AND PROPOSALS.—
(1) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into a contract with an independent entity to study the laws,
regulations, and practices relating to expenses incurred by con-
tractors for bids and proposals.
(2) REPORT.—Not later than 180 days after receipt of the
contract required by paragraph (1), the independent entity shall
submit to the Department of Defense and the congressional de-
fense committees a report on the laws, regulations, or practices
relating to expenses incurred by contractors for bids and rec-
ommendations for changes to such laws, regulations, or prac-
tices that may reduce expenses incurred by contractors for bids
and proposals.
(d) DEFENSE CONTRACT AUDIT AGENCY: ANNUAL REPORT.—
(1) IN GENERAL.—Subsection (a) of section 2313a of title 10,
United States Code, is amended—
(A) by redesignating paragraphs (4) and (5) as para-
graphs (6) and (7), respectively; and
(B) by inserting after paragraph (3) the following new
paragraphs:
‘‘(3) a summary, set forth separately by dollar amount and
percentage, of indirect costs for independent research and devel-
opment incurred by contractors in the previous fiscal year;
‘‘(4) a summary, set forth separately by dollar amount and
percentage, of indirect costs for bid and proposal costs incurred
by contractors in the previous fiscal year;’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2018.
SEC. 825. EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE
TO THE GOVERNMENT AS A FACTOR IN THE EVALUATION
OF PROPOSALS FOR CERTAIN MULTIPLE-AWARD TASK OR
DELIVERY ORDER CONTRACTS.
(a) EXCEPTION TO REQUIREMENT TO INCLUDE COST OR PRICE AS
FACTOR.—Section 2305(a)(3) of title 10, United States Code, is
amended—
(1) in subparagraph (A)—
(A) in clause (i), by inserting ‘‘(except as provided in
subparagraph (C))’’ after ‘‘shall’’; and
(B) in clause (ii), by inserting ‘‘(except as provided in
subparagraph (C))’’ after ‘‘shall’’; and
(2) by adding at the end the following new subparagraphs:
‘‘(C) If the head of an agency issues a solicitation for mul-
tiple task or delivery order contracts under section
2304a(d)(1)(B) of this title for the same or similar services and
intends to make a contract award to each qualifying offeror—
‘‘(i) cost or price to the Federal Government need not,
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at the Government’s discretion, be considered under clause

(ii) of subparagraph (A) as an evaluation factor for the con-
tract award; and

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‘‘(ii) if, pursuant to clause (i), cost or price to the Fed-

eral Government is not considered as an evaluation factor
for the contract award—
‘‘(I) the disclosure requirement of clause (iii) of
subparagraph (A) shall not apply; and
‘‘(II) cost or price to the Federal Government shall
be considered in conjunction with the issuance pursu-
ant to section 2304c(b) of this title of a task or delivery
order under any contract resulting from the solicita-
tion.
‘‘(D) In subparagraph (C), the term ‘qualifying offeror’
means an offeror that—
‘‘(i) is determined to be a responsible source;
‘‘(ii) submits a proposal that conforms to the require-
ments of the solicitation; and
‘‘(iii) the contracting officer has no reason to believe
would likely offer other than fair and reasonable pricing.
‘‘(E) Subparagraph (C) shall not apply to multiple task or
delivery order contracts if the solicitation provides for sole
source task or delivery order contracts pursuant to section 8(a)
of the Small Business Act (15 U.S.C. 637(a)).’’.
(b) AMENDMENT TO PROCEDURES RELATING TO ORDERS UNDER
MULTIPLE-AWARD CONTRACTS.—Section 2304c(b) of title 10, United
States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(5) the task or delivery order satisfies one of the exceptions
in section 2304(c) of this title to the requirement to use competi-
tive procedures.’’.
SEC. 826. EXTENSION OF PROGRAM FOR COMPREHENSIVE SMALL
BUSINESS CONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by
striking ‘‘December 31, 2017’’ and inserting ‘‘December 31, 2027’’.
SEC. 827. TREATMENT OF SIDE-BY-SIDE TESTING OF CERTAIN EQUIP-
MENT, MUNITIONS, AND TECHNOLOGIES MANUFACTURED
AND DEVELOPED UNDER COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENTS AS USE OF COMPETITIVE
PROCEDURES.
Section 2350a(g) of title 10, United States Code, is amended by
inserting after paragraph (2) the following new paragraph:
‘‘(3) The use of side-by-side testing under this subsection may be
considered to be the use of competitive procedures for purposes of
chapter 137 of this title, when procuring items within 5 years after
an initial determination that the items have been successfully tested
and found to satisfy United States military requirements or to cor-
rect operational deficiencies.’’.
SEC. 828. DEFENSE ACQUISITION CHALLENGE PROGRAM AMEND-
MENTS.
(a) EXPANSION OF SCOPE TO INCLUDE SYSTEMS-OF-SYSTEMS
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AND FUNCTIONS.—Paragraph (2) of subsection (a) of section 2359b

of title 10, United States Code, is amended by striking ‘‘or system’’
and all that follows through the end of the paragraph and inserting

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the following: ‘‘system, or system-of-systems level of an existing De-

partment of Defense acquisition program, or to address any broader
functional challenge to Department of Defense missions that may
not fall within an acquisition program, that would result in im-
provements in performance, affordability, manufacturability, or
operational capability of that acquisition program or function.’’.
(b) TREATMENT OF CHALLENGE PROPOSAL PROCEDURES AS USE
OF COMPETITIVE PROCEDURES.—Such section is further amended—
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following new sub-
section:
‘‘(j) TREATMENT OF USE OF CERTAIN PROCEDURES AS USE OF
COMPETITIVE PROCEDURES.—The use of general solicitation com-
petitive procedures established under subsection (c) shall be consid-
ered to be the use of competitive procedures for purposes of chapter
137 of this title.’’.
(c) EXTENSION OF SUNSET FOR PILOT PROGRAM FOR PROGRAMS
OTHER THAN MAJOR DEFENSE ACQUISITION PROGRAMS.—Such sec-
tion is further amended in paragraph (5) of subsection (l), as redes-
ignated by subsection (b)(1) of this subsection, by striking ‘‘2016’’
and inserting ‘‘2021’’.
(d) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (c)(3), by inserting ‘‘or functions’’ after ‘‘ac-
quisition programs’’;
(2) in subsection (c)(4)(A)—
(A) by striking ‘‘and’’ at the end of clause (i);
(B) by striking the period at the end of clause (ii) and
inserting ‘‘; and’’; and
(C) by adding at the end the following new clause:
‘‘(iii) any functional challenges of importance to Depart-
ment of Defense missions.’’;
(3) in subsection (c)(5), by adding at the end the following
new subparagraph:
‘‘(D) Whether the challenge proposal is likely to result
in improvements to any functional challenges of importance
to Department of Defense missions, and whether the pro-
posal could be implemented rapidly, at an acceptable cost,
and without unacceptable disruption to such missions.’’;
and
(4) in subsection (c)(5)(B) and in subsection (e)(1), by strik-
ing ‘‘or system’’ and inserting ‘‘system, or system-of-systems’’.
SEC. 829. PREFERENCE FOR FIXED-PRICE CONTRACTS.
(a) ESTABLISHMENT OF PREFERENCE.—Not later than 180 days
after the date of the enactment of this Act, the Defense Federal Ac-
quisition Regulation Supplement shall be revised to establish a pref-
erence for fixed-price contracts, including fixed-price incentive fee
contracts, in the determination of contract type.
(b) APPROVAL REQUIREMENT FOR CERTAIN COST-TYPE CON-
TRACTS.—
(1) IN GENERAL.—A contracting officer of the Department of
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Defense may not enter into a cost-type contract described in

paragraph (2) unless the contract is approved by the service ac-
quisition executive of the military department concerned, the

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head of the Defense Agency concerned, the commander of the

combatant command concerned, or the Under Secretary of De-
fense for Acquisition, Technology, and Logistics (as applicable).
(2) COVERED CONTRACTS.—A contract described in this
paragraph is—
(A) a cost-type contract in excess of $50,000,000, in the
case of a contract entered into on or after October 1, 2018,
and before October 1, 2019; and
(B) a cost-type contract in excess of $25,000,000, in the
case of a contract entered into on or after October 1, 2019.
SEC. 830. REQUIREMENT TO USE FIRM FIXED-PRICE CONTRACTS FOR
FOREIGN MILITARY SALES.
(a) REQUIREMENT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall prescribe
regulations to require the use of firm fixed-price contracts for foreign
military sales.
(b) EXCEPTIONS.—The regulations prescribed pursuant to sub-
section (a) shall include exceptions that may be exercised if the for-
eign country that is the counterparty to a foreign military sale—
(1) has established in writing a preference for a different
contract type; or
(2) requests in writing that a different contract type be used
for a specific foreign military sale.
(c) WAIVER AUTHORITY.—The regulations prescribed pursuant
to subsection (a) shall include a waiver that may be exercised by the
Secretary of Defense or his designee if the Secretary or his designee
determines on a case-by-case basis that a different contract type is
in the best interest of the United States and American taxpayers.
(d) PILOT PROGRAM FOR ACCELERATION OF FOREIGN MILITARY
SALES.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a pilot program to reform and accelerate the contracting and
pricing processes associated with full rate production of major
weapon systems for no more than 10 foreign military sales con-
tracts by—
(A) basing price reasonableness determinations on ac-
tual cost and pricing data for purchases of the same prod-
uct for the Department of Defense; and
(B) reducing the cost and pricing data to be submitted
in accordance with section 2306a of title 10, United States
Code.
(2) EXPIRATION OF AUTHORITY.—Authority for the pilot pro-
gram under this subsection expires on January 1, 2020.
SEC. 831. PREFERENCE FOR PERFORMANCE-BASED CONTRACT PAY-
MENTS.
(a) IN GENERAL.—Section 2307(b) of title 10, United States
Code, is amended—
(1) in the subsection heading, by inserting ‘‘PREFERENCE
FOR’’ before ‘‘PERFORMANCE-BASED’’;
(2) by redesignating paragraphs (1), (2), and (3) as sub-
paragraphs (A), (B), and (C), respectively;
(3) by striking ‘‘Wherever practicable, payment under sub-
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section (a) shall be made’’ and inserting ‘‘(1) Whenever prac-

ticable, payments under subsection (a) shall be made using per-
formance-based payments’’; and

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(4) by adding at the end the following new paragraphs:

‘‘(2) Performance-based payments shall not be conditioned upon
costs incurred in contract performance but on the achievement of
performance outcomes listed in paragraph (1).
‘‘(3) The Secretary of Defense shall ensure that nontraditional
defense contractors and other private sector companies are eligible
for performance-based payments, consistent with best commercial
practices.
‘‘(4)(A) In order to receive performance-based payments, a con-
tractor’s accounting system shall be in compliance with Generally
Accepted Accounting Principles, and there shall be no requirement
for a contractor to develop Government-unique accounting systems
or practices as a prerequisite for agreeing to receive performance-
based payments.
‘‘(B) Nothing in this section shall be construed to grant the De-
fense Contract Audit Agency the authority to audit compliance with
Generally Accepted Accounting Principles.’’.
(b) REGULATIONS.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the De-
partment of Defense Federal Acquisition Regulation Supplement to
conform with section 2307(b) of title 10, United States Code, as
amended by subsection (a).
SEC. 832. CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS AND IM-
PROVE MISSION PERFORMANCE.
Not later than 180 days after the date of the enactment of this
Act, the Defense Acquisition University shall develop and implement
a training program for Department of Defense acquisition personnel
on fixed-priced incentive fee contracts, public-private partnerships,
performance-based contracting, and other authorities in law and
regulation designed to give incentives to contractors to achieve long-
term savings and improve administrative practices and mission per-
formance.
SEC. 833. SUNSET AND REPEAL OF CERTAIN CONTRACTING PROVI-
SIONS.
(a) SUNSETS.—
(1) PLANTATIONS AND FARMS: OPERATION, MAINTENANCE,
AND IMPROVEMENT.—Section 2421 of title 10, United States
Code, is amended by adding at the end the following new sub-
section:
‘‘(e) SUNSET.—The authority under this section shall terminate
on September 30, 2018.’’.
(2) REQUIREMENT TO ESTABLISH COST, PERFORMANCE, AND
SCHEDULE GOALS FOR MAJOR DEFENSE ACQUISITION PROGRAMS
AND EACH PHASE OF RELATED ACQUISITION CYCLES.—Section
2220 of title 10, United States Code, is amended by adding at
the end the following new subsection:
‘‘(c) SUNSET.—The authority under this section shall terminate
on September 30, 2018.’’.
(b) REPEALS.—
(1) LIMITATION ON USE OF OPERATION AND MAINTENANCE
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FUNDS FOR PURCHASE OF INVESTMENT ITEMS.—

(A) IN GENERAL.—Section 2245a of title 10, United
States Code, is repealed.

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(B) CLERICAL AMENDMENT.—The table of sections at

the beginning of subchapter I of chapter 134 of such title
is amended by striking the item relating to section 2245a.
(C) CONFORMING AMENDMENT.—Section 166a(e)(1)(A)
of such title is amended by striking ‘‘the investment unit
cost threshold in effect under section 2245a of this title’’
and inserting ‘‘$250,000’’.
(2) INFORMATION TECHNOLOGY PURCHASES: TRACKING AND
MANAGEMENT.—
(A) IN GENERAL.—Section 2225 of title 10, United
States Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 131 of such title is amended by
striking the item relating to section 2225.
(C) CONFORMING AMENDMENTS.—
(i) Section 812 of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (Public
Law 106–393; 114 Stat. 1654A–213; 10 U.S.C. 2225
note) is amended by striking subsections (b) and (c).
(ii) Section 2330a(j) of title 10, United States Code,
is amended—
(I) by striking paragraph (2);
(II) by redesignating paragraphs (3), (4), and
(5) as paragraphs (2), (3), and (4), respectively;
and
(III) by adding at the end the following new
paragraphs:
‘‘(5) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘sim-
plified acquisition threshold’ has the meaning given the term in
section 134 of title 41.
‘‘(6) SMALL BUSINESS ACT DEFINITIONS.—
‘‘(A) The term ‘small business concern’ has the meaning
given such term under section 3 of the Small Business Act
(15 U.S.C. 632).
‘‘(B) The terms ‘small business concern owned and con-
trolled by socially and economically disadvantaged individ-
uals’ and ‘small business concern owned and controlled by
women’ have the meanings given such terms, respectively,
in section 8(d)(3) of the Small Business Act (15 U.S.C.
637(d)(3)).’’.
(iii) Section 222(d) of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112–81;
10 U.S.C. 2358 note) is amended by striking ‘‘as de-
fined in section 2225(f)(3)’’ and inserting ‘‘as defined in
section 2330a(j)’’.
(3) PROCUREMENT OF COPIER PAPER CONTAINING SPECIFIED
PERCENTAGES OF POST-CONSUMER RECYCLED CONTENT.—
(A) IN GENERAL.—Section 2378 of title 10, United
States Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 140 of such title is amended by
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striking the item relating to section 2378.

(4) LIMITATION ON PROCUREMENT OF TABLE AND KITCHEN
EQUIPMENT FOR OFFICERS’ QUARTERS.—

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(A) IN GENERAL.—Section 2387 of title 10, United

States Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 141 of such title is amended by
striking the item relating to section 2387.
(5) IMPLEMENTATION OF ELECTRONIC COMMERCE CAPA-
BILITY.—
(A) REPEAL.—
(i) Section 2302c of title 10, United States Code, is
repealed.
(ii) Section 2301 of title 41, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) INAPPLICABILITY TO DEPARTMENT OF DEFENSE.—In this sec-
tion, the term ‘executive agency’ does not include the Department of
Defense.’’.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 137 of such title is amended by
striking the item relating to section 2302c.
SEC. 834. FLEXIBILITY IN CONTRACTING AWARD PROGRAM.
(a) ESTABLISHMENT OF AWARD PROGRAM.—The Secretary of De-
fense shall create an award to recognize those acquisition programs
and professionals that make the best use of the flexibilities and au-
thorities granted by the Federal Acquisition Regulation and Depart-
ment of Defense Instruction 5000.02 (Operation of the Defense Ac-
quisition System).
(b) PURPOSE OF AWARD.—The award established under sub-
section (a) shall recognize outstanding performers whose approach
to program management emphasizes innovation and local adapta-
tion, including the use of—
(1) simplified acquisition procedures;
(2) inherent flexibilities within the Federal Acquisition Reg-
ulation;
(3) commercial contracting approaches;
(4) public-private partnership agreements and practices;
(5) cost-sharing arrangements;
(6) innovative contractor incentive practices; and
(7) other innovative implementations of acquisition flexibili-
ties.
SEC. 835. PROTECTION OF TASK ORDER COMPETITION.
(a) AMENDMENT TO VALUE OF AUTHORIZED TASK ORDER PRO-
TESTS.—Section 2304c(e)(1)(B) of title 10, United States Code, is
amended by striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.
(b) REPEAL OF EFFECTIVE DATE.—Section 4106(f) of title 41,
United States Code, is amended by striking paragraph (3).
SEC. 836. CONTRACT CLOSEOUT AUTHORITY.
(a) AUTHORITY.—The Secretary of Defense may close out a con-
tract or group of contracts as described in subsection (b) through the
issuance of one or more modifications to such contracts without
completing a reconciliation audit or other corrective action. To ac-
complish closeout of such contracts—
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(1) remaining contract balances may be offset with balances

in other contract line items within a contract regardless of the
year or type of appropriation obligated to fund each contract

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 289

line item and regardless of whether the appropriation for such

contract line item has closed; and
(2) remaining contract balances may be offset with balances
on other contracts regardless of the year or type of appropria-
tion obligated to fund each contract and regardless of whether
the appropriation has closed.
(b) COVERED CONTRACTS.—This section covers any contract or
group of contracts between the Department of Defense and a defense
contractor, each one of which—
(1) was entered into prior to fiscal year 2000;
(2) has no further supplies or services deliverables due
under the terms and conditions of the contract; and
(3) is determined by the Secretary of Defense to be not oth-
erwise reconcilable because—
(A) the records have been destroyed or lost; or
(B) the records are available but the Secretary of De-
fense has determined that the time or effort required to de-
termine the exact amount owed to the United States Gov-
ernment or amount owed to the contractor is dispropor-
tionate to the amount at issue.
(c) NEGOTIATED SETTLEMENT AUTHORITY.—Any contract or
group of contracts covered by this section may be closed out through
a negotiated settlement with the contractor.
(d) WAIVER AUTHORITY.—
(1) IN GENERAL.—The Secretary of Defense is authorized to
waive any provision of acquisition law or regulation to carry
out the authority under subsection (a).
(2) NOTIFICATION REQUIREMENT.—The Secretary of Defense
shall notify the congressional defense committees not later than
10 days after exercising the authority under subsection (d). The
notice shall include an identification of each provision of law
or regulation waived.
(e) ADJUSTMENT AND CLOSURE OF RECORDS.—After closeout of
any contract described in subsection (b) using the authority under
this section, the payment or accounting offices concerned may adjust
and close any open finance and accounting records relating to the
contract.
(f) NO LIABILITY.—No liability shall attach to any accounting,
certifying, or payment official, or any contracting officer, for any ad-
justments or closeout made pursuant to the authority under this sec-
tion.
(g) REGULATIONS.—The Secretary of Defense shall prescribe reg-
ulations for the administration of the authority under this section.
SEC. 837. CLOSEOUT OF OLD DEPARTMENT OF THE NAVY CONTRACTS.
(a) AUTHORITY.—The Secretary of the Navy may close out con-
tracts described in subsection (b) through the issuance of one or
more modifications to such contracts without completing further rec-
onciliation audits or corrective actions other than those described in
this section. To accomplish closeout of such contracts—
(1) remaining contract balances may be offset with balances
in other contract line items within a contract regardless of the
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year or type of appropriation obligated to fund each contract

line item and regardless of whether the appropriation for such
contract line item has closed; and

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 290

(2) remaining contract balances may be offset with balances

on other contracts regardless of the year or type of appropria-
tion obligated to fund each contract and regardless of whether
the appropriation has closed.
(b) CONTRACTS COVERED.—The contracts covered by this section
are a group of contracts that are with one contractor and identified
by the Secretary, each one of which is a contract—
(1) to design, construct, repair, or support the construction
or repair of Navy submarines that—
(A) was entered into between fiscal years 1974 and
1998; and
(B) has no further supply or services deliverables due
under the terms and conditions of the contract;
(2) with respect to which the Secretary of the Navy has es-
tablished the total final contract value; and
(3) with respect to which the Secretary of the Navy has de-
termined that the final allowable cost may have a negative or
positive unliquidated obligation balance for which it would be
difficult to determine the year or type of appropriation be-
cause—
(A) the records for the contract have been destroyed or
lost; or
(B) the records for the contract are available but the
contracting officer, in collaboration with the certifying offi-
cial, has determined that a discrepancy is of such a mini-
mal value that the time and effort required to determine
the cause of an out-of-balance condition is disproportionate
to the amount of the discrepancy.
(c) CLOSEOUT TERMS.—The contracts described in subsection (b)
may be closed out—
(1) upon receipt of $581,803 from the contractor to be de-
posited into the Treasury as miscellaneous receipts;
(2) without seeking further amounts from the contractor;
and
(3) without payment to the contractor of any amounts that
may be due under any such contracts.
(d) WAIVER AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Navy is authorized
to waive any provision of acquisition law or regulation to carry
out the authority under subsection (a).
(2) NOTIFICATION REQUIREMENT.—The Secretary of the
Navy shall notify the congressional defense committees not later
than 10 days after exercising the authority under paragraph
(1). The notice shall include an identification of each provision
of law or regulation waived.
(e) ADJUSTMENT AND CLOSURE OF RECORDS.—After closeout of
any contract described in subsection (b) using the authority under
this section, the payment or accounting offices concerned may adjust
and close any open finance and accounting records relating to the
contract.
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(f) NO LIABILITY.—No liability shall attach to any accounting,

certifying, or payment official or contracting officer for any adjust-
ments or closeout made pursuant to the authority under this section.

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(g) EXPIRATION OF AUTHORITY.—The authority under this sec-

tion shall expire upon receipt of the funds identified in subsection
(c)(1).
Subtitle D—Provisions Relating to Major Defense Acquisition
Programs
SEC. 841. CHANGE IN DATE OF SUBMISSION TO CONGRESS OF SE-
LECTED ACQUISITION REPORTS.
Section 2432(f) of title 10, United States Code, is amended by
striking ‘‘45’’ the first place it occurs and inserting ‘‘30’’.
SEC. 842. AMENDMENTS RELATING TO INDEPENDENT COST ESTI-
MATION AND COST ANALYSIS.
(a) AMENDMENTS.—Section 2334 of title 10, United States Code,
is amended—
(1) in subsection (a)(3), by striking ‘‘selection of confidence
levels’’ both places it appears and inserting ‘‘discussion of risk’’;
(2) in subsection (a)(6)—
(A) by inserting ‘‘or approve’’ after ‘‘conduct’’;
(B) by striking ‘‘major defense acquisition programs’’
and all that follows through ‘‘Authority—’’ and inserting
‘‘all major defense acquisition programs and major subpro-
grams—’’; and
(C) in subparagraph (B), by striking ‘‘or upon the re-
quest’’ and all that follows through the semicolon at the
end and inserting ‘‘, upon the request of the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics,
or upon the request of the milestone decision authority’’;
(3) by redesignating subsections (b), (c), (d), (e), and (f) as
subsections (c), (d), (e), (f), and (h), respectively;
(4) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) INDEPENDENT COST ESTIMATE REQUIRED BEFORE AP-
PROVAL.—(1) A milestone decision authority may not approve enter-
ing a milestone phase of a major defense acquisition program or
major subprogram unless an independent cost estimate has been
conducted or approved by the Director of Cost Assessment and Pro-
gram Evaluation and considered by the milestone decision authority
that—
‘‘(A) for the technology maturation and risk reduction
phase, includes the identification and sensitivity analysis of key
cost drivers that may affect life-cycle costs of the program or
subprogram; and
‘‘(B) for the engineering and manufacturing development
phase, or production and deployment phase, includes a cost es-
timate of the full life-cycle cost of the program or subprogram.
‘‘(2) The regulations governing the content and submission of
independent cost estimates required by subsection (a) shall require
that the independent cost estimate of the full life-cycle cost of a pro-
gram or subprogram include—
‘‘(A) all costs of development, procurement, military con-
struction, operations and support, and trained manpower to op-
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erate, maintain, and support the program or subprogram upon

full operational deployment, without regard to funding source
or management control; and

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 292

‘‘(B) an analysis to support decisionmaking that identifies

and evaluates alternative courses of action that may reduce cost
and risk, and result in more affordable programs and less cost-
ly systems.’’;
(5) in subsection (d), as so redesignated, in paragraph (3),
by striking ‘‘confidence level’’ and inserting ‘‘discussion of risk’’;
(6) in subsection (e), as so redesignated—
(A) by amending the subsection heading to read as fol-
lows: ‘‘DISCUSSION OF RISK IN COST ESTIMATES.—’’;
(B) by amending paragraph (1) to read as follows:
‘‘(1) issue guidance requiring a discussion of risk, the po-
tential impacts of risk on program costs, and approaches to
mitigate risk in cost estimates for major defense acquisition pro-
grams and major subprograms;’’;
(C) in paragraph (2)—
(i) by striking ‘‘such confidence level provides’’ and
inserting ‘‘cost estimates are developed, to the extent
practicable, based on historical actual cost information
that is based on demonstrated contractor and Govern-
ment performance and that such estimates provide’’;
and
(ii) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’; and
(D) in paragraph (3), by striking ‘‘disclosure required
by paragraph (1)’’ and inserting ‘‘information required in
the guidance under paragraph (1)’’; and
(7) by inserting after subsection (f), as so redesignated, the
following new subsection:
‘‘(g) GUIDELINES AND COLLECTION OF COST DATA.—(1) The Di-
rector of Cost Assessment and Program Evaluation shall, in con-
sultation with the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, develop policies, procedures, guidance, and a
collection method to ensure that quality acquisition cost data are
collected to facilitate cost estimation and comparison across acquisi-
tion programs.
‘‘(2) The program manager and contracting officer for each ac-
quisition program in an amount greater than $100,000,000, in con-
sultation with the cost estimating component of the relevant mili-
tary department or Defense Agency, shall ensure that cost data are
collected in accordance with the requirements of paragraph (1).
‘‘(3) The requirement under paragraph (1) may be waived only
by the Director of Cost Assessment and Program Evaluation.’’.
(b) CONFORMING AMENDMENTS TO ADD SUBPROGRAMS.—Sec-
tion 2334 of such title is further amended—
(1) in subsection (a)(2), by inserting ‘‘or major subprogram’’
before ‘‘under chapter 144’’;
(2) in paragraphs (3), (4), and (5) of subsection (a) and in
subsection (c)(1) (as redesignated by subsection (a) of this sec-
tion), by striking ‘‘major defense acquisition programs and
major automated information system programs’’ and inserting
‘‘major defense acquisition programs and major subprograms’’
each place it appears;
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(3) in paragraphs (1) and (2) of subsection (d) (as so redes-

ignated), and in subsection (f)(4) (as so redesignated), by strik-
ing ‘‘major defense acquisition program or major automated in-

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formation system program’’ and inserting ‘‘major defense acqui-

sition program or major subprogram’’ each place it appears;
(4) in subsection (d)(4) (as so redesignated), by inserting be-
fore the period ‘‘or major subprogram’’;
(5) in subsection (e)(3)(B) (as so redesignated), by inserting
‘‘or major subprogram’’ after ‘‘major defense acquisition pro-
gram’’; and
(6) in subsection (f)(3) (as so redesignated), by striking
‘‘major defense acquisition program and major automated infor-
mation system program’’ and inserting ‘‘major defense acquisi-
tion program and major subprogram’’.
(c) REPEAL.—Chapter 144 of such title is amended—
(1) by striking section 2434; and
(2) in the table of sections at the beginning of such chapter,
by striking the item relating to such section.
SEC. 843. REVISIONS TO MILESTONE B DETERMINATIONS.
Section 2366b(a)(3) of title 10, United States Code, is amend-
ed—
(1) in subparagraph (B), by striking ‘‘acquisition cost in’’
and all that follows through the semicolon, and inserting ‘‘life-
cycle cost;’’; and
(2) in subparagraph (D), by striking ‘‘funding is’’ and all
that follows through ‘‘made,’’ and inserting ‘‘funding is expected
to be available to execute the product development and produc-
tion plan for the program,’’.
SEC. 844. REVIEW AND REPORT ON SUSTAINMENT PLANNING IN THE
ACQUISITION PROCESS.
(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall
conduct a review of the extent to which sustainment matters are
considered in decisions related to the requirements, research and de-
velopment, acquisition, cost estimating, and programming and
budgeting processes for major defense acquisition programs. The re-
view shall include the following:
(1) A determination of whether information related to the
operation and sustainment of major defense acquisition pro-
grams, including cost data and intellectual property require-
ments, is available to inform decisions made during those proc-
esses.
(2) If such information exists, an evaluation of the com-
pleteness, timeliness, quality, and suitability of the information
for aiding in decisions made during those processes.
(3) A determination of whether information related to the
operation and sustainment of existing major weapon systems is
used to forecast the operation and sustainment needs of major
weapon systems proposed for or under development.
(4) A description of the potential benefits from improved
completeness, timeliness, quality, and suitability of data on op-
eration and support costs and increased consideration of such
data.
(5) Recommendations for improving access to, analyses of,
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and consideration of operation and support cost data.

(6) An assessment of product support strategies for major
weapon systems required by section 2337 of title 10, United

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States Code, or other similar life-cycle sustainment strategies,

including an evaluation of—
(A) the stage at which such strategies are developed
during the life of a major weapon system;
(B) the content and completeness of such strategies, in-
cluding whether such strategies address—
(i) all aspects of total life-cycle management of a
major weapon system, including product support, logis-
tics, product support engineering, supply chain integra-
tion, maintenance, and software sustainment; and
(ii) the capabilities, capacity, and resource con-
straints of the organic industrial base and the materiel
commands of the military department concerned;
(C) the extent to which such strategies or their elements
are or should be incorporated into the acquisition strategy
required by section 2431a of title 10, United States Code;
(D) the extent to which such strategies influence the
planning for major defense acquisition programs; and
(E) the extent to which such strategies influence deci-
sions related to the life-cycle management and product sup-
port of major weapon systems.
(7) An assessment of how effectively the military depart-
ments consider sustainment matters at key decision points for
acquisition and life-cycle management in accordance with the
requirements of sections 2431a, 2366a, 2366b, and 2337 of title
10, United States Code, and section 832 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10
U.S.C. 2430 note).
(8) Recommendations for improving the consideration of
sustainment during the requirements, acquisition, cost esti-
mating, programming and budgeting processes.
(9) An assessment of whether research and development ef-
forts and adoption of commercial technologies is prioritized to
reduce sustainment costs.
(10) An assessment of whether alternate financing methods,
including share-in-savings approaches, public-private partner-
ships, and energy savings performance contracts, could be used
to encourage the development and adoption of technologies and
practices that will reduce sustainment costs.
(11) An assessment of private sector best practices in assess-
ing and reducing sustainment costs for complex systems.
(b) AGREEMENT WITH INDEPENDENT ENTITY.—Not later than 60
days after the date of the enactment of this Act, the Secretary shall
enter into an agreement with an independent entity with appro-
priate expertise to conduct the review required by subsection (a). The
Secretary shall ensure that the independent entity has access to all
data, information, and personnel required, and is funded, to satis-
factorily complete the review required by subsection (a). The agree-
ment also shall require the entity to provide to the Secretary a re-
port on the findings of the entity.
(c) BRIEFING.—Not later than April 1, 2017, the Secretary shall
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provide a briefing to the Committees on Armed Services of the Sen-

ate and House of Representatives on the preliminary findings of the
independent entity.

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(d) SUBMISSION TO CONGRESS.—Not later than August 1, 2017,

the Secretary shall submit to the congressional defense committees
a copy of the report of the independent entity, along with comments
on the report, proposed revisions or clarifications to laws related to
lifecycle management or sustainment planning for major weapon
systems, and a description of any actions the Secretary may take to
revise or clarify regulations and practices related to life-cycle man-
agement or sustainment planning for major weapon systems.
SEC. 845. REVISION TO DISTRIBUTION OF ANNUAL REPORT ON OPER-
ATIONAL TEST AND EVALUATION.
Section 139(h) of title 10, United States Code, is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘the Secretaries of the military depart-
ments,’’ after ‘‘Logistics,’’; and
(B) by striking ‘‘10 days’’ and all that follows through
‘‘title 31’’ and inserting ‘‘January 31 of each year, through
January 31, 2021’’; and
(2) in paragraph (5), by inserting after ‘‘Secretary’’ the fol-
lowing: ‘‘of Defense and the Secretaries of the military depart-
ments’’.
SEC. 846. REPEAL OF MAJOR AUTOMATED INFORMATION SYSTEMS
PROVISIONS.
Effective September 30, 2017—
(1) chapter 144A of title 10, United States Code, is re-
pealed;
(2) the tables of chapters at the beginning of subtitle A of
such title, and at the beginning of part IV of subtitle A, are
amended by striking the item relating to chapter 144A; and
(3) section 2334(a)(2) of title 10, United States Code, is
amended by striking ‘‘or a major automated information system
under chapter 144A of this title’’.
SEC. 847. REVISIONS TO DEFINITION OF MAJOR DEFENSE ACQUISI-
TION PROGRAM.
(a) IN GENERAL.—Section 2430 of title 10, United States Code,
is amended in subsection (a)—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by striking ‘‘In this chapter’’ and inserting ‘‘(1) Except
as provided under paragraph (2), in this chapter’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) In this chapter, the term ‘major defense acquisition pro-
gram’ does not include an acquisition program or project that is
carried out using the rapid fielding or rapid prototyping acquisition
pathway under section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302
note).’’.
(b) ANNUAL REPORTING.—The Secretary of Defense shall in-
clude in each comprehensive annual Selected Acquisition Report
submitted under section 2432 of title 10, United States Code, a list-
ing of all programs or projects being developed or procured under
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the exceptions to the definition of major defense acquisition program

set forth in paragraph (2) of section 2430(a) of United States Code,
as added by subsection (a)(1)(C) of this section.

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SEC. 848. ACQUISITION STRATEGY.
Section 2431a of title 10, United States Code, is amended—
(1) in subsection (b), by inserting ‘‘, or the milestone deci-
sion authority, when the milestone decision authority is the
service acquisition executive of the military department that is
managing the program,’’ after ‘‘the Under Secretary of Defense
for Acquisition, Technology, and Logistics’’;
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘, or the milestone
decision authority, when the milestone decision authority is
the service acquisition executive of the military department
that is managing the program,’’ after ‘‘the Under Sec-
retary’’; and
(B) in paragraph (2)(C), by striking ‘‘, in accordance
with section 2431b of this title’’; and
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘(1) Subject to the au-
thority, direction, and control of the Under Secretary of De-
fense for Acquisition, Technology, and Logistics, the’’ and
inserting ‘‘The’’; and
(B) in paragraph (2), by inserting ‘‘because of a change
described in paragraph (1)(F)’’ after ‘‘for a program or sys-
tem’’.
SEC. 849. IMPROVED LIFE-CYCLE COST CONTROL.
(a) MODIFIED GUIDANCE FOR RAPID FIELDING PATHWAY.—Sec-
tion 804(c)(3) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended—
(1) in subparagraph (C), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(E) a process for identifying and exploiting opportuni-
ties to use the rapid fielding pathway to reduce total owner-
ship costs.’’.
(b) LIFE-CYCLE COST MANAGEMENT.—Section 805(2) of such Act
(Public Law 114–92; 10 U.S.C. 2302 note) is amended by inserting
‘‘life-cycle cost management,’’ after ‘‘budgeting,’’.
(c) SUSTAINMENT REVIEWS.—
(1) IN GENERAL.—Chapter 144 of title 10, United States
Code, is amended by adding at the end the following new sec-
tion:
‘‘§ 2441. Sustainment reviews
‘‘(a) IN GENERAL.—The Secretary of each military department
shall conduct a sustainment review of each major weapon system
not later than five years after declaration of initial operational ca-
pability of a major defense acquisition program and throughout the
life cycle of the weapon system to assess the product support strat-
egy, performance, and operation and support costs of the weapon
system. For any review after the first one, the Secretary concerned
shall use availability and reliability thresholds and cost estimates
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as the basis for the circumstances that prompt such a review. The
results of the sustainment review shall be documented in a memo-
randum by the relevant decision authority.

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‘‘(b) ELEMENTS.—At a minimum, the review required under

subsection (a) shall include the following elements:
‘‘(1) An independent cost estimate for the remainder of the
life cycle of the program.
‘‘(2) A comparison of actual costs to the amount of funds
budgeted and appropriated in the previous five years, and if
funding shortfalls exist, an explanation of the implications on
equipment availability.
‘‘(3) A comparison between the assumed and achieved sys-
tem reliabilities.
‘‘(4) An analysis of the most cost-effective source of repairs
and maintenance.
‘‘(5) An evaluation of the cost of consumables and depot-
level repairables.
‘‘(6) An evaluation of the costs of information technology,
networks, computer hardware, and software maintenance and
upgrades.
‘‘(7) As applicable, an assessment of the actual fuel effi-
ciencies compared to the projected fuel efficiencies as dem-
onstrated in tests or operations.
‘‘(8) As applicable, a comparison of actual manpower re-
quirements to previous estimates.
‘‘(9) An analysis of whether accurate and complete data are
being reported in the cost systems of the military department
concerned, and if deficiencies exist, a plan to update the data
and ensure accurate and complete data are submitted in the fu-
ture.
‘‘(c) COORDINATION.—The review required under subsection (a)
shall be conducted in coordination with the requirements of section
2337 of this title and section 832 of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2430
note).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter is amended by adding at the end the
following new item:
‘‘2441. Sustainment reviews.’’.
(d) COMMERCIAL OPERATIONAL AND SUPPORT SAVINGS INITIA-
TIVE.—
(1) IN GENERAL.—The Secretary of Defense may establish a
commercial operational and support savings initiative to im-
prove readiness and reduce operations and support costs by in-
serting existing commercial items or technology into military
legacy systems through the rapid development of prototypes and
fielding of production items based on current commercial tech-
nology.
(2) PROGRAM PRIORITY.—The commercial operational and
support savings initiative shall fund programs that—
(A) reduce the costs of owning and operating a military
system, including the costs of personnel, consumables,
goods and services, and sustaining the support and invest-
ment associated with the peacetime operation of a weapon
system;
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(B) take advantage of the commercial sector’s techno-

logical innovations by inserting commercial technology into
fielded weapon systems; and

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 298

(C) emphasize prototyping and experimentation with

new technologies and concepts of operations.
(3) FUNDING PHASES.—
(A) IN GENERAL.—Projects funded under the commer-
cial operational and support savings initiative shall consist
of two phases, Phase I and Phase II.
(B) PHASE I.—(i) Funds made available during Phase
I shall be used to perform the non-recurring engineering,
testing, and qualification that are typically needed to adapt
a commercial item or technology for use in a military sys-
tem.
(ii) Phase I shall include—
(I) establishment of cost and performance metrics
to evaluate project success;
(II) establishment of a transition plan and agree-
ment with a military department or Defense Agency for
adoption and sustainment of the technology or system;
and
(III) the development, fabrication, and delivery of
a demonstrated prototype to a military department for
installation into a fielded Department of Defense sys-
tem.
(iii) Programs shall be terminated if no agreement is
established within two years of project initiation.
(iv) The Office of the Secretary of Defense may provide
up to 50 percent of Phase I funding for a project. The mili-
tary department or Defense Agency concerned may provide
the remainder of Phase I funding, which may be provided
out of operation and maintenance funding.
(v) Phase I funding shall not exceed three years.
(vi) Phase I projects shall be selected based on a merit-
based process using criteria to be established by the Sec-
retary of Defense.
(C) PHASE II.—(i) Phase II shall include the purchase
of limited production quantities of the prototype kits and
transition to a program of record for continued
sustainment.
(ii) Phase II awards may be made without competition
if general solicitation competitive procedures were used for
the selection of parties for participation in a Phase I
project.
(iii) Phase II awards may be made as firm fixed-price
awards.
(4) TREATMENT AS COMPETITIVE PROCEDURES.—The use of
a merit-based process for selection of projects under the com-
mercial operational and support savings initiative shall be con-
sidered to be the use of competitive procedures for purposes of
chapter 137 of title 10, United States Code.
SEC. 850. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF
ITEMS DELIVERED UNDER MAJOR DEFENSE ACQUISITION
PROGRAMS AS MAJOR SUBPROGRAMS FOR PURPOSES OF
ACQUISITION REPORTING.
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Section 2430a(1)(B) of title 10, United States Code, is amended

by striking ‘‘major defense acquisition program to purchase sat-
ellites requires the delivery of satellites in two or more increments

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 299

or blocks’’ and inserting ‘‘major defense acquisition program re-

quires the delivery of two or more increments or blocks’’.
SEC. 851. REPORTING OF SMALL BUSINESS PARTICIPATION ON DE-
PARTMENT OF DEFENSE PROGRAMS.
(a) REPORT REQUIREMENT.—Not later than March 31 of each
year, the Secretary of Defense shall submit to the congressional de-
fense committees a report covering the following matters for the pre-
ceding fiscal year:
(1) For each prime contract goal established by section
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)),
the total value and percentage of prime contracts awarded by
the Department of Defense and attributed to each prime con-
tract goal for prime contracts awarded for major defense acqui-
sition programs.
(2) For each subcontract goal established by section
15(g)(1)(A) of the Small Business Act (15 U.S.C. 644(g)(1)(A)),
the total value and percentage of first tier subcontract awards
attributed to each subcontract goal for subcontracts awarded in
support of prime contracts awarded by the Department of De-
fense for major defense acquisition programs.
(3) For the prime contract and subcontract goals negotiated
with the Department of Defense pursuant to section 15(g)(2) of
the Small Business Act (15 U.S.C. 644(g)(2))—
(A) the information reported by the Department of De-
fense to the Small Business Administration pursuant to
section 15(h)(1) of the Small Business Act (15 U.S.C.
644(h)(1)); and
(B) the information required by subparagraph (A) cal-
culated after excluding—
(i) contracts awarded pursuant to chapter 85 of
title 41, United States Code (popularly referred to as
the Javits-Wagner-O’Day Act);
(ii) contracts awarded to the American Institute in
Taiwan;
(iii) contracts awarded and performed outside of
the United States;
(iv) acquisition on behalf of foreign governments,
entities, or international organizations; and
(v) contracts for major defense acquisition pro-
grams.
(b) SUNSET.—The requirement to submit a report under sub-
section (a) shall not apply after the Secretary submits the report cov-
ering fiscal year 2020.
SEC. 852. WAIVER OF CONGRESSIONAL NOTIFICATION FOR ACQUISI-
TION OF TACTICAL MISSILES AND MUNITIONS GREATER
THAN QUANTITY SPECIFIED IN LAW.
Section 2308(c) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The head’’;
(2) by inserting ‘‘, except as provided in paragraph (2),’’
after ‘‘but’’; and
(3) by adding at the end the following new paragraph:
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‘‘(2) A notification is not required under paragraph (1) if the

end item being acquired in a higher quantity is an end item under
a tactical missile program or a munitions program.’’.

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 300
SEC. 853. MULTIPLE PROGRAM MULTIYEAR CONTRACT PILOT DEM-
ONSTRATION PROGRAM.
(a) AUTHORITY.—The Secretary of Defense may conduct a
multiyear contract, over a period of up to four years, for the pur-
chase of units for multiple defense programs that are produced at
common facilities at a high rate, and which maximize commonality,
efficiencies, and quality, in order to provide maximum benefit to the
Department of Defense. Contracts awarded under this section
should allow for significant savings, as determined consistent with
the authority under section 2306b of title 10, United States Code,
to be achieved as compared to using separate annual contracts
under individual programs to purchase such units, and may in-
clude flexible delivery across the overall period of performance.
(b) SCOPE.—The contracts authorized in subsection (a) shall at
a minimum provide for the acquisition of units from three discrete
programs from two of the military departments.
(c) DOCUMENTATION.—Each contract awarded under subsection
(a) shall include the documentation required to be provided for a
multiyear contract proposal under section 2306b(i) of title 10.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘high rate’’ means total annual production
across the multiple defense programs of more than 200 end-
items per year.
(2) The term ‘‘common facilities’’ means production facili-
ties operating within the same general and allowable rate struc-
ture.
(e) SUNSET.—No new contracts may be awarded under the au-
thority of this section after September 30, 2021.
SEC. 854. KEY PERFORMANCE PARAMETER REDUCTION PILOT PRO-
GRAM.
(a) IN GENERAL.—The Secretary of Defense may carry out a
pilot program under which the Secretary may identify at least one
acquisition program in each military department for reduction of
the total number of key performance parameters established for the
program, for purposes of determining whether operational and pro-
grammatic outcomes of the program are improved by such reduc-
tion.
(b) LIMITATION ON KEY PERFORMANCE PARAMETERS.—Any ac-
quisition program identified for the pilot program carried out under
subsection (a) shall establish no more than three key performance
parameters, each of which shall describe a program-specific per-
formance attribute. Any key performance parameters for such a pro-
gram that are required by statute shall be treated as key system at-
tributes.
SEC. 855. MISSION INTEGRATION MANAGEMENT.
(a) IN GENERAL.—The Secretary of Defense shall establish mis-
sion integration management activities for each mission area speci-
fied in subsection (b).
(b) COVERED MISSION AREAS.—The mission areas specified in
this subsection are mission areas that involve multiple Armed
Forces and multiple programs and, at a minimum, include the fol-
lowing:
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(1) Close air support.

(2) Air defense and offensive and defensive counter-air.
(3) Interdiction.

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(4) Intelligence, surveillance, and reconnaissance.

(5) Any other overlapping mission area of significance, as
jointly designated by the Deputy Secretary of Defense and the
Vice Chairman of the Joint Chiefs of Staff for purposes of this
subsection.
(c) QUALIFICATIONS.—Mission integration management activi-
ties shall be performed by qualified personnel from the acquisition
and operational communities.
(d) RESPONSIBILITIES.—The mission integration management
activities for a mission area under this section shall include—
(1) development of technical infrastructure for engineering,
analysis, and test, including data, modeling, analytic tools, and
simulations;
(2) the conduct of tests, demonstrations, exercises, and fo-
cused experiments for compelling challenges and opportunities;
(3) overseeing the implementation of section 2446c of title
10, United States Code;
(4) sponsoring and overseeing research on and development
of (including tests and demonstrations) automated tools for
composing systems of systems on demand;
(5) developing mission-based inputs for the requirements
process, assessment of concepts, prototypes, design options,
budgeting and resource allocation, and program and portfolio
management; and
(6) coordinating with commanders of the combatant com-
mands on the development of concepts of operation and oper-
ational plans.
(e) SCOPE.—The mission integration management activities for
a mission area under this subsection shall extend to the supporting
elements for the mission area, such as communications, command
and control, electronic warfare, and intelligence.
(f) FUNDING.—There is authorized to be made available annu-
ally such amounts as the Secretary of Defense determines appro-
priate from the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114–92; 10 U.S.C. 2302 note) for mission integra-
tion management activities listed in subsection (d).
(g) STRATEGY.—The Secretary of Defense shall submit to the
congressional defense committees, at the same time as the budget for
the Department of Defense for fiscal year 2018 is submitted to Con-
gress pursuant to section 1105 of title 31, United States Code, a
strategy for mission integration management, including a
resourcing strategy for mission integration managers to carry out
the responsibilities specified in this section.
Subtitle E—Provisions Relating to Acquisition Workforce
SEC. 861. PROJECT MANAGEMENT.
(a) DEPUTY DIRECTOR FOR MANAGEMENT.—
(1) ADDITIONAL FUNCTIONS.—Section 503 of title 31, United
States Code, is amended by adding at the end the following:
‘‘(c) PROGRAM AND PROJECT MANAGEMENT.—
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‘‘(1) REQUIREMENT.—Subject to the direction and approval

of the Director, the Deputy Director for Management or a des-
ignee shall—

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 302

‘‘(A) adopt governmentwide standards, policies, and

guidelines for program and project management for execu-
tive agencies;
‘‘(B) oversee implementation of program and project
management for the standards, policies, and guidelines es-
tablished under subparagraph (A);
‘‘(C) chair the Program Management Policy Council es-
tablished under section 1126(b);
‘‘(D) establish standards and policies for executive
agencies, consistent with widely accepted standards for pro-
gram and project management planning and delivery;
‘‘(E) engage with the private sector to identify best prac-
tices in program and project management that would im-
prove Federal program and project management;
‘‘(F) conduct portfolio reviews to address programs
identified as high risk by the Government Accountability
Office;
‘‘(G) not less than annually, conduct portfolio reviews
of agency programs in coordination with Project Manage-
ment Improvement Officers designated under section
1126(a)(1) to assess the quality and effectiveness of pro-
gram management; and
‘‘(H) establish a 5-year strategic plan for program and
project management.
‘‘(2) APPLICATION TO DEPARTMENT OF DEFENSE.—Para-
graph (1) shall not apply to the Department of Defense to the
extent that the provisions of that paragraph are substantially
similar to or duplicative of—
‘‘(A) the provisions of chapter 87 of title 10; or
‘‘(B) policy, guidance, or instruction of the Department
related to program management.’’.
(2) DEADLINE FOR STANDARDS, POLICIES, AND GUIDE-
LINES.—Not later than 1 year after the date of enactment of this
Act, the Deputy Director for Management of the Office of Man-
agement and Budget shall issue the standards, policies, and
guidelines required under section 503(c) of title 31, United
States Code, as added by paragraph (1).
(3) REGULATIONS.—Not later than 90 days after the date on
which the standards, policies, and guidelines are issued under
paragraph (2), the Deputy Director for Management of the Of-
fice of Management and Budget, in consultation with the Pro-
gram Management Policy Council established under section
1126(b) of title 31, United States Code, as added by subsection
(b)(1), and the Director of the Office of Management and Budg-
et, shall issue any regulations as are necessary to implement the
requirements of section 503(c) of title 31, United States Code, as
added by paragraph (1).
(b) PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PRO-
GRAM MANAGEMENT POLICY COUNCIL.—
(1) AMENDMENT.—Chapter 11 of title 31, United States
Code, is amended by adding at the end the following:
‘‘§ 1126. Program Management Improvement Officers and
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Program Management Policy Council

‘‘(a) PROGRAM MANAGEMENT IMPROVEMENT OFFICERS.—

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‘‘(1) DESIGNATION.—The head of each agency described in

section 901(b) shall designate a senior executive of the agency
as the Program Management Improvement Officer of the agen-
cy.
‘‘(2) FUNCTIONS.—The Program Management Improvement
Officer of an agency designated under paragraph (1) shall—
‘‘(A) implement program management policies estab-
lished by the agency under section 503(c); and
‘‘(B) develop a strategy for enhancing the role of pro-
gram managers within the agency that includes the fol-
lowing:
‘‘(i) Enhanced training and educational opportuni-
ties for program managers that shall include—
‘‘(I) training in the relevant competencies en-
compassed with program and project manager
within the private sector for program managers;
and
‘‘(II) training that emphasizes cost contain-
ment for large projects and programs.
‘‘(ii) Mentoring of current and future program
managers by experienced senior executives and pro-
gram managers within the agency.
‘‘(iii) Improved career paths and career opportuni-
ties for program managers.
‘‘(iv) A plan to encourage the recruitment and re-
tention of highly qualified individuals to serve as pro-
gram managers.
‘‘(v) Improved means of collecting and dissemi-
nating best practices and lessons learned to enhance
program management across the agency.
‘‘(vi) Common templates and tools to support im-
proved data gathering and analysis for program man-
agement and oversight purposes.
‘‘(3) APPLICATION TO DEPARTMENT OF DEFENSE.—This sub-
section shall not apply to the Department of Defense to the ex-
tent that the provisions of this subsection are substantially
similar to or duplicative of the provisions of chapter 87 of title
10. For purposes of paragraph (1), the Under Secretary of De-
fense for Acquisition, Technology, and Logistics (or a designee
of the Under Secretary) shall be considered the Program Man-
agement Improvement Officer.
‘‘(b) PROGRAM MANAGEMENT POLICY COUNCIL.—
‘‘(1) ESTABLISHMENT.—There is established in the Office of
Management and Budget a council to be known as the ‘Program
Management Policy Council’ (in this subsection referred to as
the ‘Council’).
‘‘(2) PURPOSE AND FUNCTIONS.—The Council shall act as
the principal interagency forum for improving agency practices
related to program and project management. The Council
shall—
‘‘(A) advise and assist the Deputy Director for Manage-
ment of the Office of Management and Budget;
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‘‘(B) review programs identified as high risk by the

Government Accountability Office and make recommenda-
tions for actions to be taken by the Deputy Director for

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 304

Management of the Office of Management and Budget or a

designee;
‘‘(C) discuss topics of importance to the workforce, in-
cluding—
‘‘(i) career development and workforce development
needs;
‘‘(ii) policy to support continuous improvement in
program and project management; and
‘‘(iii) major challenges across agencies in man-
aging programs;
‘‘(D) advise on the development and applicability of
standards governmentwide for program management trans-
parency; and
‘‘(E) review the information published on the website of
the Office of Management and Budget pursuant to section
1122.
‘‘(3) MEMBERSHIP.—
‘‘(A) COMPOSITION.—The Council shall be composed of
the following members:
‘‘(i) Five members from the Office of Management
and Budget as follows:
‘‘(I) The Deputy Director for Management.
‘‘(II) The Administrator of the Office of Elec-
tronic Government.
‘‘(III) The Administrator of Federal Procure-
ment Policy.
‘‘(IV) The Controller of the Office of Federal
Financial Management.
‘‘(V) The Director of the Office of Performance
and Personnel Management.
‘‘(ii) The Program Management Improvement Offi-
cer from each agency described in section 901(b).
‘‘(iii) Any other full-time or permanent part-time
officer or employee of the Federal Government or mem-
ber of the Armed Forces designated by the Chairperson.
‘‘(B) CHAIRPERSON AND VICE CHAIRPERSON.—
‘‘(i) IN GENERAL.—The Deputy Director for Man-
agement of the Office of Management and Budget shall
be the Chairperson of the Council. A Vice Chairperson
shall be elected by the members and shall serve a term
of not more than 1 year.
‘‘(ii) DUTIES.—The Chairperson shall preside at the
meetings of the Council, determine the agenda of the
Council, direct the work of the Council, and establish
and direct subgroups of the Council as appropriate.
‘‘(4) MEETINGS.—The Council shall meet not less than twice
per fiscal year and may meet at the call of the Chairperson or
a majority of the members of the Council.
‘‘(5) SUPPORT.—The head of each agency with a Project
Management Improvement Officer serving on the Council shall
provide administrative support to the Council, as appropriate,
at the request of the Chairperson.’’.
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(2) REPORT REQUIRED.—Not later than 1 year after the date

of the enactment of this Act, the Director of the Office of Man-
agement and Budget, in consultation with each Program Man-

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 305

agement Improvement Officer designated under section

1126(a)(1) of title 31, United States Code, shall submit to Con-
gress a report containing the strategy developed under section
1126(a)(2)(B) of such title, as added by paragraph (1).
(c) PROGRAM AND PROJECT MANAGEMENT PERSONNEL STAND-
ARDS.—
(1) DEFINITION.—In this subsection, the term ‘‘agency’’
means each agency described in section 901(b) of title 31,
United States Code, other than the Department of Defense.
(2) REGULATIONS REQUIRED.—Not later than 180 days after
the date on which the standards, policies, and guidelines are
issued under section 503(c) of title 31, United States Code, as
added by subsection (a)(1), the Director of the Office of Per-
sonnel Management, in consultation with the Director of the Of-
fice of Management and Budget, shall issue regulations that—
(A) identify key skills and competencies needed for a
program and project manager in an agency;
(B) establish a new job series, or update and improve
an existing job series, for program and project management
within an agency; and
(C) establish a new career path for program and
project managers within an agency.
(d) GAO REPORT ON EFFECTIVENESS OF POLICIES ON PROGRAM
AND PROJECT MANAGEMENT.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United
States shall issue, in conjunction with the high risk list of the Gov-
ernment Accountability Office, a report examining the effectiveness
of the following on improving Federal program and project manage-
ment:
(1) The standards, policies, and guidelines for program and
project management issued under section 503(c) of title 31,
United States Code, as added by subsection (a)(1).
(2) The 5-year strategic plan established under section
503(c)(1)(H) of title 31, United States Code, as added by sub-
section (a)(1).
(3) Program Management Improvement Officers designated
under section 1126(a)(1) of title 31, United States Code, as
added by subsection (b)(1).
(4) The Program Management Policy Council established
under section 1126(b)(1) of title 31, United States Code, as
added by subsection (b)(1).
SEC. 862. AUTHORITY TO WAIVE TENURE REQUIREMENT FOR PRO-
GRAM MANAGERS FOR PROGRAM DEFINITION AND PRO-
GRAM EXECUTION PERIODS.
(a) PROGRAM DEFINITION PERIOD.—Section 826(e) of the Na-
tional Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92) is amended by striking ‘‘The Secretary may waive’’ and in-
serting ‘‘The service acquisition executive, in the case of a major de-
fense acquisition program of a military department, or the Under
Secretary of Defense for Acquisition, Technology, and Logistics, in
the case of a Defense-wide or Defense Agency major defense acquisi-
tion program, may waive’’.
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(b) PROGRAM EXECUTION PERIOD.—Section 827(e) of the Na-

tional Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92) is amended by striking ‘‘The immediate supervisor of a pro-

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 306

gram manager for a major defense acquisition program may waive’’

and inserting ‘‘The service acquisition executive, in the case of a
major defense acquisition program of a military department, or the
Under Secretary of Defense for Acquisition, Technology, and Logis-
tics, in the case of a Defense-wide or Defense Agency major defense
acquisition program, may waive’’.
SEC. 863. PURPOSES FOR WHICH THE DEPARTMENT OF DEFENSE AC-
QUISITION WORKFORCE DEVELOPMENT FUND MAY BE
USED; ADVISORY PANEL AMENDMENTS.
(a) IN GENERAL.—Section 1705 of title 10, United States Code,
is amended—
(1) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘and to develop ac-
quisition tools and methodologies, and undertake research
and development activities, leading to acquisition policies
and practices that will improve the efficiency and effective-
ness of defense acquisition efforts’’ after ‘‘workforce of the
Department’’; and
(B) in paragraph (4), by striking ‘‘other than for the
purpose of’’ and all that follows through the period at the
end and inserting ‘‘other than for the purposes of—
‘‘(A) providing advanced training to Department of De-
fense employees;
‘‘(B) developing acquisition tools and methodologies
and performing research on acquisition policies and best
practices that will improve the efficiency and effectiveness
of defense acquisition efforts; and
‘‘(C) supporting human capital and talent management
of the acquisition workforce, including benchmarking stud-
ies, assessments, and requirements planning.’’; and
(2) in subsection (f), by striking ‘‘Each report shall include’’
and all that follows through the period at the end of paragraph
(5).
(b) TECHNICAL AMENDMENTS.—Such section is further amend-
ed—
(1) in subsection (d)(2)(C), by striking ‘‘in each’’ and insert-
ing ‘‘in such’’;
(2) in subsection (f)—
(A) by striking ‘‘Not later than 120 days after the end
of each fiscal year’’ and inserting ‘‘Not later than February
1 each year’’; and
(B) by striking ‘‘such fiscal year’’ the first place it ap-
pears and inserting ‘‘the preceding fiscal year’’; and
(3) in subsection (g)(1)—
(A) by striking ‘‘of of’’ and inserting ‘‘of’’; and
(B) by striking ‘‘, as defined in subsection (h),’’.
(c) LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PUR-
POSES.—Of the amounts authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017, not more than
$35,000,000 may be obligated or expended for the purposes set forth
in subparagraphs (B) and (C) of section 1705(e)(4) of title 10,
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United States Code, as added by subsection (a).

(d) AMENDMENTS TO ADVISORY PANEL ON STREAMLINING AND
CODIFYING ACQUISITION REGULATIONS.—Section 809 of the Na-

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 307

tional Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 129 Stat. 889) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish
an independent advisory panel on streamlining acquisition regula-
tions. The panel shall be supported by the Defense Acquisition Uni-
versity and the National Defense University, including administra-
tive support.’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘and analysis’’ and
inserting ‘‘, analysis, and logistics support’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) AUTHORITIES.—The panel shall have the authorities
provided in section 3161 of title 5, United States Code.’’.
SEC. 864. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DE-
VELOPMENT FUND DETERMINATION ADJUSTMENT.
(a) CREDIT TO RAPID PROTOTYPING FUND.—Notwithstanding
section 1705(d)(2)(B) of title 10, United States Code, of the funds
credited to the Department of Defense Acquisition Workforce Devel-
opment Fund in fiscal year 2017 pursuant to such section,
$225,000,000 shall be transferred to the Rapid Prototyping Fund es-
tablished under section 804(d) of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302
note). Of the $225,000,000 so transferred, $75,000,000 shall be cred-
ited to each of the military department-specific funds established
under section 804(d)(2) of such Act (as added by section 897 of this
Act).
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section
804(d)(1) of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended—
(1) in the first sentence, by inserting a comma after ‘‘may
be available’’;
(2) at the end of the first sentence, by inserting before the
period the following: ‘‘and other purposes specified in law’’; and
(3) in the last sentence, by striking ‘‘shall consist of’’ and
all that follows through ‘‘this Act.’’ and inserting the following:
‘‘shall consist of—
‘‘(i) amounts appropriated to the Fund;
‘‘(ii) amounts credited to the Fund pursuant to sec-
tion 828 of this Act; and
‘‘(iii) any other amounts appropriated to, credited
to, or transferred to the Fund.’’.
SEC. 865. LIMITATIONS ON FUNDS USED FOR STAFF AUGMENTATION
CONTRACTS AT MANAGEMENT HEADQUARTERS OF THE
DEPARTMENT OF DEFENSE AND THE MILITARY DEPART-
MENTS.
(a) LIMITATIONS.—
(1) FOR FISCAL YEARS 2017 AND 2018.—The total amount ob-
ligated by the Department of Defense for fiscal year 2017 or
2018 for contract services for staff augmentation contracts at
management headquarters of the Department and the military
departments may not exceed an amount equal to the aggregate
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amount expended by the Department for contract services for

staff augmentation contracts at management headquarters of
the Department and the military departments in fiscal year

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 308

2016 adjusted for net transfers from funding for overseas con-
tingency operations (in this subsection referred to as the ‘‘fiscal
year 2016 staff augmentation contracts funding amount’’).
(2) FOR FISCAL YEARS 2018 THROUGH 2022.—The total
amount obligated by the Department for any fiscal year after
fiscal year 2018 and before fiscal year 2023 for contract services
for staff augmentation contracts at management headquarters
of the Department and the military departments may not exceed
an amount equal to 75 percent of the fiscal year 2016 staff aug-
mentation contracts funding amount.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘contract services’’ has the meaning given that
term in section 235 of title 10, United States Code.
(2) The term ‘‘staff augmentation contracts’’ means services
contracts for personnel who are physically present in a Govern-
ment work space on a full-time or permanent part-time basis,
for the purpose of advising on, providing support to, or assist-
ing a Government agency in the performance of the agency’s
missions, including authorized personal services contracts (as
that term is defined in section 2330a(g)(5) of title 10, United
States Code).
SEC. 866. SENIOR MILITARY ACQUISITION ADVISORS IN THE DEFENSE
ACQUISITION CORPS.
(a) POSITIONS.—
(1) IN GENERAL.—Subchapter II of chapter 87 of title 10,
United States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1725. Senior Military Acquisition Advisors
‘‘(a) POSITION.—
‘‘(1) IN GENERAL.—The Secretary of Defense may establish
in the Defense Acquisition Corps a position to be known as ‘Sen-
ior 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 execu-
tive 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 ap-
pointed 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 Sen-
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ior Military Acquisition Advisor may, in the discretion of the Presi-

dent, be retired in the grade of brigadier general or rear admiral
(lower half) if—

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‘‘(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 recommenda-
tion for appointment as a Senior Military Acquisition Advisor
shall be made competitively, and shall be based upon dem-
onstrated experience and expertise in acquisition.
‘‘(2) OFFICERS ELIGIBLE.—Officers shall be selected for rec-
ommendation 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 ex-
perience. An officer selected for recommendation for appoint-
ment as a Senior Military Acquisition Advisor shall have at
least 30 years of active commissioned service at the time of ap-
pointment.
‘‘(3) TERM.—The appointment of an officer as a Senior Mili-
tary 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 Advi-
sors 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 offi-
cer’s primary duty providing strategic, technical, and programmatic
advice to the service acquisition executive of the officer’s military de-
partment on matters pertaining to the Defense Acquisition System,
including matters pertaining to procurement, research and develop-
ment, advanced technology, test and evaluation, production, pro-
gram management, systems engineering, and lifecycle logistics.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning 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 LIMITA-
TIONS.—Section 523(b) of such title is amended by adding at the
end the following new paragraph:
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‘‘(9) Officers who are Senior Military Acquisition Advisors

under section 1725 of this title, but not to exceed 15.’’.

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 310
SEC. 867. AUTHORITY OF THE SECRETARY OF DEFENSE UNDER THE
ACQUISITION DEMONSTRATION PROJECT.
(a) AMENDMENT.—Section 1762(b) of title 10, United States
Code, is amended by adding at the end the following new para-
graph:
‘‘(4) The Secretary of Defense shall exercise the authorities
granted to the Office of Personnel Management under section
4703 of title 5 for purposes of the demonstration project author-
ized under this section.’’.
(b) EFFECTIVE DATE.—Paragraph (4) of section 1762(b) of title
10, United States Code, as added by subsection (a), shall take effect
on the first day of the first month beginning 60 days after the date
of the enactment of this Act.
Subtitle F—Provisions Relating to Commercial Items
SEC. 871. MARKET RESEARCH FOR DETERMINATION OF PRICE REA-
SONABLENESS IN ACQUISITION OF COMMERCIAL ITEMS.
Section 2377 of title 10, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e), and in
that subsection by striking ‘‘subsection (c)’’ and inserting ‘‘sub-
sections (c) and (d)’’; and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) MARKET RESEARCH FOR PRICE ANALYSIS.—The Secretary of
Defense shall ensure that procurement officials in the Department
of Defense conduct or obtain market research to support the deter-
mination of the reasonableness of price for commercial items con-
tained in any bid or offer submitted in response to an agency solici-
tation. To the extent necessary to support such market research, the
procurement official for the solicitation—
‘‘(1) in the case of items acquired under section 2379 of this
title, shall use information submitted under subsection (d) of
that section; and
‘‘(2) in the case of other items, may require the offeror to
submit relevant information.’’.
SEC. 872. VALUE ANALYSIS FOR THE DETERMINATION OF PRICE REA-
SONABLENESS.
Subsection 2379(d) of title 10, United States Code, is amend-
ed—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) An offeror may submit information or analysis relating to
the value of a commercial item to aid in the determination of the
reasonableness of the price of such item. A contracting officer may
consider such information or analysis in addition to the information
submitted pursuant to paragraphs (1)(A) and (1)(B).’’.
SEC. 873. CLARIFICATION OF REQUIREMENTS RELATING TO COMMER-
CIAL ITEM DETERMINATIONS.
Paragraphs (1) and (2) of section 2380 of title 10, United States
Code, are amended to read as follows:
‘‘(1) establish and maintain a centralized capability with
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necessary expertise and resources to provide assistance to the

military departments and Defense Agencies in making commer-
cial item determinations, conducting market research, and per-

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 311

forming analysis of price reasonableness for the purposes of pro-

curements by the Department of Defense; and
‘‘(2) provide to officials of the Department of Defense access
to previous Department of Defense commercial item determina-
tions, market research, and analysis used to determine the rea-
sonableness of price for the purposes of procurements by the De-
partment of Defense.’’.
SEC. 874. INAPPLICABILITY OF CERTAIN LAWS AND REGULATIONS TO
THE ACQUISITION OF COMMERCIAL ITEMS AND COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS.
(a) AMENDMENT TO TITLE 10, UNITED STATES CODE.—Section
2375 of title 10, United States Code, is amended to read as follows:
‘‘§ 2375. Relationship of commercial item provisions to other
provisions of law
‘‘(a) APPLICABILITY OF GOVERNMENT-WIDE STATUTES.—(1) No
contract for the procurement of a commercial item entered into by
the head of an agency shall be subject to any law properly listed in
the Federal Acquisition Regulation pursuant to section 1906(b) of
title 41.
‘‘(2) No subcontract under a contract for the procurement of a
commercial item entered into by the head of an agency shall be sub-
ject to any law properly listed in the Federal Acquisition Regulation
pursuant to section 1906(c) of title 41.
‘‘(3) No contract for the procurement of a commercially avail-
able off-the-shelf item entered into by the head of an agency shall
be subject to any law properly listed in the Federal Acquisition Reg-
ulation pursuant to section 1907 of title 41.
‘‘(b) APPLICABILITY OF DEFENSE-UNIQUE STATUTES TO CON-
TRACTS FOR COMMERCIAL ITEMS.—(1) The Defense Federal Acquisi-
tion Regulation Supplement shall include a list of defense-unique
provisions of law and of contract clause requirements based on gov-
ernment-wide acquisition regulations, policies, or executive orders
not expressly authorized in law that are inapplicable to contracts for
the procurement of commercial items. A provision of law or contract
clause requirement properly included on the list pursuant to para-
graph (2) does not apply to purchases of commercial items by the
Department of Defense. This section does not render a provision of
law or contract clause requirement not included on the list inappli-
cable to contracts for the procurement of commercial items.
‘‘(2) A provision of law or contract clause requirement described
in subsection (e) that is enacted after January 1, 2015, shall be in-
cluded on the list of inapplicable provisions of law and contract
clause requirements required by paragraph (1) unless the Under
Secretary of Defense for Acquisition, Technology, and Logistics
makes a written determination that it would not be in the best inter-
est of the Department of Defense to exempt contracts for the procure-
ment of commercial items from the applicability of the provision or
contract clause requirement.
‘‘(c) APPLICABILITY OF DEFENSE-UNIQUE STATUTES TO SUB-
CONTRACTS FOR COMMERCIAL ITEMS.—(1) The Defense Federal Ac-
quisition Regulation Supplement shall include a list of provisions
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of law and of contract clause requirements based on government-

wide acquisition regulations, policies, or executive orders not ex-
pressly authorized in law that are inapplicable to subcontracts

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 312

under a Department of Defense contract or subcontract for the pro-

curement of commercial items. A provision of law or contract clause
requirement properly included on the list pursuant to paragraph (2)
does not apply to those subcontracts. This section does not render
a provision of law or contract clause requirement not included on
the list inapplicable to subcontracts under a contract for the pro-
curement of commercial items.
‘‘(2) A provision of law or contract clause requirement described
in subsection (e) shall be included on the list of inapplicable provi-
sions of law and contract clause requirements required by para-
graph (1) unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics makes a written determination that it
would not be in the best interest of the Department of Defense to ex-
empt subcontracts under a contract for the procurement of commer-
cial items from the applicability of the provision or contract clause
requirement.
‘‘(3) In this subsection, the term ‘subcontract’ includes a transfer
of commercial items between divisions, subsidiaries, or affiliates of
a contractor or subcontractor. The term does not include agreements
entered into by a contractor for the supply of commodities that are
intended for use in the performance of multiple contracts with the
Department of Defense and other parties and are not identifiable to
any particular contract.
‘‘(4) This subsection does not authorize the waiver of the appli-
cability of any provision of law or contract clause requirement with
respect to any first-tier subcontract under a contract with a prime
contractor reselling or distributing commercial items of another con-
tractor without adding value.
‘‘(d) APPLICABILITY OF DEFENSE-UNIQUE STATUTES TO CON-
TRACTS FOR COMMERCIALLY AVAILABLE, OFF-THE-SHELF ITEMS.—(1)
The Defense Federal Acquisition Regulation Supplement shall in-
clude a list of provisions of law and of contract clause requirements
based on government-wide acquisition regulations, policies, or exec-
utive orders not expressly authorized in law that are inapplicable to
contracts for the procurement of commercially available off-the-shelf
items. A provision of law or contract clause requirement properly in-
cluded on the list pursuant to paragraph (2) does not apply to De-
partment of Defense contracts for the procurement of commercially
available off-the-shelf items. This section does not render a provi-
sion of law or contract clause requirement not included on the list
inapplicable to contracts for the procurement of commercially avail-
able off-the-shelf items.
‘‘(2) A provision of law or contract clause requirement described
in subsection (e) shall be included on the list of inapplicable provi-
sions of law and contract clause requirements required by para-
graph (1) unless the Under Secretary of Defense for Acquisition,
Technology, and Logistics makes a written determination that it
would not be in the best interest of the Department of Defense to ex-
empt contracts for the procurement of commercially available off-
the-shelf items from the applicability of the provision or contract
clause requirement.
‘‘(e) COVERED PROVISION OF LAW OR CONTRACT CLAUSE RE-
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QUIREMENT.—A provision of law or contract clause requirement re-

ferred to in subsections (b)(2), (c)(2), and (d)(2) is a provision of law
or contract clause requirement that the Under Secretary of Defense

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 313

for Acquisition, Technology, and Logistics determines sets forth poli-

cies, procedures, requirements, or restrictions for the procurement of
property or services by the Federal Government, except for a provi-
sion of law or contract clause requirement that—
‘‘(1) provides for criminal or civil penalties;
‘‘(2) requires that certain articles be bought from American
sources pursuant to section 2533a of this title, or requires that
strategic materials critical to national security be bought from
American sources pursuant to section 2533b of this title; or
‘‘(3) specifically refers to this section and provides that, not-
withstanding this section, it shall be applicable to contracts for
the procurement of commercial items.’’.
(b) CHANGES TO DEFENSE FEDERAL ACQUISITION REGULATION
SUPPLEMENT.—
(1) IN GENERAL.—To the maximum extent practicable, the
Under Secretary of Defense for Acquisition, Technology, and Lo-
gistics shall ensure that—
(A) the Defense Federal Acquisition Regulation Supple-
ment does not require the inclusion of contract clauses in
contracts for the procurement of commercial items or con-
tracts for the procurement of commercially available off-the-
shelf items, unless such clauses are—
(i) required to implement provisions of law or exec-
utive orders applicable to such contracts; or
(ii) determined to be consistent with standard com-
mercial practice; and
(B) the flow-down of contract clauses to subcontracts
under contracts for the procurement of commercial items or
commercially available off-the-shelf items is prohibited un-
less such flow-down is required to implement provisions of
law or executive orders applicable to such subcontracts.
(2) SUBCONTRACTS.—In this subsection, the term ‘‘sub-
contract’’ includes a transfer of commercial items between divi-
sions, subsidiaries, or affiliates of a contractor or subcontractor.
The term does not include agreements entered into by a con-
tractor for the supply of commodities that are intended for use
in the performance of multiple contracts with the Department
of Defense and other parties and are not identifiable to any par-
ticular contract.
SEC. 875. USE OF COMMERCIAL OR NON-GOVERNMENT STANDARDS IN
LIEU OF MILITARY SPECIFICATIONS AND STANDARDS.
(a) IN GENERAL.—The Secretary of Defense shall ensure that the
Department of Defense uses commercial or non-Government speci-
fications and standards in lieu of military specifications and stand-
ards, including for procuring new systems, major modifications, up-
grades to current systems, non-developmental and commercial
items, and programs in all acquisition categories, unless no prac-
tical alternative exists to meet user needs. If it is not practicable to
use a commercial or non-Government standard, a Government-
unique specification may be used.
(b) LIMITED USE OF MILITARY SPECIFICATIONS.—
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(1) IN GENERAL.—Military specifications shall be used in

procurements only to define an exact design solution when there
is no acceptable commercial or non-Government standard or

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 314

when the use of a commercial or non-Government standard is

not cost effective.
(2) WAIVER.—A waiver for the use of military specifications
in accordance with paragraph (1) shall be approved by either
the appropriate milestone decision authority, the appropriate
service acquisition executive, or the Under Secretary of Defense
for Acquisition, Technology, and Logistics.
(c) REVISION TO DFARS.—Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall revise the Defense Fed-
eral Acquisition Regulation Supplement to encourage contractors to
propose commercial or non-Government standards and industry-
wide practices that meet the intent of the military specifications and
standards.
(d) DEVELOPMENT OF NON-GOVERNMENT STANDARDS.—The
Under Secretary for Acquisition, Technology, and Logistics shall
form partnerships with appropriate industry associations to develop
commercial or non-Government standards for replacement of mili-
tary specifications and standards where practicable.
(e) EDUCATION, TRAINING, AND GUIDANCE.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logistics shall
ensure that training, education, and guidance programs throughout
the Department are revised to incorporate specifications and stand-
ards reform.
(f) LICENSES.—The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall negotiate licenses for standards to
be used across the Department of Defense and shall maintain an in-
ventory of such licenses that is accessible to other Department of De-
fense organizations.
SEC. 876. PREFERENCE FOR COMMERCIAL SERVICES.
Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall revise the guidance issued pursu-
ant to section 855 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92; 10 U.S.C. 2377 note) to provide
that—
(1) the head of an agency may not enter into a contract in
excess of $10,000,000 for facilities-related services, knowledge-
based services (except engineering services), construction serv-
ices, medical services, or transportation services that are not
commercial services unless the service acquisition executive of
the military department concerned, the head of the Defense
Agency concerned, the commander of the combatant command
concerned, or the Under Secretary of Defense for Acquisition,
Technology, and Logistics (as applicable) determines in writing
that no commercial services are suitable to meet the agency’s
needs as provided in section 2377(c)(2) of title 10, United States
Code; and
(2) the head of an agency may not enter into a contract in
an amount above the simplified acquisition threshold and
below $10,000,000 for facilities-related services, knowledge-
based services (except engineering services), construction serv-
ices, medical services, or transportation services that are not
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commercial services unless the contracting officer determines in

writing that no commercial services are suitable to meet the
agency’s needs as provided in section 2377(c)(2) of such title.

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 315
SEC. 877. TREATMENT OF COMMINGLED ITEMS PURCHASED BY CON-
TRACTORS AS COMMERCIAL ITEMS.
(a) IN GENERAL.—Chapter 140 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2380B. Treatment of commingled items purchased by con-
tractors as commercial items
‘‘Notwithstanding 2376(1) of this title, items valued at less than
$10,000 that are purchased by a contractor for use in the perform-
ance of multiple contracts with the Department of Defense and other
parties and are not identifiable to any particular contract shall be
treated as a commercial item for purposed of this chapter.’’.
(b) CLERICAL AMENDMENT.—The table of sections for such chap-
ter is amended by inserting after the item relating to section 2380A
the following new item:
‘‘2380B. Treatment of items purchased prior to release of prime contract requests for
proposals as commercial items.’’.
SEC. 878. TREATMENT OF SERVICES PROVIDED BY NONTRADITIONAL
CONTRACTORS AS COMMERCIAL ITEMS.
(a) IN GENERAL.—Section 2380A of title 10, United States Code,
is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting the fol-
lowing:
‘‘(a) GOODS AND SERVICES PROVIDED BY NONTRADITIONAL DE-
FENSE CONTRACTORS.—Notwithstanding’’; and
(2) by adding at the end the following new subsection:
‘‘(b) SERVICES PROVIDED BY CERTAIN NONTRADITIONAL CON-
TRACTORS.—Notwithstanding section 2376(1) of this title, services
provided by a business unit that is a nontraditional defense con-
tractor (as that term is defined in section 2302(9) of this title) shall
be treated as commercial items for purposes of this chapter, to the
extent that such services use the same pool of employees as used for
commercial customers and are priced using methodology similar to
methodology used for commercial pricing.’’.
(b) CONFORMING AMENDMENTS.—
(1) SECTION HEADING.—Section 2380A of title 10, United
States Code, as amended by subsection (a), is further amended
by striking the section heading and inserting the following:
‘‘§ 2380a. Treatment of certain items as commercial items’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 140 of title 10, United States Code, is amended
by striking the item relating to section 2380A and inserting the
following new item:
‘‘2380a. Treatment of certain items as commercial items.’’.
SEC. 879. DEFENSE PILOT PROGRAM FOR AUTHORITY TO ACQUIRE IN-
NOVATIVE COMMERCIAL ITEMS, TECHNOLOGIES, AND
SERVICES USING GENERAL SOLICITATION COMPETITIVE
PROCEDURES.
(a) AUTHORITY.—The Secretary of Defense and the Secretaries
of the military departments may carry out a pilot program, to be
known as the ‘‘defense commercial solutions opening pilot program’’,
under which the Secretary may acquire innovative commercial
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items, technologies, and services through a competitive selection of

proposals resulting from a general solicitation and the peer review
of such proposals.

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 316

(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general

solicitation competitive procedures for the pilot program under sub-
section (a) shall be considered to be use of competitive procedures
for purposes of chapter 137 of title 10, United States Code.
(c) LIMITATIONS.—
(1) IN GENERAL.—The Secretary may not enter into a con-
tract or agreement under the pilot program for an amount in
excess of $100,000,000 without a written determination from
the Under Secretary for Acquisition, Logistics, and Technology
or the relevant service acquisition executive of the efficacy of the
effort to meet mission needs of the Department of Defense or the
relevant military department.
(2) FIXED-PRICE REQUIREMENT.—Contracts or agreements
entered into under the program shall be fixed-price, including
fixed-price incentive fee contracts.
(3) TREATMENT AS COMMERCIAL ITEMS.—Notwithstanding
section 2376(1) of title 10, United States Code, items, tech-
nologies, and services acquired under the pilot program shall be
treated as commercial items.
(d) GUIDANCE.—Not later than six months after the date of the
enactment of this Act, the Secretary shall issue guidance for the im-
plementation of the pilot program under this section within the De-
partment of Defense. Such guidance shall be issued in consultation
with the Director of the Office of Management and Budget and shall
be posted for access by the public.
(e) CONGRESSIONAL NOTIFICATION REQUIRED.—
(1) IN GENERAL.—Not later than 45 days after the award
of a contract for an amount exceeding $100,000,000 using the
authority in subsection (a), the Secretary of Defense shall notify
the congressional defense committees of such award.
(2) ELEMENTS.—Notice of an award under paragraph (1)
shall include the following:
(A) Description of the innovative commercial item, tech-
nology, or service acquired.
(B) Description of the requirement, capability gap, or
potential technological advancement with respect to which
the innovative commercial item, technology, or service ac-
quired provides a solution or a potential new capability.
(C) Amount of the contract awarded.
(D) Identification of contractor awarded the contract.
(f) DEFINITION.—In this section, the term ‘‘innovative’’ means—
(1) any technology, process, or method, including research
and development, that is new as of the date of submission of a
proposal; or
(2) any application that is new as of the date of submission
of a proposal of a technology, process, or method existing as of
such date.
(g) SUNSET.—The authority to enter into contracts under the
pilot program shall expire on September 30, 2022.
SEC. 880. PILOT PROGRAMS FOR AUTHORITY TO ACQUIRE INNOVATIVE
COMMERCIAL ITEMS USING GENERAL SOLICITATION COM-
PETITIVE PROCEDURES.
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(a) AUTHORITY.—
(1) IN GENERAL.—The head of an agency may carry out a
pilot program, to be known as a ‘‘commercial solutions opening

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 317

pilot program’’, under which innovative commercial items may

be acquired through a competitive selection of proposals result-
ing from a general solicitation and the peer review of such pro-
posals.
(2) HEAD OF AN AGENCY.—In this section, the term ‘‘head of
an agency’’ means the following:
(A) The Secretary of Homeland Security.
(B) The Administrator of General Services.
(3) APPLICABILITY OF SECTION.—This section applies to the
following agencies:
(A) The Department of Homeland Security.
(B) The General Services Administration.
(b) TREATMENT AS COMPETITIVE PROCEDURES.—Use of general
solicitation competitive procedures for the pilot program under sub-
section (a) shall be considered, in the case of the Department of
Homeland Security and the General Services Administration, to be
use of competitive procedures for purposes of division C of title 41,
United States Code (as defined in section 152 of such title).
(c) LIMITATION.—The head of an agency may not enter into a
contract under the pilot program for an amount in excess of
$10,000,000.
(d) GUIDANCE.—The head of an agency shall issue guidance for
the implementation of the pilot program under this section within
that agency. Such guidance shall be issued in consultation with the
Office of Management and Budget and shall be posted for access by
the public.
(e) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than three years after the date
of the enactment of this Act, the head of an agency shall submit
to the congressional committees specified in paragraph (3) a re-
port on the activities the agency carried out under the pilot pro-
gram.
(2) ELEMENTS OF REPORT.—Each report under this sub-
section shall include the following:
(A) An assessment of the impact of the pilot program
on competition.
(B) A comparison of acquisition timelines for—
(i) procurements made using the pilot program;
and
(ii) procurements made using other competitive
procedures that do not use general solicitations.
(C) A recommendation on whether the authority for the
pilot program should be made permanent.
(3) SPECIFIED CONGRESSIONAL COMMITTEES.—The congres-
sional committees specified in this paragraph are the Com-
mittee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Re-
form of the House of Representatives.
(f) INNOVATIVE DEFINED.—In this section, the term ‘‘innovative’’
means—
(1) any new technology, process, or method, including re-
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search and development; or

(2) any new application of an existing technology, process,
or method.

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 318

(g) TERMINATION.—The authority to enter into a contract under

a pilot program under this section terminates on September 30,
2022.
Subtitle G—Industrial Base Matters
SEC. 881. GREATER INTEGRATION OF THE NATIONAL TECHNOLOGY
AND INDUSTRIAL BASE.
(a) PLAN REQUIRED.—Not later than January 1, 2018, the Sec-
retary of Defense shall develop a plan to reduce the barriers to the
seamless integration between the persons and organizations that
comprise the national technology and industrial base (as defined in
section 2500 of title 10, United States Code). The plan shall include
at a minimum the following elements:
(1) A description of the various components of the national
technology and industrial base, including government entities,
universities, nonprofit research entities, nontraditional and
commercial item contractors, and private contractors that con-
duct commercial and military research, produce commercial
items that could be used by the Department of Defense, and
produce items designated and controlled under section 38 of the
Arms Export Control Act (also known as the ‘‘United States Mu-
nitions List’’).
(2) Identification of the barriers to the seamless integration
of the transfer of knowledge, goods, and services among the per-
sons and organizations of the national technology and indus-
trial base.
(3) Identification of current authorities that could con-
tribute to further integration of the persons and organizations
of the national technology and industrial base, and a plan to
maximize the use of those authorities.
(4) Identification of changes in export control rules, proce-
dures, and laws that would enhance the civil-military integra-
tion policy objectives set forth in section 2501(b) of title 10,
United States Code, for the national technology and industrial
base to increase the access of the Armed Forces to commercial
products, services, and research and create incentives necessary
for nontraditional and commercial item contractors, univer-
sities, and nonprofit research entities to modify commercial
products or services to meet Department of Defense require-
ments.
(5) Recommendations for increasing integration of the na-
tional technology and industrial base that supplies defense arti-
cles to the Armed Forces and enhancing allied interoperability
of forces through changes to the text or the implementation of—
(A) section 126.5 of title 22, Code of Federal Regula-
tions (relating to exemptions that are applicable to Canada
under the International Traffic in Arms Regulations);
(B) the Treaty Between the Government of the United
States of America and the Government of Australia Con-
cerning Defense Trade Cooperation, done at Sydney on Sep-
tember 5, 2007;
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(C) the Treaty Between the Government of the United

States of America and the Government of the United King-
dom of Great Britain and Northern Ireland Concerning De-

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 319

fense Trade Cooperation, done at Washington and London

on June 21 and 26, 2007; and
(D) any other agreements among the countries com-
prising the national technology and industrial base.
(b) AMENDMENT TO DEFINITION OF NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.—Section 2500(1) of title 10, United States Code,
is amended by inserting ‘‘, the United Kingdom of Great Britain
and Northern Ireland, Australia,’’ after ‘‘United States’’.
(c) REPORTING REQUIREMENT.—The Secretary of Defense shall
report on the progress of implementing the plan in subsection (a) in
the report required under section 2504 of title 10, United States
Code.
SEC. 882. INTEGRATION OF CIVIL AND MILITARY ROLES IN ATTAINING
NATIONAL TECHNOLOGY AND INDUSTRIAL BASE OBJEC-
TIVES.
Section 2501(b) of title 10, United States Code, is amended by
striking ‘‘It is the policy of Congress that the United States attain’’
and inserting ‘‘The Secretary of Defense shall ensure that the United
States attains’’.
SEC. 883. PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERV-
ICES FOR WEAPON SYSTEMS CONTRACTORS.
(a) AUTHORITY.—The Secretary of Defense may carry out a six-
year pilot program under which the Secretary may make available
storage and distribution services support to a contractor in support
of the performance by the contractor of a contract for the production,
modification, maintenance, or repair of a weapon system that is en-
tered into by the Department of Defense.
(b) SUPPORT CONTRACTS.—
(1) IN GENERAL.—Any storage and distribution services to
be provided under the pilot program under this section to a con-
tractor in support of the performance of a contract described in
subsection (a) shall be provided under a separate contract that
is entered into by the Director of the Defense Logistics Agency
with that contractor. The requirements of section 2208(h) of title
10, United States Code, and the regulations prescribed pursu-
ant to such section shall apply to any such separate support
contract between the Director of the Defense Logistics Agency
and the contractor.
(2) LIMITATION.—Not more than five support contracts be-
tween the Director and the contractor may be awarded under
the pilot program.
(c) SCOPE OF SUPPORT AND SERVICES.—The storage and dis-
tribution support services that may be provided under this section
in support of the performance of a contract described in subsection
(a) are storage and distribution of materiel and repair parts nec-
essary for the performance of that contract.
(d) REGULATIONS.—Before exercising the authority under the
pilot program under this section, the Secretary of Defense shall pre-
scribe in regulations such requirements, conditions, and restrictions
as the Secretary determines appropriate to ensure that storage and
distribution services are provided under the pilot program only
when it is in the best interests of the United States to do so. The
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regulations shall include, at a minimum, the following:

(1) A requirement for the solicitation of offers for a contract
described in subsection (a), for which storage and distribution

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 320

services are to be made available under the pilot program, in-

cluding—
(A) a statement that the storage and distribution serv-
ices are to be made available under the authority of the
pilot program under this section to any contractor awarded
the contract, but only on a basis that does not require ac-
ceptance of the support and services; and
(B) a description of the range of the storage and dis-
tribution services that are to be made available to the con-
tractor.
(2) A requirement for the rates charged a contractor for
storage and distribution services provided to a contractor under
the pilot program to reflect the full cost to the United States of
the resources used in providing the support and services, in-
cluding the costs of resources used, but not paid for, by the De-
partment of Defense.
(3) With respect to a contract described in subsection (a)
that is being performed for a department or agency outside the
Department of Defense, a prohibition, in accordance with appli-
cable contracting procedures, on the imposition of any charge
on that department or agency for any effort of Department of
Defense personnel or the contractor to correct deficiencies in the
performance of such contract.
(4) A prohibition on the imposition of any charge on a con-
tractor for any effort of the contractor to correct a deficiency in
the performance of storage and distribution services provided to
the contractor under this section.
(5) A requirement that storage and distribution services
provided under the pilot program may not interfere with the
mission of the Defense Logistics Agency or of any military de-
partment involved with the pilot program.
(6) A requirement that any support contract for storage and
distribution services entered into under the pilot program shall
include a clause to indemnify the Government against any fail-
ure by the contractor to perform the support contract, and to re-
main responsible for performance of the primary contract.
(e) RELATIONSHIP TO TREATY OBLIGATIONS.—The Secretary
shall ensure that the exercise of authority under the pilot program
under this section does not conflict with any obligation of the
United States under any treaty or other international agreement.
(f) REPORTS.—
(1) SECRETARY OF DEFENSE.—Not later than the end of the
fourth year of operation of the pilot program, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report describing—
(A) the cost effectiveness for both the Government and
industry of the pilot program; and
(B) how support contracts under the pilot program af-
fected meeting the requirements of primary contracts.
(2) COMPTROLLER GENERAL.—Not later than the end of the
fifth year of operation of the pilot program, the Comptroller
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General of the United States shall review the report of the Sec-
retary under paragraph (1) for sufficiency and provide such rec-
ommendations in a report to the Committees on Armed Services

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 321

of the Senate and House of Representatives as the Comptroller

General considers appropriate.
(g) SUNSET.—The authority to enter into contracts under the
pilot program shall expire six years after the date of the enactment
of this Act. Any contracts entered into before such date shall con-
tinue in effect according to their terms.
SEC. 884. NONTRADITIONAL AND SMALL CONTRACTOR INNOVATION
PROTOTYPING PROGRAM.
(a) IN GENERAL.—The Secretary of Defense shall conduct a pilot
program for nontraditional defense contractors and small business
concerns to design, develop, and demonstrate innovative prototype
military platforms of significant scope for the purpose of dem-
onstrating new capabilities that could provide alternatives to exist-
ing acquisition programs and assets. The Secretary shall establish
the pilot program within the Departments of the Army, Navy, and
Air Force, the Missile Defense Agency, and the United States Spe-
cial Operations Command.
(b) FUNDING.—There is authorized to be made available
$250,000,000 from the Rapid Prototyping Fund established under
section 804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) to carry out
the pilot program.
(c) PLAN.—
(1) IN GENERAL.—The Secretary of Defense shall submit to
the congressional defense committees, concurrent with the budg-
et for the Department of Defense for fiscal year 2018, as sub-
mitted to Congress pursuant to section 1105 of title 31, United
States Code, a plan to fund and carry out the pilot program in
future years.
(2) ELEMENTS.—The plan submitted under paragraph (1)
shall consider maximizing use of—
(A) broad agency announcements or other merit-based
selection procedures;
(B) the Department of Defense Acquisition Challenge
Program authorized under section 2359b of title 10, United
States Code;
(C) the foreign comparative test program;
(D) projects carried out under the Rapid Innovation
Program of the Department of Defense or pursuant to a
Phase III agreement (as defined in section 9(r)(2) of the
Small Business Act (15 U.S.C. 638(r)(2))); and
(E) streamlined procedures for acquisition provided
under section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
2302 note) and procedures for alternative acquisition path-
ways established under section 805 of such Act (10 U.S.C.
2302 note).
(d) PROGRAMS TO BE INCLUDED.—As part of the pilot program,
the Secretary of Defense shall allocate up to $50,000,000 on a fixed
price contractual basis for fiscal year 2017 or pursuant to the plan
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submitted under subsection (c) for demonstrations of the following

capabilities:
(1) Swarming of multiple unmanned air vehicles.

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 322

(2) Unmanned, modular fixed-wing aircraft that can be

rapidly adapted to multiple missions and serve as a fifth gen-
eration weapons augmentation platform.
(3) Vertical takeoff and landing tiltrotor aircraft.
(4) Integration of a directed energy weapon on an air, sea,
or ground platform.
(5) Swarming of multiple unmanned underwater vehicles.
(6) Commercial small synthetic aperture radar (SAR) sat-
ellites with on-board machine learning for automated, real-time
feature extraction and predictive analytics.
(7) Active protection system to defend against rocket-pro-
pelled grenades and anti-tank missiles.
(8) Defense against hypersonic weapons, including sensors.
(9) Other systems as designated by the Secretary.
(e) DEFINITIONS.—In this section:
(1) NONTRADITIONAL DEFENSE CONTRACTOR.—The term
‘‘nontraditional defense contractor’’ has the meaning given the
term in section 2302(9) of title 10, United States Code.
(2) SMALL BUSINESS CONCERN.—The term ‘‘small business
concern’’ has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(f) SUNSET.—The authority under this section expires at the
close of September 30, 2026.
Subtitle H—Other Matters
SEC. 885. REPORT ON BID PROTESTS.
(a) REPORT REQUIRED.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall enter into
a contract with an independent research entity that is a not-for-prof-
it entity or a federally funded research and development center with
appropriate expertise and analytical capability to carry out a com-
prehensive study on the prevalence and impact of bid protests on
Department of Defense acquisitions, including protests filed with
contracting agencies, the Government Accountability Office, and the
Court of Federal Claims.
(b) ELEMENTS.—The report required by subsection (a) shall
cover Department of Defense contracts and include, at a minimum,
the following elements:
(1) For employees of the Department, including the con-
tracting officers, program executive officers, and program man-
agers, the extent and manner in which the bid protest system
affects or is perceived to affect—
(A) the development of a procurement to avoid protests
rather than improve acquisition;
(B) the quality or quantity of pre-proposal discussions,
discussions of proposals, or post-award debriefings;
(C) the decision to use lowest price technically accept-
able procurement methods;
(D) the decision to make multiple awards or encourage
teaming;
(E) the ability to meet an operational or mission need
or address important requirements;
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(F) the decision to use sole source award methods; and

(G) the decision to exercise options on existing con-
tracts.

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(2) With respect to a company bidding on contracts or task

or delivery orders, the extent and manner in which the bid pro-
test system affects or is perceived to affect—
(A) the decision to offer a bid or proposal on single
award or multiple award contracts when the company is
the incumbent contractor;
(B) the decision to offer a bid or proposal on single
award or multiple award contracts when the company is
not the incumbent contractor;
(C) the ability to engage in pre-proposal discussions,
discussions of proposals, or post -award debriefings;
(D) the decision to participate in a team or joint ven-
ture; and
(E) the decision to file a protest with the agency con-
cerned, the Government Accountability Office, or the Court
of Federal Claims.
(3) A description of trends in the number of bid protests
filed with agencies, the Government Accountability Office, and
Federal courts, the effectiveness of each forum for contracts and
task or delivery orders, and the rate of such bid protests com-
pared to contract obligations and the number of contracts.
(4) An analysis of bid protests filed by incumbent contrac-
tors, including—
(A) the rate at which such protesters are awarded
bridge contracts or contract extensions over the period that
the protest remains unresolved; and
(B) an assessment of the cost and schedule impact of
successful and unsuccessful bid protests filed by incumbent
contractors on contracts for services with a value in excess
of $100,000,000.
(5) A comparison of the number of protests, the values of
contested orders or contracts, and the outcome of protests for—
(A) awards of contracts compared to awards of task or
delivery orders;
(B) contracts or orders primarily for products, com-
pared to contracts or orders primarily for services;
(C) protests filed pre-award to challenge the solicitation
compared to those filed post- award;
(D) contracts or awards with single protestors com-
pared to multiple protestors; and
(E) contracts with single awards compared to multiple
award contracts.
(6) An analysis of the number and disposition of protests
filed with the contracting agency.
(7) A description of trends in the number of bid protests
filed as a percentage of contracts and as a percentage of task
or delivery orders awarded during the same period of time,
overall and set forth separately by the value of the contract or
order, as follows:
(A) Contracts valued in excess of $3,000,000,000.
(B) Contracts valued between $500,000,000 and
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$3,000,000,000.
(C) Contracts valued between $50,000,000 and
$500,000,000.

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(D) Contracts valued between $10,000,000 and

$50,000,000.
(E) Contracts valued under $10,000,000.
(8) An assessment of the cost and schedule impact of suc-
cessful and unsuccessful bid protests filed on contracts valued
in excess of $3,000,000,000.
(9) An analysis of how often protestors are awarded the
contract that was the subject of the bid protest.
(10) A summary of the results of protests in which the con-
tracting agencies took unilateral corrective action, including—
(A) at what point in the bid protest process the agency
agreed to take corrective action;
(B) the average time for remedial action to be com-
pleted; and
(C) a determination regarding—
(i) whether or to what extent the decision to take
the corrective action was a result of a determination by
the agency that there had been a probable violation of
law or regulation; or
(ii) whether or to what extent such corrective action
was a result of some other factor.
(11) A description of the time it takes agencies to implement
corrective actions after a ruling or decision, and the percentage
of those corrective actions that are subsequently protested, in-
cluding the outcome of any subsequent protest.
(12) An analysis of those contracts with respect to which a
company files a protest (referred to as the ‘‘initial protest’’) and
later files another protest (referred to as the ‘‘subsequent pro-
test’’), analyzed by the forum of the initial protest and the sub-
sequent protest, including any difference in the outcome, be-
tween the forums.
(13) An analysis of the effect of the quantity and quality of
debriefings on the frequency of bid protests.
(14) An analysis of the time spent at each phase of the pro-
curement process attempting to prevent a protest, addressing a
protest, or taking corrective action in response to a protest, in-
cluding the efficacy of any actions attempted to prevent the oc-
currence of a protest.
(c) BRIEFING.—Not later than March 1, 2017, the Secretary, or
his designee, shall brief the Committees on Armed Services of the
Senate and House of Representatives on interim findings of the
independent entity.
(d) REPORT.—Not later than one year after the date of the en-
actment of this Act, the independent entity that conducts the study
under subsection (a) shall provide to the Secretary of Defense and
the congressional defense committees a report on the results of the
study, along with any related recommendations.
SEC. 886. REVIEW AND REPORT ON INDEFINITE DELIVERY CON-
TRACTS.
(a) REPORT.—The Comptroller General of the United States
shall deliver, not later than March 31, 2018, a report to Congress
on the use by the Department of Defense of indefinite delivery con-
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tracts entered into during fiscal years 2015, 2016, and 2017.
(b) ELEMENTS.—The report under subsection (a) shall address,
at a minimum, the following:

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(1) A review of Department of Defense policies for entering

into and using indefinite delivery contracts, including require-
ments for competition, as well as the guidance, if any, on the
appropriate number of vendors that should receive multiple
award indefinite delivery contracts.
(2) The number and value of all indefinite delivery con-
tracts entered into by the Department of Defense, including the
number and value of such contracts entered into with a single
vendor.
(3) An assessment of the number and value of indefinite de-
livery contracts entered into by the Department of Defense that
included competition between multiple vendors.
(4) Selected case studies of indefinite delivery contracts, in-
cluding an assessment of whether any such contracts may have
limited future opportunities for competition for the services or
items required.
(5) Recommendations for potential changes to current law
or Department of Defense acquisition regulations or guidance to
promote competition with respect to indefinite delivery con-
tracts.
SEC. 887. REVIEW AND REPORT ON CONTRACTUAL FLOW-DOWN PROVI-
SIONS.
(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct
a review of contractual flow-down provisions related to major de-
fense acquisition programs on contractors and suppliers, including
small businesses, contractors for commercial items, nontraditional
defense contractors, universities, and not-for-profit research institu-
tions. The review shall—
(1) identify the flow-down provisions that exist in the Fed-
eral Acquisition Regulation and the Defense Federal Acquisition
Regulation Supplement;
(2) identify the flow-down provisions that are critical for
national security;
(3) examine the extent to which clauses in contracts with
the Department of Defense are being applied inappropriately in
subcontracts under the contracts;
(4) assess the applicability of flow-down provisions for the
purchase of commodity items that are acquired in bulk for mul-
tiple acquisition programs;
(5) determine the unnecessary costs or burdens, if any, of
flow-down provisions on the supply chain;
(6) determine the effect, if any, of flow-down provisions on
the participation rate of small businesses, contractors for com-
mercial items, nontraditional defense contractors, universities,
and not-for-profit research organizations in defense acquisition
efforts; and
(7) determine the effect, if any, of flow-down provisions on
Department of Defense access to advanced research and tech-
nology capabilities available in the private sector.
(b) CONTRACT.—Not later than 60 days after the date of the en-
actment of this Act, the Secretary of Defense shall enter into a con-
tract with an independent entity with appropriate expertise to con-
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duct the review required by subsection (a).

(c) REPORT.—Not later than August 1, 2017, the Secretary shall
submit to the congressional defense committees a report on the find-

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 326

ings of the independent entity, along with a description of any ac-

tions that the Secretary proposes to address the findings of the inde-
pendent entity.
SEC. 888. REQUIREMENT AND REVIEW RELATING TO USE OF BRAND
NAMES OR BRAND-NAME OR EQUIVALENT DESCRIPTIONS
IN SOLICITATIONS.
(a) REQUIREMENT.—The Secretary of Defense shall ensure that
competition in Department of Defense contracts is not limited
through the use of specifying brand names or brand-name or equiv-
alent descriptions, or proprietary specifications or standards, in so-
licitations unless a justification for such specification is provided
and approved in accordance with section 2304(f) of title 10, United
States Code.
(b) REVIEW OF ANTI-COMPETITIVE SPECIFICATIONS IN INFORMA-
TION TECHNOLOGY ACQUISITIONS.—
(1) REVIEW REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of De-
fense for Acquisition, Technology, and Logistics shall conduct a
review of the policy, guidance, regulations, and training related
to specifications included in information technology acquisitions
to ensure current policies eliminate the unjustified use of poten-
tially anti-competitive specifications. In conducting the review,
the Under Secretary shall examine the use of brand names or
proprietary specifications or standards in solicitations for pro-
curements of goods and services, as well as the current acquisi-
tion training curriculum related to those areas.
(2) BRIEFING REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, the Under Secretary shall pro-
vide a briefing to the Committees on Armed Services of the Sen-
ate and House of Representatives on the results of the review re-
quired by paragraph (1).
(3) ADDITIONAL GUIDANCE.—Not later than one year after
the date of the enactment of this Act, the Under Secretary shall
revise policies, guidance, and training to incorporate such rec-
ommendations as the Under Secretary considers appropriate
from the review required by paragraph (1).
SEC. 889. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR
SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT AC-
COUNTABILITY OFFICE REPORTS TO CONGRESS.
The Comptroller General of the United States shall include in
the annual report to Congress on the Government Accountability Of-
fice each year a list of the most common grounds for sustaining pro-
tests relating to bids for contracts during such year.
SEC. 890. STUDY AND REPORT ON CONTRACTS AWARDED TO MINOR-
ITY-OWNED AND WOMEN-OWNED BUSINESSES.
(a) STUDY.—The Comptroller General of the United States shall
carry out a study on the number and types of contracts for the pro-
curement of goods or services for the Department of Defense award-
ed to minority-owned and women-owned businesses during fiscal
years 2010 through 2015. In conducting the study, the Comptroller
General shall identify minority-owned businesses according to the
categories identified in the Federal Procurement Data System (de-
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scribed in section 1122(a)(4)(A) of title 41, United States Code).

(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Comptroller General shall submit to the con-

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 327

gressional defense committees a report on the results of the study

under subsection (a).
SEC. 891. AUTHORITY TO PROVIDE REIMBURSABLE AUDITING SERV-
ICES TO CERTAIN NON-DEFENSE AGENCIES.
Section 893(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2313 note) is
amended—
(1) in paragraph (1), by inserting ‘‘except as provided in
paragraph (2),’’ after ‘‘this Act,’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2) EXCEPTION FOR NATIONAL NUCLEAR SECURITY ADMINIS-
TRATION.—Notwithstanding paragraph (1), the Defense Con-
tract Audit Agency may provide audit support on a reimburs-
able basis for the National Nuclear Security Administration.’’.
SEC. 892. SELECTION OF SERVICE PROVIDERS FOR AUDITING SERV-
ICES AND AUDIT READINESS SERVICES.
The Department of Defense shall select service providers for au-
diting services and audit readiness services based on the best value
to the Department, as determined by the resource sponsor for an au-
diting contract, rather than based on the lowest price technically ac-
ceptable service provider.
SEC. 893. AMENDMENTS TO CONTRACTOR BUSINESS SYSTEM RE-
QUIREMENTS.
(a) BUSINESS SYSTEM REQUIREMENTS.—Section 893 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111–383; 10 U.S.C. 2302 note) is amended in sub-
section (b)(1), by striking ‘‘system requirements’’ and inserting ‘‘clear
and specific business system requirements that are identified and
made publicly available’’.
(b) THIRD-PARTY INDEPENDENT AUDITOR REVIEWS.—Section 893
of such Act is further amended—
(1) by redesignating subsections (c), (d), (e), (f), and (g) as
subsections (d), (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) REVIEW BY THIRD-PARTY INDEPENDENT AUDITORS.—The re-
view process for contractor business systems pursuant to subsection
(b)(2) shall—
‘‘(1) if a registered public accounting firm attests to the in-
ternal control assessment of a contractor, pursuant to section
404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)),
allow the contractor, subject to paragraph (3), to submit cer-
tified documentation from such registered public accounting
firm that the contractor business systems of the contractor meet
the business system requirements referred to in subsection (b)(1)
and to thereby eliminate the need for further review of the con-
tractor business systems by the Secretary of Defense;
‘‘(2) limit the review, subject to paragraph (3), of the con-
tractor business systems of a contractor that is not a covered
contractor to confirming that the contractor uses the same con-
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tractor business system for its Government and commercial

work and that the outputs of the contractor business system
based on statistical sampling are reasonable; and

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 328

‘‘(3) allow a milestone decision authority to require a review

of a contractor business system of a contractor that submits
documentation pursuant to paragraph (1) or that is not a cov-
ered contractor after determining in writing that such a review
is necessary to appropriately manage contractual risk.’’.
(c) AMENDMENT TO DEFINITION OF COVERED CONTRACTOR.—
Section 893 of such Act is further amended in subsection (g), as so
redesignated, by striking ‘‘means a contractor’’ and all that follows
and inserting ‘‘means a contractor that has covered contracts with
the United States Government accounting for greater than 1 percent
of its total gross revenue, except that the term does not include any
contractor that is exempt, under section 1502 of title 41, United
States Code, or regulations implementing that section, from using
full cost accounting standards established in that section.’’.
(d) REPEAL OF OBSOLETE DEADLINE.—Section 893 of such Act
is further amended in subsection (a) by striking ‘‘Not later than 270
days after the date of the enactment of this Act, the’’ and inserting
‘‘The’’.
SEC. 894. IMPROVED MANAGEMENT PRACTICES TO REDUCE COST AND
IMPROVE PERFORMANCE OF CERTAIN DEPARTMENT OF
DEFENSE ORGANIZATIONS.
(a) IN GENERAL.—Beginning not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall des-
ignate units, subunits, or entities of the Department of Defense,
other than Centers of Industrial and Technical Excellence des-
ignated pursuant to section 2474 of title 10, United States Code,
that conduct work that is commercial in nature or is not inherently
governmental to prioritize efforts to conduct business operations in
a manner that uses modern, commercial management practices and
principles to reduce the costs and improve the performance of such
organizations.
(b) ADOPTION OF MODERN BUSINESS PRACTICES.—The Sec-
retary shall ensure that each such unit, subunit, or entity of the De-
partment described in subsection (a) is authorized to adopt and im-
plement best commercial and business management practices to
achieve the goals described in such subsection.
(c) WAIVERS.—The Secretary shall authorize waivers of Depart-
ment of Defense, military service, and Defense Agency regulations,
as appropriate, to achieve the goals in subsection (a), including in
the following areas:
(1) Financial management.
(2) Human resources.
(3) Facility and plant management.
(4) Acquisition and contracting.
(5) Partnerships with the private sector.
(6) Other business and management areas as identified by
the Secretary.
(d) GOALS.—The Secretary of Defense shall identify savings
goals to be achieved through the implementation of the commercial
and business management practices adopted under subsection (b),
and establish a schedule for achieving the savings.
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(e) BUDGET ADJUSTMENT.—The Secretary shall establish poli-

cies to adjust organizational budget allocations, at the Secretary’s
discretion, for purposes of—

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 329

(1) using savings derived from implementation of best com-

mercial and business management practices for high priority
military missions of the Department of Defense;
(2) creating incentives for the most efficient and effective de-
velopment and adoption of new commercial and business man-
agement practices by organizations; and
(3) investing in the development of new commercial and
business management practices that will result in further sav-
ings to the Department of Defense.
(f) BUDGET BASELINES.—Beginning not later than one year
after the date of the enactment of this Act, each such unit, subunit,
or entity of the Department described in subsection (a) shall, in ac-
cordance with such guidance as the Secretary of Defense shall estab-
lish for purposes of this section—
(1) establish an annual baseline cost estimate of its oper-
ations; and
(2) certify that costs estimated pursuant to paragraph (1)
are wholly accounted for and presented in a format that is com-
parable to the format for the presentation of such costs for other
elements of the Department or consistent with best commercial
practices.
SEC. 895. EXEMPTION FROM REQUIREMENT FOR CAPITAL PLANNING
AND INVESTMENT CONTROL FOR INFORMATION TECH-
NOLOGY EQUIPMENT INCLUDED AS INTEGRAL PART OF A
WEAPON OR WEAPON SYSTEM.
(a) WAIVER AUTHORITY.—Notwithstanding subsection (c)(2) of
section 11103 of title 40, United States Code, a national security
system described in subsection (a)(1)(D) of such section shall not be
subject to the requirements of paragraphs (2) through (5) of section
11312(b) of such title unless the milestone decision authority deter-
mines in writing that application of such requirements is appro-
priate and in the best interests of the Department of Defense.
(b) MILESTONE DECISION AUTHORITY DEFINED.—In this section,
the term ‘‘milestone decision authority’’ has the meaning given the
term in section 2366a(d)(7) of title 10, United States Code.
SEC. 896. MODIFICATIONS TO PILOT PROGRAM FOR STREAMLINING
AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.
Section 873 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2306a note) is amended—
(1) in subsection (a)(2), by inserting ‘‘or Small Business
Technology Transfer Program’’ after ‘‘Small Business Innova-
tion Research Program’’;
(2) in subsection (b)—
(A) by inserting ‘‘subparagraphs (A), (B), and (C) of
section 2313(a)(2) of title 10, United States Code, and’’ be-
fore ‘‘subsection (b) of section 2313’’; and
(B) in paragraph (2), by inserting ‘‘, and if such per-
formance audit is initiated within 18 months of the con-
tract completion’’ before the period at the end;
(3) by redesignating subsections (c), (d), and (e) as sub-
sections (f), (g), and (h), respectively; and
(4) by inserting after subsection (b) the following new sub-
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sections:
‘‘(c) TREATMENT AS COMPETITIVE PROCEDURES.—Use of a tech-
nical, merit-based selection procedure or the Small Business Inno-

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vation Research Program or Small Business Technology Transfer

Program for the pilot program under this section shall be consid-
ered to be use of competitive procedures for purposes of chapter 137
of title 10, United States Code.
‘‘(d) DISCRETION TO USE NON-CERTIFIED ACCOUNTING SYS-
TEMS.—In executing programs under this pilot program, the Sec-
retary of Defense shall establish procedures under which a small
business or nontraditional contractor may engage an independent
certified public accountant for the review and certification of its ac-
counting system for the purposes of any audits required by regula-
tion, unless the head of the agency determines that this is not appro-
priate based on past performance of the specific small business or
nontraditional defense contractor, or based on analysis of other in-
formation specific to the award.
‘‘(e) GUIDANCE AND TRAINING.—The Secretary of Defense shall
ensure that acquisition and auditing officials are provided guidance
and training on the flexible use and tailoring of authorities under
the pilot program to maximize efficiency and effectiveness.’’.
SEC. 897. RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPART-
MENTS.
Section 804(d) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note), as
amended by section 864 of this Act, is further amended—
(1) in the subsection heading, by striking ‘‘FUND’’ and in-
serting ‘‘FUNDS’’;
(2) in paragraph (1), by striking ‘‘IN GENERAL.—The Sec-
retary’’ and inserting the following: ‘‘DEPARTMENT OF DEFENSE
RAPID PROTOTYPING FUND.—
‘‘(A) IN GENERAL.—The Secretary’’;
(3) by redesignating paragraphs (2) and (3) as subpara-
graphs (B) and (C), respectively, and moving such subpara-
graphs, as so redesignated, two ems to the right;
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’;
and
(5) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) RAPID PROTOTYPING FUNDS FOR THE MILITARY DEPART-
MENTS.—The Secretary of each military department may estab-
lish a military department-specific fund (and, in the case of the
Secretary of the Navy, including the Marine Corps) to provide
funds, in addition to other funds that may be available to the
military department concerned, for acquisition programs under
the rapid fielding and prototyping pathways established pursu-
ant to this section. Each military department-specific fund shall
consist of amounts appropriated or credited to the fund.’’.
SEC. 898. ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE
AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNT-
ABILITY, AND INTEGRITY; DEFENSE ACQUISITION UNI-
VERSITY TRAINING.
(a) ESTABLISHMENT OF PANEL ON DEPARTMENT OF DEFENSE
AND ABILITYONE CONTRACTING OVERSIGHT, ACCOUNTABILITY, AND
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INTEGRITY.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a panel to be known as the ‘‘Panel on Department of Defense

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 331

and AbilityOne Contracting Oversight, Accountability, and In-

tegrity’’ (hereafter in this section referred to as the ‘‘Panel’’). The
Panel shall be supported by the Defense Acquisition University,
established under section 1746 of title 10, United States Code,
and the National Defense University, including administrative
support.
(2) COMPOSITION.—The Panel shall be composed of the fol-
lowing:
(A) A representative of the Under Secretary of Defense
for Acquisition, Technology, and Logistics, who shall be the
chairman of the Panel.
(B) A representative from the AbilityOne Commission.
(C) A representative of the service acquisition executive
of each military department and Defense Agency (as such
terms are defined, respectively, in section 101 of title 10,
United States Code).
(D) A representative of the Under Secretary of Defense
(Comptroller).
(E) A representative of the Inspector General of the De-
partment of Defense and the AbilityOne Commission.
(F) A representative from each of the Army Audit Agen-
cy, the Navy Audit Service, the Air Force Audit Agency,
and the Defense Contract Audit Agency.
(G) The President of the Defense Acquisition Univer-
sity, or a designated representative.
(H) One or more subject matter experts on veterans em-
ployment from a veterans service organization.
(I) A representative of the Commission Directorate of
Veteran Employment of the AbilityOne Commission whose
duties include maximizing opportunities to employ signifi-
cantly disabled veterans in accordance with the regulations
of the AbilityOne Commission.
(J) One or more representatives from the Department of
Justice who are subject matter experts on compliance with
disability rights laws applicable to contracts of the Depart-
ment of Defense and the AbilityOne Commission.
(K) One or more representatives from the Department
of Justice who are subject matter experts on Department of
Defense contracts, Federal Prison Industries, and the re-
quirements of the Javits-Wagner-O’Day Act.
(L) Such other representatives as may be determined
appropriate by the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics.
(b) MEETINGS.—The Panel shall meet as determined necessary
by the chairman of the Panel, but not less often than once every
three months.
(c) DUTIES.—The Panel shall—
(1) review the status of and progress relating to the imple-
mentation of the recommendations of report number DODIG–
2016–097 of the Inspector General of the Department of Defense
titled ‘‘DoD Generally Provided Effective Oversight of
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AbilityOne Contracts’’, published on June 17, 2016;

(2) recommend actions the Department of Defense and the
AbilityOne Commission may take to eliminate waste, fraud,

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 332

and abuse with respect to contracts of the Department of De-

fense and the AbilityOne Commission;
(3) recommend actions the Department of Defense and the
AbilityOne Commission may take to ensure opportunities for the
employment of significantly disabled veterans and the blind
and other severely disabled individuals;
(4) recommend changes to law, regulations, and policy that
the Panel determines necessary to eliminate vulnerability to
waste, fraud, and abuse with respect to the performance of con-
tracts of the Department of Defense;
(5) recommend criteria for veterans with disabilities to be
eligible for employment opportunities through the programs of
the AbilityOne Commission that considers the definitions of dis-
ability used by the Secretary of Veterans Affairs and the
AbilityOne Commission;
(6) recommend ways the Department of Defense and the
AbilityOne Commission may explore opportunities for competi-
tion among qualified nonprofit agencies or central nonprofit
agencies and ensure an equitable selection and allocation of
work to qualified nonprofit agencies;
(7) recommend changes to business practices, information
systems, and training necessary to ensure that—
(A) the AbilityOne Commission complies with regu-
latory requirements related to the establishment and
maintenence of the procurement list established pursuant to
section 8503 of title 41, United States Code; and
(B) the Department of Defense complies with the statu-
tory and regulatory requirements for use of such procure-
ment list; and
(8) any other duties determined necessary by the Secretary
of Defense.
(d) CONSULTATION.—To carry out the duties described in sub-
section (c), the Panel may consult or contract with other executive
agencies and with experts from qualified nonprofit agencies or cen-
tral nonprofit agencies on—
(1) compliance with disability rights laws applicable to con-
tracts of the Department of Defense and the AbilityOne Com-
mission;
(2) employment of significantly disabled veterans; and
(3) vocational rehabilitation.
(e) AUTHORITY.—To carry out the duties described in subsection
(c), the Panel may request documentation or other information need-
ed from the AbilityOne Commission, central nonprofit agencies, and
qualified nonprofit agencies.
(f) PANEL RECOMMENDATIONS AND MILESTONE DATES.—
(1) MILESTONE DATES FOR IMPLEMENTING RECOMMENDA-
TIONS.—After consulting with central nonprofit agencies and
qualified nonprofit agencies, the Panel shall suggest milestone
dates for the implementation of the recommendations made
under subsection (c) and shall notify the congressional defense
committees, the Committee on Oversight and Government Re-
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form of the House of Representatives, the Committee on Home-

land Security and Governmental Affairs of the Senate, qualified
nonprofit agencies, and central nonprofit agencies of such dates.

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 333

(2) NOTIFICATION OF IMPLEMENTATION OF RECOMMENDA-

TIONS.—After the establishment of milestone dates under para-
graph (1), the Panel may review the activities, including con-
tracts, of the AbilityOne Commission, the central nonprofit
agencies, and the relevant qualified nonprofit agencies to deter-
mine if the recommendations made under subsection (c) are
being substantially implemented in good faith by the AbilityOne
Commission or such agencies. If the Panel determines that the
AbilityOne Commission or any such agency is not implementing
the recommendations, the Panel shall notify the Secretary of
Defense, the congressional defense committees, the Committee
on Oversight and Government Reform of the House of Rep-
resentatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(g) REMEDIES.—
(1) IN GENERAL.—Upon receiving notification under sub-
section (f)(2) and subject to the limitation in paragraph (2), the
Secretary of Defense may take one of the following actions:
(A) With respect to a notification relating to the
AbilityOne Commission, the Secretary may suspend compli-
ance with the requirement to procure a product or service
in section 8504 of title 41, United States Code, until the
date on which the Secretary notifies Congress, in writing,
that the AbilityOne Commission is substantially imple-
menting the recommendations made under subsection (c).
(B) With respect to a notification relating to a qualified
nonprofit agency, the Secretary may terminate a contract
with such agency that is in existence on the date of receipt
of such notification, or elect to not enter into a contract
with such agency after such date, until the date on which
the AbilityOne Commission certifies to the Secretary that
such agency is substantially implementing the rec-
ommendations made under subsection (c).
(C) With respect to a notification relating to a central
nonprofit agency, the Secretary may include a term in a
contract entered into after the date of receipt of such notifi-
cation with a qualified nonprofit agency that is under such
central nonprofit agency that states that such qualified
nonprofit agency shall not pay a fee to such central non-
profit agency until the date on which the AbilityOne Com-
mission certifies to the Secretary that such central nonprofit
agency is substantially implementing the recommendations
made under subsection (c).
(2) LIMITATION.—If the Secretary of Defense takes any of
the actions described in paragraph (1), the Secretary shall co-
ordinate with the AbilityOne Commission or the relevant cen-
tral nonprofit agency, as appropriate, to fully implement the
recommendations made under subsection (c). On the date on
which such recommendations are fully implemented, the Sec-
retary shall notify Congress, in writing, and the Secretary’s au-
thority under paragraph (1) shall terminate.
(h) PROGRESS REPORTS.—
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(1) CONSULTATION ON RECOMMENDATIONS.—Before submit-

ting the progress report required under paragraph (2), the
Panel shall consult with the AbilityOne Commission on draft

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 334

recommendations made pursuant to subsection (c). The Panel

shall include any recommendations of the AbilityOne Commis-
sion in the progress report submitted under paragraph (2).
(2) PROGRESS REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Panel shall submit to the
Secretary of Defense, the Chairman of the AbilityOne Commis-
sion, the congressional defense committees, the Committee on
Oversight and Government Reform of the House of Representa-
tives, and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a progress report on the activities
of the Panel.
(i) ANNUAL REPORT.—
(1) CONSULTATION ON REPORT.—Before submitting the an-
nual report required under paragraph (2), the Panel shall con-
sult with the AbilityOne Commission on the contents of the re-
port. The Panel shall include any recommendations of the
AbilityOne Commission in the report submitted under para-
graph (2).
(2) REPORT.—Not later than September 30, 2017, and an-
nually thereafter for the next three years, the Panel shall submit
to the Secretary of Defense, the Chairman of the AbilityOne
Commission, the congressional defense committees, the Com-
mittee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes—
(A) a summary of findings and recommendations for
the year covered by the report;
(B) a summary of the progress of the relevant qualified
nonprofit agencies or central nonprofit agencies in imple-
menting recommendations of the previous year’s report, if
applicable;
(C) an examination of the current structure of the
AbilityOne Commission to eliminate waste, fraud, and
abuse and to ensure contracting integrity and account-
ability for any violations of law or regulations;
(D) recommendations for any changes to the acquisi-
tion and contracting practices of the Department of Defense
and the AbilityOne Commission to improve the delivery of
goods and services to the Department of Defense; and
(E) recommendations for administrative safeguards to
ensure the Department of Defense and the AbilityOne Com-
mission are in compliance with the requirements of the
Javits-Wagner-O’Day Act, Federal civil rights law, and reg-
ulations and policy related to the performance of contracts
of the Department of Defense with qualified nonprofit agen-
cies and the contracts of the AbilityOne Commission with
central nonprofit agencies.
(j) SUNSET.—The Panel shall terminate on the date of submis-
sion of the last annual report required under subsection (i).
(k) INAPPLICABILITY OF FACA.—The requirements of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Panel established pursuant to subsection (a).
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(l) DEFENSE ACQUISITION UNIVERSITY TRAINING.—

(1) IN GENERAL.—The Secretary of Defense shall establish
a training program at the Defense Acquisition University estab-

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 335

lished under section 1746 of title 10, United States Code. Such
training shall include—
(A) information about—
(i) the mission of the AbilityOne Commission;
(ii) the employment of significantly disabled vet-
erans through contracts from the procurement list
maintained by the AbilityOne Commission;
(iii) reasonable accommodations and accessibility
requirements for the blind and other severely disabled
individuals; and
(iv) Executive orders and other subjects related to
the blind and other severely disabled individuals, as
determined by the Secretary of Defense; and
(B) procurement, acquisition, program management,
and other training specific to procuring goods and services
for the Department of Defense pursuant to the Javits-Wag-
ner-O’Day Act.
(2) ACQUISITION WORKFORCE ASSIGNMENT.—Members of the
acquisition workforce (as defined in section 101 of title 10,
United States Code) who have participated in the training de-
scribed in paragraph (1) are eligible for a detail to the
AbilityOne Commission.
(3) ABILITYONE COMMISSION ASSIGNMENT.—Career employ-
ees of the AbilityOne Commission may participate in the train-
ing program described in paragraph (1) on a non-reimbursable
basis for up to three years and on a non-reimbursable or reim-
bursable basis thereafter.
(4) FUNDING.—Amounts from the Department of Defense
Acquisition Workforce Development Fund established under sec-
tion 1705 of title 10, United States Code, are authorized for use
for the detail of members of the acquisition workforce to the
AbilityOne Commission.
(m) DEFINITIONS.—In this section:
(1) The term ‘‘AbilityOne Commission’’ means the Com-
mittee for Purchase From People Who Are Blind or Severely
Disabled established under section 8502 of title 41, United
States Code.
(2) The terms ‘‘blind’’, ‘‘qualified nonprofit agency for the
blind’’, ‘‘qualified nonprofit agency for other severely disabled’’,
and ‘‘severely disabled individual’’ have the meanings given
such terms under section 8501 of such title.
(3) The term ‘‘central nonprofit agency’’ means a central
nonprofit agency designated under section 8503(c) of such title.
(4) The term ‘‘executive agency’’ has the meaning given such
term in section 133 of such title.
(5) The term ‘‘Javits-Wagner-O’Day Act’’ means chapter 85
of such title.
(6) The term ‘‘qualified nonprofit agency’’ means—
(A) a qualified nonprofit agency for the blind; or
(B) a qualified nonprofit agency for other severely dis-
abled.
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(7) The term ‘‘significantly disabled veteran’’ means a vet-

eran (as defined in section 101 of title 38, United States Code)
who is a severely disabled individual.

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 336
SEC. 899. COAST GUARD MAJOR ACQUISITION PROGRAMS.
(a) FUNCTIONS OF CHIEF ACQUISITION OFFICER.—Section 56(c)
of title 14, United States Code, is amended by striking ‘‘and’’ after
the semicolon at the end of paragraph (8), striking the period at the
end of paragraph (9) and inserting ‘‘; and’’, and adding at the end
the following:
‘‘(10)(A) keeping the Commandant informed of the progress
of major acquisition programs (as that term is defined in sec-
tion 581);
‘‘(B) informing the Commandant on a continuing basis of
any developments on such programs that may require new or
revisited trade-offs among cost, schedule, technical feasibility,
and performance, including—
‘‘(i) significant cost growth or schedule slippage; and
‘‘(ii) requirements creep (as that term is defined in sec-
tion 2547(c)(1) of title 10); and
‘‘(C) ensuring that the views of the Commandant regarding
such programs on cost, schedule, technical feasibility, and per-
formance trade-offs are strongly considered by program man-
agers and program executive officers in all phases of the acqui-
sition process.’’.
(b) CUSTOMER SERVICE MISSION OF DIRECTORATE.—
(1) IN GENERAL.—Chapter 15 of title 14, United States
Code, is amended—
(A) in section 561(b)—
(i) in paragraph (1), by striking ‘‘; and’’ and insert-
ing a semicolon;
(ii) in paragraph (2), by striking the period and in-
serting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(3) to meet the needs of customers of major acquisition pro-
grams in the most cost-effective manner practicable.’’;
(B) in section 562, by repealing subsection (b) and re-
designating subsections (c), (d), (f), and (g) as subsections
(b), (c), (d), and (e), respectively;
(C) in section 563, by striking ‘‘Not later than 180 days
after the date of enactment of the Coast Guard Authoriza-
tion Act of 2010, the Commandant shall commence imple-
mentation of’’ and inserting ‘‘The Commandant shall main-
tain’’;
(D) by adding at the end of section 564 the following:
‘‘(c) ACQUISITION OF UNMANNED AERIAL SYSTEMS.—
‘‘(1) IN GENERAL.—During any fiscal year for which funds
are appropriated for the design or construction of the Offshore
Patrol Cutter, the Commandant—
‘‘(A) may not award a contract for design of an un-
manned aerial system for use by the Coast Guard; and
‘‘(B) may acquire an unmanned aerial system only—
‘‘(i) if such a system has been acquired by, or has
been used by, the Department of Defense or the Depart-
ment of Homeland Security, or a component thereof,
before the date on which the Commandant acquires the
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system; and
‘‘(ii) through an agreement with such a department
or component, unless the unmanned aerial system can

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 337

be obtained at less cost through independent contract

action.
‘‘(2) LIMITATIONS ON APPLICATION.—
‘‘(A) SMALL UNMANNED AERIAL SYSTEMS.—The limita-
tions in paragraph (1)(B) do not apply to any small un-
manned aerial system that consists of—
‘‘(i) an unmanned aircraft weighing less than 55
pounds on takeoff, including all components and
equipment on board or otherwise attached to the air-
craft; and
‘‘(ii) associated elements (including communication
links and the components that control such aircraft)
that are required for the safe and efficient operation of
such aircraft.
‘‘(B) PREVIOUSLY FUNDED SYSTEMS.—The limitations in
paragraph (1) do not apply to the design or acquisition of
an unmanned aerial system for which funds for research,
development, test, and evaluation have been received from
the Department of Defense or the Department of Homeland
Security’’;
(E) in subchapter II, by adding at the end the fol-
lowing:
‘‘§ 578. Role of Vice Commandant in major acquisition pro-
grams
‘‘The Vice Commandant—
‘‘(1) shall represent the customer of a major acquisition pro-
gram with regard to trade-offs made among cost, schedule,
technical feasibility, and performance with respect to such pro-
gram; and
‘‘(2) shall advise the Commandant in decisions regarding
the balancing of resources against priorities, and associated
trade-offs referred to in paragraph (1), on behalf of the cus-
tomer of a major acquisition program.
‘‘§ 579. Extension of major acquisition program contracts
‘‘(a) IN GENERAL.—Notwithstanding section 564(a)(2) of this
title and section 2304 of title 10, and subject to subsections (b) and
(c) of this section, the Secretary may acquire additional units pro-
cured under a Coast Guard major acquisition program contract, by
extension of such contract without competition, if the Director of the
Cost Analysis Division of the Department of Homeland Security de-
termines that the costs that would be saved through award of a new
contract in accordance with such sections would not exceed the costs
of such an award.
‘‘(b) LIMITATION ON NUMBER OF ADDITIONAL UNITS.—The num-
ber of additional units acquired under a contract extension under
this section may not exceed the number of additional units for
which such determination is made.
‘‘(c) DETERMINATION OF COSTS UPON REQUEST.—The Director
of the Cost Analysis Division of the Department of Homeland Secu-
rity shall, at the request of the Secretary, determine for purposes of
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this section—
‘‘(1) the costs that would be saved through award of a new
major acquisition program contract in accordance with section

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 338

564(a)(2) for the acquisition of a number of additional units

specified by the Secretary; and
‘‘(2) the costs of such award, including the costs that would
be incurred due to acquisition schedule delays and asset design
changes associated with such award.
‘‘(d) NUMBER OF EXTENSIONS.—A contract may be extended
under this section more than once.’’; and
(F) in section 581—
(i) by redesignating paragraphs (7) through (10) as
paragraphs (9) through (12), respectively, and by redes-
ignating paragraphs (3) through (6) as paragraphs (4)
through (7), respectively;
(ii) by inserting after paragraph (2) the following:
‘‘(3) CUSTOMER OF A MAJOR ACQUISITION PROGRAM.—The
term ‘customer of a major acquisition program’ means the oper-
ating field unit of the Coast Guard that will field the system
or systems acquired under a major acquisition program.’’; and
(iii) by inserting after paragraph (7), as so redesig-
nated, the following:
‘‘(8) MAJOR ACQUISITION PROGRAM.—The term ‘major acqui-
sition program’ means an ongoing acquisition undertaken by
the Coast Guard with a life-cycle cost estimate greater than or
equal to $300,000,000.’’.
(2) CLERICAL AMENDMENT.—The analysis at the beginning
of such chapter is amended by adding at the end of the items
relating to subchapter II the following:
‘‘578. Role of Vice Commandant in major acquisition programs.
‘‘579. Extension of major acquisition program contracts.’’.
(c) REVIEW REQUIRED.—
(1) REQUIREMENT.—The Commandant of the Coast Guard
shall conduct a review of—
(A) the authorities provided to the Commandant in
chapter 15 of title 14, United States Code, and other rel-
evant statutes and regulations related to Coast Guard ac-
quisitions, including developing recommendations to ensure
that the Commandant plays an appropriate role in the de-
velopment of requirements, acquisition processes, and the
associated budget practices;
(B) implementation of the strategy prepared in accord-
ance with section 562(b)(2) of title 14, United States Code,
as in effect before the enactment of the National Defense
Authorization Act for Fiscal Year 2017; and
(C) acquisition policies, directives, and regulations of
the Coast Guard to ensure such policies, directives, and
regulations establish a customer-oriented acquisition sys-
tem.
(2) REPORT.—Not later than March 1, 2017, the Com-
mandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate
a report containing, at a minimum, the following:
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(A) The recommendations developed by the Com-

mandant under paragraph (1) and other results of the re-
view conducted under such paragraph.

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 339

(B) The actions the Commandant is taking, if any,

within the Commandant’s existing authority to implement
such recommendations.
(3) MODIFICATION OF POLICIES, DIRECTIVES, AND REGULA-
TIONS.—Not later than one year after the date of the enactment
of this Act, the Commandant of the Coast Guard shall modify
the acquisition policies, directives, and regulations of the Coast
Guard as necessary to ensure the development and implementa-
tion of a customer-oriented acquisition system, pursuant to the
review under paragraph (1)(C).
(d) ANALYSIS OF USING MULTIYEAR CONTRACTING.—
(1) IN GENERAL.—No later than one year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit to the Com-
mittee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an analysis of the use of multiyear
contracting, including procurement authority provided under
section 2306b of title 10, United States Code, and authority
similar to that granted to the Navy under section 121(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Pub-
lic Law 105–85; 111 Stat. 1648) and section 150 of the Con-
tinuing Appropriations Act, 2011 (Public Law 111–242; 124
Stat. 3519), to acquire any combination of at least five—
(A) Fast Response Cutters, beginning with hull 43; and
(B) Offshore Patrol Cutters, beginning with hull 5.
(2) CONTENTS.—The analysis under paragraph (1) shall in-
clude the costs and benefits of using multiyear contracting, the
impact of multiyear contracting on delivery timelines, and
whether the acquisitions examined would meet the tests for the
use of multiyear procurement authorities.
SEC. 899A. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERV-
ICES PRODUCED IN AFRICA IN SUPPORT OF CERTAIN AC-
TIVITIES.
(a) IN GENERAL.—Except as provided in subsection (c), in the
case of a product or service to be acquired in support of covered ac-
tivities in a covered African country for which the Secretary of De-
fense makes a determination described in subsection (b), the Sec-
retary may conduct a procurement in which—
(1) competition is limited to products or services from the
host nation;
(2) a preference is provided for products or services from
the host nation; or
(3) a preference is provided for products or services from a
covered African country, other than the host nation.
(b) DETERMINATION.—
(1) IN GENERAL.—A determination described in this sub-
section is a determination by the Secretary of any of the fol-
lowing:
(A) That the product or service concerned is to be used
only in support of covered activities.
(B) That it is in the national security interests of the
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United States to limit competition or provide a preference

as described in subsection (a) because such limitation or
preference is necessary—

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 340

(i) to reduce overall United States transportation

costs and risks in shipping products in support of oper-
ations, exercises, theater security cooperation activities,
and other missions in the African region;
(ii) to reduce delivery times in support of covered
activities; or
(iii) to promote regional security and stability in
Africa.
(C) That the product or service is of equivalent quality
to a product or service that would have otherwise been ac-
quired without such limitation or preference.
(2) REQUIREMENT FOR EFFECTIVENESS OF ANY PARTICULAR
DETERMINATION.—A determination under paragraph (1) shall
not be effective for purposes of a limitation or preference under
subsection (a) unless the Secretary also determines that—
(A) the limitation or preference will not adversely af-
fect—
(i) United States military operations or stability
operations in the African region; or
(ii) the United States industrial base; and
(B) in the case of air transportation, an air carrier
holding a certificate under section 41102 of title 49, United
States Code, is not reasonably available to provide the air
transportation.
(c) INAPPLICABILITY OF AUTHORITY TO PROCUREMENT OF ITEMS
ON ABILITYONE PROCUREMENT CATALOG.—The authority under sub-
section (a) may not be used for the procurement of any good that
is contained in the procurement list described in section 8503(a) of
title 41, United States Code, if such good can be produced and de-
livered by a qualified non profit agency for the blind or a nonprofit
agency for other severely disabled in a timely fashion to support
mission requirements.
(d) REPORT ON USE OF AUTHORITY.—Not later than December
31, 2017, the Secretary shall submit to the congressional defense
committees a report on the use of the authority in subsection (a).
The report shall include, but not be limited to, the following:
(1) The number of determinations made by the Secretary
pursuant to subsection (b).
(2) A list of the countries providing products or services as
a result of determinations made pursuant to subsection (b).
(3) A description of the products and services acquired
using the authority.
(4) The extent to which the use of the authority has met the
one or more of the objectives specified in clause (i), (ii), or (iii)
of subsection (b)(1)(B).
(5) Such recommendations for improvements to the author-
ity as the Secretary considers appropriate.
(6) Such other matters as the Secretary considers appro-
priate.
(e) DEFINITIONS.—In this section:
(1) COVERED ACTIVITIES.—The term ‘‘covered activities’’
means Department of Defense activities in the African region or
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a regional neighbor.
(2) COVERED AFRICAN COUNTRY.—The term ‘‘covered Afri-
can country’’ means a country in Africa that has signed a long-

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 341

term agreement with the United States related to the basing or

operational needs of the United States Armed Forces.
(3) HOST NATION.—The term ‘‘host nation’’ means a nation
that allows the Armed Forces and supplies of the United States
to be located on, to operate in, or to be transported through its
territory.
(4) PRODUCT OR SERVICE OF A COVERED AFRICAN COUN-
TRY.—The term ‘‘product or service of a covered African coun-
try’’ means the following:
(A) A product from a covered African country that is
wholly grown, mined, manufactured, or produced in the
covered African country.
(B) A service from a covered African country that is
performed by a person or entity that—
(i) is properly licensed or registered by appropriate
authorities of the covered African country; and
(ii) as determined by the Chief of Mission con-
cerned—
(I) is operating primarily in the covered Afri-
can country; or
(II) is making a significant contribution to the
economy of the covered African country through
payment of taxes or use of products, materials, or
labor that are primarily grown, mined, manufac-
tured, produced, or sourced from the covered Afri-
can country.
(f) CONFORMING AMENDMENT.—Section 1263 of the National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113–
291; 128 Stat. 3581) is repealed.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT

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

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

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

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

Subtitle C—Joint Chiefs of Staff and Combatant Command Matters

Sec. 921. Joint Chiefs of Staff and related combatant command matters.
Sec. 922. Organization of the Department of Defense for management of special op-
erations forces and special operations.
Sec. 923. Establishment of unified combatant command for cyber operations.
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Sec. 924. Assigned forces of the combatant commands.

Sec. 925. Modifications to the requirements process.
Sec. 926. Review of combatant command organization.

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 342
Subtitle D—Organization and Management of Other Department of Defense Offices
and Elements
Sec. 931. Qualifications for appointment of the Secretaries of the military depart-
ments.
Sec. 932. Enhanced personnel management authorities for the Chief of the National
Guard Bureau.
Sec. 933. Reorganization and redesignation of Office of Family Policy and Office of
Community Support for Military Families with Special Needs.
Sec. 934. Redesignation of Assistant Secretary of the Air Force for Acquisition as As-
sistant Secretary of the Air Force for Acquisition, Technology, and Lo-
gistics.
Subtitle E—Strategies, Reports, and Related Matters
Sec. 941. National defense strategy.
Sec. 942. Commission on the National Defense Strategy for the United States.
Sec. 943. Reform of the national military strategy.
Sec. 944. Form of annual national security strategy report.
Sec. 945. Modification to independent study of national security strategy formula-
tion process.
Subtitle F—Other Matters
Sec. 951. Enhanced security programs for Department of Defense personnel and in-
novation initiatives.
Sec. 952. Modification of authority of the Secretary of Defense relating to protection
of the Pentagon Reservation and other Department of Defense facilities
in the National Capital Region.
Sec. 953. Modifications to requirements for accounting for members of the Armed
Forces and Department of Defense civilian employees listed as missing.
Sec. 954. Modifications to corrosion report.

Subtitle A—Office of the Secretary of Defense and Related

Matters
SEC. 901. ORGANIZATION OF THE OFFICE OF THE SECRETARY OF DE-
FENSE.
(a) UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGI-
NEERING.—
(1) IN GENERAL.—Effective on February 1, 2018, chapter 4
of title 10, United States Code, is amended by striking section
133 and inserting the following new section:
‘‘§ 133a. Under Secretary of Defense for Research and Engi-
neering
‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an Under Sec-
retary of Defense for Research and Engineering, appointed from ci-
vilian life by the President, by and with the advice and consent of
the Senate. The Under Secretary shall be appointed from among
persons who have an extensive technology, science, or engineering
background and experience with managing complex or advanced
technological programs. A person may not be appointed as Under
Secretary within seven years after relief from active duty as a com-
missioned officer of a regular component of an armed force.
‘‘(b) DUTIES AND POWERS.—Subject to the authority, direction,
and control of the Secretary of Defense, the Under Secretary shall
perform such duties and exercise such powers as the Secretary may
prescribe, including—
‘‘(1) serving as the chief technology officer of the Depart-
ment of Defense with the mission of advancing technology and
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innovation for the armed forces (and the Department);

‘‘(2) establishing policies on, and supervising, all defense re-
search and engineering, technology development, technology

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 343

transition, prototyping, experimentation, and developmental

testing activities and programs, including the allocation of re-
sources for defense research and engineering, and unifying de-
fense research and engineering efforts across the Department;
and
‘‘(3) serving as the principal advisor to the Secretary on all
research, engineering, and technology development activities
and programs in the Department.
‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.—
‘‘(1) PRECEDENCE IN MATTERS OF RESPONSIBILITY.—With
regard to all matters for which the Under Secretary has respon-
sibility by the direction of the Secretary of Defense or by law,
the Under Secretary takes precedence in the Department of De-
fense after the Secretary and the Deputy Secretary of Defense.
‘‘(2) PRECEDENCE IN OTHER MATTERS.—With regard to all
matters other than the matters for which the Under Secretary
has responsibility by the direction of the Secretary or by law,
the Under Secretary takes precedence in the Department of De-
fense after the Secretary, the Deputy Secretary, and the Secre-
taries of the military departments.’’.
(2) SERVICE OF INCUMBENT USD FOR ATL IN POSITION.—The
individual serving as Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics under section 133 of title 10,
United States Code, as of February 1, 2018, may continue to
serve as Under Secretary of Defense for Research and Engineer-
ing commencing as of that date, without further appointment
under section 133a of such title, as added by paragraph (1).
(b) UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
SUSTAINMENT.—Effective on February 1, 2018, chapter 4 of title 10,
United States Code, is further amended by inserting after section
133a, as added by subsection (a), the following new section:
‘‘§ 133b. Under Secretary of Defense for Acquisition and
Sustainment
‘‘(a) UNDER SECRETARY OF DEFENSE.—There is an Under Sec-
retary of Defense for Acquisition and Sustainment, appointed from
civilian life by the President, by and with the advice and consent
of the Senate. The Under Secretary shall be appointed from among
persons who have an extensive system development, engineering,
production, or management background and experience with man-
aging complex programs. A person may not be appointed as Under
Secretary within seven years after relief from active duty as a com-
missioned officer of a regular component of an armed force.
‘‘(b) DUTIES AND POWERS.—Subject to the authority, direction,
and control of the Secretary of Defense, the Under Secretary shall
perform such duties and exercise such powers as the Secretary may
prescribe, including—
‘‘(1) serving as the chief acquisition and sustainment officer
of the Department of Defense with the mission of delivering and
sustaining timely, cost-effective capabilities for the armed forces
(and the Department);
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‘‘(2) establishing policies on, and supervising, all elements

of the Department relating to acquisition (including system de-
sign, development, and production, and procurement of goods

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 344

and services) and sustainment (including logistics, mainte-

nance, and materiel readiness);
‘‘(3) establishing policies for access to, and maintenance of,
the defense industrial base and materials critical to national se-
curity, and policies on contract administration;
‘‘(4) serving as—
‘‘(A) the principal advisor to the Secretary on acquisi-
tion and sustainment in the Department;
‘‘(B) the senior procurement executive for the Depart-
ment for the purposes of section 1702(c) of title 41; and
‘‘(C) the Defense Acquisition Executive for purposes of
regulations and procedures of the Department providing for
a Defense Acquisition Executive;
‘‘(5) overseeing the modernization of nuclear forces and the
development of capabilities to counter weapons of mass destruc-
tion, and serving as the chairman of the Nuclear Weapons
Council and the co-chairman of the Council on Oversight of the
National Leadership Command, Control, and Communications
System;
‘‘(6) the authority to direct the Secretaries of the military
departments and the heads of all other elements of the Depart-
ment with regard to matters for which the Under Secretary has
responsibility, except that the Under Secretary shall exercise su-
pervisory authority over service acquisition programs for which
the service acquisition executive is the milestone decision au-
thority; and
‘‘(7) to the extent directed by the Secretary, exercising over-
all supervision of all personnel (civilian and military) in the Of-
fice of the Secretary of Defense with regard to matters for which
the Under Secretary has responsibility, unless otherwise pro-
vided by law.
‘‘(c) PRECEDENCE IN DEPARTMENT OF DEFENSE.—
‘‘(1) PRECEDENCE IN MATTERS OF RESPONSIBILITY.—With
regard to all matters for which the Under Secretary has respon-
sibility by the direction of the Secretary of Defense or by law,
the Under Secretary takes precedence in the Department of De-
fense after the Secretary, the Deputy Secretary of Defense, and
the Under Secretary of Defense for Research and Engineering.
‘‘(2) PRECEDENCE IN OTHER MATTERS.—With regard to all
matters other than the matters for which the Under Secretary
has responsibility by the direction of the Secretary or by law,
the Under Secretary takes precedence in the Department of De-
fense after the Secretary, the Deputy Secretary, the Under Sec-
retary of Defense for Research and Engineering, and the Secre-
taries of the military departments.’’.
(c) CHIEF MANAGEMENT OFFICER.—
(1) IN GENERAL.—Effective on February 1, 2018, there is a
Chief Management Officer of the Department of Defense.
(2) APPOINTMENT.—The Chief Management Officer shall be
appointed from civilian life by the President, by and with the
advice and consent of the Senate. The Chief Management Offi-
cer shall be appointed from among persons who have an exten-
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sive management or business background and experience with

managing large or complex organizations. A person may not be
appointed as Chief Management Officer within seven years after

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 345

relief from active duty as a commissioned officer of a regular

component of an Armed Force
(3) DUTIES AND POWERS.—Subject to the authority, direc-
tion, and control of the Secretary of Defense, the Chief Manage-
ment Officer shall perform such duties and exercise such powers
as the Secretary may prescribe, including—
(A) serving as the chief management officer of the De-
partment of Defense with the mission of managing the busi-
ness operations of the Department;
(B) establishing policies on, and supervising, all busi-
ness operations of the Department, including business
transformation, business planning and processes, perform-
ance management, and business information technology
management and improvement activities and programs, in-
cluding the allocation of resources for business operations,
and unifying business management efforts across the De-
partment;
(C) serving as the principal advisor to the Secretary on
all business operations activities and programs in the De-
partment; and
(D) the authority to direct the Secretaries of the mili-
tary departments and the heads of all other elements of the
Department with regard to matters for which the Chief
Management Officer has responsibility.
(4) CONFORMING AMENDMENTS.—Effective on February 1,
2018, section 132 of title 10, United States Code, is amended—
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as sub-
sections (c) and (d), respectively.
(d) REPEAL OF PENDING AUTHORITY TO ESTABLISH UNDER SEC-
RETARY OF DEFENSE FOR BUSINESS MANAGEMENT AND INFORMA-
TION.—Subsection (a) of section 901 of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113–291; 128 Stat. 3462) is repealed.
(e) REPEAL OF CERTAIN ASD AND DIRECTOR POSITIONS.—Chap-
ter 4 of title 10, United States Code, is further amended—
(1) in section 138(b)—
(A) by striking paragraphs (6), (7), (8), and (9); and
(B) by redesignating paragraph (10) as paragraph (6);
and
(2) by striking sections 139b and 139c.
(f) OFFICE OF THE SECRETARY OF DEFENSE.—Effective on Feb-
ruary 1, 2018, section 131(b)(2) of title 10, United States Code, is
amended—
(1) by redesignating subparagraphs (B) through (E) as sub-
paragraphs (C) through (F), respectively; and
(2) by striking subparagraph (A) and inserting the fol-
lowing new subparagraphs:
‘‘(A) The Under Secretary of Defense for Research and
Engineering.
‘‘(B) The Under Secretary of Defense for Acquisition
and Sustainment.’’.
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(g) TABLE OF SECTION AMENDMENTS.—

(1) TABLE OF SECTIONS EFFECTIVE ON ENACTMENT.—The
table of sections at the beginning of chapter 4 of title 10, United

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 346

States Code, is amended by striking the items relating to sec-

tions 139b and 139c.
(2) TABLE OF SECTIONS EFFECTIVE ON DELAYED EFFECTIVE
DATE.—Effective on February 1, 2018, the table of sections at
the beginning of chapter 4 of such title is further amended by
striking the item relating to section 133 and inserting the fol-
lowing new items:
‘‘133a. Under Secretary of Defense for Research and Engineering.
‘‘133b. Under Secretary of Defense for Acquisition and Sustainment.’’.
(h) EXECUTIVE SCHEDULE LEVEL II.—Effective on February 1,
2018, section 5313 of title 5, United States Code, is amended by
striking the item relating to the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics and inserting the following new
items:
‘‘Under Secretary of Defense for Research and Engineering.
‘‘Under Secretary of Defense for Acquisition and
Sustainment.’’.
(i) REVIEW REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall conduct a
review and identify a recommended organizational and man-
agement structure for the Department of Defense that imple-
ments the organizational policy guidance expressed in this sec-
tion and the amendments made by this section.
(2) ELEMENTS .—The review and recommendations shall
address, but not be limited to, the following:
(A) The organizational and management structure of
the Department including the disposition of leadership po-
sitions, subordinate organizations, and defined relation-
ships across such leadership positions and organizations.
(B) The recommended disposition within the Office of
the Secretary of Defense of the various Assistant Secretaries
of Defense, Deputy Assistant Secretaries of Defense, and Di-
rectors affected by the organizational policy guidance.
(C) The specific delineation of roles, responsibilities,
and authorities, as directed by the Secretary, for the orga-
nizational and management structure covered by subpara-
graph (A).
(j) REPORTS.—
(1) INTERIM REPORT.—Not later than March 1, 2017, the
Secretary of Defense shall submit to the congressional defense
committees an interim report on the review and recommended
organizational and management structure for the Department
of Defense as required by subsection (i).
(2) FINAL REPORT.—Not later than August 1, 2017, the Sec-
retary shall submit to the congressional defense committees a
final report on the review and recommended organizational and
management structure, including—
(A) a proposed implementation plan for how the De-
partment would implement its recommendations;
(B) recommendations for revisions to appointments and
qualifications, duties and powers, and precedent in the De-
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partment;
(C) recommendations for such legislative and adminis-
trative action, including conforming and other amendments

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 347

to law, as the Secretary considers appropriate to implement

the plan; and
(D) any other matters that the Secretary considers ap-
propriate.
SEC. 902. RESPONSIBILITIES AND REPORTING OF THE CHIEF INFOR-
MATION OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Section 142(b)(1) of title 10, United States
Code, is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
‘‘(E) exercises authority, direction, and control over the De-
fense Information Systems Agency, or any successor organiza-
tion;
‘‘(F) has the responsibilities for policy, oversight, guidance,
and coordination for all Department of Defense matters related
to electromagnetic spectrum, including coordination with other
Federal and industry agencies, coordination for classified pro-
grams, and in coordination with the Under Secretary for Per-
sonnel and Readiness, policies related to spectrum management
workforce;
‘‘(G) has the responsibilities for policy, oversight, guidance,
and coordination for nuclear command and control systems;
‘‘(H) has the responsibilities for policy, oversight, and guid-
ance for matters related to precision navigation and timing;
and
‘‘(I) has the responsibilities for policy, oversight, and guid-
ance for the architecture and programs related to the net-
working and cyber defense architecture of the Department.’’.
(b) DIRECT REPORTING.—Section 151(b)(5) of such title is
amended by inserting before the period at the end the following: ‘‘,
who reports directly to the Secretary and Deputy Secretary without
intervening authority’’.
SEC. 903. MAXIMUM NUMBER OF PERSONNEL IN THE OFFICE OF THE
SECRETARY OF DEFENSE AND OTHER DEPARTMENT OF
DEFENSE HEADQUARTERS OFFICES.
(a) OFFICE OF THE SECRETARY OF DEFENSE.—Section 143(b) of
title 10, United States Code, is amended by striking ‘‘and civilian
personnel’’ and inserting ‘‘, civilian, and detailed personnel’’.
(b) JOINT STAFF.—
(1) IN GENERAL.—Section 155 of such title is amended by
adding at the end the following new subsection:
‘‘(h) PERSONNEL LIMITATIONS.—(1) The total number of mem-
bers of the armed forces and civilian employees assigned or detailed
to permanent duty for the Joint Staff may not exceed 2,069.
‘‘(2) Not more than 1,500 members of the armed forces on the
active-duty list may be assigned or detailed to permanent duty for
the Joint Staff.
‘‘(3) The limitations in paragraphs (1) and (2) do not apply in
time of war.
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‘‘(4) Each limitation in paragraphs (1) and (2) may be exceeded

by a number equal to 15 percent of such limitation in time of na-
tional emergency.’’.

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(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall take effect on December 31, 2019.
(c) OFFICE OF THE SECRETARY OF THE ARMY.—Section 3014(f)
of such title is amended—
(1) in paragraph (4), by striking ‘‘time of war’’ and all that
follows and inserting ‘‘time of war.’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded
by a number equal to 15 percent of such limitation in time of na-
tional emergency.’’.
(d) OFFICE OF THE SECRETARY OF THE NAVY.—Section 5014(f)
of such title is amended—
(1) in paragraph (4), by striking ‘‘time of war’’ and all that
follows and inserting ‘‘time of war.’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded
by a number equal to 15 percent of such limitation in time of na-
tional emergency.’’.
(e) OFFICE OF THE SECRETARY OF THE AIR FORCE.—Section
8014(f) of such title is amended—
(1) in paragraph (4), by striking ‘‘time of war’’ and all that
follows and inserting ‘‘time of war.’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) Each limitation in paragraphs (1) and (2) may be exceeded
by a number equal to 15 percent of such limitation in time of na-
tional emergency.’’.
SEC. 904. REPEAL OF FINANCIAL MANAGEMENT MODERNIZATION EX-
ECUTIVE COMMITTEE.
(a) REPEAL.—Section 185 of title 10, United States Code, is re-
pealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 7 of such title is amended by striking the item relat-
ing to section 185.
Subtitle B—Organization and Management of the
Department of Defense Generally
SEC. 911. ORGANIZATIONAL STRATEGY FOR THE DEPARTMENT OF DE-
FENSE.
(a) ORGANIZATIONAL STRATEGY REQUIRED.—
(1) IN GENERAL.—Not later than September 1, 2017, the
Secretary of Defense shall formulate and issue to the Depart-
ment of Defense an organizational strategy for the Department
that—
(A) identifies the critical objectives and other organiza-
tional outputs for the Department that span multiple func-
tional boundaries and would benefit from the use of cross-
functional teams under this section to ensure collaboration
and integration across organizations within the Depart-
ment;
(B) improves the manner in which the Department in-
tegrates the expertise and capacities of the functional com-
ponents of the Department for effective and efficient
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achievement of such objectives and outputs;

(C) improves the management of relationships and
processes involving the Office of the Secretary of Defense,

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 349

the Joint Staff, the combatant commands, the military de-

partments, and the Defense Agencies with regard to such
objectives and outputs;
(D) improves the ability of the Department to work ef-
fectively in interagency processes with regard to such objec-
tives and outputs in order to better serve the President; and
(E) achieves an organizational structure that enhances
performance with regard to such objectives and outputs.
(2) ELEMENTS.—The strategy shall provide for the fol-
lowing:
(A) The appropriate use of cross-functional teams to
manage critical objectives and outputs of the Department
described in paragraph (1)(A).
(B) The furtherance and advancement of a collabo-
rative, team-oriented, results-driven, and innovative culture
within the Department that fosters an open debate of ideas
and alternative courses of action, and supports cross-func-
tional teaming and integration.
(b) ACTIONS IN SUPPORT OF STRATEGY.—
(1) STUDY.—The Department of Defense shall conduct a
study of the following in order to determine how best to imple-
ment effective cross-functional teams in the Department to
achieve the strategic objectives of the Secretary of Defense:
(A) Lessons learned, as reflected in academic literature,
business and management school case studies, and the
work of leading management consultant firms, on the suc-
cessful and failed application of cross-functional teams in
the private sector and government, and on the cultural fac-
tors necessary to support effective cross-functional teams.
(B) The historical and current use by the Department
of cross-functional working groups, integrated process
teams, councils, and committees, and the reasons why such
entities have or have not achieved high levels of teamwork
or effectiveness.
(2) CONDUCT OF STUDY.—The study required by paragraph
(1) shall be conducted by an independent organization with
widely acknowledged expertise in modern organizational man-
agement and teaming selected by the Secretary for purposes of
the study.
(3) SCHEDULE.—The Secretary shall award any necessary
contract for the study required by paragraph (1) pursuant to
paragraph (2) by not later than March 15, 2017, and shall pro-
vide the results of the study to the congressional defense com-
mittees by not later than July 15, 2017.
(c) CROSS-FUNCTIONAL TEAMS.—In support of the strategy re-
quired by subsection (a):
(1) IN GENERAL.—The Secretary of Defense shall establish
cross-functional teams to address critical objectives and outputs
for such teams as are determined to be appropriate in accord-
ance with the organizational strategy issued under subsection
(a), with initial teams established by not later than September
30, 2017.
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(2) PURPOSES.—The purposes of cross-functional teams es-

tablished pursuant to this subsection shall be, as determined
appropriate by the Secretary—

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 350

(A) to provide for effective collaboration and integra-

tion across organizational and functional boundaries in the
Department of Defense;
(B) to develop, at the direction of the Secretary, rec-
ommendations for comprehensive and fully integrated poli-
cies, strategies, plans, and resourcing decisions;
(C) to make decisions on cross-functional issues, to the
extent authorized by the Secretary and within parameters
established by the Secretary; and
(D) to provide oversight for and, as directed by the Sec-
retary, supervise the implementation of approved policies,
strategies, plans, and resourcing decisions approved by the
Secretary.
(3) GUIDANCE ON TEAMS.—Not later than September 30,
2017, the Secretary shall issue guidance—
(A) addressing the role, authorities, reporting relation-
ships, resourcing, manning, training, and operations of
cross-functional teams established pursuant to this sub-
section;
(B) delineating decision-making authority of such
teams;
(C) providing that the leaders of functional components
of the Department that provide personnel to such teams re-
spect and respond to team needs and activities; and
(D) emphasizing that personnel selected for assignment
to such teams shall faithfully represent the views and ex-
pertise of their functional components while contributing to
the best of their ability to the success of the team concerned.
(4) PARTICIPANTS.—In establishing a cross-functional team
pursuant to this subsection, the Secretary shall consider per-
sonnel from the Office of the Secretary of Defense, the Joint
Staff, the military departments, and the Defense Agencies in all
functional areas that the Secretary considers appropriate.
(5) TEAM PERSONNEL.—For each cross-functional team es-
tablished by the Secretary pursuant to this subsection, the Sec-
retary shall—
(A) assign as leader of such team a senior qualified
and experienced individual, who shall report directly to the
Secretary regarding the activities of such team;
(B) delegate to the team leader designated pursuant to
subparagraph (A) authority to select members of such team
from among civilian employees of the Department and
members of the Armed Forces in any grade who are rec-
ommended for membership on such team by the head of a
functional component of the Department within the Office
of the Secretary of Defense, the Joint Staff, and the military
departments, by the commander of a combatant command,
or by the director of a Defense Agency;
(C) provide the team leader with necessary full time
support from team members, and the means to co-locate
team members;
(D) ensure that team members and all leaders in func-
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tional organizations that are in the supervisory chain for

personnel serving on such team receive training in elements
of successful cross-functional teams, including teamwork,

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 351

collaboration, conflict resolution, and appropriately rep-

resenting the views and expertise of their functional compo-
nents; and
(E) ensure that the congressional defense committees
are provided information on the progress and results of
such team upon request.
(6) TEAM STRATEGIES AND DECISION-MAKING AUTHORITY.—
(A) IN GENERAL.—The Secretary shall ensure that the
objectives of each cross-functional team established pursu-
ant to this subsection are clearly established in writing,
through a memorandum, statement, charter, or similar
document.
(B) METRICS.—To improve team performance and ac-
countability, the Secretary shall task each team, as appro-
priate, to establish a strategy to achieve the objectives speci-
fied by the Secretary, metrics for evaluation of the achieve-
ment of such objectives by such team, and the alignment of
individual and team goals for the achievement of such ob-
jectives by such team.
(C) DELEGATION OF AUTHORITY.—The Secretary may
delegate to a team any decision-making authority that, and
shall delegate such authority as, the Secretary considers
appropriate to permit such team to achieve the objectives
established by the Secretary.
(7) REVIEW OF TEAMS.—Not later than 18 months after the
date on which the first cross-functional team is established pur-
suant to this subsection, the Secretary shall complete an anal-
ysis, with support from external experts in organizational and
management sciences, of the successes and failures of teams es-
tablished pursuant to this subsection, and determine how to
apply the lessons learned from that analysis.
(8) REPORT ON ESTABLISHMENT.—Not later than 18 months
after the date of the enactment of this Act, the Secretary shall
submit to Congress a report on the establishment of cross-func-
tional teams under this subsection, including descriptions from
the leaders of teams established prior to the date on which this
report is submitted of the manner in which the teams were de-
signed and how they functioned.
(d) DIRECTIVE ON COLLABORATIVE CULTURE AND BEHAVIOR.—
The guidance issued by the Secretary of Defense pursuant to sub-
section (c)(3) shall also—
(1) articulate the shared purposes, values, and principles
for the operation of the Office of the Secretary of Defense that
are required to promote a team-oriented, collaborative, results-
driven culture within the Office to support the primary objec-
tives of the Department of Defense;
(2) ensure that collaboration across functional and organi-
zational boundaries is an important factor in the performance
review of leaders of cross-functional teams established pursuant
to subsection (c), members of teams, and other appropriate lead-
ers of the Department; and
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(3) identify key practices that senior leaders of the Depart-

ment should follow with regard to leadership, organizational
practice, collaboration, and the functioning of cross-functional

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teams, and the types of personnel behavior that senior leaders

should encourage and discourage.
(e) STREAMLINING OF ORGANIZATIONAL STRUCTURE AND PROC-
ESSES OF OSD.—Not later than 18 months after the date of the en-
actment of this Act, the Secretary of Defense shall take such actions
as the Secretary considers appropriate to streamline the organiza-
tional structure and processes of the Office of the Secretary of De-
fense in order to increase spans of control, achieve a reduction in
layers of management, eliminate unnecessary duplication between
the Office and the Joint Staff, and reduce the time required to com-
plete standard processes and activities.
(f) TRAINING FOR INDIVIDUALS NOMINATED FOR APPOINTMENT
FOR OSD POSITIONS CONFIRMED BY THE SENATE.—
(1) IN GENERAL.—Within three months of the appointment
of an individual to a position in the Office of the Secretary of
Defense appointable by and with the advice and consent of the
Senate, the individual shall complete a course of instruction in
leadership, modern organizational practice, collaboration, and
the operation of teams described in subsection (c).
(2) WAIVER.—The President may waive the requirement in
paragraph (1) with respect to an individual if the Secretary de-
termines in writing that the individual possesses, through
training and experience, the skill and knowledge otherwise to be
provided through a course of instruction as described in that
paragraph.
(g) COMPTROLLER GENERAL OF THE UNITED STATES ASSESS-
MENTS.—
(1) BIANNUAL REPORT ON ASSESSMENTS.—Not later than six
months after the date of the enactment of this Act, and every
six months thereafter through December 31, 2019, the Comp-
troller General of the United States shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report setting forth a comprehensive assessment
of the actions taken under this section during the six-month pe-
riod ending on the date of such report and cumulatively since
the date of the enactment of this Act.
(2) ASSESSMENT TEAM.—The Comptroller General may es-
tablish within the Government Accountability Office a team of
analysts to assist the Comptroller General in the performance
assessments required by this subsection.
SEC. 912. POLICY, ORGANIZATION, AND MANAGEMENT GOALS AND PRI-
ORITIES OF THE SECRETARY OF DEFENSE FOR THE DE-
PARTMENT OF DEFENSE.
(a) IN GENERAL.—A Secretary of Defense serving in that posi-
tion pursuant to an appointment to that position after January 20,
2017, shall submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives, not later than each of the
deadlines specified in subsection (b), a report on the policy, organi-
zation, and management goals and priorities of the Secretary for the
Department of Defense. Each report shall include, current as of the
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date of such report, an identification of the following:

(1) Policy goals and priorities, including specific and meas-
urable performance and implementation targets.

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 353

(2) Organization and management goals and priorities, in-

cluding specific and measurable performance and implementa-
tion targets that address, but are not limited to, the following:
(A) The elimination or consolidation of any unneces-
sary or redundant functions within the Department.
(B) Force management and shaping, including rec-
ommendations for such legislative action as is required to
meet force management and shaping goals and priorities.
(C) The delayering or reorganization of headquarters
organizations across the Department.
(3) Any other goals or priorities for the Department the Sec-
retary considers appropriate.
(b) DEADLINES.—The deadlines for the submittal of reports
under subsection (a) are April 1, 2017, and February 1 of each year
thereafter though 2022.
(c) BRIEFINGS SATISFY LATER REPORTING REQUIREMENTS.—Any
report required under subsection (a) after the initial report may be
provided in the form of a briefing.
SEC. 913. SECRETARY OF DEFENSE DELIVERY UNIT.
(a) IN GENERAL.—The Secretary of Defense serving in that posi-
tion as of March 1, 2017, may establish within the Office of the Sec-
retary of Defense a unit of personnel that shall be responsible for
providing expertise and support throughout the Department of De-
fense in an effort to improve the implementation of policies and pri-
orities across the Department. The unit may be known as the ‘‘deliv-
ery unit’’.
(b) COMPOSITION.—The unit established pursuant to subsection
(a) shall consist of not more than 30 individuals selected by the Sec-
retary primarily from among individuals outside the Government
who have significant experience and expertise in management con-
sulting, organizational architecture, relationship management, or
data analytics.
(c) DUTIES.—The unit established pursuant to subsection (a)
shall have the duties as follows:
(1) To advise the Secretary on improving the implementa-
tion and delivery of policies and priorities of the Department,
including making recommendations on establishing perform-
ance or implementation targets, assisting in the development of
delivery plans to achieve targets, and monitoring and meas-
uring progress.
(2) To work across organizations, missions, and functions
of the Department in order to identify obstacles to improving
the implementation of policies and priorities of the Department,
including organization, culture, and incentives, and to rec-
ommend options to the Secretary for addressing such obstacles.
(d) SUNSET.—The unit established pursuant to subsection (a)
shall sunset on January 31, 2021.
SEC. 914. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER-
SONNEL.
Section 129a of title 10, United States Code, is amended by
adding at the end the following new subsection:
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‘‘(g) PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PER-

SONNEL.—(1) Functions performed by civilian personnel should not
be performed by military personnel except—

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‘‘(A) if the Secretary of the military department concerned

determines in writing based on mission requirements that the
performance of such functions by military personnel, including
a permanent conversion of such functions to performance by
military personnel, is cost-effective or required by a mission; or
‘‘(B) if the performance of such functions by military per-
sonnel is required to address critical staffing needs resulting
from a reduction in personnel or budgetary resources by reason
of an Act of Congress, in which case such functions may not be
performed by military personnel for a period in excess of one
year.
‘‘(2) In determining the workforce mix between civilian and
military personnel, the Secretary of a military department shall re-
serve military personnel for the performance of the functions that,
in the estimation of the Secretary, are required to be performed by
military personnel in order to achieve national defense goals or in
order to enable the proper functioning of the military department.
In making workforce decisions, the Secretary shall account for the
relative budgetary impact of military versus civilian personnel in
determining the functions required to be performed by military per-
sonnel.’’.
SEC. 915. REPEAL OF REQUIREMENTS RELATING TO EFFICIENCIES
PLAN FOR THE CIVILIAN PERSONNEL WORKFORCE AND
SERVICE CONTRACTOR WORKFORCE OF THE DEPART-
MENT OF DEFENSE.
Section 955 of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112–239; 126 Stat. 1896; 10 U.S.C. 129a
note) is repealed.
Subtitle C—Joint Chiefs of Staff and Combatant Command
Matters
SEC. 921. JOINT CHIEFS OF STAFF AND RELATED COMBATANT COM-
MAND MATTERS.
(a) FUNCTIONS OF JOINT CHIEFS OF STAFF.—
(1) CONSULTATION BY CHAIRMAN.—Subsection (c)(1) of sec-
tion 151 of title 10, United States Code, is amended by striking
‘‘as he considers appropriate’’ and inserting ‘‘as necessary’’.
(2) MODIFICATION OF ADVICE AND OPINIONS OF MEMBERS
OTHER THAN CHAIRMAN.—Such section is further amended—
(A) in subsection (b)(2), by striking ‘‘subsections (d) and
(e)’’ and inserting ‘‘subsection (d)’’;
(B) in subsection (d)—
(i) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(ii) by inserting before paragraph (1), as redesig-
nated by clause (i), the following new paragraph (1):
‘‘(1) After first informing the Secretary of Defense and the
Chairman, the members of the Joint Chiefs of Staff, individually or
collectively, in their capacity as military advisors, may provide ad-
vice to the President, the National Security Council, the Homeland
Security Council, or the Secretary of Defense on a particular matter
on the judgment of the military member.’’; and
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(C) by striking subsection (e).

(b) TERM AND REAPPOINTMENT OF CHAIRMAN OF THE JOINT
CHIEFS OF STAFF.—

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(1) IN GENERAL.—Section 152(a) of title 10, United States

Code, is amended—
(A) in paragraph (1), by striking ‘‘two years, beginning
on October 1 of odd-numbered years’’ and all that follows
and inserting ‘‘four years, beginning on October 1 of an
odd-numbered year. The limitation does not apply in time
of war.’’; and
(B) by striking paragraph (3) and inserting the fol-
lowing new paragraph (3):
‘‘(3) The President may extend to eight years the combined pe-
riod of service of an officer as Chairman and Vice Chairman if the
President determines that such action is in the national interest.
The limitation in this paragraph does not apply in time of war.’’.
(2) EFFECTIVE DATE.—The amendments made by para-
graph (1) shall take effect on January 1, 2019, and shall apply
to individuals appointed as Chairman of the Joint Chiefs of
Staff on or after that date.
(c) FUNCTIONS OF CHAIRMAN OF JOINT CHIEFS OF STAFF.—The
text of section 153 of title 10, United States Code, is amended to
read as follows:
‘‘Subject to the authority, direction, and control of the President
and the Secretary of Defense, the Chairman of the Joint Chiefs of
Staff shall be responsible for the following
‘‘(1) STRATEGIC DIRECTION.—Assisting the President and
the Secretary in providing for the strategic direction of the
armed forces.
‘‘(2) STRATEGIC AND CONTINGENCY PLANNING.—In matters
relating to strategic and contingency planning—
‘‘(A) developing strategic frameworks and preparing
strategic plans, as required, to guide the use and employ-
ment of military force and related activities across all geo-
graphic regions and military functions and domains, and
to sustain military efforts over different durations of time,
as necessary;
‘‘(B) advising the Secretary on the production of the na-
tional defense strategy required by section 113(g) of this
title and the national security strategy required by section
108 of the National Security Act of 1947 (50 U.S.C. 3043);
‘‘(C) preparing military analysis, options, and plans, as
the Chairman considers appropriate, to recommend to the
President and the Secretary;
‘‘(D) providing for the preparation and review of con-
tingency plans which conform to policy guidance from the
President and the Secretary; and
‘‘(E) preparing joint logistic and mobility plans to sup-
port national defense strategies and recommending the as-
signment of responsibilities to the armed forces in accord-
ance with such plans.
‘‘(3) GLOBAL MILITARY INTEGRATION.—In matters relating to
global military strategic and operational integration—
‘‘(A) providing advice to the President and the Sec-
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retary on ongoing military operations; and

‘‘(B) advising the Secretary on the allocation and trans-
fer of forces among geographic and functional combatant

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 356

commands, as necessary, to address transregional, multi-

domain, and multifunctional threats.
‘‘(4) COMPREHENSIVE JOINT READINESS.—In matters relat-
ing to comprehensive joint readiness—
‘‘(A) evaluating the overall preparedness of the joint
force to perform the responsibilities of that force under na-
tional defense strategies and to respond to significant con-
tingencies worldwide;
‘‘(B) assessing the risks to United States missions,
strategies, and military personnel that stem from shortfalls
in military readiness across the armed forces, and devel-
oping risk mitigation options;
‘‘(C) advising the Secretary on critical deficiencies and
strengths in joint force capabilities (including manpower,
logistics, and mobility support) identified during the prepa-
ration and review of national defense strategies and contin-
gency plans and assessing the effect of such deficiencies
and strengths on meeting national security objectives and
policy and on strategic plans;
‘‘(D) advising the Secretary on the missions and func-
tions that are likely to require contractor or other external
support to meet national security objectives and policy and
strategy, and the risks associated with such support; and
‘‘(E) establishing and maintaining, after consultation
with the commanders of the unified and specified combat-
ant commands, a uniform system of evaluating the pre-
paredness of each such command, and groups of commands
collectively, to carry out missions assigned to the command
or commands.
‘‘(5) JOINT CAPABILITY DEVELOPMENT.—In matters relating
to joint capability development—
‘‘(A) identifying new joint military capabilities based
on advances in technology and concepts of operation needed
to maintain the technological and operational superiority of
the armed forces, and recommending investments and ex-
periments in such capabilities to the Secretary;
‘‘(B) performing military net assessments of the joint
capabilities of the armed forces of the United States and its
allies in comparison with the capabilities of potential ad-
versaries;
‘‘(C) advising the Secretary under section 163(b)(2) of
this title on the priorities of the requirements identified by
the commanders of the unified and specified combatant
commands;
‘‘(D) advising the Secretary on the extent to which the
program recommendations and budget proposals of the
military departments and other components of the Depart-
ment of Defense for a fiscal year conform with the priorities
established in national defense strategies and with the pri-
orities established for the requirements of the unified and
specified combatant commands;
‘‘(E) advising the Secretary on new and alternative
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joint military capabilities, and alternative program rec-

ommendations and budget proposals, within projected re-
source levels and guidance provided by the Secretary, in

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 357

order to achieve greater conformance with the priorities re-

ferred to in subparagraph (D);
‘‘(F) assessing joint military capabilities and identi-
fying, approving, and prioritizing gaps in such capabilities
to meet national defense strategies, pursuant to section 181
of this title; and
‘‘(G) recommending to the Secretary appropriate trade-
offs among life-cycle cost, schedule, performance, and pro-
curement quantity objectives in the acquisition of materiel
and equipment to support the strategic and contingency
plans required by this paragraph in the most effective and
efficient manner.
‘‘(6) JOINT FORCE DEVELOPMENT ACTIVITIES.—In matters re-
lating to joint force development activities—
‘‘(A) developing doctrine for the joint employment of the
armed forces;
‘‘(B) formulating policies and technical standards, and
executing actions, for the joint training of the armed forces;
‘‘(C) formulating policies for coordinating the military
education of members of the armed forces;
‘‘(D) formulating policies for concept development and
experimentation for the joint employment of the armed
forces;
‘‘(E) formulating policies for gathering, developing, and
disseminating joint lessons learned for the armed forces;
and
‘‘(F) advising the Secretary on development of joint
command, control, communications, and cybercapability,
including integration and interoperability of such capa-
bility, through requirements, integrated architectures, data
standards, and assessments.
‘‘(7) OTHER MATTERS.—In other matters—
‘‘(A) recommending to the Secretary, in accordance with
section 166 of this title, a budget proposal for activities of
each unified and specified combatant command;
‘‘(B) providing for representation of the United States
on the Military Staff Committee of the United Nations in
accordance with the Charter of the United Nations; and
‘‘(C) performing such other duties as may be prescribed
by law or by the President or the Secretary.’’.
(d) VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF MAT-
TERS.—
(1) TERM OF SERVICE.—Paragraph (3) of section 154(a) of
title 10, United States Code, is amended by striking ‘‘for a term
of two years’’ and all that follows and inserting ‘‘for a single
term of four years, beginning on October 1 of an odd-numbered
year, except that the term may not begin in the same year as
the term of a Chairman. In time of war, there is no limit on
the number of reappointments.’’.
(2) INELIGIBILITY FOR SERVICE AS CHAIRMAN OR ANY OTHER
POSITION IN THE ARMED FORCES.—Such section is further
amended by adding at the end the following new paragraph:
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‘‘(4)(A) The Vice Chairman shall not be eligible for promotion

to the position of Chairman or any other position in the armed
forces.

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 358

‘‘(B) The President may waive subparagraph (A) if the President

determines such action is necessary in the national interest.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on January 1, 2021, and shall apply to
individuals appointed as Vice Chairman of the Joint Chiefs of
Staff on or after that date.
(e) COMMANDERS OF THE COMBATANT COMMANDS.—Section 164
of title 10, United States Code, is amended—
(1) in subsection (b), by adding at the end the following
new paragraph:
‘‘(3) Among the full range of command responsibilities specified
in subsection (c) and as provided for in section 161 of this title, the
primary duties of the commander of a combatant command shall be
as follows:
‘‘(A) To produce plans for the employment of the armed
forces to execute national defense strategies and respond to sig-
nificant military contingencies.
‘‘(B) To take actions, as necessary, to deter conflict.
‘‘(C) To command United States armed forces as directed by
the Secretary and approved by the President.’’; and
(2) by adding at the end the following new subsection:
‘‘(h) SUPPORT TO CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—
The commander of a combatant command shall provide such infor-
mation to the Chairman of the Joint Chiefs of Staff as may be nec-
essary for the Chairman to perform the duties of the Chairman
under section 153 of this title.’’.
SEC. 922. ORGANIZATION OF THE DEPARTMENT OF DEFENSE FOR
MANAGEMENT OF SPECIAL OPERATIONS FORCES AND
SPECIAL OPERATIONS.
(a) RESPONSIBILITY OF ASSISTANT SECRETARY OF DEFENSE FOR
SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT.—Section
138(b)(4) of title 10, United States Code, is amended by adding at
the end the following new sentence: ‘‘Subject to the authority, direc-
tion, and control of the Secretary of Defense, the Assistant Secretary
shall do the following:
‘‘(A) Exercise authority, direction, and control of all special-
operations peculiar administrative matters relating to the orga-
nization, training, and equipping of special operations forces.
‘‘(B) Assist the Secretary and the Under Secretary of De-
fense for Policy in the development and supervision of policy,
program planning and execution, and allocation and use of re-
sources for the activities of the Department of Defense for the
following:
‘‘(i) Irregular warfare, combating terrorism, and the
special operations activities specified by section 167(k) of
this title.
‘‘(ii) Integrating the functional activities of the head-
quarters of the Department to most efficiently and effec-
tively provide for required special operations forces and ca-
pabilities.
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‘‘(iii) Such other matters as may be specified by the

Secretary and the Under Secretary.’’.
(b) SPECIAL OPERATIONS POLICY AND OVERSIGHT COUNCIL.—

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(1) IN GENERAL.—Chapter 4 of title 10, United States Code,

as amended by section 901(e)(2) of this Act, is further amended
by inserting after section 139a the following new section:
‘‘§ 139b. Special Operations Policy and Oversight Council
‘‘(a) IN GENERAL.—In order to fulfill the responsibilities speci-
fied in section 138(b)(4) of this title, the Assistant Secretary of De-
fense for Special Operations and Low Intensity Conflict, or the des-
ignee of the Assistant Secretary, shall establish and lead a team to
be known as the ‘Special Operations Policy and Oversight Council’
(in this section referred to as the ‘Council’).
‘‘(b) PURPOSE.—The purpose of the Council is to integrate the
functional activities of the headquarters of the Department of De-
fense in order to most efficiently and effectively provide for special
operations forces and capabilities. In fulfilling this purpose, the
Council shall develop and continuously improve policy, joint proc-
esses, and procedures that facilitate the development, acquisition,
integration, employment, and sustainment of special operations
forces and capabilities.
‘‘(c) MEMBERSHIP.—The Council shall include the following:
‘‘(1) The Assistant Secretary, who shall act as leader of the
Council.
‘‘(2) Appropriate senior representatives of each of the fol-
lowing:
‘‘(A) The Under Secretary of Defense for Research and
Engineering.
‘‘(B) The Under Secretary of Defense for Management
and Support.
‘‘(C) The Under Secretary of Defense (Comptroller).
‘‘(D) The Under Secretary of Defense for Personnel and
Readiness.
‘‘(E) The Under Secretary of Defense for Intelligence.
‘‘(F) The General Counsel of the Department of Defense.
‘‘(G) The other Assistant Secretaries of Defense under
the Under Secretary of Defense for Policy.
‘‘(H) The military departments.
‘‘(I) The Joint Staff.
‘‘(J) The United States Special Operations Command.
‘‘(K) Such other officials or Agencies, elements, or com-
ponents of the Department of Defense as the Secretary of
Defense considers appropriate
‘‘(d) OPERATION.—The Council shall operate continuously.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 4 of such title, as amended by section
901(g)(1) of this Act, is further amended by inserting after the
item relating to section 139a the following new item:
‘‘139b. Special Operations Policy and Oversight Council.’’.
(c) US SPECIAL OPERATIONS COMMAND MATTERS.—
(1) AUTHORITY OF COMMANDER.—Subsection (e)(2) of sec-
tion 167 of title 10, United States Code, is amended—
(A) in the matter preceding subparagraph (A), by strik-
ing ‘‘The commander’’ and inserting ‘‘Subject to the author-
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ity, direction, and control of the Assistant Secretary of De-

fense for Special Operations and Low Intensity Conflict, the
commander’’; and

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 360

(B) by striking subparagraph (J) and inserting the fol-

lowing new subparagraph (J):
‘‘(J) Monitoring the promotions of special operations forces
and coordinating with the military departments regarding the
assignment, retention, training, professional military education,
and special and incentive pays of special operations forces.’’.
(2) ADMINISTRATIVE CHAIN OF COMMAND.—Such section is
further amended—
(A) by redesignating subsections (f) through (k) as sub-
sections (g), through (l), respectively; and
(B) by inserting after subsection (e) the following new
subsection (f):
‘‘(f) ADMINISTRATIVE CHAIN OF COMMAND.—(1) Unless otherwise
directed by the President, the administrative chain of command to
the special operations command runs—
‘‘(A) from the President to the Secretary of Defense;
‘‘(B) from the Secretary of Defense to the Assistant Sec-
retary of Defense for Special Operations and Low Intensity Con-
flict; and
‘‘(C) from the Assistant Secretary of Defense for Special Op-
erations and Low Intensity Conflict to the commander of the
special operations command.
‘‘(2) For purposes of this subsection, administrative chain of
command refers to the exercise of authority, direction and control
with respect to the special operations-peculiar administration and
support of the special operations command, including the readiness
and organization of special operations forces, resources and equip-
ment, and civilian personnel. It does not refer to the exercise of au-
thority, direction, and control of operational matters that are subject
to the operational chain of command of the commanders of combat-
ant commands or the exercise of authority, direction, and control of
personnel, resources, equipment, and other matters that are not spe-
cial operations-peculiar that are the purview of the armed forces.’’.
SEC. 923. ESTABLISHMENT OF UNIFIED COMBATANT COMMAND FOR
CYBER OPERATIONS.
(a) ESTABLISHMENT OF CYBER COMMAND.—Chapter 6 of title
10, United States Code, is amended by inserting after section 167a
the following new section:
‘‘§ 167b. Unified combatant command for cyber operations
‘‘(a) ESTABLISHMENT.—With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through the
Secretary of Defense, shall establish under section 161 of this title
a unified combatant command for cyber operations forces (herein-
after in this section referred to as the ‘cyber command’). The prin-
cipal function of the command is to prepare cyber operations forces
to carry out assigned missions.
‘‘(b) ASSIGNMENT OF FORCES.—Unless otherwise directed by the
Secretary of Defense, all active and reserve cyber operations forces
of the armed forces stationed in the United States shall be assigned
to the cyber command.
‘‘(c) GRADE OF COMMANDER.—The commander of the cyber com-
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mand shall hold the grade of general or, in the case of an officer
of the Navy, admiral while serving in that position, without
vacating that officer’s permanent grade. The commander of such

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 361

command shall be appointed to that grade by the President, by and

with the advice and consent of the Senate, for service in that posi-
tion.
‘‘(d) COMMAND OF ACTIVITY OR MISSION.—(1) Unless otherwise
directed by the President or the Secretary of Defense, a cyber oper-
ations activity or mission shall be conducted under the command of
the commander of the unified combatant command in whose geo-
graphic area the activity or mission is to be conducted.
‘‘(2) The commander of the cyber command shall exercise com-
mand of a selected cyber operations mission if directed to do so by
the President or the Secretary of Defense.
‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) In addition
to the authority prescribed in section 164(c) of this title, the com-
mander of the cyber command shall be responsible for, and shall
have the authority to conduct, all affairs of such command relating
to cyber operations activities.
‘‘(2)(A) Subject to the authority, direction, and control of the
Principal Cyber Advisor, the commander of such command shall be
responsible for, and shall have the authority to conduct, the fol-
lowing functions relating to cyber operations activities (whether or
not relating to the cyber command):
‘‘(i) Developing strategy, doctrine, and tactics.
‘‘(ii) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for cyber oper-
ations forces and for other forces assigned to the cyber com-
mand.
‘‘(iii) Exercising authority, direction, and control over the
expenditure of funds—
‘‘(I) for forces assigned directly to the cyber command;
and
‘‘(II) for cyber operations forces assigned to unified
combatant commands other than the cyber command, with
respect to all matters covered by section 807 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law
114–92; 129 Stat. 886; 10 U.S.C. 2224 note) and, with re-
spect to a matter not covered by such section, to the extent
directed by the Secretary of Defense.
‘‘(iv) Training and certification of assigned joint forces.
‘‘(v) Conducting specialized courses of instruction for com-
missioned and noncommissioned officers.
‘‘(vi) Validating requirements.
‘‘(vii) Establishing priorities for requirements.
‘‘(viii) Ensuring the interoperability of equipment and
forces.
‘‘(ix) Formulating and submitting requirements for intel-
ligence support.
‘‘(x) Monitoring the promotion of cyber operation forces and
coordinating with the military departments regarding the as-
signment, retention, training, professional military education,
and special and incentive pays of cyber operation forces.
‘‘(B) The authority, direction, and control exercised by the Prin-
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cipal Cyber Advisor for purposes of this section is authority, direc-

tion, and control with respect to the administration and support of
the cyber command, including readiness and organization of cyber

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 362

operations forces, cyber operations-peculiar equipment and re-

sources, and civilian personnel.
‘‘(C) Nothing in this section shall be construed as providing the
Principal Cyber Advisor authority, direction, and control of oper-
ational matters that are subject to the operational chain of com-
mand of the combatant commands or the exercise of authority, di-
rection, and control of personnel, resources, equipment, and other
matters that are not cyber-operations peculiar and that are in the
purview of the armed forces.
‘‘(3) The commander of the cyber command shall be responsible
for—
‘‘(A) ensuring the combat readiness of forces assigned to the
cyber command; and
‘‘(B) monitoring the preparedness to carry out assigned mis-
sions of cyber forces assigned to unified combatant commands
other than the cyber command.
‘‘(C) The staff of the commander shall include an inspector
general who shall conduct internal audits and inspections of
purchasing and contracting actions through the cyber oper-
ations command and such other inspector general functions as
may be assigned.
‘‘(f) INTELLIGENCE AND SPECIAL ACTIVITIES.—This section does
not constitute authority to conduct any activity which, if carried out
as an intelligence activity by the Department of Defense, would re-
quire a notice to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House of
Representatives under title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 6 of such title is amended by inserting after the item
relating to section 167a the following new item:
‘‘167b. Unified combatant command for cyber operations.’’.
SEC. 924. ASSIGNED FORCES OF THE COMBATANT COMMANDS.
Section 162(a) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Except as provided in paragraph (2)’’
and inserting ‘‘As directed by the Secretary of Defense’’;
(B) by striking ‘‘all forces’’ and inserting ‘‘specified
forces’’; and
(C) by striking the second sentence;
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
‘‘(2) A force not assigned to a combatant command or to the
United States element of the North American Aerospace Defense
Command under paragraph (1) shall remain assigned to the mili-
tary department concerned for carrying out the responsibilities of
the Secretary of the military department concerned as specified in
section 3013, 5013, or 8013 of this title, as applicable.’’; and
(3) in paragraph (4)—
(A) by striking ‘‘operating with the geographic area’’
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and
(B) by striking ‘‘assigned to, and’’.

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SEC. 925. MODIFICATIONS TO THE REQUIREMENTS PROCESS.
(a) IN GENERAL.—The text of section 181 of title 10, United
States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—There is a Joint Requirements Oversight
Council in the Department of Defense.
‘‘(b) MISSION.—In addition to other matters assigned to it by the
President or Secretary of Defense, the Joint Requirements Oversight
Council shall assist the Chairman of the Joint Chiefs of Staff in—
‘‘(1) assessing joint military capabilities, and identifying,
approving, and prioritizing gaps in such capabilities, to meet
applicable requirements in the national defense strategy under
section 118 of this title;
‘‘(2) reviewing and validating whether a capability pro-
posed by an armed force, Defense Agency, or other entity of the
Department of Defense fulfills a gap in joint military capabili-
ties;
‘‘(3) developing recommendations, in consultation with the
advisors to the Council under subsection (d), for program cost
and fielding targets pursuant to section 2448a of this title
that—
‘‘(A) require a level of resources that is consistent with
the level of priority assigned to the associated capability
gap; and
‘‘(B) have an estimated period of time for the delivery
of an initial operational capability that is consistent with
the urgency of the associated capability gap;
‘‘(4) establishing and approving joint performance require-
ments that—
‘‘(A) ensure interoperability, where appropriate, be-
tween and among joint military capabilities; and
‘‘(B) are necessary, as designated by the Chairman of
the Joint Chiefs of Staff, to fulfill capability gaps of more
than one armed force, Defense Agency, or other entity of the
Department;
‘‘(5) reviewing performance requirements for any existing or
proposed capability that the Chairman of the Joint Chiefs of
Staff determines should be reviewed by the Council;
‘‘(6) identifying new joint military capabilities based on ad-
vances in technology and concepts of operation; and
‘‘(7) identifying alternatives to any acquisition program
that meets approved joint military capability requirements for
the purposes of sections 2366a(b), 2366b(a)(4), and 2433(e)(2) of
this title.
‘‘(c) COMPOSITION.—
‘‘(1) IN GENERAL.—The Joint Requirements Oversight Coun-
cil is composed of the following:
‘‘(A) The Vice Chairman of the Joint Chiefs of Staff,
who is the Chair of the Council and is the principal adviser
to the Chairman of the Joint Chiefs of Staff for making rec-
ommendations about joint military capabilities or joint per-
formance requirements.
‘‘(B) An Army officer in the grade of general.
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‘‘(C) A Navy officer in the grade of admiral.

‘‘(D) An Air Force officer in the grade of general.
‘‘(E) A Marine Corps officer in the grade of general.

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‘‘(2) SELECTION OF MEMBERS.—Members of the Council

under subparagraphs (B), (C), (D), and (E) of paragraph (1)
shall be selected by the Chairman of the Joint Chiefs of Staff,
after consultation with the Secretary of Defense, from officers in
the grade of general or admiral, as the case may be, who are
recommended for selection by the Secretary of the military de-
partment concerned.
‘‘(3) RECOMMENDATIONS.—In making any recommendation
to the Chairman of the Joint Chiefs of Staff as described in
paragraph (1)(A), the Vice Chairman of the Joint Chiefs of Staff
shall provide the Chairman any dissenting view of members of
the Council under paragraph (1) with respect to such rec-
ommendation.
‘‘(d) ADVISORS.—
‘‘(1) IN GENERAL.—The following officials of the Department
of Defense shall serve as advisors to the Joint Requirements
Oversight Council on matters within their authority and exper-
tise:
‘‘(A) The Under Secretary of Defense for Policy.
‘‘(B) The Under Secretary of Defense for Intelligence.
‘‘(C) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
‘‘(D) The Under Secretary of Defense (Comptroller).
‘‘(E) The Director of Cost Assessment and Program
Evaluation.
‘‘(F) The Director of Operational Test and Evaluation.
‘‘(G) The commander of a combatant command when
matters related to the area of responsibility or functions of
that command are under consideration by the Council.
‘‘(2) INPUT FROM COMBATANT COMMANDS.—The Council
shall seek and consider input from the commanders of the com-
batant commands in carrying out its mission under paragraphs
(1) and (2) of subsection (b).
‘‘(3) INPUT FROM CHIEFS OF STAFF.—The Council shall seek,
and strongly consider, the views of the Chiefs of Staff of the
armed forces, in their roles as customers of the acquisition sys-
tem, on matters pertaining to a capability proposed by an
armed force, Defense Agency, or other entity of the Department
of Defense under subsection (b)(2) and joint performance re-
quirements pursuant to subsection (b)(3).
‘‘(e) PERFORMANCE REQUIREMENTS AS RESPONSIBILITY OF
ARMED FORCES.—The Chief of Staff of an armed force is responsible
for all performance requirements for that armed force and, except
for performance requirements specified in subsections (b)(4) and
(b)(5), such performance requirements do not need to be validated
by the Joint Requirements Oversight Council.
‘‘(f) ANALYTIC SUPPORT.—The Secretary of Defense shall ensure
that analytical organizations within the Department of Defense,
such as the Office of Cost Assessment and Program Evaluation, pro-
vide resources and expertise in operations research, systems anal-
ysis, and cost estimation to the Joint Requirements Oversight Coun-
cil to assist the Council in performing the mission in subsection (b).
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‘‘(g) AVAILABILITY OF OVERSIGHT INFORMATION TO CONGRES-

SIONAL DEFENSE COMMITTEES.—The Secretary of Defense shall en-
sure that, in the case of a recommendation by the Chairman of the

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 365

Joint Chiefs of Staff to the Secretary that is approved by the Sec-

retary, oversight information with respect to such recommendation
that is produced as a result of the activities of the Joint Require-
ments Oversight Council is made available in a timely fashion to
the congressional defense committees.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘joint military capabilities’ means the collec-
tive capabilities across the joint force, including both joint and
force-specific capabilities, that are available to conduct military
operations.
‘‘(2) The term ‘performance requirement’ means a perform-
ance attribute of a particular system considered critical or es-
sential to the development of an effective military capability.
‘‘(3) The term ‘joint performance requirement’ means a per-
formance requirement that is critical or essential to ensure
interoperability or fulfill a capability gap of more than one
armed force, Defense Agency, or other entity of the Department
of Defense, or impacts the joint force in other ways such as lo-
gistics.
‘‘(4) The term ‘oversight information’ means information
and materials comprising analysis and justification that are
prepared to support a recommendation that is made to, and ap-
proved by, the Secretary of Defense.’’.
(b) PROGRAM COST AND FIELD TARGETS.—The Secretary of De-
fense shall establish a process to develop program cost and fielding
targets pursuant to section 2448a of title 10, United States Code,
that—
(1) is co-chaired by the Deputy Secretary of Defense and the
Vice Chairman of the Joint Chiefs of Staff;
(2) is supported by—
(A) the Joint Staff, to provide expertise on joint mili-
tary capabilities, capability gaps, and performance require-
ments;
(B) the Office of Cost Assessment and Program Evalua-
tion, to provide expertise in resource allocation, operations
research, systems analysis, and cost estimation; and
(C) other Department of Defense organizations deter-
mined appropriate by the Secretary; and
(3) ensures that appropriate trade-offs are made among
life-cycle cost, schedule, and performance objectives and pro-
curement quantity objectives.
SEC. 926. REVIEW OF COMBATANT COMMAND ORGANIZATION.
(a) REVIEWS REQUIRED.—
(1) IN GENERAL.—The entities specified in paragraph (2)
shall each conduct a review of the organizational structures of
the combatant commands, and shall develop recommendations
for improving the overall effectiveness of the combatant com-
mands, and addressing threats that span multiple regions,
functions, and domains.
(2) ENTITIES.—The entities specified in this paragraph are
the following:
(A) The Secretary of Defense, in consultation with the
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Chairman of the Joint Chiefs of Staff.

(B) An independent entity with appropriate expertise,
selected by the Secretary and with which the Secretary

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 366

shall enter into a contract by not later than 30 days after

the date of the enactment of this Act.
(b) ELEMENTS.—Each review under subsection (a) shall include
an examination of the following:
(1) The evolution of combatant command mission require-
ments and the ability of combatant commands to satisfy those
mission requirements.
(2) The evolution of the organizational structures, composi-
tions, and sizes of the combatant commands, and how such fac-
tors may have contributed to combatant command performance
in satisfying mission requirements, planning, and maintaining
force readiness.
(3) The resources of combatant commands, including the
degree to which combatant command force requirements are
resourced.
(4) The benefits, drawbacks, and resource implications of
eliminating or consolidating combatant commands, or of alter-
ing the relationships among combatant commands and their
component command organizations or the command and con-
trol structures of the combatant commands.
(5) Organizational structures of the combatant commands,
including Joint Task Forces or task-organized forces operating
below the combatant command level, and the benefits, draw-
backs, and resource implications of alternative organizational
structures.
(c) REPORT.—Not later than September 30, 2017, the Secretary
shall submit to the congressional defense committees a report on the
findings and recommendations of each review required by sub-
section (a).
Subtitle D—Organization and Management of Other
Department of Defense Offices and Elements
SEC. 931. QUALIFICATIONS FOR APPOINTMENT OF THE SECRETARIES
OF THE MILITARY DEPARTMENTS.
(a) SECRETARY OF THE ARMY.—Section 3013(a)(1) of title 10,
United States Code, is amended by inserting after the first sentence
the following new sentence: ‘‘The Secretary shall, to the greatest ex-
tent practicable, be appointed from among persons most highly
qualified for the position by reason of background and experience,
including persons with appropriate management or leadership expe-
rience.’’.
(b) SECRETARY OF THE NAVY.—Section 5013(a)(1) of such title
is amended by inserting after the first sentence the following new
sentence: ‘‘The Secretary shall, to the greatest extent practicable, be
appointed from among persons most highly qualified for the posi-
tion by reason of background and experience, including persons
with appropriate management or leadership experience.’’.
(c) SECRETARY OF THE AIR FORCE.—Section 8013(a)(1) of such
title is amended by inserting after the first sentence the following
new sentence: ‘‘The Secretary shall, to the greatest extent prac-
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ticable, be appointed from among persons most highly qualified for

the position by reason of background and experience, including per-
sons with appropriate management or leadership experience.’’.

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SEC. 932. ENHANCED PERSONNEL MANAGEMENT AUTHORITIES FOR
THE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10508 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) MANPOWER REQUIREMENTS OF NA-
TIONAL GUARD BUREAU.—’’ before ‘‘The manpower require-
ments’’; and
(2) by adding at the end the following new subsection:
‘‘(b) PERSONNEL FOR FUNCTIONS OF NATIONAL GUARD BU-
REAU.—
‘‘(1) IN GENERAL.—The Chief of the National Guard Bureau
may program for, appoint, employ, administer, detail, and as-
sign persons under sections 2103, 2105, and 3101 of title 5, or
section 328 of title 32, within the National Guard Bureau and
the National Guard of each State, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, and the Virgin Islands
to execute the functions of the National Guard Bureau and the
missions of the National Guard, and missions as assigned by
the Chief of the National Guard Bureau.
‘‘(2) ADMINISTRATION THROUGH ADJUTANTS GENERAL.—The
Chief of the National Guard Bureau may designate the adju-
tants general referred to in section 314 of title 32 to appoint,
employ, and administer the National Guard employees author-
ized by this subsection.
‘‘(3) ADMINISTRATIVE ACTIONS.—Notwithstanding the Inter-
governmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.)
and under regulations prescribed by the Chief of the National
Guard Bureau, all personnel actions or conditions of employ-
ment, including adverse actions under title 5, pertaining to a
person appointed, employed, or administered by an adjutant
general under this subsection shall be accomplished by the ad-
jutant general of the jurisdiction concerned. For purposes of any
administrative complaint, grievance, claim, or action arising
from, or relating to, such a personnel action or condition of em-
ployment:
‘‘(A) The adjutant general of the jurisdiction concerned
shall be considered the head of the agency and the National
Guard of the jurisdiction concerned shall be considered the
employing agency of the individual and the sole defendant
or respondent in any administrative action.
‘‘(B) The National Guard of the jurisdiction concerned
shall defend any administrative complaint, grievance,
claim, or action, and shall promptly implement all aspects
of any final administrative order, judgment, or decision.
‘‘(C) In any civil action or proceeding brought in any
court arising from an action under this section, the United
States shall be the sole defendant or respondent.
‘‘(D) The Attorney General of the United States shall
defend the United States in actions arising under this sec-
tion described in subparagraph (C).
‘‘(E) Any settlement, judgment, or costs arising from an
action described in subparagraph (A) or (C) shall be paid
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from appropriated funds allocated to the National Guard of

the jurisdiction concerned.’’.

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SEC. 933. REORGANIZATION AND REDESIGNATION OF OFFICE OF FAM-
ILY POLICY AND OFFICE OF COMMUNITY SUPPORT FOR
MILITARY FAMILIES WITH SPECIAL NEEDS.
(a) OFFICE OF FAMILY POLICY.—
(1) REDESIGNATION AS OFFICE OF MILITARY FAMILY READI-
NESS POLICY.—Section 1781(a) of title 10, United States Code,
is amended—
(A) by striking ‘‘Office of Family Policy’’ and inserting
‘‘Office of Military Family Readiness Policy’’; and
(B) by striking ‘‘Director of Family Policy’’ and insert-
ing ‘‘Director of Military Family Readiness Policy’’.
(2) INCLUSION OF DIRECTOR ON MILITARY FAMILY READI-
NESS COUNCIL.—Subsection (b)(1)(E) of section 1781a of such
title is amended by striking ‘‘Office of Community Support for
Military Families with Special Needs’’ and inserting ‘‘Office of
Military Family Readiness Policy’’.
(3) CONFORMING AMENDMENT.—Section 131(b)(8)(G) of such
title is amended by striking ‘‘Director of Family Policy’’ and in-
serting ‘‘Director of Military Family Readiness Policy’’.
(4) HEADING AND CLERICAL AMENDMENTS.—
(A) SECTION HEADING.—The heading of section 1781 of
such title is amended to read as follows:
‘‘§ 1781. Office of Military Family Readiness Policy’’.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 88 of such title is amended by
striking the item relating to section 1781 and inserting the
following new item:
‘‘1781. Office of Military Family Readiness Policy.’’.
(b) OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES
WITH SPECIAL NEEDS.—
(1) REDESIGNATION AS OFFICE OF SPECIAL NEEDS.—Sub-
section (a) of section 1781c of title 10, United States Code, is
amended by striking ‘‘Office of Community Support for Military
Families with Special Needs’’ and inserting ‘‘Office of Special
Needs’’.
(2) REORGANIZATION UNDER OFFICE OF MILITARY FAMILY
READINESS POLICY.—Such subsection is further amended by
striking ‘‘Office of the Under Secretary of Defense for Personnel
and Readiness’’ and inserting ‘‘Office of Military Family Readi-
ness Policy’’.
(3) REPEAL OF REQUIREMENT FOR HEAD OF OFFICE TO BE
MEMBER OF SENIOR EXECUTIVE SERVICE OR GENERAL OR FLAG
OFFICER.—Such section is further amended by striking sub-
section (c).
(4) CONFORMING AMENDMENTS.—Such section is further
amended—
(A) by redesignating subsections (d) through (i) as sub-
sections (c) through (h), respectively;
(B) by striking ‘‘subsection (e)’’ each place it appears
and inserting ‘‘subsection (d)’’;
(C) in subsection (c), as so redesignated, by striking
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‘‘subsection (f)’’ in paragraph (2) and inserting ‘‘subsection

(e)’’; and
(D) in subsection (g), as so redesignated—

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 369

(i) in paragraph (2)(A), by striking ‘‘subsection

(d)(3)’’ and inserting ‘‘subsection (c)(3)’’; and
(ii) in paragraph (2)(B), by striking ‘‘subsection
(d)(4)’’ and inserting ‘‘subsection (c)(4)’’.
(5) HEADING AND CLERICAL AMENDMENTS.—
(A) SECTION HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 1781c. Office of Special Needs’’.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 88 of such title is amended by
striking the item relating to section 1781c and inserting the
following new item:
‘‘1781c. Office of Special Needs.’’.
SEC. 934. REDESIGNATION OF ASSISTANT SECRETARY OF THE AIR
FORCE FOR ACQUISITION AS ASSISTANT SECRETARY OF
THE AIR FORCE FOR ACQUISITION, TECHNOLOGY, AND
LOGISTICS.
(a) REDESIGNATION.—Section 8016(b)(4)(A) of title 10, United
States Code, is amended—
(1) by striking ‘‘Assistant Secretary of the Air Force for Ac-
quisition’’ and inserting ‘‘Assistant Secretary of the Air Force
for Acquisition, Technology, and Logistics’’; and
(2) by inserting ‘‘, technology, and logistics’’ after ‘‘acquisi-
tion’’.
(b) REFERENCES.—Any reference to the Assistant Secretary of
the Air Force for Acquisition in any law, regulation, map, docu-
ment, record, or other paper of the United States shall be deemed
to be a reference to the Assistant Secretary of the Air Force for Ac-
quisition, Technology, and Logistics.
Subtitle E—Strategies, Reports, and Related Matters
SEC. 941. NATIONAL DEFENSE STRATEGY.
(a) NATIONAL DEFENSE STRATEGY.—Subsection (g) of section
113 of title 10, United States Code, is amended to read as follows:
‘‘(g)(1)(A) Except as provided in subparagraph (E), in January
every four years, and intermittently otherwise as may be appro-
priate, the Secretary of Defense shall provide to the Secretaries of
the military departments, the Chiefs of Staff of the armed forces, the
commanders of the unified and specified combatant commands, and
the heads of all Defense Agencies and Field Activities of the Depart-
ment of Defense and other elements of the Department specified in
paragraphs (1) through (10) of section 111(b) of this title, and to the
congressional defense committees, a defense strategy. Each strategy
shall be known as the ‘national defense strategy’, and shall support
the most recent national security strategy report of the President
under section 108 of the National Security Act of 1947 (50 U.S.C.
3043).
‘‘(B) Each national defense strategy shall including the fol-
lowing:
‘‘(i) The priority missions of the Department of Defense, and
the assumed force planning scenarios and constructs.
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‘‘(ii) The assumed strategic environment, including the most

critical and enduring threats to the national security of the
United States and its allies posed by state or non-state actors,

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and the strategies that the Department will employ to counter

such threats and provide for the national defense.
‘‘(iii) A strategic framework prescribed by the Secretary that
guides how the Department will prioritize among the threats
described in clause (ii) and the missions specified pursuant to
clause (i), how the Department will allocate and mitigate the re-
sulting risks, and how the Department will make resource in-
vestments.
‘‘(iv) The roles and missions of the armed forces to carry out
the missions described in clause (i), and the assumed roles and
capabilities provided by other United States Government agen-
cies and by allies and international partners.
‘‘(v) The force size and shape, force posture, defense capa-
bilities, force readiness, infrastructure, organization, personnel,
technological innovation, and other elements of the defense pro-
gram necessary to support such strategy.
‘‘(vi) The major investments in defense capabilities, force
structure, force readiness, force posture, and technological inno-
vation that the Department will make over the following five-
year period in accordance with the strategic framework de-
scribed in clause (iii).
‘‘(C) The Secretary shall seek the military advice and assistance
of the Chairman of the Joint Chiefs of Staff in preparing each na-
tional defense strategy required by this subsection.
‘‘(D) Each national defense strategy under this subsection shall
be presented to the congressional defense committees in classified
form with an unclassified summary.
‘‘(E) In a year following an election for President, which election
results in the appointment by the President of a new Secretary of
Defense, the Secretary shall present the national defense strategy re-
quired by this subsection as soon as possible after appointment by
and with the advice and consent of the Senate.
‘‘(F) In February of each year in which the Secretary does not
submit a new defense strategy as required by paragraph (A), the
Secretary shall submit to the congressional defense committees an
assessment of the current national defense strategy, including an as-
sessment of the implementation of the strategy by the Department
and an assessment whether the strategy requires revision as a result
of changes in assumptions, policy, or other factors.
‘‘(2) In implementing a national defense strategy under para-
graph (1), the Secretary, with the advice and assistance of the
Chairman of the Joint Chiefs of Staff, shall provide annually to the
Secretaries of the military departments, the Chiefs of Staff of the
armed forces, the commanders of the unified and specified combat-
ant commands, and the heads of all Defense Agencies and Field Ac-
tivities of the Department and other elements of the Department
specified in paragraphs (1) through (10) of section 111(b) of this
title, written policy guidance for the preparation and review of the
program recommendations and budget proposals of their respective
components to guide the development of forces. Such guidance shall
include—
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‘‘(A) the national security interests and objectives;

‘‘(B) the priority military missions of the Department, in-
cluding the assumed force planning scenarios and constructs;

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‘‘(C) the force size and shape, force posture, defense capa-
bilities, force readiness, infrastructure, organization, personnel,
technological innovation, and other elements of the defense pro-
gram necessary to support the strategy;
‘‘(D) the resource levels projected to be available for the pe-
riod of time for which such recommendations and proposals are
to be effective; and
‘‘(E) a discussion of any changes in the defense strategy and
assumptions underpinning the strategy, as required by para-
graph (1).
‘‘(3) In implementing the guidance under paragraph (2), the
Secretary, with the approval of the President and after consultation
with the Chairman of the Joint Chiefs of Staff, shall provide, every
two years or more frequently as needed, to the Chairman written
policy guidance for the preparation and review of contingency plans,
including plans for providing support to civil authorities in an inci-
dent of national significance or a catastrophic incident, for home-
land defense, and for military support to civil authorities. Such
guidance shall include guidance on the employment of forces, in-
cluding specific force levels and specific supporting resource levels
projected to be available for the period of time for which such plans
are to be effective.
‘‘(4) Not later than February 15 in any calendar year in which
any written guidance is required pursuant to paragraph (2) or (3),
the Secretary shall provide to the congressional defense committees
a detailed classified briefing summarizing such guidance developed
pursuant to such paragraphs.’’.
(b) CONFORMING REPEAL.—
(1) IN GENERAL.—Section 118 of title 10, United States
Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 2 of such title is amended by striking the
item relating to section 118.
SEC. 942. COMMISSION ON THE NATIONAL DEFENSE STRATEGY FOR
THE UNITED STATES.
(a) ESTABLISHMENT.—There is hereby established a commission
to be known as the ‘‘Commission on the National Defense Strategy
for the United States’’ (in this section referred to as the ‘‘Commis-
sion’’). The purpose of the Commission is to examine and make rec-
ommendations with respect to the national defense strategy for the
United States.
(b) COMPOSITION.—
(1) MEMBERSHIP.—The Commission shall be composed of
12 members appointed as follows:
(A) Three members appointed by the chair of the Com-
mittee on Armed Services of the House of Representatives.
(B) Three members appointed by the ranking minority
member of the Committee on Armed Services of the House
of Representatives.
(C) Three members appointed by the chair of the Com-
mittee on Armed Services of the Senate.
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(D) Three members appointed by the ranking minority

member of the Committee on Armed Services of the Senate.
(2) CHAIR; VICE CHAIR.—

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(A) CHAIR.—The chair of the Committee on Armed

Services of the House of Representative and the chair of the
Committee on Armed Services of the Senate shall jointly
designate one member of the Commission to serve as chair
of the Commission.
(B) VICE CHAIR.—The ranking minority member of the
Committee on Armed Services of the House of Representa-
tive and the ranking minority member of the Committee on
Armed Services of the Senate shall jointly designate one
member of the Commission to serve as vice chair of the
Commission.
(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall
be appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(c) DUTIES.—
(1) REVIEW.—The Commission shall review the current na-
tional defense strategy of the United States, including the as-
sumptions, missions, force posture and structure, and strategic
and military risks associated with the strategy.
(2) ASSESSMENT AND RECOMMENDATIONS.—The Commis-
sion shall conduct a comprehensive assessment of the strategic
environment, the threats to the United States, the size and
shape of the force, the readiness of the force, the posture and ca-
pabilities of the force, the allocation of resources, and strategic
and military risks in order to provide recommendations on the
national defense strategy for the United States.
(d) COOPERATION FROM GOVERNMENT.—
(1) COOPERATION.—In carrying out its duties, the Commis-
sion shall receive the full and timely cooperation of the Sec-
retary of Defense in providing the Commission with analysis,
briefings, and other information necessary for the fulfillment of
its responsibilities.
(2) LIAISON.—The Secretary shall designate at least one of-
ficer or employee of the Department of Defense to serve as a liai-
son officer between the Department and the Commission.
(e) REPORT.—
(1) FINAL REPORT.—Not later than December 1, 2017, the
Commission shall submit to the President, the Secretary of De-
fense, the Committee on Armed Services of the House of Rep-
resentatives, and the Committee on Armed Services of the Sen-
ate a report on the Commission’s findings, conclusions, and rec-
ommendations. The report shall address, but not be limited to,
each of the following:
(A) The strategic environment, including threats to the
United States and the potential for conflicts arising from
such threats, security challenges, and the national security
interests of the United States.
(B) The military missions for which the Department of
Defense should prepare and the force planning construct.
(C) The roles and missions of the Armed Forces to
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carry out those missions and the roles and capabilities pro-
vided by other United States Government agencies and by
allies and international partners.

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(D) The force planning construct, size and shape, pos-

ture and capabilities, readiness, infrastructure, organiza-
tion, personnel, and other elements of the defense program
necessary to support the strategy.
(E) The resources necessary to support the strategy, in-
cluding budget recommendations.
(F) The risks associated with the strategy, including
the relationships and tradeoffs between missions, risks, and
resources.
(2) INTERIM BRIEFING.—Not later than June 1, 2017, the
Commission shall provide to the Committee on Armed Services
of the House of Representatives, and the Committee on Armed
Services of the Senate a briefing on the status of its review and
assessment, and include a discussion of any interim rec-
ommendations.
(3) FORM.—The report submitted to Congress under para-
graph (1) shall be submitted in unclassified form, but may in-
clude a classified annex.
(f) FUNDING.—Of the amounts authorized to be appropriated by
to this Act for the Department of Defense, $5,000,000 is available
to fund the activities of the Commission.
(g) TERMINATION.—The Commission shall terminate 6 months
after the date on which it submits the report required by subsection
(e).
SEC. 943. REFORM OF THE NATIONAL MILITARY STRATEGY.
(a) IN GENERAL.—Paragraph (1) of section 153(b) of title 10,
United States Code, is amended to read as follows:
‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The Chairman
shall determine each even-numbered year whether to prepare a
new National Military Strategy in accordance with this para-
graph or to update a strategy previously prepared in accordance
with this paragraph. The Chairman shall provide such Na-
tional Military Strategy or update to the Secretary of Defense
in time for transmittal to Congress pursuant to paragraph (3),
including in time for inclusion in the report of the Secretary of
Defense, if any, under paragraph (4).
‘‘(B) Each National Military Strategy (or update) under this
paragraph shall be based on a comprehensive review conducted
by the Chairman in conjunction with the other members of the
Joint Chiefs of Staff and the commanders of the unified and
specified combatant commands. Each update shall address only
those parts of the most recent National Military Strategy for
which the Chairman determines, on the basis of the review, that
a modification is needed.
‘‘(C) Each National Military Strategy (or update) submitted
under this paragraph shall describe how the military will sup-
port the objectives of the United States as articulated in—
‘‘(i) the most recent National Security Strategy pre-
scribed by the President pursuant to section 108 of the Na-
tional Security Act of 1947 (50 U.S.C. 3043);
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‘‘(ii) the most recent annual report of the Secretary of

Defense submitted to the President and Congress pursuant
to section 113 of this title;

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‘‘(iii) the most recent national defense strategy pre-

sented by the Secretary of Defense pursuant to section 113
of this title;
‘‘(iv) the most recent policy guidance provided by the
Secretary of Defense pursuant to section 113(g) of this title;
and
‘‘(v) any other national security or defense strategic
guidance issued by the President or the Secretary of De-
fense.
‘‘(D) At a minimum, each National Military Strategy (or
update) submitted under this paragraph shall—
‘‘(i) assess the strategic environment, threats, opportu-
nities, and challenges that affect the national security of
the United States;
‘‘(ii) assess military ends, ways, and means to support
the objectives referred to in subparagraph (C);
‘‘(iii) provide the framework for the assessment by the
Chairman of military strategic and operational risks, and
for the development of risk mitigation options;
‘‘(iv) develop military options to address threats and
opportunities;
‘‘(v) assess joint force capabilities, capacities, and re-
sources; and
‘‘(vi) establish military guidance for the development of
the joint force and the total force building on guidance by
the President and the Secretary of Defense as referred to in
subparagraph (C).’’.
(b) MODIFICATION TO RISK ASSESSMENT.—Paragraph (2) of
such section is amended—
(1) in the third sentence of subparagraph (A), by striking
‘‘of the report’’ and inserting ‘‘in the report’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘(or update)’’ after ‘‘National Military
Strategy’’ each place it appears;
(B) in clause (ii), by striking ‘‘strategic risks to United
States interests’’ and all that follows and inserting ‘‘mili-
tary strategic and operational risks to United States inter-
ests and the military strategic and operational risks in exe-
cuting the National Military Strategy (or update).’’;
(C) in clause (iii), by striking ‘‘distinguishing between
the concepts of probability and consequences’’;
(D) in clause (iv)(II), by striking ‘‘most’’; and
(E) in clause (v), by striking ‘‘or support of—’’ and all
the follows and inserting ‘‘of external support, as appro-
priate.’’.
(c) FORM.—Paragraph (3) of such section is amended by adding
at the end the following new subparagraph:
‘‘(C) The National Military Strategy (or update) and Risk
Assessment submitted under this subsection shall be classified
in form, but shall include an unclassified summary.’’.
SEC. 944. FORM OF ANNUAL NATIONAL SECURITY STRATEGY REPORT.
Section 108(c) of the National Security Act of 1947 (50 U.S.C.
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3043(c)) is amended by striking ‘‘in both a classified form and an

unclassified form’’ and inserting ‘‘to Congress in classified form, but
may include an unclassified summary’’.

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SEC. 945. MODIFICATION TO INDEPENDENT STUDY OF NATIONAL SE-
CURITY STRATEGY FORMULATION PROCESS.
Section 1064(b)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 989) is amended—
(1) in subparagraph (D), by inserting ‘‘, including Con-
gress,’’ after ‘‘Federal Government’’; and
(2) by adding at the end the following new subparagraph:
‘‘(E) The capabilities and limitations of the Department
of Defense workforce responsible for conducting strategic
planning, including recommendations for improving the
workforce through training, education, and career manage-
ment.’’.
Subtitle F—Other Matters
SEC. 951. ENHANCED SECURITY PROGRAMS FOR DEPARTMENT OF DE-
FENSE PERSONNEL AND INNOVATION INITIATIVES.
(a) ENHANCEMENT OF SECURITY PROGRAMS GENERALLY.—
(1) PERSONNEL BACKGROUND AND SECURITY PLAN RE-
QUIRED.—The Secretary of Defense shall develop an implemen-
tation plan for the Defense Security Service to conduct, after Oc-
tober 1, 2017, background investigations for personnel of the
Department of Defense whose investigations are adjudicated by
the Consolidated Adjudication Facility of the Department. The
Secretary shall submit the implementation plan to the congres-
sional defense committees by not later than August 1, 2017.
(2) PLAN FOR POTENTIAL TRANSFER OF INVESTIGATIVE PER-
SONNEL TO DEPARTMENT OF DEFENSE.—Not later than October
1, 2017, the Secretary and the Director of the Office of Per-
sonnel Management shall develop a plan to transfer Govern-
ment investigative personnel and contracted resources to the De-
partment in proportion to the background and security inves-
tigative workload that would be assumed by the Department if
the plan required by paragraph (1) were implemented.
(3) REPORT.—Not later than August 1, 2017, the Secretary
shall submit to the congressional defense committees a report on
the number of full-time equivalent employees of the manage-
ment headquarters of the Department that would be required by
the Defense Security Service to carry out the plan developed
under paragraph (1).
(4) COLLECTION, STORAGE, AND RETENTION OF INFORMA-
TION BY INSIDER THREAT PROGRAMS.—In order to enable detec-
tion and mitigation of potential insider threats, the Secretary
shall ensure that insider threat programs of the Department
collect, store, and retain information from the following:
(A) Personnel security.
(B) Physical security.
(C) Information security.
(D) Law enforcement.
(E) Counterintelligence.
(F) User activity monitoring.
(G) Information assurance.
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(H) Such other data sources as the Secretary considers

necessary and appropriate.
(b) ELEMENTS OF SYSTEM.—

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(1) IN GENERAL.—In developing a system for the perform-

ance of background investigations for personnel in carrying out
subsection (a), the Secretary shall—
(A) conduct a review of security clearance business
processes and, to the extent practicable, modify such proc-
esses to maximize compatibility with the security clearance
information technology architecture to minimize the need
for customization of the system;
(B) conduct business process mapping of the business
processes described in subparagraph (A);
(C) use spiral development and incremental acquisition
practices to rapidly deploy the system, including through
the use of prototyping and open architecture principles;
(D) establish a process to identify and limit interfaces
with legacy systems and to limit customization of any com-
mercial information technology tools used;
(E) establish automated processes for measuring the
performance goals of the system;
(F) incorporate capabilities for the continuous moni-
toring of network security and the mitigation of insider
threats to the system;
(G) institute a program to collect and maintain data
and metrics on the background investigation process; and
(H) establish a council (to be known as the ‘‘Depart-
ment of Defense Background Investigations Rate Council’’)
to advise and advocate for rate efficiencies for background
clearance investigation rates, and to negotiate rates for
background investigation services provided to outsides enti-
ties and agencies when requested.
(2) COMPLETION DATE.—The Secretary shall complete the
development and implementation of the system described in
paragraph (1) by not later than September 30, 2019.
(c) ESTABLISHMENT OF ENHANCED SECURITY PROGRAM TO SUP-
PORT DEPARTMENT OF DEFENSE INNOVATION INITIATIVE.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a per-
sonnel security program, and take such other actions as the
Secretary considers appropriate, to support the Innovation Ini-
tiative of the Department to better leverage commercial tech-
nology.
(2) POLICIES AND PROCEDURES.—In establishing the pro-
gram required by paragraph (1), the Secretary shall develop
policies and procedures to rapidly and inexpensively investigate
and adjudicate security clearances for personnel from commer-
cial companies with innovative technologies and solutions to en-
able such companies to receive relevant threat reporting and to
propose solutions for a broader set of Department requirements.
(3) ACCESS TO CLASSIFIED INFORMATION.—The Secretary
shall ensure that access to classified information under the pro-
gram required by paragraph (1) is not contingent on a company
already being under contract with the Department.
(4) AWARD OF SECURITY CLEARANCES.—The Secretary may
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award secret clearances under the program required by para-

graph (1) for limited purposes and periods relating to the acqui-
sition or modification of capabilities and services.

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(d) UPDATED GUIDANCE AND REVIEW OF POLICIES.—

(1) REVIEW OF APPLICABLE LAWS.—The Secretary shall re-
view laws, regulations, and executive orders relating to the
maintenance of personnel security clearance information by the
Federal Government, including the investigation timeline
metrics established in the Intelligence Reform and Prevention of
Terrorism Act of 2004 (Public Law 108–458). The review should
also identify recommendations to eliminate duplicative or out-
dated authorities in current executive orders, regulations and
guidance. Not later than 90 days after the date of the enactment
of this Act, the Secretary shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing that includes—
(A) the results of the review; and
(B) recommendations, if any, for consolidating and
clarifying laws, regulations, and executive orders relating
to the maintenance of personnel security clearance informa-
tion by the Federal Government.
(2) RECIPROCITY DIRECTIVE.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall coordi-
nate with the Security Executive Agent, in consultation with the
Suitability Executive Agent, to issue an updated reciprocity di-
rective that accounts for security policy changes associated with
new position designation regulations under section 1400 of title
5, Code of Federal Regulations, new continuous evaluation poli-
cies, and new Federal investigative standards.
(3) IMPLEMENTATION DIRECTIVES.—The Secretary, working
with the Security Executive Agent and the Suitability Executive
Agent, shall jointly develop and issue directives on—
(A) completing the implementation of the National Se-
curity Sensitive Position designations required by section
1400 of title 5, Code of Federal Regulations; and
(B) aligning to the maximum practical extent the inves-
tigative and adjudicative standards and criteria for posi-
tions requiring access to classified information and na-
tional security sensitive positions not requiring access to
classified information to ensure effective and efficient reci-
procity and consistent designation of like-positions across
the Federal Government.
(e) WAIVER OF CERTAIN DEADLINES.—For each of fiscal years
2017 through 2019, the Secretary may waive any background inves-
tigation timeline specified in the Intelligence Reform and Prevention
of Terrorism Act of 2004 if the Secretary submits to the appropriate
committees of Congress a written notification on the waiver not later
than 30 days before the beginning of the fiscal year concerned.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ has the
meaning given that term in section 3001(a)(8) of the Intelligence
Reform and Prevention of Terrorism Act of 2004 (50 U.S.C.
3341(a)(8)).
(2) The term ‘‘business process mapping’’ has the meaning
given that term in section 2222(i) of title 10, United States
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Code.
(3) The term ‘‘insider threat’’ means, with respect to the De-
partment, a threat presented by a person who—

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(A) has, or once had, authorized access to information,

a facility, a network, a person, or a resource of the Depart-
ment; and
(B) wittingly, or unwittingly, commits—
(i) an act in contravention of law or policy that re-
sulted in, or might result in, harm through the loss or
degradation of government or company information, re-
sources, or capabilities; or
(ii) a destructive act, which may include physical
harm to another in the workplace.
SEC. 952. MODIFICATION OF AUTHORITY OF THE SECRETARY OF DE-
FENSE RELATING TO PROTECTION OF THE PENTAGON
RESERVATION AND OTHER DEPARTMENT OF DEFENSE FA-
CILITIES IN THE NATIONAL CAPITAL REGION.
(a) LAW ENFORCEMENT AUTHORITY.—Subsection (b) of section
2674 of title 10, United States Code, is amended—
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking the matter in such subsection preceding such
paragraph and inserting the following:
‘‘(b)(1) The Secretary shall protect the buildings, grounds, and
property located in the National Capital Region that are occupied
by, or under the jurisdiction, custody, or control of, the Department
of Defense, and the persons on that property.
‘‘(2) The Secretary may designate military or civilian personnel
to perform law enforcement functions and military, civilian, or con-
tract personnel to perform security functions for such buildings,
grounds, property, and persons, including, with regard to civilian
personnel designated under this section, duty in areas outside the
property referred to in paragraph (1) to the extent necessary to pro-
tect that property and persons on that property. Subject to the au-
thorization of the Secretary, any such military or civilian personnel
so designated may exercise the authorities listed in paragraphs (1)
through (5) of section 2672(c) of this title.
‘‘(3) The powers granted under paragraph (2) to military and
civilian personnel designated under that paragraph shall be exer-
cised in accordance with guidelines prescribed by the Secretary and
approved by the Attorney General.
‘‘(4) Nothing in this subsection shall be construed to—
‘‘(A) preclude or limit the authority of any Defense Criminal
Investigative Organization or any other Federal law enforce-
ment agency;
‘‘(B) restrict the authority of the Secretary of Homeland Se-
curity under the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) or the authority of the Administrator of General Serv-
ices, including the authority to promulgate regulations affecting
property under the custody and control of that Secretary or the
Administrator, respectively;
‘‘(C) expand or limit section 21 of the Internal Security Act
of 1950 (50 U.S.C. 797);
‘‘(D) affect chapter 47 of this title (the Uniform Code of
Military Justice);
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‘‘(E) restrict any other authority of the Secretary of Defense

or the Secretary of a military department; or

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 379

‘‘(F) restrict the authority of the Director of the National Se-

curity Agency under section 11 of the National Security Agency
Act of 1959 (50 U.S.C. 3609).’’.
(b) RATES OF BASIC PAY FOR CIVILIAN LAW ENFORCEMENT PER-
SONNEL.—Paragraph (5) of such subsection, as redesignated by sub-
section (a)(1) of this section, is amended by inserting ‘‘, whichever
is greater’’ before the period at the end.
(c) CODIFICATION OF AUTHORITY TO PROVIDE PHYSICAL PRO-
TECTION AND PERSONAL SECURITY WITHIN UNITED STATES TO CER-
TAIN SENIOR LEADERS IN DOD AND OTHER SPECIFIED PERSONS.—
(1) IN GENERAL.—Chapter 41 of title 10, United States
Code, is amended by inserting after section 713 a new section
714 consisting of—
(A) a heading as follows:
‘‘§ 714. Senior leaders of the Department of Defense and other
specified persons: authority to provide protection
within the United States’’; and
(B) a text consisting of the text of subsections (a)
through (d) of section 1074 of the National Defense Author-
ization Act for Fiscal Year 2008 (10 U.S.C. 113 note).
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 41 of such title is amended by adding at the
end the following new item:
‘‘714. Senior leaders of the Department of Defense and other specified persons: au-
thority to provide protection within the United States.’’.
(3) REPEAL OF CODIFIED PROVISION.—Section 1074 of the
National Defense Authorization Act for Fiscal Year 2008 is re-
pealed.
(4) CONFORMING AND STYLISTIC AMENDMENTS DUE TO CODI-
FICATION.—Section 714 of title 10, United States Code, as
added by paragraph (1), is amended—
(A) in subsections (a), (b)(1), and (d)(1), by striking
‘‘Armed Forces’’ and inserting ‘‘armed forces’’;
(B) in subsection (c)—
(i) by striking ‘‘section:’’ and all that follows
through ‘‘Forces’ and’’ and inserting ‘‘section, the terms
‘qualified members of the armed forces’ and’’; and
(ii) by redesignating subparagraphs (A) through
(E) as paragraphs (1) through (5), respectively, and re-
aligning the left margin of such paragraphs, as so re-
designated, two ems to the left; and
(C) in subsection (d)(2), by striking ‘‘, United States
Code’’.
(5) AMENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE
AS TO SERVICE CHIEFS.—Such section is further amended—
(A) in subsection (a)—
(i) in paragraph (6), by striking ‘‘Chiefs of the
Services’’ and inserting ‘‘Members of the Joint Chiefs of
Staff in addition to the Chairman and Vice Chair-
man’’;
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(ii) by striking paragraph (7); and

(iii) by redesignating paragraph (8) as paragraph
(7); and

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(B) in subsection (b)(1), by striking ‘‘through (8)’’ and

inserting ‘‘through (7)’’.
(6) AMENDMENTS FOR CONSISTENCY WITH TITLE 10 USAGE
AS TO ‘‘MILITARY MEMBER’’.—Subsection (b)(2)(A) of such section
is amended—
(A) by striking ‘‘, military member,’’; and
(B) by inserting after ‘‘of the Department of Defense’’
the following: ‘‘or member of the armed forces’’.
SEC. 953. MODIFICATIONS TO REQUIREMENTS FOR ACCOUNTING FOR
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING.
(a) LIMITATION OF DEFENSE POW/MIA ACCOUNTING AGENCY
TO MISSING PERSONS FROM PAST CONFLICTS.—Section 1501(a) of
title 10, United States Code, is amended—
(1) in paragraph (1)(A), by inserting ‘‘from past conflicts’’
after ‘‘matters relating to missing persons’’;
(2) in paragraph (2)—
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), (D), (E),
and (F) as subparagraphs (A), (B), (C), (D), and (E), respec-
tively; and
(C) by inserting ‘‘from past conflicts’’ after ‘‘missing
persons’’ each place it appears;
(3) in paragraph (4)—
(A) by striking ‘‘for personal recovery (including search,
rescue, escape, and evasion) and’’; and
(B) by inserting ‘‘from past conflicts’’ after ‘‘missing
persons’’; and
(4) by striking paragraph (5).
(b) ACTION UPON DISCOVERY OR RECEIPT OF INFORMATION.—
Section 1505(c) of such title is amended by striking ‘‘designated
Agency Director’’ in paragraphs (1), (2), and (3) and inserting ‘‘Sec-
retary of Defense’’.
(c) DEFINITION OF ‘‘ACCOUNTED FOR’’.—Section 1513(3)(B) of
such title is amended by inserting ‘‘to the extent practicable’’ after
‘‘are recovered’’.
SEC. 954. MODIFICATIONS TO CORROSION REPORT.
(a) MODIFICATIONS TO REPORT TO CONGRESS.—Section
2228(e)(1) of title 10, United States Code, is amended—
(1) in the matter preceding subparagraph (A), by inserting
after ‘‘2009’’ the following: ‘‘and ending with the budget for fis-
cal year 2022’’;
(2) by amending subparagraph (B) to read as follows:
‘‘(B) The estimated composite return on investment achieved
by implementing the strategy, and documented in the assess-
ments by the Department of Defense of completed corrosion
projects and activities.’’;
(3) by amending subparagraph (D) to read as follows:
‘‘(D) If the full amount of funding requirements is not re-
quested in the budget, the reasons for not including the full
amount and a description of the impact on readiness, logistics,
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and safety of not fully funding required corrosion prevention

and mitigation activities.’’; and
(4) in subparagraph (F), by striking ‘‘pilot’’.

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(b) REPORT TO DIRECTOR OF CORROSION POLICY AND OVER-

SIGHT.—Section 2228(e)(2) of such title is amended—
(1) by inserting ‘‘(A)’’ before ‘‘Each report’’;
(2) by striking ‘‘a copy of’’ and all that follows through the
period and inserting ‘‘a summary of the most recent report re-
quired by subparagraph (B).’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) Not later than December 31 of each year, through Decem-
ber 31, 2020, the corrosion control and prevention executive of a
military department shall submit to the Director of Corrosion Policy
and Oversight a report containing recommendations pertaining to
the corrosion control and prevention program of the military depart-
ment. Such report shall include recommendations for the funding
levels necessary for the executive to carry out the duties of the execu-
tive under this section. The report required under this subpara-
graph shall—
‘‘(i) provide a summary of key accomplishments, goals, and
objectives of the corrosion control and prevention program of the
military department; and
‘‘(ii) include the performance measures used to ensure that
the corrosion control and prevention program achieved the
goals and objectives described in clause (i).’’.
(c) CONFORMING REPEAL.—Section 903(b) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C.
2228 note) is amended by striking paragraph (5).
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Report on auditable financial statements.
Sec. 1003. Increased use of commercial data integration and analysis products for
the purpose of preparing financial statement audits.
Sec. 1004. Sense of Congress on sequestration.
Sec. 1005. Requirement to transfer funds from Department of Defense Acquisition
Workforce Development Fund to the Treasury.
Subtitle B—Counterdrug Activities
Sec. 1011. Codification and modification of authority to provide support for
counterdrug activities and activities to counter transnational organized
crime of civilian law enforcement agencies.
Sec. 1012. Secretary of Defense review of curricula and program structures of Na-
tional Guard counterdrug schools.
Sec. 1013. Extension of authority to support unified counterdrug and counterter-
rorism campaign in Colombia.
Sec. 1014. Enhancement of information sharing and coordination of military train-
ing between Department of Homeland Security and Department of De-
fense.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Definition of short-term work with respect to overhaul, repair, or mainte-
nance of naval vessels.
Sec. 1022. Warranty requirements for shipbuilding contracts.
Sec. 1023. National Sea-Based Deterrence Fund.
Sec. 1024. Availability of funds for retirement or inactivation of Ticonderoga-class
cruisers or dock landing ships.
Subtitle D—Counterterrorism
Sec. 1031. Frequency of counterterrorism operations briefings.
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Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained
at United States Naval Station, Guantanamo Bay, Cub, to the United
States.

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

Subtitle E—Miscellaneous Authorities and Limitations

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

Subtitle F—Studies and Reports

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

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Sec. 1074. Independent review of United States military strategy and force posture
in the United States Pacific Command area of responsibility.
Sec. 1075. Assessment of the joint ground forces of the Armed Forces.

Subtitle G—Other Matters

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

Subtitle A—Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for fiscal
year 2017 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) LIMITATION.—Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,500,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military
personnel authorizations under title IV shall not be counted to-
ward the dollar limitation in paragraph (2).
(b) LIMITATIONS.—The authority provided by subsection (a) to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section shall
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be deemed to increase the amount authorized for the account to

which the amount is transferred by an amount equal to the amount
transferred.

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(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify

Congress of each transfer made under subsection (a).
SEC. 1002. REPORT ON AUDITABLE FINANCIAL STATEMENTS.
Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional de-
fense committees a report ranking all military departments and De-
fense Agencies in order of how advanced they are in achieving
auditable financial statements as required by law. The report
should not include information otherwise available in other reports
to Congress.
SEC. 1003. INCREASED USE OF COMMERCIAL DATA INTEGRATION AND
ANALYSIS PRODUCTS FOR THE PURPOSE OF PREPARING
FINANCIAL STATEMENT AUDITS.
(a) DEPLOYMENT OF DATA ANALYTICS CAPABILITIES.—The Sec-
retary of Defense shall use competitive procedures under chapter
137 of title 10, United States Code, to procure or develop, as soon
as practicable, technologies or services, including those based on
commercially available information technologies and services to im-
prove data collection and analyses to support preparation of
auditable financial statements for the Department of Defense.
(b) USE OF FUNDING AND RESOURCES.—The Secretary of De-
fense may use science and technology funding, prototypes, and test
and evaluation resources as appropriate in support of this deploy-
ment.
(c) REPORT ON PERFORMANCE.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Chief Financial Officer and the Chief Man-
agement Officer of the Department of Defense, shall submit to the
congressional defense committees a report on the capabilities pro-
cured pursuant to subsection (a), including the results of using such
capabilities in connection with auditing a financial statement of the
Department of Defense.
SEC. 1004. SENSE OF CONGRESS ON SEQUESTRATION.
It is the sense of the Congress that—
(1) the fiscal challenges of the Federal Government are a
top priority for Congress, and sequestration—non-strategic,
across-the-board budget cuts—remains an unreasonable and in-
adequate budgeting tool to address the deficits and debt of the
Federal Government;
(2) budget caps imposed by the Budget Control Act of 2011
(Public Law 112–25) impose unacceptable limitations on the
budget and increase risk to the national security of the United
States; and
(3) the budget caps imposed by the Budget Control Act of
2011 must be modified or eliminated through a bipartisan leg-
islative agreement.
SEC. 1005. REQUIREMENT TO TRANSFER FUNDS FROM DEPARTMENT
OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND TO THE TREASURY.
(a) TRANSFER REQUIRED.—During fiscal year 2017, the Sec-
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retary of Defense shall transfer, from amounts available in the De-

partment of Defense Acquisition Workforce Development Fund from
amounts credited to the Fund pursuant to section 1705(d)(2) of title

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10, United States Code, $475,000,000 to the Secretary of the Treas-

ury for deposit in the general fund of the Treasury.
(b) ADDITIONAL AUTHORITY.—The transfer authority provided
by this section is in addition to any other transfer authority con-
tained in this Act.
Subtitle B—Counterdrug Activities
SEC. 1011. CODIFICATION AND MODIFICATION OF AUTHORITY TO PRO-
VIDE SUPPORT FOR COUNTERDRUG ACTIVITIES AND AC-
TIVITIES TO COUNTER TRANSNATIONAL ORGANIZED
CRIME OF CIVILIAN LAW ENFORCEMENT AGENCIES.
(a) CODIFICATION AND MODIFICATION.—
(1) IN GENERAL.—Chapter 18 of title 10, United States
Code, is amended by adding at the end the following new sec-
tion:
‘‘§ 384. Support for counterdrug activities and activities to
counter transnational organized crime
‘‘(a) SUPPORT TO OTHER AGENCIES.—The Secretary of Defense
may provide support for the counterdrug activities or activities to
counter transnational organized crime of any other department or
agency of the Federal Government or of any State, local, tribal, or
foreign law enforcement agency for any of the purposes set forth in
subsection (b) or (c), as applicable, if—
‘‘(1) in the case of support described in subsection (b), such
support is requested—
‘‘(A) by the official who has responsibility for the
counterdrug activities or activities to counter transnational
organized crime of the department or agency of the Federal
Government, in the case of support for other departments or
agencies of the Federal Government; or
‘‘(B) by the appropriate official of a State, local, or trib-
al government, in the case of support for State, local, or
tribal law enforcement agencies; or
‘‘(2) in the case of support described in subsection (c), such
support is requested by an appropriate official of a department
or agency of the Federal Government, in coordination with the
Secretary of State, that has counterdrug responsibilities or re-
sponsibilities for countering transnational organized crime.
‘‘(b) TYPES OF SUPPORT FOR AGENCIES OF UNITED STATES.—
The purposes for which the Secretary may provide support under
subsection (a) for other departments or agencies of the Federal Gov-
ernment or a State, local, or tribal law enforcement agencies, are the
following:
‘‘(1) The maintenance and repair of equipment that has
been made available to any department or agency of the Federal
Government or to any State, local, or tribal government by the
Department of Defense for the purposes of—
‘‘(A) preserving the potential future utility of such
equipment for the Department of Defense; and
‘‘(B) upgrading such equipment to ensure compatibility
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of that equipment with other equipment used by the De-

partment.

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‘‘(2) The maintenance, repair, or upgrading of equipment

(including computer software), other than equipment referred to
in paragraph (1) for the purpose of—
‘‘(A) ensuring that the equipment being maintained or
repaired is compatible with equipment used by the Depart-
ment of Defense; and
‘‘(B) upgrading such equipment to ensure the compat-
ibility of that equipment with equipment used by the De-
partment.
‘‘(3) The transportation of personnel of the United States
and foreign countries (including per diem expenses associated
with such transportation), and the transportation of supplies
and equipment, for the purpose of facilitating counterdrug ac-
tivities or activities to counter transnational organized crime
within or outside the United States.
‘‘(4) The establishment (including an unspecified minor
military construction project) and operation of bases of oper-
ations or training facilities for the purpose of facilitating
counterdrug activities or activities to counter transnational or-
ganized crime of the Department of Defense or any Federal,
State, local, or tribal law enforcement agency within or outside
the United States.
‘‘(5) Counterdrug or counter-transnational organized crime
related training of law enforcement personnel of the Federal
Government, of State, local, and tribal governments, including
associated support expenses for trainees and the provision of
materials necessary to carry out such training.
‘‘(6) The detection, monitoring, and communication of the
movement of—
‘‘(A) air and sea traffic within 25 miles of and outside
the geographic boundaries of the United States; and
‘‘(B) surface traffic outside the geographic boundary of
the United States and within the United States not to ex-
ceed 25 miles of the boundary if the initial detection oc-
curred outside of the boundary.
‘‘(7) Construction of roads and fences and installation of
lighting to block drug smuggling corridors across international
boundaries of the United States.
‘‘(8) Establishment of command, control, communications,
and computer networks for improved integration of law enforce-
ment, active military, and National Guard activities.
‘‘(9) The provision of linguist and intelligence analysis serv-
ices.
‘‘(10) Aerial and ground reconnaissance.
‘‘(c) TYPES OF SUPPORT FOR FOREIGN LAW ENFORCEMENT
AGENCIES.—
‘‘(1) PURPOSES.—The purposes for which the Secretary may
provide support under subsection (a) for foreign law enforce-
ment agencies are the following:
‘‘(A) The transportation of personnel of the United
States and foreign countries (including per diem expenses
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associated with such transportation), and the transpor-

tation of supplies and equipment, for the purpose of facili-
tating counterdrug activities or activities to counter

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transnational organized crime within or outside the United

States.
‘‘(B) The establishment (including small scale construc-
tion) and operation of bases of operations or training facili-
ties for the purpose of facilitating counterdrug activities or
activities to counter transnational organized crime of a for-
eign law enforcement agency outside the United States.
‘‘(C) The detection, monitoring, and communication of
the movement of—
‘‘(i) air and sea traffic within 25 miles of and out-
side the geographic boundaries of the United States;
and
‘‘(ii) surface traffic outside the geographic bound-
aries of the United States.
‘‘(D) Establishment of command, control, communica-
tions, and computer networks for improved integration of
United States Federal and foreign law enforcement entities
and United States Armed Forces.
‘‘(E) The provision of linguist and intelligence analysis
services.
‘‘(F) Aerial and ground reconnaissance.
‘‘(2) COORDINATION WITH SECRETARY OF STATE.—In pro-
viding support for a purpose described in this subsection, the
Secretary shall coordinate with the Secretary of State.
‘‘(d) CONTRACT AUTHORITY.—In carrying out subsection (a), the
Secretary may acquire services or equipment by contract for support
provided under that subsection if the Department of Defense would
normally acquire such services or equipment by contract for the pur-
pose of conducting a similar activity for the Department.
‘‘(e) LIMITED WAIVER OF PROHIBITION.—Notwithstanding sec-
tion 376 of this title, the Secretary may provide support pursuant
to subsection (a) in any case in which the Secretary determines that
the provision of such support would adversely affect the military
preparedness of the United States in the short term if the Secretary
determines that the importance of providing such support outweighs
such short-term adverse effect.
‘‘(f) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN
AGENCIES.—In providing support pursuant to subsection (a), the
Secretary may plan and execute otherwise valid military training or
operations (including training exercises undertaken pursuant to sec-
tion 1206(a) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101–189; 103 Stat. 1564) for the
purpose of aiding civilian law enforcement agencies.
‘‘(g) RELATIONSHIP TO OTHER SUPPORT AUTHORITIES.—
‘‘(1) ADDITIONAL AUTHORITY.—The authority provided in
this section for the support of counterdrug activities or activities
to counter transnational organized crime by the Department of
Defense is in addition to, and except as provided in paragraph
(2), not subject to the other requirements of this chapter.
‘‘(2) EXCEPTION.—Support under this section shall be sub-
ject to the provisions of section 375 and, except as provided in
subsection (e), section 376 of this title.
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‘‘(h) CONGRESSIONAL NOTIFICATION.—

‘‘(1) IN GENERAL.—Not less than 15 days before providing
support for an activity under subsection (a), the Secretary of De-

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 388

fense shall submit to the appropriate committees of Congress a

written and electronic notice of the following:
‘‘(A) In the case of support for a purpose described in
subsection (c)—
‘‘(i) the country the capacity of which will be built
or enabled through the provision of such support;
‘‘(ii) the budget, implementation timeline with
milestones, anticipated delivery schedule for support,
and completion date for the purpose or project for
which support is provided;
‘‘(iii) the source and planned expenditure of funds
provided for the project or purpose;
‘‘(iv) a description of the arrangements, if any, for
the sustainment of the project or purpose and the
source of funds to support sustainment of the capabili-
ties and performance outcomes achieved using such
support, if applicable;
‘‘(v) a description of the objectives for the project or
purpose and evaluation framework to be used to de-
velop capability and performance metrics associated
with operational outcomes for the recipient;
‘‘(vi) information, including the amount, type, and
purpose, about the support provided the country during
the three fiscal years preceding the fiscal year for
which the support covered by the notice is provided
under this section under—
‘‘(I) this section;
‘‘(II) section 23 of the Arms Export Control Act
(22 U.S.C. 2763);
‘‘(III) peacekeeping operations;
‘‘(IV) the International Narcotics Control and
Law Enforcement program under section 481 of
the Foreign Assistance Act of 1961 (22 U.S.C.
2291);
‘‘(V) Nonproliferation, Anti-Terrorism,
Demining, and Related Programs;
‘‘(VI) counterdrug activities authorized by sec-
tion 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 374 note) and
section 1033 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85); or
‘‘(VII) any other significant program, account,
or activity for the provision of security assistance
that the Secretary of Defense and the Secretary of
State consider appropriate;
‘‘(vii) an evaluation of the capacity of the recipient
country to absorb the support provided; and
‘‘(viii) an evaluation of the manner in which the
project or purpose for which the support is provided
fits into the theater security cooperation strategy of the
applicable geographic combatant command.
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‘‘(B) In the case of support for a purpose described in

subsection (b) or (c), a description of any small scale con-
struction project for which support is provided.

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‘‘(2) COORDINATION WITH SECRETARY OF STATE.—In pro-

viding notice under this subsection for a purpose described in
subsection (c), the Secretary of Defense shall coordinate with the
Secretary of State.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate committees of Congress’ means—
‘‘(A) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs of
the House of Representatives; and
‘‘(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Relations
of the Senate.
‘‘(2) The term ‘Indian tribe’ means a Federally recognized
Indian tribe.
‘‘(3) The term ‘small scale construction’ means construction
at a cost not to exceed $750,000 for any project.
‘‘(4) The term ‘tribal government’ means the governing body
of an Indian tribe, the status of whose land is ‘Indian country’
as defined in section 1151 of title 18 or held in trust by the
United States for the benefit of the Indian tribe.
‘‘(5) The term ‘tribal law enforcement agency’ means the
law enforcement agency of a tribal government.
‘‘(6) The term ‘transnational organized crime’ means self-
perpetuating associations of individuals who operate
transnationally for the purpose of obtaining power, influence,
monetary, or commercial gains, wholly or in part by illegal
means, while protecting their activities through a pattern of cor-
ruption or violence or through a transnational organization
structure and the exploitation of transnational commerce or
communication mechanisms.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 18 of such title is amended by adding at the
end the following new item:
‘‘384. Support for counterdrug activities and activities to counter transnational orga-
nized crime.’’.
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1004 of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C.
374 note) is repealed.
SEC. 1012. SECRETARY OF DEFENSE REVIEW OF CURRICULA AND PRO-
GRAM STRUCTURES OF NATIONAL GUARD COUNTERDRUG
SCHOOLS.
(a) IN GENERAL.—Section 901 of the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109–469; 32
U.S.C. 112 note) is amended—
(1) by redesignating subsections (e) through (g) as sub-
sections (f) through (h), respectively; and
(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) CURRICULUM REVIEW.—The Secretary of Defense shall re-
view the curriculum and program structure of each school estab-
lished under this section.’’.
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(b) TECHNICAL AMENDMENT.—Subsection (d)(1) of such section

is amended by striking ‘‘section 112(b) of that title 32’’ and inserting
‘‘section 112(b) of title 32’’.

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SEC. 1013. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Au-
thorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat.
2042), as most recently amended by section 1011 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 962), is further amended—
(1) in subsection (a)(1), by striking ‘‘2017’’ and inserting
‘‘2019’’; and
(2) in subsection (c), by striking ‘‘2017’’ and inserting
‘‘2019’’.
SEC. 1014. ENHANCEMENT OF INFORMATION SHARING AND COORDI-
NATION OF MILITARY TRAINING BETWEEN DEPARTMENT
OF HOMELAND SECURITY AND DEPARTMENT OF DE-
FENSE.
(a) IN GENERAL.—The Secretary of Homeland Security shall en-
sure that the information needs of the Department of Homeland Se-
curity relating to civilian law enforcement activities in proximity to
the international borders of the United States are identified and
communicated to the Secretary of Defense for the purposes of the
planning and executing of military training by the Department of
Defense.
(b) FORMAL MECHANISM OF NOTIFICATION.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Secretary of Defense, shall establish a
formal mechanism through which the information needs of the
Department of Homeland Security relating to civilian law en-
forcement activities in proximity to the international borders of
the United States are identified and communicated to the Sec-
retary of Defense for the purposes of the planning and executing
military training by the Department of Defense.
(2) DISSEMINATION TO THE ARMED FORCES.—To the extent
practicable, the Secretary of Defense shall ensure that such in-
formation needs are disseminated to the Armed Forces in a
timely manner so the Armed Forces may take into account the
information needs of civilian law enforcement when planning
and executing training in accordance with section 371 of title
10, United States Code.
(3) COORDINATION OF TRAINING.—To the maximum extent
practicable, the Secretary of Defense shall ensure that the plan-
ning and execution of training described in paragraph (2) is co-
ordinated with the Department of Homeland Security.
(c) SHARING OF CERTAIN INFORMATION.—Not later than 180
days after the date of the enactment of this Act, the Secretary of
Homeland Security and the Secretary of Defense shall jointly formu-
late guidance to ensure that the information relevant to civilian law
enforcement matters that is collected by the Armed Forces during
the normal course of military training or operations in proximity to
the international borders of the United States is provided promptly
to relevant officials in accordance with section 371 of title 10,
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United States Code.

(d) ANNUAL REPORTS.—
(1) DEPARTMENT OF DEFENSE REPORT.—

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 391

(A) IN GENERAL.—Not later than March 31 of each

year, the Secretary of Defense shall submit to the congres-
sional defense committees, the Committee on Homeland Se-
curity of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the
Senate a report on any assistance provided by the Depart-
ment of Defense to the border security mission of the De-
partment of Homeland Security at the international bor-
ders of the United States during the fiscal year preceding
the fiscal year during which the report is submitted.
(B) ELEMENTS.—Each report submitted under subpara-
graph (A) shall include each of the following:
(i) A description of the military training and oper-
ational activities of each military component leveraged,
pursuant to section 371 of title 10, United States Code,
to support the border security mission of the Depart-
ment of Homeland Security at the southern border of
the United States.
(ii) For each activity described in clause (i), each
of the following, identified by component:
(I) The Department of Homeland Security in-
formation need that was supported.
(II) The military training or operational activ-
ity leveraged to provide support.
(III) The duration of the support.
(IV) The cost of the support.
(iii) A description of any Department of Defense ac-
tivities provided in response to a request for assistance
from the Department of Homeland Security.
(iv) For each activity described in clause (iii)—
(I) The stated rationale of the Department of
Homeland Security for requesting assistance from
the Department of Defense.
(II) The capability provided by the Department
of Defense.
(III) The duration of the assistance provided
by the capability.
(IV) The statutory authority under which the
assistance was provided.
(V) The cost of the assistance provided.
(VI) Whether the Department of Defense was
reimbursed by the Department of Homeland Secu-
rity for the assistance provided.
(VII) In the case of assistance for which the
Department of Defense was not reimbursed, the
justification for non-reimbursement.
(v) A description of any Department of Defense ex-
cess property provided to U. S. Customs and Border
Protection.
(vi) The status of the implementation of this sec-
tion.
(vii) A description of any other activity the Sec-
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retary of Defense determines relevant.

(2) DEPARTMENT OF HOMELAND SECURITY REPORT.—Not
later than March 31 of each year, the Secretary of Homeland

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Security shall submit to the congressional defense committees,

the Committee on Homeland Security of the House of Represent-
atives, and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report on—
(A) any activities of the Department of Homeland Secu-
rity to reduce, mitigate, or eliminate the demand for De-
partment of Defense support at the international borders of
the United States; and
(B) the status of implementation of this section.
(3) TERMINATION.—The requirement to submit a report
under paragraph (1) or (2) shall terminate on January 31,
2020.
Subtitle C—Naval Vessels and Shipyards
SEC. 1021. DEFINITION OF SHORT-TERM WORK WITH RESPECT TO
OVERHAUL, REPAIR, OR MAINTENANCE OF NAVAL VES-
SELS.
Section 7299a(c)(4) of title 10, United States Code, is amended
by striking ‘‘six months’’ and inserting ‘‘10 months’’.
SEC. 1022. WARRANTY REQUIREMENTS FOR SHIPBUILDING CON-
TRACTS.
(a) WARRANTY REQUIREMENTS.—
(1) IN GENERAL.—Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new sec-
tion:
‘‘§ 7318. Warranty requirements for shipbuilding contracts
‘‘(a) REQUIREMENT.—A contracting officer for a contract for new
construction for which funds are expended from the Shipbuilding
and Conversion, Navy account shall require, as a condition of the
contract, that the work performed under the contract is covered by
a warranty for a period of at least one year.
‘‘(b) WAIVER.—If the contracting officer for a contract covered by
the requirement under subsection (a) determines that a limited li-
ability of warranted work is in the best interest of the Government,
the contracting officer may agree to limit the liability of the work
performed under the contract to a level that the contracting officer
determines is sufficient to protect the interests of the Government
and in keeping with historical levels of warranted work on similar
vessels.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of such chapter is amended by adding at the end the
following new item:
‘‘7318. Warranty requirements for shipbuilding contracts.’’.
(b) EFFECTIVE DATE.—Section 7318 of title 10, United States
Code, as added by subsection (a), shall take effect on the later of the
following dates:
(1) The date of the enactment of the National Defense Au-
thorization for Fiscal Year 2018.
(2) September 30, 2017.
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SEC. 1023. NATIONAL SEA-BASED DETERRENCE FUND.

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT OF CRITICAL
COMPONENTS TO SUPPORT CONTINUOUS PRODUCTION OF THE COM-

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MON MISSILE COMPARTMENT.—Section 2218a of title 10, United

States Code, is amended—
(1) by redesignating subsections (i) and (j) as subsections (j)
and (k), respectively; and
(2) by inserting after subsection (h) the following new sub-
section (i):
‘‘(i) AUTHORITY FOR MULTIYEAR PROCUREMENT OF CRITICAL
COMPONENTS TO SUPPORT CONTINUOUS PRODUCTION OF THE COM-
MON MISSILE COMPARTMENT.—(1) To implement the continuous
production of the common missile compartment, the Secretary of the
Navy may use funds deposited in the Fund, in conjunction with
funds appropriated for the procurement of other nuclear-powered
vessels, to enter into one or more multiyear contracts (including eco-
nomic ordering quantity contracts), for the procurement of critical
contractor-furnished and Government-furnished components for the
common missile compartments of national sea-based deterrence ves-
sels. The authority under this subsection extends to the procurement
of equivalent critical parts, components, systems, and subsystems
common with and required for other nuclear-powered vessels.
‘‘(2) In each annual budget request submitted to Congress, the
Secretary shall clearly identify funds requested for the common mis-
sile compartment and the individual ships and programs for which
such funds are requested.
‘‘(3) Any contract entered into pursuant to paragraph (1) shall
provide that any obligation of the United States to make a payment
under the contract is subject to the availability of appropriations for
that purpose and that the total liability to the Government for the
termination of the contract shall be limited to the total amount of
funding obligated for the contract as of the date of the termination.’’.
(b) DEFINITION OF NATIONAL SEA-BASED DETERRENCE VES-
SEL.—Subsection (k)(2) of such section, as redesignated by sub-
section (b), is amended—
(1) by striking ‘‘any vessel’’ and inserting ‘‘any submersible
vessel constructed or purchased after fiscal year 2016 that is’’;
and
(2) by inserting ‘‘and’’ before ‘‘that carries’’.
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVA-
TION OF TICONDEROGA-CLASS CRUISERS OR DOCK LAND-
ING SHIPS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal
year 2017 may be obligated or expended—
(1) to retire, prepare to retire, or inactivate a cruiser or
dock landing ship; or
(2) to place more than six cruisers and one dock landing
ship in the modernization program under section 1026(a)(2) of
the Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (Public Law 113–
291; 128 Stat. 3490).
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Subtitle D—Counterterrorism
SEC. 1031. FREQUENCY OF COUNTERTERRORISM OPERATIONS BRIEF-
INGS.
(a) IN GENERAL.—Subsection (a) of section 485 of title 10,
United States Code is amended by striking ‘‘quarterly’’ and insert-
ing ‘‘monthly’’.
(b) SECTION HEADING.—The section heading for such section is
amended by striking ‘‘Quarterly’’ and inserting ‘‘Monthly’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the item re-
lating to section 485 and inserting the following new item:
‘‘485. Monthly counterterrorism operations briefings.’’.
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RE-
LEASE OF INDIVIDUALS DETAINED AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUB, TO THE UNITED
STATES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the pe-
riod beginning on the date of the enactment of this Act and ending
on December 31, 2017, to transfer, release, or assist in the transfer
or release to or within the United States, its territories, or posses-
sions of Khalid Sheikh Mohammed or any other detainee who—
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense.
SEC. 1033. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MOD-
IFY FACILITIES IN THE UNITED STATES TO HOUSE DE-
TAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) IN GENERAL.—No amounts authorized to be appropriated or
otherwise made available to the Department of Defense may be used
during the period beginning on the date of the enactment of this Act
and ending on December 31, 2017, to construct or modify any facil-
ity in the United States, its territories, or possessions to house any
individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department
of Defense unless authorized by Congress.
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval Sta-
tion, Guantanamo Bay, Cuba.
(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this
section, the term ‘‘individual detained at Guantanamo’’ has the
meaning given that term in section 1034(f)(2) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 971; 10 U.S. C. 801 note).
SEC. 1034. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RE-
LEASE TO CERTAIN COUNTRIES OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
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available for the Department of Defense may be used during the pe-
riod beginning on the date of the enactment of this Act and ending
on December 31, 2017, to transfer, release, or assist in the transfer

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or release of any individual detained in the custody or under the

control of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control of any coun-
try, or any entity within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR REALIGNMENT OF
FORCES AT OR CLOSURE OF UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense for fiscal year 2017 may be
used—
(1) to close or abandon United States Naval Station, Guan-
tanamo Bay, Cuba;
(2) to relinquish control of Guantanamo Bay to the Repub-
lic of Cuba; or
(3) to implement a material modification to the Treaty Be-
tween the United States of America and Cuba signed at Wash-
ington, D.C. on May 29, 1934, that constructively closes United
States Naval Station, Guantanamo Bay.
SEC. 1036. CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR SEN-
SITIVE MILITARY OPERATIONS.
(a) TIMING OF NOTIFICATIONS.—Subsection (a) of section 130f of
title 10, United States Code, is amended in the first sentence, by in-
serting ‘‘no later than 48 hours’’ before ‘‘following such operation’’.
(b) PROCEDURES.—Subsection (b) of such section is amended—
(1) In paragraph (1), by adding at the end the following
new sentence: ‘‘The Secretary shall promptly notify the congres-
sional defense committees in writing of any changes to such
procedures at least 14 days prior to the adoption of any such
changes’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In the event of an unauthorized disclosure of a sensitive
military operation covered by this section, the Secretary shall en-
sure, to the maximum extent practicable, that the congressional de-
fense committees are notified immediately of the sensitive military
operation concerned. The notification under this paragraph may be
verbal or written, but in the event of a verbal notification a written
notification shall be provided by not later than 48 hours after the
provision of the verbal notification.’’.
(c) BRIEFING REQUIREMENTS.—Such section is further amend-
ed—
(1) in subsection (a), by striking the second sentence; and
(2) in subsection (c), by inserting before the period at the
end the following: ‘‘, including Department of Defense support
to such operations conducted under the National Security Act
of 1947 (50 U.S.C. 3001 et seq.)’’.
(d) DEFINITION OF SENSITIVE MILITARY OPERATION.—Sub-
section (d) of such section is amended by striking ‘‘means’’ and all
that follows and inserting ‘‘means the following:’’
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‘‘(1) A lethal operation or capture operation—

‘‘(A) conducted by the armed forces outside a declared
theater of active armed conflict; or

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 396

‘‘(B) conducted by a foreign partner in coordination

with the armed forces that targets a specific individual or
individuals.
‘‘(2) An operation conducted by the armed forces outside a
declared theater of active armed conflict in self-defense or in de-
fense of foreign partners, including during a cooperative oper-
ation.’’.
(e) REPEAL OF EXCEPTION TO NOTIFICATION REQUIREMENT.—
Such section is further amended—
(1) by striking subsection (e); and
(2) by redesignating subsection (f) as subsection (e).
(f) CONFORMING AMENDMENTS.—
(1) SECTION HEADING AMENDMENT.—The heading of such
section is amended to read as follows:
‘‘§ 130f. Notification requirements for sensitive military oper-
ations’’.
(2) TABLE OF SECTIONS AMENDMENT.—The table of sections
at the beginning of chapter 3 of such title is amended by strik-
ing the item relating to section 130f and inserting the following
new item:
‘‘130f. Notification requirements for sensitive military operations.’’.

Subtitle E—Miscellaneous Authorities and Limitations

SEC. 1041. EXPANDED AUTHORITY FOR TRANSPORTATION BY THE DE-
PARTMENT OF DEFENSE OF NON-DEPARTMENT OF DE-
FENSE PERSONNEL AND CARGO.
(a) TRANSPORTATION OF ALLIED AND CIVILIAN PERSONNEL AND
CARGO.—Subsection (c) of section 2649 of title 10, United States
Code, is amended—
(1) in the subsection heading, by striking ‘‘PERSONNEL’’ and
inserting ‘‘AND CIVILIAN PERSONNEL AND CARGO’’;
(2) by striking ‘‘Until January 6, 2016, when’’ and inserting
‘‘When’’; and
(3) by striking ‘‘allied forces or civilians’’, and inserting ‘‘al-
lied and civilian personnel and cargo’’.
(b) COMMERCIAL INSURANCE.—Such section is further amended
by adding at the end the following new subsection:
‘‘(d) COMMERCIAL INSURANCE.—The Secretary may enter into a
contract or other arrangement with one or more commercial pro-
viders to make insurance products available to non-Department of
Defense shippers using the Defense Transportation System to insure
against the loss or damage of the shipper’s cargo. Any such contract
or arrangement shall provide that—
‘‘(1) any insurance premium is collected by the commercial
provider;
‘‘(2) any claim for loss or damage is processed and paid by
the commercial provider;
‘‘(3) the commercial provider agrees to hold the United
States harmless and waive any recourse against the United
States for amounts paid to an insured as a result of a claim;
and
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‘‘(4) the contract between the commercial provider and the

insured shall contain a provision whereby the insured waives
any claim against the United States for loss or damage that is

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 397

within the scope of enumerated risks covered by the insurance

product.’’.
(c) CONFORMING CROSS-REFERENCE AMENDMENTS.—Subsection
(b) of such section is amended by striking ‘‘this section’’ both places
it appears and inserting ‘‘subsection (a)’’.
SEC. 1042. REDUCTION IN MINIMUM NUMBER OF NAVY CARRIER AIR
WINGS AND CARRIER AIR WING HEADQUARTERS RE-
QUIRED TO BE MAINTAINED.
(a) CODIFICATION AND REDUCTION.—Section 5062 of title 10,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(e) The Secretary of the Navy shall ensure that—
‘‘(1) the Navy maintains a minimum of 9 carrier air wings
until the earlier of—
‘‘(A) the date on which additional operationally
deployable aircraft carriers can fully support a 10th carrier
air wing; or
‘‘(B) October 1, 2025;
‘‘(2) after the earlier of the two dates referred to in subpara-
graphs (A) and (B) of paragraph (1), the Navy maintains a
minimum of 10 carrier air wings; and
‘‘(3) for each such carrier air wing, the Navy maintains a
dedicated and fully staffed headquarters.’’.
(b) REPEAL OF SUPERSEDED REQUIREMENT.—Section 1093 of
the National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112–81; 125 Stat. 1606; 10 U.S.C. 5062 note) is repealed.
SEC. 1043. MODIFICATION TO SUPPORT FOR NON-FEDERAL DEVELOP-
MENT AND TESTING OF MATERIAL FOR CHEMICAL AGENT
DEFENSE.
Section 1034 of the National Defense Authorization Act for Fis-
cal Year 2008 (Public Law 110–181) is amended—
(1) in subsection (d)—
(A) by striking ‘‘report on the use of the authority under
subsection (a)’’ and all that follows and inserting ‘‘report
that includes—’’
‘‘(A) a description of—
‘‘(i) each use of the authority under subsection (a);
and
‘‘(ii) for each such use, the specific material made
available and to whom it was made available; and
‘‘(B) a description of—
‘‘(i) any instance in which the Department of De-
fense made available to a State, a unit of local govern-
ment, or a private entity any biological select agent or
toxin for the development or testing of any biodefense
technology; and
‘‘(ii) for each such instance, the specific material
made available and to whom it was made available.’’;
and
(B) by adding at the end the following new paragraph:
‘‘(3) The requirement to submit a report under paragraph
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(1) shall terminate on January 31, 2021.’’; and

(2) in subsection (e), by striking ‘‘this section’’ and all that
follows and inserting ‘‘this section:’’

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 398

‘‘(1) The terms ‘precursor’, ‘protective purposes’, and ‘toxic

chemical’ have the meanings given those terms in the conven-
tion referred to in subsection (c), in paragraph 2, paragraph
9(b), and paragraph 1, respectively, of article II of that conven-
tion.
‘‘(2) The term ‘biological select agent or toxin’ means any
agent or toxin identified under any of the following:
‘‘(A) Section 331.3 of title 7, Code of Federal Regula-
tions.
‘‘(B) Section 121.3 or section 121.4 of title 9, Code of
Federal Regulations.
‘‘(C) Section 73.3 or section 73.4 of title 42, Code of
Federal Regulations.’’.
SEC. 1044. PROTECTION OF CERTAIN FEDERAL SPECTRUM OPER-
ATIONS.
Section 1004 of the Bipartisan Budget Act of 2015 (Public Law
114–74; 47 U.S.C. 921 note) is amended by adding at the end the
following:
‘‘(d) PROTECTION OF CERTAIN FEDERAL SPECTRUM OPER-
ATIONS.—If the report required by subsection (a) determines that re-
allocation and auction of the spectrum described in the report would
harm national security by impacting existing terrestrial Federal
spectrum operations at the Nevada Test and Training Range, the
Commission, in coordination with the Secretary shall, prior to the
auction described in subsection (c)(1)(B), establish rules for licensees
in such spectrum sufficient to mitigate harmful interference to such
operations.
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to affect any requirement under section 1062(b) of the Na-
tional Defense Authorization Act for Fiscal Year 2000 (47 U.S.C.
921 note; Public Law 106–65).’’.
SEC. 1045. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEG-
ACY MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) PROHIBITIONS.—Except as provided under subsection (b),
none of the funds authorized to be appropriated by this Act or other-
wise made available for fiscal year 2017 for the Navy may be obli-
gated or expended to—
(1) retire, prepare to retire, transfer, or place in storage any
AVENGER-class mine countermeasures ship or associated
equipment;
(2) retire, prepare to retire, transfer, or place in storage any
SEA DRAGON (MH–53) helicopter or associated equipment;
(3) make any reductions to manning levels with respect to
any AVENGER-class mine countermeasures ship; or
(4) make any reductions to manning levels with respect to
any SEA DRAGON (MH–53) helicopter squadron or detach-
ment.
(b) WAIVER.—The Secretary of the Navy may waive the limita-
tions under subsection (a) if the Secretary certifies to the congres-
sional defense committees that the Secretary has—
(1) identified a replacement capability and the necessary
quantity of such systems to meet all combatant commander
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mine countermeasures operational requirements that are cur-

rently being met by the AVENGER-class ships and SEA DRAG-
ON helicopters to be retired, transferred, or placed in storage;

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(2) achieved initial operational capability of all systems de-

scribed in paragraph (1); and
(3) deployed a sufficient quantity of systems described in
paragraph (1) that have achieved initial operational capability
to continue to meet or exceed all combatant commander mine
countermeasures operational requirements currently being met
by the AVENGER-class ships and SEA DRAGON helicopters.
SEC. 1046. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPOR-
TATION TO ISSUE NON-PREMIUM AVIATION INSURANCE.
Section 44310(b) of title 49, United States Code, is amended by
striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.
SEC. 1047. EVALUATION OF NAVY ALTERNATE COMBINATION COVER
AND UNISEX COMBINATION COVER.
(a) MANDATORY POSSESSION OR WEAR DATE.—The Secretary of
the Navy shall change the mandatory possession or wear date of the
alternate combination cover or the unisex combination cover from
October 31, 2016, to October 31, 2018.
(b) EVALUATION AND REPORT.—Not later than February 1,
2017, the Secretary of the Navy shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
on the evaluation of the Navy female service dress uniforms based
on surveying a representative group of female officer and enlisted
service members. Such evaluation shall include each of the fol-
lowing:
(1) An identification of the operational need addressed by
the alternate combination cover or the unisex combination
cover.
(2) An assessment of the individual cost of service dress
uniform items to members of the Armed Forces as a percentage
of their monthly pay.
(3) The composition of each uniform item’s wear test group.
(4) An identification of the costs to the Navy and to indi-
vidual members of the Armed Forces for uniform changes iden-
tified in the Navy administrative message 236/15 dated Octo-
ber 9, 2015.
(5) The opinions of a representative group of female officer
and enlisted service members of the Navy active and reserve
components.
(6) Any other rationale the Secretary determines appro-
priate.
SEC. 1048. INDEPENDENT EVALUATION OF DEPARTMENT OF DEFENSE
EXCESS PROPERTY PROGRAM.
(a) IN GENERAL.—The Secretary of Defense shall enter into an
agreement with a federally funded research and development center,
or another appropriate independent entity, with relevant expertise to
conduct an evaluation of the Department of Defense excess property
program under section 2576a of title 10, United States Code. Not
later than 180 days after the date of the enactment of this Act, the
Secretary shall submit such evaluation to the congressional defense
committees
(b) ELEMENTS OF EVALUATION.—The evaluation required under
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paragraph (1) shall include each of the following:

(1) A review of the current listing of ‘‘authorized’’, ‘‘con-
trolled’’, and ‘‘prohibited’’ items as defined by Executive Order

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 400

13688 and by Department of Defense policy, guidance, and in-

struction, as well as why each item is currently assigned to each
category.
(2) A review of the preferences and any associated
prioritization provided to Federal, State, and local law enforce-
ment agency requests for excess equipment to be used in border
security, counterdrug, and counterterrorism activities, pursuant
to section 2576a(a)(1)(A) of title 10 United States Code, includ-
ing the overall numbers and percentages of equipment provided
and used under these preferential categories.
(3) Whether the Department of Defense has bought a type
of equipment and declared as excess the same type of equipment
during the same year, and if so, how much such equipment.
(4) The type of information being collected by State coordi-
nators and the Defense Logistics Agency when a request for
equipment is made, and whether or not that information is suf-
ficient to demonstrate a need for the equipment requested by the
law enforcement agency making the request.
(5) The extent to which State coordinators and the Defense
Logistics Agency deny requests for equipment and the reasons
for such denials.
(6) The extent to which law enforcement agencies have been
suspended from participating in the program and the reasons
for such suspensions.
(7) Any other matters the Secretary determines appropriate.
SEC. 1049. WAIVER OF CERTAIN POLYGRAPH EXAMINATION REQUIRE-
MENTS.
The Secretary of Homeland Security, acting through the Com-
missioner of U.S. Customs and Border Protection, may waive the
polygraph examination requirement under section 3 of the Anti-Bor-
der Corruption Act of 2010 (Public Law 111–376) for any applicant
who—
(1) the Commissioner determines is suitable for employ-
ment;
(2) holds a current, active Top Secret clearance and is able
to access sensitive compartmented information;
(3) has a current single scope background investigation;
(4) was not granted any waivers to obtain the clearance;
and
(5) is a veteran (as such term is defined in section 2108 or
2109a of title 5, United States Code).
SEC. 1050. USE OF TRANSPORTATION WORKER IDENTIFICATION CRE-
DENTIAL TO GAIN ACCESS AT DEPARTMENT OF DEFENSE
INSTALLATIONS.
(a) ACCESS TO INSTALLATIONS FOR CREDENTIALED TRANSPOR-
TATION WORKERS.—During the period that the Secretary is devel-
oping and fielding physical access standards, capabilities, processes,
and electronic access control systems, the Secretary shall, to the
maximum extent practicable, ensure that the Transportation Worker
Identification Credential (TWIC) shall be accepted as a valid cre-
dential for unescorted access to Department of Defense installations
by transportation workers.
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(b) CREDENTIALED TRANSPORTATION WORKERS WITH SECRET

CLEARANCE.—TWIC-carrying transportation workers who also have
a current Secret Level Clearance issued by the Department of De-

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 401

fense shall be considered exempt from further vetting when seeking

unescorted access at Department of Defense facilities. Access security
personnel shall verify such person’s security clearance in a timely
manner and provide them with unescorted access to complete their
freight service.
SEC. 1051. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUC-
TION OF CERTAIN LANDMINES AND BRIEFING ON DEVEL-
OPMENT OF REPLACEMENT ANTI-PERSONNEL LANDMINE
MUNITIONS.
(a) LIMITATION.—Except as provided in subsection (b), none of
the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2017 for the Department of Defense
may be obligated or expended for the destruction of anti-personnel
landmine munitions before the date on which the Secretary of De-
fense submits the report required by section 1058(c) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 986).
(b) EXCEPTION FOR SAFETY.—Subsection (a) shall not apply to
any anti-personnel landmine munitions that the Secretary deter-
mines are unsafe or could pose a safety risk if not demilitarized or
destroyed.
(c) BRIEFING REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the cur-
rent state of research and development into operational alter-
natives to anti-personnel landmine munitions.
(2) FORM OF BRIEFING.—The briefing required by para-
graph (1) may contain classified information.
(d) ANTI-PERSONNEL LANDMINE MUNITIONS DEFINED.—In this
section, the term ‘‘anti-personnel landmine munitions’’ includes anti-
personnel landmines and sub-munitions as defined by the Conven-
tion on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and on their Destruction, as deter-
mined by the Secretary.
SEC. 1052. TRANSITION OF AIR FORCE TO OPERATION OF REMOTELY
PILOTED AIRCRAFT BY ENLISTED PERSONNEL.
(a) TRANSITION REQUIRED.—The Secretary of the Air Force
shall transition the Air Force to an organizational model for all Air
Force remotely piloted aircraft that uses a significant number of en-
listed personnel as operators of such aircraft rather than officers
only.
(b) DEADLINES.—
(1) REGULAR COMPONENT.—For the regular component of
the Air Force, the transition required by subsection (a) shall be
completed not later than September 30, 2020.
(2) RESERVE COMPONENTS.—For the Air Force Reserve and
Air National Guard, the transition required by subsection (a)
shall be completed not later than September 30, 2023.
(c) TRANSITION MATTERS.—The transition required by sub-
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section (a) shall account for the following:

(1) Training infrastructure for enlisted personnel operating
Air Force remotely piloted aircraft.

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(2) Supervisory roles for officers and senior enlisted per-

sonnel for enlisted personnel operating Air Force remotely pi-
loted aircraft.
(d) REPORTS.—
(1) INITIAL REPORT.—Not later than March 1, 2017, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report that sets forth a detailed description of the plan for the
transition required by subsection (a), including the following:
(A) The objectives of the transition.
(B) The timeline of the transition.
(C) The resources required to implement the transition.
(D) Recommendations for any legislation action re-
quired to implement the transition.
(E) The assumptions used to complete the transition.
(F) Risks associated with implementing the transition.
(2) REPORTS ON PROGRESS OF IMPLEMENTATION.—Not later
than March 1, 2018, and each March 1 thereafter until the
transition required by subsection (a) is completed, the Secretary
shall submit to the committees referred to in paragraph (1) a
report on the progress of the Air Force in implementing the plan
required under that paragraph and in achieving the transition
required by subsection (a).
SEC. 1053. PROHIBITION ON DIVESTMENT OF MARINE CORPS SEARCH
AND RESCUE UNITS.
None of the amounts authorized to be appropriated by this Act
or otherwise made available for fiscal year 2017 for the Navy or the
Marine Corps may be obligated or expended—
(1) to retire, prepare to retire, transfer, or place in storage
any Marine Corps Search and Rescue Unit (SRU) aircraft; or
(2) to make any change or revision to manning levels with
respect to any Marine Corps Search and Rescue Unit squadron.
SEC. 1054. SUPPORT FOR THE ASSOCIATE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY FOR MILITARY AFFAIRS.
(a) SELECTION OF ASSOCIATE DIRECTOR.—The Associate Direc-
tor of the Central Intelligence Agency for Military Affairs shall be
selected by the Secretary of Defense, with the concurrence of the Di-
rector of the Central Intelligence Agency, from among commissioned
officers of the Armed Forces who are general or flag officers.
(b) SUPPORT FOR ACTIVITIES.—
(1) IN GENERAL.—In order to improve the provision of sup-
port to, and the receipt of support from, the Central Intelligence
Agency, and to improve deconfliction of the activities of the Cen-
tral Intelligence Agency and the Department of Defense, the Sec-
retary of Defense and the Under Secretary of Defense for Intel-
ligence shall ensure that the Associate Director of the Central
Intelligence Agency for Military Affairs has access to, and sup-
port from, offices, agencies, and programs of the Department
necessary for the purposes of the Associate Director as follows:
(A) To facilitate and coordinate Department of Defense
support for the Central Intelligence Agency requested by the
Director of the Central Intelligence Agency and approved by
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the Secretary, including oversight of Department of Defense

military and civilian personnel detailed or assigned to the
Central Intelligence Agency.

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 403

(B) To prioritize, communicate, and coordinate Depart-

ment of Defense requests for, and the provision of support
to, the Department of Defense from the Central Intelligence
Agency, including support requested by and provided to the
commanders of the combatant commands and subordinate
task forces and commands.
(2) POLICIES.—The Under Secretary shall develop and su-
pervise the implementation of policies to integrate and commu-
nicate Department of Defense requirements and requests for
support from the Central Intelligence Agency that are coordi-
nated by the Associate Director pursuant to paragraph (1)(B).
SEC. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE
SUPPORT.
(a) LIMITATION.—The Secretary of Defense may provide defense
sensitive support to a non-Department of Defense Federal depart-
ment or agency only after the Secretary has determined that such
support—
(1) is consistent with the mission and functions of the De-
partment of Defense; and
(2) does—
(A) not significantly interfere with the mission or func-
tions of the Department; or
(B) interfere with the mission and functions of the De-
partment of Defense but such support is in the national se-
curity interest of the United States.
(b) NOTICE REQUIRED.—
(1) IN GENERAL.—Except as provided in paragraph (3), be-
fore providing defense sensitive support to a non-Department of
Defense Federal department or agency, the Secretary of Defense
shall notify the congressional defense committees, and, when
the part of the Department of Defense providing the sensitive
support is a member of the intelligence community, the congres-
sional intelligence committees of the Secretary’s intent to pro-
vide such support.
(2) CONTENTS.—Notice provided under paragraph (1) shall
include the following:
(A) A description of the support to be provided.
(B) A description of how the support is consistent with
the mission and functions of the Department.
(C) A description of how the support—
(i) does not significantly interfere with the mission
or functions of the Department; or
(ii) significantly interferes with the mission or
functions of the Department but is in the national secu-
rity interest of the United States.
(3) TIME SENSITIVE SUPPORT.—In the event that the provi-
sion of defense sensitive support is time-sensitive, the Sec-
retary—
(A) may provide notification under paragraph (1) after
providing the support; and
(B) shall provide such notice as soon as practicable
after providing such support, but not later than 48 hours
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after providing the support.

(c) DEFENSE SENSITIVE SUPPORT DEFINED.—In this section, the
term ‘‘defense sensitive support’’ means support provided by the De-

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 404

partment of Defense to a non-Department of Defense Federal depart-

ment or agency that requires special protection from disclosure.
SEC. 1056. PROHIBITION ON ENFORCEMENT OF MILITARY COMMIS-
SION RULINGS PREVENTING MEMBERS OF THE ARMED
FORCES FROM CARRYING OUT OTHERWISE LAWFUL DU-
TIES BASED ON MEMBER SEX.
(a) PROHIBITION.—No order, ruling, finding, or other deter-
mination of a military commission may be construed or imple-
mented to prohibit or restrict a member of the Armed Forces from
carrying out duties otherwise lawfully assigned to such member to
the extent that the basis for such prohibition or restriction is the sex
of such member.
(b) APPLICABILITY TO PRIOR ORDERS, ETC..—The prohibition or
restriction described in subsection (a) shall, upon motion, apply to
any order, ruling, finding, or other determination described in that
subsection that was issued before the date of the enactment of this
Act in a military commission and is still effective as of the date of
such motion.
(c) MILITARY COMMISSION DEFINED.—In this section, the term
‘‘military commission’’ means a military commission established
under chapter 47A of title 10, United States Code, and any military
commission otherwise established or convened by law.
Subtitle F—Studies and Reports
SEC. 1061. TEMPORARY CONTINUATION OF CERTAIN DEPARTMENT OF
DEFENSE REPORTING REQUIREMENTS.
(a) EXCEPTIONS TO REPORTS TERMINATION PROVISION.—Section
1080 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not
apply to any report required to be submitted to Congress by the De-
partment of Defense, or by any officer, official, component, or ele-
ment of the Department, pursuant to a provision of law specified in
this section, notwithstanding the enactment of the reporting require-
ment by an annual national defense authorization Act or the inclu-
sion of the report in the list of reports prepared by the Secretary of
Defense pursuant to subsection (c) of such section 1080.
(b) FINAL TERMINATION DATE FOR SUBMITTAL OF EXEMPTED
REPORTS.—
(1) IN GENERAL.—Except as provided in paragraph (2),
each report required pursuant to a provision of law specified in
this section that is still required to be submitted to Congress as
of December 31, 2021, shall no longer be required to be sub-
mitted to Congress after that date.
(2) REPORTS EXEMPTED FROM TERMINATION.—The termi-
nation dates specified in paragraph (1) and section 1080 of the
National Defense Authorization Act for Fiscal Year 2016 do not
apply to the following:
(A) The submission of the reports on the National Mili-
tary Strategy and Risk Assessment under section 153(b)(3)
of title 10, United States Code.
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(B) The submission of the future-years defense program

(including associated annexes) under section 221 of title 10,
United States Code.

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 405

(C) The submission of the future-years mission budget

for the military programs of the Department of Defense
under section 221 of such title.
(D) The submission of audits of contracting compliance
by the Inspector General of the Department of Defense
under section 1601(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2533a note).
(c) REPORTS REQUIRED BY TITLE 10, UNITED STATES CODE.—
Subject to subsection (b), subsection (a) applies to reporting require-
ments contained in the following sections of title 10, United States
Code:
(1) Section 113(i).
(2) Section 117(e).
(3) 118a(d).
(4) Section 119(a) and (b).
(5) Section 127b(f).
(6) Section 139(h).
(7) Section 139b(d).
(8) Sections 153(c).
(9) Section 171a(e) and (g)(2).
(10) Section 179(f).
(11) Section 196(d)(1), (d)(4), and (e)(3).
(12) Section 223a(a).
(13) Section 225(c)
(14) Section 229.
(15) Section 231.
(16) Section 231a.
(17) Section 238.
(18) Section 341(f) of title 10, United States Code, as
amended by section 1246 of this Act.
(19) Section 401(d).
(20) Section 407(d).
(21) Section 481a(c).
(22) Section 482(a).
(23) Section 488(c).
(24) Section 494(b).
(25) Section 526(j).
(26) Section 946(c) (Article 146 of the Uniform Code of
Military Justice).
(27) Section 981(c).
(28) Section 1116(d).
(29) Section 1566(c)(3).
(30) Section 1557(e).
(31) Section 1781a(e).
(32) Section 1781c(h).
(33) Section 2011(e).
(34) Section 2166(i).
(35) Section 2218(h).
(36) Section 2228(e).
(37) Section 2229(d).
(38) Section 2229a.
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(39) Section 2249c(c).

(40) Section 2275.
(41) Section 2276(e).

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 406

(42) Section 2367(d).

(43) Section 2399(g).
(44) Section 2445b.
(45) Section 2464(d).
(46) Section 2466(d).
(47) Section 2504.
(48) Section 2561(c).
(49) Section 2684a(g).
(50) Section 2687a.
(51) Section 2711.
(52) Sections 2884(b) and (c).
(53) Section 2911(a) and (b)(3).
(54) Section 2925.
(55) Section 2926(c)(4).
(56) Section 4361(d)(4)(B).
(57) Section 4721(e).
(58) Section 6980(d)(4)(B).
(59) Section 7310(c).
(60) Section 9361(d)(4)(B).
(61) Section 10216(c).
(62) Section 10541.
(63) Section 10543.
(d) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2015.—Subject to subsection (b), subsection
(a) applies to reporting requirements contained in the following sec-
tions of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (Public Law 113–291):
(1) Section 546(d) (10 U.S.C. 1561 note).
(2) Section 1003 (10 U.S.C. 221 note).
(3) Section 1026(d) (128 Stat. 3490).
(4) Section 1055 (128 Stat. 3498).
(5) Section 1204(b) (10 U.S.C. 2249e note).
(6) Section 1205(e) (128 Stat. 3537).
(7) Section 1206(e) (10 U.S.C. 2282 note).
(8) Section 1211 (128 Stat. 3544).
(9) Section 1225 (128 Stat. 3550).
(10) Section 1235 (128 Stat. 3558).
(11) Section 1245 (128 Stat. 3566).
(12) Section 1253(b) (22 U.S.C. 2151 note).
(13) Section 1275(b) (128 Stat. 3591).
(14) Section 1343 (128 Stat. 3605; 50 U.S.C. 3743).
(15) Section 1650 (128 Stat. 3653).
(16) Section 1662(c)(2) and (d)(2) (128 Stat. 3657; 10
U.S.C. 2431 note).
(17) Section 2821(a)(3) (10 U.S.C. 2687 note).
(e) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2014.—Subject to subsection (b), subsection
(a) applies to reporting requirements contained in the following sec-
tions of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113–66):
(1) Section 704(e) (10 U.S.C. 1074 note).
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(2) Sections 713(f), (g), and (h) (10 U.S.C. 1071 note).
(3) Section 904(d)(2) (10 U.S.C. 111 note).
(4) Section 1205(f)(3) (32 U.S.C. 107 note).

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 407

(f) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2013.—Subject to subsection (b), subsection
(a) applies to reporting requirements contained in the following sec-
tions of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112–239):
(1) Section 524(c)(2) (10 U.S.C. 1222 note).
(2) Section 904(h)(1) and (2) (10 U.S.C. 133 note).
(3) Section 1009 (126 Stat. 1906).
(4) Section 1023 (126 Stat. 1911).
(5) Section 1052(b)(4) (126 Stat. 1936; 49 U.S.C. 40101
note).
(g) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2011.—Subject to subsection (b), subsection
(a) applies to reporting requirements contained in the following sec-
tions of the Ike Skelton National Defense Authorization Act for Fis-
cal Year 2011 (Public Law 111–383):
(1) Section 123 (10 U.S.C. 167 note).
(2) Section 1216(c) (124 Stat. 4392).
(3) Section 1217(i) (22 U.S.C. 7513 note).
(4) Section 1631(d) (10 U.S.C. 1561 note).
(h) REPORTS REQUIRED BY NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2010.—Subject to subsection (b), subsection
(a) applies to reporting requirements contained in the following sec-
tions of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84):
(1) Section 711(d) (10 U.S.C. 1071 note).
(2) Section 1003(b) (10 U.S.C. 2222 note).
(3) Section 1244(d) (22 U.S.C. 1928 note).
(4) Section 1245 (123 Stat. 2542).
(5) Section 1806 (10 U.S.C. 948a note).
(i) REPORTS REQUIRED BY OTHER LAWS.—Subject to subsection
(b), subsection (a) applies to reporting requirements contained in the
following provisions of law:
(1) Sections 1412(i) and (j) of the National Defense Author-
ization Act, 1986 (50 U.S.C. 1521), as amended by section 1421
of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111–383).
(2) Section 1703 of the National Defense Authorization Act
for Fiscal Year 1994 (50 U.S.C. 1523).
(3) Section 717(c) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073
note).
(4) Section 234 of the National Defense Authorization Act
for Fiscal Year 1998 (50 U.S.C. 2367).
(5) Section 1309(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113
note).
(6) Section 1237(b)(2) of the National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701
note).
(7) Section 1202 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note).
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(8) Section 232(h)(2) of the National Defense Authorization

Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2431
note).

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 408

(9) Section 366(a)(5) and (c)(2) of the Bob Stump National

Defense Authorization Act for Fiscal Year 2003 (Public Law
107–314; 10 U.S.C. 113 note).
(10) Section 1208(f) of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 108–
375; 118 Stat. 2086).
(11) Section 1208(d) of the National Defense Authorization
Act for 2006 (Public Law 109–163; 119 Stat. 3459).
(12) Section 1405(d) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801
note).
(13) Section 122(f)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
120 Stat. 2104).
(14) Section 721 of the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109–364; 120
Stat. 2294).
(15) Section 1017(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 2631 note).
(16) Section 1517(f) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
120 Stat. 2443).
(17) Section 911(f)(2) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2271
note).
(18) Section 1034(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309).
(19) Section 1107(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 358).
(20) Section 1233(f) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393).
(21) Section 1234(e) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 394).
(22) Section 219(c) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417;
10 U.S.C. 2358 note).
(23) Section 533(i) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2010 (Public Law 110–417).
(24) Section 1047(d)(2) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 110–
417; 10 U.S.C. 2366b note)
(25) Section 1201(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat.
1619).
(26) Section 1236 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641).
(27) Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c–
1(b)(3)).
(28) Section 1511(h) of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 411(h)).
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(29) Section 901(f) of the Office of National Drug Control

Policy Reauthorization Act of 2006 (Public Law 109–469; 32
U.S.C. 112 note), as added by section 1008 of the National De-

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 409

fense Authorization Act for Fiscal Year 2013 (Public Law 112–
239).
(30) Section 14 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h–5).
(31) Section 105A(b) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (52 U.S.C. 20308(b)), as added by sec-
tion 586 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111–84).
(32) Section 112(f) of title 32, United States Code.
(33) Section 310b(i)(2) of title 37, United States Code.
(j) CONFORMING AMENDMENT.—Section 1080(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1000; 10 U.S.C. 111 note) is amended—
(1) by striking ‘‘on the date that is two years after the date
of the enactment of this Act’’ and inserting ‘‘November 25,
2017’’; and
(2) by striking ‘‘effective’’.
(k) REPORT TO CONGRESS.—Not later than February 1, 2017,
the Secretary of Defense shall submit to the congressional defense
committees a report that includes each of the following:
(1) A list of all reports that are required to be submitted to
Congress as of the date of the enactment of this Act that will
no longer be required to be submitted to Congress as of Novem-
ber 25, 2017.
(2) For each such report, a citation to the provision of law
under which the report is or was required to be submitted.
SEC. 1062. REPORTS ON PROGRAMS MANAGED UNDER ALTERNATIVE
COMPENSATORY CONTROL MEASURES IN THE DEPART-
MENT OF DEFENSE.
(a) IN GENERAL.—Chapter 2 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 119a. Programs managed under alternative compensatory
control measures: congressional oversight
‘‘(a) ANNUAL REPORT ON CURRENT PROGRAMS UNDER
AACMS.—
‘‘(1) IN GENERAL.—Not later than March 1 each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the programs being managed under al-
ternative compensatory control measures in the Department of
Defense.
‘‘(2) ELEMENTS.—Each report under paragraph (1) shall set
forth the following:
‘‘(A) The total amount requested for programs being
managed under alternative compensatory control measures
in the Department in the budget of the President under sec-
tion 1105 of title 31 for the fiscal year beginning in the fis-
cal year in which such report is submitted.
‘‘(B) For each program in that budget that is a pro-
gram being managed under alternative compensatory con-
trol measures in the Department—
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‘‘(i) a brief description of the program;

‘‘(ii) a brief discussion of the major milestones es-
tablished for the program;

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 410

‘‘(iii) the actual cost of the program for each fiscal

year during which the program has been conducted be-
fore the fiscal year during which that budget is sub-
mitted; and
‘‘(iv) the estimated total cost of the program and
the estimated cost of the program for—
‘‘(I) the current fiscal year;
‘‘(II) the fiscal year for which that budget is
submitted; and
‘‘(III) each of the four succeeding fiscal years
during which the program is expected to be con-
ducted.
‘‘(3) ELEMENTS ON PROGRAMS COVERED BY MULTIYEAR
BUDGETING.—In the case of a report under paragraph (1) sub-
mitted in a year during which the budget of the President for
the fiscal year concerned does not, because of multiyear budg-
eting for the Department, include a full budget request for the
Department, the report required by paragraph (1) shall set
forth—
‘‘(A) the total amount already appropriated for the next
fiscal year for programs being managed under alternative
compensatory control measures in the Department, and any
additional amount requested in that budget for such pro-
grams for such fiscal year; and
‘‘(B) for each program that is a program being man-
aged under alternative compensatory control measures in
the Department, the information specified in paragraph
(2)(B).
‘‘(b) ANNUAL REPORT ON NEW PROGRAMS UNDER AACMS.—
‘‘(1) IN GENERAL.—Not later than February 1 each year, the
Secretary shall submit to the congressional defense committees
a report that, with respect to each new program being managed
under alternative compensatory control measures in the Depart-
ment, provides—
‘‘(A) notice of the designation of the program as a pro-
gram being managed under alternative compensatory con-
trol measures in the Department; and
‘‘(B) a justification for such designation.
‘‘(2) ADDITIONAL ELEMENTS.—A report under paragraph (1)
with respect to a program shall include—
‘‘(A) the current estimate of the total program cost for
the program; and
‘‘(B) an identification of existing programs or tech-
nologies that are similar to the technology, or that have a
mission similar to the mission, of the program that is the
subject of the report.
‘‘(3) NEW PROGRAM BEING MANAGED UNDER ALTERNATIVE
COMPENSATORY CONTROL MEASURES DEFINED.—In this sub-
section, the term ‘new program being managed under alter-
native compensatory control measures’ means a program in the
Department that has not previously been covered by a report
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under this subsection.

‘‘(c) REPORT ON CHANGE IN CLASSIFICATION OR DECLASSIFICA-
TION OF PROGRAMS.—

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‘‘(1) IN GENERAL.—Whenever a change in the classification

of a program being managed under alternative compensatory
control measures in the Department is planned to be made, or
whenever classified information concerning a program being
managed under alternative compensatory control measures in
the Department is to be declassified and made public, the Sec-
retary shall submit to the congressional defense committees a
report containing a description of the proposed change, the rea-
sons for the proposed change, and notice of any public an-
nouncement planned to be made with respect to the proposed
change.
‘‘(2) DEADLINE FOR REPORT.—Except as provided in para-
graph (3), a report required by paragraph (1) shall be sub-
mitted not less than 14 days before the date on which the pro-
posed change or public announcement concerned is to occur.
‘‘(3) EXCEPTION.—If the Secretary determines that because
of exceptional circumstances the requirement in paragraph (2)
cannot be met with respect to a proposed change or public an-
nouncement concerning a program covered by paragraph (1),
the Secretary may submit the report required by that paragraph
regarding the proposed change or public announcement at any
time before the proposed change or public announcement is
made, and shall include in the report an explanation of the ex-
ceptional circumstances.
‘‘(d) MODIFICATION OF CRITERIA OR POLICY FOR DESIGNATING
PROGRAMS UNDER ACCMS.—Whenever there is a modification or ter-
mination of the policy or criteria used for designating a program as
a program being managed under alternative compensatory control
measures in the Department, the Secretary shall promptly notify the
congressional defense committees of such modification or termi-
nation. Any such notification shall contain the reasons for the modi-
fication or termination and, in the case of a modification, the provi-
sions of the policy or criteria as modified.
‘‘(e) WAIVER.—
‘‘(1) IN GENERAL.—The Secretary may waive any require-
ment in subsection (a), (b), or (c) that certain information be in-
cluded in a report under such subsection if the Secretary deter-
mines that inclusion of that information in the report would ad-
versely affect the national security. Any such waiver shall be
made on a case-by-case basis.
‘‘(2) NOTICE TO CONGRESS.—If the Secretary exercises the
authority in paragraph (1), the Secretary shall provide the in-
formation described in the applicable subsection with respect to
the program concerned, and the justification for the waiver,
jointly to the chairman and ranking minority member of each
of the congressional defense committees.
‘‘(f) LIMITATION ON INITIATION OF PROGRAMS UNDER ACCMS.—
‘‘(1) NOTICE AND WAIT.—Except as provided in paragraph
(2), a program to be managed under alternative compensatory
control measures in the Department may not be initiated
until—
‘‘(A) the congressional defense committees are notified
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of the program; and

‘‘(B) a period of 30 days elapses after such notification
is received.

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‘‘(2) EXCEPTION.—If the Secretary determines that waiting

for the regular notification process before initiating a program
as described in paragraph (1) would cause exceptionally grave
damage to the national security, the Secretary may begin a pro-
gram to be managed under alternative compensatory control
measures in the Department before such waiting period elapses.
The Secretary shall notify the congressional defense committees
within 10 days of initiating a program under this paragraph,
including a justification for the determination of the Secretary
that waiting for the regular notification process would cause ex-
ceptionally grave damage to the national security.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 2 of such title is amended by adding at the end the
following new item:
‘‘119a. Programs managed under alternative compensatory control measures: con-
gressional oversight.’’.
SEC. 1063. MATTERS FOR INCLUSION IN REPORT ON DESIGNATION OF
COUNTRIES FOR WHICH REWARDS MAY BE PAID UNDER
DEPARTMENT OF DEFENSE REWARDS PROGRAM.
Section 127b(h) of title 10, United States Code, is amended—
(1) in paragraph (2), by inserting ‘‘and justification’’ after
‘‘reason’’; and
(2) by amending paragraph (3) to read as follows:
‘‘(3) An estimate of the amount or value of the rewards to
be paid as monetary payment or payment-in-kind under this
section.’’.
SEC. 1064. ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE
ARMED FORCES AND THE COMBATANT COMMANDS AND
ANNUAL REPORT ON COMBATANT COMMAND REQUIRE-
MENTS.
(a) ANNUAL REPORTS REQUIRED.—
(1) IN GENERAL.—Chapter 9 of title 10, United States Code,
is amended by inserting after section 222 the following new sec-
tion:
‘‘§ 222a. Unfunded priorities of the armed forces and combat-
ant commands: annual report
‘‘(a) ANNUAL REPORT.—Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, each officer specified
in subsection (b) shall submit to the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, and to the congressional de-
fense committees, a report on the unfunded priorities of the armed
force or forces or combatant command under the jurisdiction or
command of such officer.
‘‘(b) OFFICERS.—The officers specified in this subsection are the
following:
‘‘(1) The Chief of Staff of the Army.
‘‘(2) The Chief of Naval Operations.
‘‘(3) The Chief of Staff of the Air Force.
‘‘(4) The Commandant of the Marine Corps.
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‘‘(5) The commanders of the combatant commands estab-

lished under section 161 of this title.
‘‘(c) ELEMENTS.—

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‘‘(1) IN GENERAL.—Each report under this subsection shall

specify, for each unfunded priority covered by such report, the
following:
‘‘(A) A summary description of such priority, including
the objectives to be achieved if such priority is funded
(whether in whole or in part).
‘‘(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
‘‘(C) Account information with respect to such priority,
including the following (as applicable):
‘‘(i) Line Item Number (LIN) for applicable pro-
curement accounts.
‘‘(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
‘‘(iii) Sub-activity group (SAG) for applicable oper-
ation and maintenance accounts.
‘‘(2) PRIORITIZATION OF PRIORITIES.—Each report shall
present the unfunded priorities covered by such report in order
of urgency of priority.
‘‘(d) UNFUNDED PRIORITY DEFINED.—In this section, the term
‘unfunded priority’, in the case of a fiscal year, means a program,
activity, or mission requirement that—
‘‘(1) is not funded in the budget of the President for the fis-
cal year as submitted to Congress pursuant to section 1105 of
title 31;
‘‘(2) is necessary to fulfill a requirement associated with an
operational or contingency plan of a combatant command or
other validated requirement; and
‘‘(3) would have been recommended for funding through the
budget referred to in paragraph (1) by the officer submitting the
report required by subsection (a) in connection with the budget
if—
‘‘(A) additional resources been available for the budget
to fund the program, activity, or mission requirement; or
‘‘(B) the program, activity, or mission requirement has
emerged since the budget was formulated.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 9 of such title is amended by inserting after
the item relating to section 222 the following new item:
‘‘222a. Unfunded priorities of the armed forces and combatant commands: annual re-
port.’’.
(b) REPEAL OF SUPERSEDED PROVISION.—Section 1003 of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 113–239; 126 Stat. 1903) is repealed.
(c) SUBMITTAL OF ANNUAL REPORT ON COMBATANT COMMAND
REQUIREMENTS.—Section 153(c)(1) of title 10, United States Code,
is amended by striking ‘‘At or about the time that the budget is sub-
mitted to Congress for a fiscal year under section 1105(a) of title 31’’
and inserting ‘‘Not later than 25 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31’’.
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SEC. 1065. MANAGEMENT AND REVIEWS OF ELECTROMAGNETIC SPEC-

TRUM.
(a) MANAGEMENT AND REVIEWS.—

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(1) IN GENERAL.—Section 488 of title 10, United States

Code, is amended to read as follows:
‘‘§ 488. Management and review of electromagnetic spectrum
‘‘(a) ORGANIZATION.—The Secretary of Defense shall—
‘‘(1) ensure the effective organization and management of
the electromagnetic spectrum used by the Department of De-
fense; and
‘‘(2) establish an enduring review and evaluation process
that—
‘‘(A) considers all requirements relating to such spec-
trum; and
‘‘(B) ensures that all users of such spectrum, regardless
of the classification of such uses, are involved in the deci-
sion-making process of the Department concerning the po-
tential sharing, reassigning, or reallocating of such spec-
trum, or the relocation of the uses by the Department of
such spectrum.
‘‘(b) REPORTS.—(1) From time to time as the Secretary and the
Chairman of the Joint Chiefs of Staff determine useful for the effec-
tive oversight of the access by the Department to electromagnetic
spectrum, but not less frequently than every two years, the Secretary
and the Chairman shall jointly submit to the congressional defense
committees a report on national policy plans regarding implications
for such access in bands identified for study for potential realloca-
tion, or under consideration for potential reallocation, by the Policy
and Plans Steering Group established by the National Tele-
communications and Information Administration.
‘‘(2) Each report under paragraph (1) shall address, with re-
spect to the electromagnetic spectrum used by the Department that
is covered by the report, the implications to the missions of the De-
partment resulting from sharing, reassigning, or reallocating the
spectrum, or relocating the uses by the Department of such spec-
trum, if the Secretary and the Chairman jointly determine that such
sharing, reassigning, reallocating, or relocation—
‘‘(A) would potentially create a loss of essential military ca-
pability to the missions of the Department, as determined under
feasibility assessments to ensure comparable capability; or
‘‘(B) would not likely be possible within the 10-year period
beginning on the date of the report.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 23 of such title is amended by striking the
item relating to section 488 and inserting the following new
item:
‘‘488. Management and review of electromagnetic spectrum.’’.
(b) ISSUANCE OF INSTRUCTION OR DIRECTIVE.—The Secretary of
Defense shall—
(1) not later than 180 days after the date of the enactment
of this Act, issue a Department of Defense Instruction or a De-
partment of Defense Directive to carry out section 488(a) of title
10, United States Code, as amended by subsection (a); and
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(2) upon the date of the issuance of the instruction or direc-

tive issued under paragraph (1), submit to the congressional de-
fense committees such instruction or directive.

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 415

(c) INITIAL REVIEW.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff shall jointly submit to the congres-
sional defense committees a report described in section 488(b) of title
10, United States Code, as amended by subsection (a), with respect
to—
(1) the plan by the National Telecommunications and Infor-
mation Administration titled ‘‘Sixth Interim Progress Report on
the Ten-Year Plan and Timetable’’ issued in June 2016; and
(2) the seventh such interim progress report issued (or to be
issued) by the National Telecommunications and Information
Administration.
SEC. 1066. REQUIREMENT FOR NOTICE AND REPORTING TO COMMIT-
TEES ON ARMED SERVICES ON CERTAIN EXPENDITURES
OF FUNDS BY DEFENSE INTELLIGENCE AGENCY.
Section 105(c) of the National Security Act of 1947 (50 U.S.C.
3038(c)) is amended by inserting ‘‘, the Committee on Armed Serv-
ices of the Senate, and the Committee on Armed Services of the
House of Representatives’’ after ‘‘committees’’ each place it appears.
SEC. 1067. CONGRESSIONAL NOTIFICATION OF BIOLOGICAL SELECT
AGENT AND TOXIN THEFT, LOSS, OR RELEASE INVOLVING
THE DEPARTMENT OF DEFENSE.
(a) NOTIFICATION REQUIREMENT.—Not later than 15 days after
notice of any theft, loss, or release of a biological select agent or
toxin involving the Department of Defense is provided to the Centers
for Disease Control and Prevention or the Animal and Plant Health
Inspection Service, as specified by section 331.19 of part 7 of the
Code of Federal Regulations, the Secretary of Defense shall provide
to the congressional defense committees notice of such theft, loss, or
release.
(b) ELEMENTS.—Notice of a theft, loss, or release of a biological
select agent or toxin under subsection (a) shall include each of the
following:
(1) The name of the agent or toxin and any identifying in-
formation, including the strain or other relevant characteriza-
tion information.
(2) An estimate of the quantity of the agent or toxin stolen,
lost, or released.
(3) The location or facility from which the theft, loss, or re-
lease occurred.
(4) In the case of a release, any hazards posed by the re-
lease and the number of individuals potentially exposed to the
agent or toxin.
(5) Actions taken to respond to the theft, loss, or release.
SEC. 1068. REPORT ON SERVICE-PROVIDED SUPPORT AND ENABLING
CAPABILITIES TO UNITED STATES SPECIAL OPERATIONS
FORCES.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a written report on service-
common support and enabling capabilities contributed from each of
the military services to special operations forces. Such report shall
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include each of the following:

(1) A definition of the terms ‘‘service-common’’ and ‘‘special
operations-peculiar’’.

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 416

(2) A description of the factors and process used by the De-

partment of Defense to determine whether combat support, com-
bat service support, base operating support, and enabling capa-
bilities are service-common or special operations-peculiar.
(3) A detailed accounting of the resources allocated by each
military service to provide combat support, combat service sup-
port, base operating support, and enabling capabilities for spe-
cial operations forces.
(4) An identification of any change in the level or type of
service-common support and enabling capabilities provided by
each of the military services to special operations forces in the
current fiscal year when compared to the preceding fiscal year,
including the rationale for any such change and any mitigating
actions.
(5) An assessment of the specific effects that the budget re-
quest for the current fiscal year and any anticipated future
manpower and force structure changes are likely to have on the
ability of each of the military services to provide service-com-
mon support and enabling capabilities to special operations
forces.
(6) Any other matters the Secretary determines relevant.
(b) ANNUAL UPDATES.—For each of fiscal years 2018 through
2020, at the same time the Secretary of Defense submits to Congress
the budget request for such fiscal year, the Secretary shall submit
to the congressional defense committees an update to the report re-
quired under subsection (a).
(c) FORM OF REPORT.—The report required under subsection (a)
and each update provided under subsection (b) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 1069. REPORT ON CITIZEN SECURITY RESPONSIBILITIES IN THE
NORTHERN TRIANGLE OF CENTRAL AMERICA.
(a) IN GENERAL.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly prepare and submit to the appropriate congres-
sional committees a report on military units that have been as-
signed to policing or citizen security responsibilities in Guatemala,
Honduras, and El Salvador.
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include each of the following:
(1) The following information, as of the date of the enact-
ment of this Act, with respect to military units assigned to po-
licing or citizen security responsibilities in each of Guatemala,
Honduras, and El Salvador:
(A) The proportion of individuals in each such coun-
try’s military who participate in policing or citizen security
activities relative to the total number of individuals in that
country’s military.
(B) Of the military units assigned to policing or citizen
security responsibilities, the types of units conducting police
activities.
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(C) The role of the Department of Defense and the De-

partment of State in training individuals for purposes of
participation in such military units.

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(D) The number of individuals who participated in

such military units who received training by the Depart-
ment of Defense, and the types of training they received.
(2) Any other information that the Secretary of Defense or
the Secretary of State determines to be necessary to help better
understand the relationships of the militaries of Guatemala,
Honduras, and El Salvador to public security in such countries.
(3) A description of the plan of the United States to assist
the militaries of Guatemala, Honduras, and El Salvador to
carry out their responsibilities in a manner that adheres to
democratic principles.
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may contain a classified annex.
(d) PUBLIC AVAILABILITY.—The unclassified matter of the report
required by subsection (a) shall be posted on a publicly available
Internet website of the Department of Defense and a publicly avail-
able Internet website of the Department of State.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this sec-
tion, the term ‘‘appropriate congressional committees’’ means the
Committee on Armed Services and the Committee on Foreign Affairs
of the House of Representatives and the Committee on Armed Serv-
ices and the Committee on Foreign Relations of the Senate.
SEC. 1070. REPORT ON COUNTERPROLIFERATION ACTIVITIES AND
PROGRAMS.
(a) IN GENERAL.—Not later than July 1, 2017, the Secretary of
Defense shall submit to the congressional defense committees a re-
port on the counterproliferation activities and programs of the De-
partment of Defense.
(b) MATTERS INCLUDED.—The report required under subsection
(a) shall include each of the following:
(1) A complete list and assessment of existing and proposed
capabilities and technologies for support of United States non-
proliferation policy and counterproliferation policy, with regard
to—
(A) interdiction;
(B) elimination;
(C) threat reduction cooperation;
(D) passive defenses;
(E) security cooperation and partner activities;
(F) offensive operations;
(G) active defenses; and
(H) weapons of mass destruction consequence manage-
ment.
(2) For the existing and proposed capabilities and tech-
nologies identified under paragraph (1), an identification of
goals, a description of ongoing efforts, and recommendations for
further enhancements.
(3) A complete description of requirements and priorities for
the development and deployment of highly effective capabilities
and technologies, including identifying areas for capability en-
hancement and deficiencies in existing capabilities and tech-
nologies.
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(4) A comprehensive discussion of the near-term, mid-term,

and long-term programmatic options for meeting requirements
and eliminating deficiencies, including the annual funding re-

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 418

quirements and completion dates established for each such op-

tion.
(5) An outline of interagency activities and initiatives.
(6) Any other matters the Secretary considers appropriate.
(c) FORMS OF REPORT.—The report under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 1071. REPORT ON TESTING AND INTEGRATION OF MINEHUNTING
SONAR SYSTEMS TO IMPROVE LITTORAL COMBAT SHIP
MINEHUNTING CAPABILITIES.
(a) REPORT TO CONGRESS.—Not later than April 1, 2018, the
Secretary of the Navy shall submit to the congressional defense com-
mittees a report that contains the findings of an assessment of all
operational minehunting Synthetic Aperture Sonar (hereinafter re-
ferred to as ‘‘SAS’’) technologies suitable to meet the requirements
for use on the Littoral Combat Ship Mine Countermeasures Mission
Package.
(b) ELEMENTS.—The report required by subsection (a) shall in-
clude—
(1) an explanation of the future acquisition strategy for the
minehunting mission package;
(2) specific details regarding the capabilities of all in-pro-
duction SAS systems available for integration into the Littoral
Combat Ship Mine Countermeasure Mission Package;
(3) an assessment of key performance parameters for the
Littoral Combat Ship Mine Countermeasures Mission Package
with each of the assessed SAS technologies; and
(4) a review of the Department of the Navy’s efforts to
evaluate SAS technologies in operation with allied Navies for
future use on the Littoral Combat Ship Mine Countermeasures
Mission Package.
(c) SYSTEM TESTING.—The Secretary of the Navy is encouraged
to perform at-sea testing and experimentation of sonar systems in
order to provide data in support of the assessment required by sub-
section (a).
SEC. 1072. QUARTERLY REPORTS ON PARACHUTE JUMPS CONDUCTED
AT FORT BRAGG AND POPE ARMY AIRFIELD AND AIR
FORCE SUPPORT FOR SUCH JUMPS.
For the period beginning on January 31, 2017, and ending on
January 31, 2018, the Secretary of the Air Force and the Secretary
of the Army shall jointly submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate quarterly reports
on the parachute drop requirements for the XVIII Airborne Corps,
the 82nd Airborne Division, and the United States Army Special
Operations Command. Each such report shall include, for the cal-
endar quarter covered by the report—
(1) the total parachute drop requirement, by month;
(2) the total parachute drops requested, by month;
(3) the total parachute drops for which the Secretary of the
Air Force entered into a contract, by month;
(4) the total parachute drops executed by non-Air Force en-
tities pursuant to contracts, by month;
(5) the total parachute drops executed by the Air Force, by
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month;
(6) if the total parachute drop requirement was not fulfilled
for the quarter, the reasons why such requirement was not ful-

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 419

filled and the assessment of the Secretary of the Army of any

effects on Army readiness caused by the unfulfilled portion of
the requirement; and
(7) any other clarifying information, as appropriate, the
Secretaries determine the Committees would need to understand
important aspects of the Air Force implementing off-site airlift
support for XVIII Airborne Corps, the 82nd Airborne Division,
and the United States Army Special Operations Command, and
the ability of the Air Force to meet the training requirements of
the Army and the United States Special Operations Command.
SEC. 1073. STUDY ON MILITARY HELICOPTER NOISE.
(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Administrator of the Federal Aviation Administration,
shall—
(1) conduct a study on the effects of military helicopter
noise on National Capital Region communities and individuals;
and
(2) develop recommendations for the reduction of the effects
of military helicopter noise on individuals, structures, and
property values in the National Capital Region.
(b) FOCUS.—In conducting the study under subsection (a), the
Secretary and the Administrator shall focus on air traffic control,
airspace design, airspace management, and types of aircraft to ad-
dress helicopter noise problems and shall take into account the
needs of law enforcement, emergency, and military operations.
(c) CONSIDERATION OF VIEWS.—In conducting the study under
subsection (a), the Secretary shall consider the views of representa-
tives of—
(1) members of the Armed Forces;
(2) law enforcement agencies;
(3) community stakeholders, including residents and local
government officials; and
(4) organizations with an interest in reducing military heli-
copter noise.
(d) REPORT.—
(1) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to Con-
gress a report on the results of the study conducted under sub-
section (a).
(2) AVAILABILITY TO THE PUBLIC.—The Secretary shall
make the report required under paragraph (1) publicly avail-
able.
SEC. 1074. INDEPENDENT REVIEW OF UNITED STATES MILITARY
STRATEGY AND FORCE POSTURE IN THE UNITED STATES
PACIFIC COMMAND AREA OF RESPONSIBILITY.
(a) INDEPENDENT REVIEW.—
(1) IN GENERAL.—In fiscal year 2018, the Secretary of De-
fense shall commission an independent review of United States
policy in the Indo-Asia-Pacific region, with a focus on issues ex-
pected to be critical during the ten-year period beginning on the
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date of such review, including the national security interests

and military strategy of the United States in the Indo-Asia-Pa-
cific region.

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(2) CONDUCT OF REVIEW.—The review conducted pursuant

to paragraph (1) shall be conducted by an independent organi-
zation that has—
(A) recognized credentials and expertise in national se-
curity and military affairs; and
(B) access to policy experts throughout the United
States and from the Indo-Asia-Pacific region.
(3) ELEMENTS.—Each review conducted pursuant to para-
graph (1) shall include the following elements:
(A) An assessment of the risks to United States na-
tional security interests in the United States Pacific Com-
mand area of responsibility during the ten-year period be-
ginning on the date of such review as a result of changes
in the security environment.
(B) An assessment of the current and planned United
States force posture adjustments with respect to the Indo-
Asia-Pacific region.
(C) An evaluation of any key capability gaps and short-
falls of the United States in the Indo-Asia-Pacific region,
including undersea warfare (including submarines), naval
and maritime, ballistic missile defense, cyber, munitions,
anti-access area denial, land-force power projection, and in-
telligence, surveillance, and reconnaissance capabilities.
(D) An analysis of the willingness and capacity of al-
lies, partners, and regional organizations to contribute to
the security and stability of the Indo-Asia-Pacific region,
including potential required adjustments to United States
military strategy based on that analysis.
(E) An evaluation of theater security cooperation efforts
of the United States Pacific Command in the context of cur-
rent and projected threats, and desired capabilities and
priorities of the United States and its allies and partners.
(F) An evaluation of the seams between United States
Pacific Command and adjacent geographic combatant com-
mands, including an appraisal of the Arctic ambitions of
actors in the Indo-Asia-Pacific region in the context of cur-
rent and projected capabilities, and recommendations to
mitigate the effects of those seams.
(G) The views of noted policy leaders and regional ex-
perts, including military commanders, in the Indo-Asia-Pa-
cific region.
(b) REPORT.—
(1) SUBMITTAL TO SECRETARY OF DEFENSE.—Not later than
180 days after commencing the review under subsection (a), the
independent organization conducting the review shall submit to
the Secretary of Defense a report containing the findings of the
review. The report shall be submitted in unclassified form, but
may contain an classified annex.
(2) SUBMITTAL TO CONGRESS.—Not later than 90 days after
the date of receipt of a report required by paragraph (1), the
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Secretary shall submit to the congressional defense committees

the report, together with any comments on the report that the
Secretary considers appropriate.

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 421
SEC. 1075. ASSESSMENT OF THE JOINT GROUND FORCES OF THE
ARMED FORCES.
(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, the Chief of Staff
of the Army, and the Commandant of the Marine Corps, shall pro-
vide for and oversee an assessment of the joint ground forces of the
Armed Forces.
(b) REPORT.—Not later than one year after the date of the enact-
ment of this Act, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a re-
port on the assessment described in subsection (a). The report shall
include the following:
(1) A description of any gaps in the capabilities and capac-
ities of the joint ground forces that threaten the successful exe-
cution of decisive operational maneuver by the joint ground
forces.
(2) Recommendations for actions to be taken to eliminate or
otherwise address such gaps in capabilities or capacities.
(3) An assessment by each of the Chief of Staff of the Army
and the Commandant of the Marine Corps of any specific gaps
in the capability and capacity of the Army and Marine Corps,
respectively, that threaten the successful execution of decisive
operational maneuver.
Subtitle G—Other Matters
SEC. 1081. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) Section 130h is amended by striking ‘‘subsection (a) and
(b)’’ both places it appears and inserting ‘‘subsections (a) and
(b)’’.
(2) Section 187(a)(2)(C) is amended by striking ‘‘Acquisi-
tion, Logistics, and Technology’’ and inserting ‘‘Acquisition,
Technology, and Logistics’’.
(3) Section 196(c)(1)(A)(ii) is amended by striking ‘‘section
139(i)’’ and inserting ‘‘section 139(j)’’.
(4) Subsection (b)(1)(B) of section 1415 is amended by add-
ing a period at the end of clause (ii).
(5) Section 1705(g)(1) is amended by striking ‘‘of of’’ and in-
serting ‘‘of’’.
(6) Section 2222 is amended—
(A) in subsection (d)(1)(B), by inserting ‘‘to’’ before
‘‘eliminate’’;
(B) in subsection (g)(1)(E), by inserting ‘‘the system’’ be-
fore ‘‘is in compliance’’; and
(C) in subsection (i)(5), by striking ‘‘PROGRAM’’ in the
heading.
(7) Subsection (d) of section 2431b is amended to read as
follows:
‘‘(d) DEFINITIONS.—
‘‘(1) CONCURRENCY.—The term ‘concurrency’ means, with
respect to an acquisition strategy, the combination or overlap of
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program phases or activities.

‘‘(2) MAJOR DEFENSE ACQUISITION PROGRAM AND MAJOR
SYSTEM.—The terms ‘major defense acquisition program’ and

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 422

‘major system’ have the meanings provided in section 2431a of

this title.’’.
(b) AMENDMENTS RELATED TO ELIMINATION OF TITLE 50 AP-
PENDIX.—
(1) MILITARY SELECTIVE SERVICE ACT CITATION CHANGES.—
(A) TITLE 10, UNITED STATES CODE.—Title 10, United
States Code, is amended as follows:
(i) Section 101(d)(6)(B)(v) is amended by striking
‘‘(50 U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C.
3809(b)(2))’’.
(ii) Section 513(c) is amended—
(I) by striking ‘‘(50 U.S.C. App. 451 et seq.)’’
and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and
(II) by inserting ‘‘(50 U.S.C. 3806(c)(2)(A))’’
after ‘‘of that Act’’.
(iii) Section 523(b)(7) is amended by striking ‘‘(50
U.S.C. App. 460(b)(2))’’ and inserting ‘‘(50 U.S.C.
3809(b)(2))’’.
(iv) Section 651(a) is amended by striking ‘‘(50’’
and all that follows through ‘‘shall serve’’ and inserting
‘‘(50 U.S.C. 3806(d)(1))’’.
(v) Section 671(c)(1) is amended by striking ‘‘(50
U.S.C. App. 454(a))’’ and inserting ‘‘(50 U.S.C.
3803(a))’’.
(vi) Section 1475(a)(5)(B) is amended by striking
‘‘(50 U.S.C. App. 451 et seq.)’’ and inserting ‘‘(50 U.S.C.
3801 et seq.)’’.
(vii) Section 12103 is amended—
(I) in subsections (b) and (d), by striking ‘‘(50
U.S.C. App. 451 et seq.)’’ both places it appears
and inserting ‘‘(50 U.S.C. 3801 et seq.)’’; and
(II) in subsection (d), by striking ‘‘section
6(c)(2)(A)(ii) and (iii) of such Act’’ and inserting
‘‘clauses (ii) and (iii) of section 6(c)(2)(A) of such
Act (50 U.S.C. 3806(c)(2)(A))’’.
(viii) Section 12104(a) is amended by striking ‘‘(50
U.S.C. App. 451 et seq.)’’ both places it appears and in-
serting ‘‘(50 U.S.C. 3801 et seq.)’’.
(ix) Section 12208(a) is amended by striking ‘‘(50
U.S.C. App. 451 et seq.)’’ both places it appears and in-
serting ‘‘(50 U.S.C. 3801 et seq.)’’.
(B) TITLE 37, UNITED STATES CODE.—Section 209(a)(1)
of title 37, United States Code, is amended by striking ‘‘(50
U.S.C. App. 456(d)(1))’’ and inserting ‘‘(50 U.S.C.
3806(d)(1))’’.
(2) SERVICEMEMBERS CIVIL RELIEF ACT CITATION
CHANGES.—Title 10, United States Code, is amended as follows:
(A) Section 987 is amended—
(i) in subsection (e)(2), by inserting ‘‘(50 U.S.C.
3901 et seq.)’’ before the semicolon; and
(ii) in subsection (g), by striking ‘‘(50 U.S.C. App.
527)’’ and inserting ‘‘(50 U.S.C. 3937)’’.
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(B) Section 1408(b)(1)(D) is amended by striking ‘‘(50

U.S.C. App. 501 et seq.)’’ and inserting ‘‘(50 U.S.C. 3901 et
seq.)’’.

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 423

(3) EXPORT ADMINISTRATION ACT OF 1979 CITATION

CHANGES.—Title 10, United States Code, is amended as follows:
(A) Section 130(a) is amended by striking ‘‘(50 U.S.C.
App. 2401–2420)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’.
(B) Section 2249a(a)(1) is amended by striking ‘‘(50
U.S.C. App. 2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C.
4605(j)(1)(A))’’.
(C) Section 2327 is amended—
(i) in subsection (a), by striking ‘‘(50 U.S.C. App.
2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C. 4605(j)(1)(A))’’;
and
(ii) in subsection (b)(2), by striking ‘‘(50 U.S.C.
App. 2405(j)(1)(A))’’ and inserting ‘‘(50 U.S.C.
4605(j)(1)(A))’’.
(D) Section 2410i(a) is amended by striking ‘‘(50 U.S.C.
App. 2402(5)(A))’’ and inserting ‘‘(50 U.S.C. 4602(5)(A))’’.
(E) Section 7430(e) is amended by striking ‘‘(50 U.S.C.
App. 2401 et seq.)’’ and inserting ‘‘(50 U.S.C. 4601 et seq.)’’.
(4) DEFENSE PRODUCTION ACT OF 1950 CITATION CHANGES.—
Title 10, United States Code, is amended as follows:
(A) Section 139c is amended—
(i) in subsection (b)—
(I) in paragraph (11), by striking ‘‘(50 U.S.C.
App. 2171)’’ and inserting ‘‘(50 U.S.C. 4567)’’; and
(II) in paragraph (12)—
(aa) by striking ‘‘(50 U.S.C. App. 2062(b))’’
and inserting ‘‘(50 U.S.C. 4502(b))’’; and
(bb) by striking ‘‘(50 U.S.C. App. 2061 et
seq.)’’ and inserting ‘‘(50 U.S.C. 4501 et seq.)’’;
and
(ii) in subsection (c), by striking ‘‘(50 U.S.C. App.
2170(k))’’ and inserting ‘‘(50 U.S.C. 4565(k))’’.
(B) Section 2537(c) is amended by striking ‘‘(50 U.S.C.
App. 2170(a))’’ and inserting ‘‘(50 U.S.C. 4565(a))’’.
(C) Section 9511(6) is amended by striking ‘‘(50 U.S.C.
App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’.
(D) Section 9512(e) is amended by striking ‘‘(50 U.S.C.
App. 2071)’’ and inserting ‘‘(50 U.S.C. 4511)’’.
(5) MERCHANT SHIP SALES ACT OF 1946 CITATION
CHANGES.—Section 2218 of title 10, United States Code, is
amended—
(A) in subsection (c)(1)(E), by striking ‘‘(50 U.S.C. App.
1744)’’ and inserting ‘‘(50 U.S.C. 4405)’’; and
(B) in subsection (k)(3)(B), by striking ‘‘(50 U.S.C. App.
1744)’’ and inserting ‘‘(50 U.S.C. 4405)’’.
(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2016.—Effective as of November 25, 2015, and as if included therein
as enacted, the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114–92) is amended as follows:
(1) Section 563(a) is amended by striking ‘‘Section 5(c)(5)’’
and inserting ‘‘Section 5(c)(2)’’.
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(2) Section 804(d)(3) is amended by inserting ‘‘within 5

business days after such transfer’’ before the period at the end
of the first sentence.

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 424

(3) Section 809(e)(2)(A) is amended by striking ‘‘repealed’’

and inserting ‘‘rescinded’’.
(4) Section 883(a)(2) is amended by striking ‘‘such chapter’’
and inserting ‘‘chapter 131 of such title’’.
(5) Section 883 is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) CONFORMING AMENDMENTS.—
‘‘(1) Effective on the effective date specified in subsection
(a)(1) of section 901 of the Carl Levin and Howard P. ‘Buck’
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 128 Stat. 3462; 10 U.S.C. 132a
note), section 2222 of title 10, United States Code, is amended—
‘‘(A) by striking ‘Deputy Chief Management Officer of
the Department of Defense’ each place it appears in sub-
sections (c)(2), (e)(1), (g)(2)(A), (g)(2)(B)(ii), and (i)(5)(B) and
inserting ‘Under Secretary of Defense for Business Manage-
ment and Information’; and
‘‘(B) by striking ‘Deputy Chief Management Officer’ in
subsection (f)(1) and inserting ‘Under Secretary of Defense
for Business Management and Information’.
‘‘(2) The second paragraph (3) of section 901(k) of such Act
(Public Law 113–291; 128 Stat. 3468; 10 U.S.C. 2222 note) is
repealed.’’.
(6) Section 1079(a) is amended to read as follows:
‘‘(a) ANNUAL REPORT ON PRIZES FOR ADVANCED TECHNOLOGY
ACHIEVEMENTS.—Section 2374a of title 10, United States Code, is
amended—
‘‘(1) by striking subsection (f); and
‘‘(2) by redesignating subsection (g) as subsection (f).’’.
(7) Section 1086(f)(11)(A) is amended by striking ‘‘Not later
than\ one year’’ and inserting ‘‘Not later than one year’’.
(d) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS
ACT.—For purposes of applying amendments made by provisions of
this Act other than this section, the amendments made by this sec-
tion shall be treated as having been enacted immediately before any
such amendments by other provisions of this Act.
SEC. 1082. INCREASE IN MAXIMUM AMOUNT AVAILABLE FOR EQUIP-
MENT, SERVICES, AND SUPPLIES PROVIDED FOR HUMANI-
TARIAN DEMINING ASSISTANCE.
Section 407(c)(3) of title 10, United States Code, is amended by
striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’.
SEC. 1083. LIQUIDATION OF UNPAID CREDITS ACCRUED AS A RESULT
OF TRANSACTIONS UNDER A CROSS-SERVICING AGREE-
MENT.
(a) LIQUIDATION OF UNPAID CREDITS.—Section 2345 of title 10,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(c)(1) Any credits of the United States accrued as a result of
the provision of logistic support, supplies, and services under the
authority of this subchapter that remain unliquidated more than 18
months after the date of delivery of the logistic support, supplies, or
services may, at the option of the Secretary of Defense, with the con-
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currence of the Secretary of State, be liquidated by offsetting the

credits against any amount owed by the Department of Defense,
pursuant to a transaction or transactions concluded under the au-

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 425

thority of this subchapter, to the government or international orga-

nization to which the logistic support, supplies, or services were pro-
vided by the United States.
‘‘(2) The amount of any credits offset pursuant to paragraph (1)
shall be credited as specified in section 2346 of this title as if it were
a receipt of the United States.’’.
(b) EFFECTIVE DATE.—Subsection (c) of section 2345 of title 10,
United States Code, as added by subsection (a), shall apply with re-
spect to credits accrued by the United States that—
(1) were accrued prior to, and remain unpaid as of, the
date of the enactment of this Act; or
(2) are accrued after the date of the enactment of this Act.
SEC. 1084. MODIFICATION OF REQUIREMENTS RELATING TO MANAGE-
MENT OF MILITARY TECHNICIANS.
(a) CONVERSION OF CERTAIN MILITARY TECHNICIAN (DUAL STA-
TUS) POSITIONS.—Subsection (a) of section 1053 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 981; 10 U.S.C. 10216 note) is amended—
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
‘‘(1) IN GENERAL.—By not later than October 1, 2017, the
Secretary of Defense shall convert not fewer than 20 percent of
all military technician positions to positions filled by individ-
uals who are employed under section 3101 of title 5, United
States Code, or section 1601 of title 10, United States Code, and
are not military technicians. The positions to be converted are
described in paragraph (2).’’;
(2) in paragraph (2), by striking ‘‘in the report’’ and all that
follows and inserting ‘‘by the Army Reserve, the Air Force Re-
serve, the National Guard Bureau, State adjutants general, and
the Secretary of Defense in the course of reviewing all military
technician positions for purposes of implementing this section.’’;
and
(3) in paragraph (3), by striking ‘‘may fill’’ and inserting
‘‘shall fill’’.
(b) CONVERSION OF ARMY RESERVE, AIR FORCE RESERVE, AND
NATIONAL GUARD NON-DUAL STATUS POSITIONS.—Subsection (e) of
section 10217 of title 10, United States Code, is amended is amend-
ed to read as follows:
‘‘(e) CONVERSION OF POSITIONS.—(1) No individual may be
newly hired or employed, or rehired or reemployed, as a non-dual
status technician for purposes of this section after September 30,
2017.
‘‘(2) By not later than October 1, 2017, the Secretary of Defense
shall convert all non-dual status technicians to positions filled by
individuals who are employed under section 3101 of title 5 or sec-
tion 1601 of this title and are not military technicians.
‘‘(3) In the case of a position converted under paragraph (2) for
which there is an incumbent employee on October 1, 2017, the Sec-
retary shall fill that position, as converted, with the incumbent em-
ployee without regard to any requirement concerning competition or
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competitive hiring procedures.

‘‘(4) Any individual newly hired or employed, or rehired or em-
ployed, to a position required to be filled by reason of paragraph (1)

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 426

shall an individual employed in such position under section 3101

of title 5 or section 1601 of this title.’’.
(c) REPORT ON CONVERSION OF MILITARY TECHNICIAN POSI-
TIONS TO PERSONNEL PERFORMING ACTIVE GUARD AND RESERVE
DUTY.—
(1) IN GENERAL.—Not later than March 1, 2017, the Sec-
retary of Defense, shall in consultation with the Chief of the Na-
tional Guard Bureau, submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report on
the feasibility and advisability of converting any remaining
military technicians (dual status) to personnel performing ac-
tive Guard and Reserve duty under section 328 of title 32,
United States Code, or other applicable provisions of law. The
report shall include the following:
(A) An analysis of the fully-burdened costs of the con-
version taking into account the new modernized military re-
tirement system.
(B) An assessment of the ratio of members of the
Armed Forces performing active Guard and Reserve duty
and civilian employees of the Department of Defense under
title 5, United States Code, required to best contribute to
the readiness of the National Guard and the Reserves.
(2) ACTIVE GUARD AND RESERVE DUTY DEFINED.—In this
subsection, the term ‘‘active Guard and Reserve duty’’ has the
meaning given that term in section 101(d)(6) of title 10, United
States Code.
SEC. 1085. STREAMLINING OF THE NATIONAL SECURITY COUNCIL.
(a) IN GENERAL.—Section 101 of the National Security Act of
1947 (50 U.S.C. 3021) is amended to read as follows:
‘‘SEC. 101. NATIONAL SECURITY COUNCIL.
‘‘(a) NATIONAL SECURITY COUNCIL.—There is a council known
as the National Security Council (in this section referred to as the
‘Council’).
‘‘(b) FUNCTIONS.—Consistent with the direction of the President,
the functions of the Council shall be to—
‘‘(1) advise the President with respect to the integration of
domestic, foreign, and military policies relating to the national
security so as to enable the Armed Forces and the other depart-
ments and agencies of the United States Government to cooper-
ate more effectively in matters involving the national security;
‘‘(2) assess and appraise the objectives, commitments, and
risks of the United States in relation to the actual and potential
military power of the United States, and make recommenda-
tions thereon to the President; and
‘‘(3) make recommendations to the President concerning
policies on matters of common interest to the departments and
agencies of the United States Government concerned with the
national security.
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Council consists of the President,
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the Vice President, the Secretary of State, the Secretary of De-

fense, the Secretary of Energy, and such other officers of the
United States Government as the President may designate.

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 427

‘‘(2) ATTENDANCE AND PARTICIPATION IN MEETINGS.—The

President may designate such other officers of the United States
Government as the President considers appropriate, including
the Director of National Intelligence, the Director of National
Drug Control Policy, and the Chairman of the Joint Chiefs of
Staff, to attend and participate in meetings of the Council.
‘‘(d) PRESIDING OFFICERS.—At meetings of the Council, the
President shall preside or, in the absence of the President, a member
of the Council designated by the President shall preside.
‘‘(e) STAFF.—
‘‘(1) IN GENERAL.—The Council shall have a staff headed by
a civilian executive secretary appointed by the President.
‘‘(2) STAFF.—Consistent with the direction of the President
and subject to paragraph (3), the executive secretary may, sub-
ject to the civil service laws and chapter 51 and subchapter III
of chapter 53 of title 5, United States Code, appoint and fix the
compensation of such personnel as may be necessary to perform
such duties as may be prescribed by the President in connection
with performance of the functions of the Council.
‘‘(3) NUMBER OF PROFESSIONAL STAFF.—The professional
staff for which this subsection provides shall not exceed 200
persons, including persons employed by, assigned to, detailed
to, under contract to serve on, or otherwise serving or affiliated
with the staff. The limitation in this paragraph does not apply
to personnel serving substantially in support or administrative
positions.
‘‘(f) SPECIAL ADVISOR TO THE PRESIDENT ON INTERNATIONAL
RELIGIOUS FREEDOM.—It is the sense of Congress that there should
be within the staff of the Council a Special Adviser to the President
on International Religious Freedom, whose position should be com-
parable to that of a director within the Executive Office of the Presi-
dent. The Special Adviser should serve as a resource for executive
branch officials, compiling and maintaining information on the
facts and circumstances of violations of religious freedom (as de-
fined in section 3 of the International Religious Freedom Act of
1998 (22 U.S.C. 6402)), and making policy recommendations. The
Special Adviser should serve as liaison with the Ambassador at
Large for International Religious Freedom, the United States Com-
mission on International Religious Freedom, Congress and, as ad-
visable, religious nongovernmental organizations.’’.
(b) EFFECTIVE DATE OF LIMITATION ON NUMBER OF PROFES-
SIONAL STAFF.—The limitation on the number of professional staff
of the National Security Council specified in subsection (e)(3) of sec-
tion 101 of the National Security Act of 1947, as amended by sub-
section (a) of this section, shall take effect on the date that is 18
months after the date of the enactment of this Act.
SEC. 1086. NATIONAL BIODEFENSE STRATEGY.
(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—The
Secretary of Defense, the Secretary of Health and Human Services,
the Secretary of Homeland Security, and the Secretary of Agri-
culture shall jointly develop a national biodefense strategy and asso-
ciated implementation plan, which shall include a review and as-
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sessment of biodefense policies, practices, programs and initiatives.

Such Secretaries shall review and, as appropriate, revise the strat-
egy biennially.

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 428

(b) ELEMENTS.—The strategy and associated implementation

plan required under subsection (a) shall include each of the fol-
lowing:
(1) An inventory and assessment of all existing strategies,
plans, policies, laws, and interagency agreements related to bio-
defense, including prevention, deterrence, preparedness, detec-
tion, response, attribution, recovery, and mitigation.
(2) A description of the biological threats, including biologi-
cal warfare, bioterrorism, naturally occurring infectious dis-
eases, and accidental exposures.
(3) A description of the current programs, efforts, or activi-
ties of the United States Government with respect to preventing
the acquisition, proliferation, and use of a biological weapon,
preventing an accidental or naturally occurring biological out-
break, and mitigating the effects of a biological epidemic.
(4) A description of the roles and responsibilities of the Ex-
ecutive Agencies, including internal and external coordination
procedures, in identifying and sharing information related to,
warning of, and protection against, acts of terrorism using bio-
logical agents and weapons and accidental or naturally occur-
ring biological outbreaks.
(5) An articulation of related or required interagency capa-
bilities and whole-of-Government activities required to support
the national biodefense strategy.
(6) Recommendations for strengthening and improving the
current biodefense capabilities, authorities, and command
structures of the United States Government.
(7) Recommendations for improving and formalizing inter-
agency coordination and support mechanisms with respect to
providing a robust national biodefense.
(8) Any other matters the Secretary of Defense, the Sec-
retary of Health and Human Services, the Secretary of Home-
land Security, and the Secretary of Agriculture determine nec-
essary.
(c) SUBMITTAL TO CONGRESS.—Not later than 275 days after
the date of the enactment of this Act, the Secretary of Defense, the
Secretary of Health and Human Services, the Secretary of Home-
land Security, and the Secretary of Agriculture shall submit to the
appropriate congressional committees the strategy and associated
implementation plan required by subsection (a). The strategy and
implementation plan shall be submitted in unclassified form, but
may include a classified annex.
(d) BRIEFINGS.—Not later than March 1, 2017, and annually
thereafter until March 1, 2019, the Secretary of Defense, the Sec-
retary of Health and Human Services, the Secretary of Homeland
Security, and the Secretary of Agriculture shall provide to the Com-
mittee on Armed Services of the House of Representatives, the Com-
mittee on Energy and Commerce of the House of Representatives,
the Committee on Homeland Security of the House of Representa-
tives, and the Committee on Agriculture of the House of Representa-
tives a joint briefing on the strategy developed under subsection (a)
and the status of the implementation of such strategy.
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(e) GAO REVIEW.—Not later than 180 days after the date of the
submittal of the strategy and implementation plan under subsection
(c), the Comptroller General of the United States shall conduct a re-

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 429

view of the strategy and implementation plan to analyze gaps and

resources mapped against the requirements of the National Bio-
defense Strategy and existing United States biodefense policy docu-
ments.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
SEC. 1087. GLOBAL CULTURAL KNOWLEDGE NETWORK.
(a) PROGRAM AUTHORIZED.—The Secretary of the Army shall
carry out a program to support the socio-cultural understanding
needs of the Department of the Army, to be known as the Global
Cultural Knowledge Network.
(b) GOALS.—The Global Cultural Knowledge Network shall sup-
port the following goals:
(1) Provide socio-cultural analysis support to any unit de-
ployed, or preparing to deploy, to an exercise or operation in the
assigned region of responsibility of the unit being supported.
(2) Make recommendations or support policy or doctrine de-
velopment to increase the social science expertise of military and
civilian personnel of the Department of the Army.
(3) Provide reimbursable support to other military depart-
ments or Federal agencies if requested through an operational
needs request process.
(c) ELEMENTS OF THE PROGRAM.—The Global Cultural Knowl-
edge Network shall include the following elements:
(1) A center in the continental United States (referred to in
this section as a ‘‘reach-back center’’) to support requests for in-
formation, research, and analysis.
(2) Outreach to academic institutions and other Federal
agencies involved in social science research to increase the net-
work of resources for the reach-back center.
(3) Training with operational units during annual training
exercises or during pre-deployment training.
(4) The training, contracting, and human resources capac-
ity to rapidly respond to contingencies in which social science
expertise is requested by operational commanders through an
operational needs request process.
(d) DIRECTIVE REQUIRED.—The Secretary of the Army shall
issue a directive within one year after the date of the enactment of
this Act for the governance of the Global Cultural Knowledge Net-
work, including oversight and process controls for auditing the ac-
tivities of personnel of the Network, the employment of the Global
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Cultural Knowledge Network by operational forces, and processes

for requesting support by operational Army units and other Depart-
ment of Defense and Federal entities.

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(e) PROHIBITION ON DEPLOYMENTS UNDER GLOBAL CULTURAL

KNOWLEDGE NETWORK.—
(1) PROHIBITION.—The Secretary of the Army may not de-
ploy social scientists of the Global Cultural Knowledge Network
in a conflict zone.
(2) WAIVER.—The Secretary of the Army may waive the pro-
hibition in paragraph (1) if the Secretary submits, at least 10
days before the deployment, to the Committees on Armed Serv-
ices of the House of Representatives and the Senate—
(A) notice of the waiver; and
(B) a certification that there is a compelling national
security interest for the deployment or there will be a ben-
efit to the safety and welfare of members of the Armed
Forces from the deployment.
(3) ELEMENTS OF WAIVER NOTICE.—A waiver notice under
this subsection also shall include the following:
(A) The operational unit, or units, requesting support,
including the location or locations where the social sci-
entists are to be deployed.
(B) The number of Global Cultural Knowledge Network
personnel to be deployed and the anticipated duration of
such deployments.
(C) The anticipated resource needs for such deploy-
ment.
SEC. 1088. SENSE OF CONGRESS REGARDING CONNECTICUT’S SUB-
MARINE CENTURY.
(a) FINDINGS.—Congress makes the following findings:
(1) On March 2, 1867, Congress enacted a naval appropria-
tions Act that authorized the Secretary of the Navy to ‘‘receive
and accept a deed of gift, when offered by the State of Con-
necticut, of a tract of land with not less than one mile of shore
front on the Thames River near New London, Connecticut, to be
held by the United States for naval purposes’’.
(2) The people of Connecticut and the towns and cities in
the southeastern region of Connecticut subsequently gifted land
to establish a military installation to fulfil the Nation’s need for
a naval facility on the Atlantic coast.
(3) On April 11, 1868, the Navy accepted the deed of gift
of land from Connecticut to establish a naval yard and storage
depot along the eastern shore of the Thames River in Groton,
Connecticut.
(4) Between 1868 and 1912, the New London Navy Yard
supported a diverse range of missions, including berthing inac-
tive Civil War era ironclad warships and serving as a coaling
station for refueling naval ships traveling in New England
waters.
(5) Congress rejected the Navy’s proposal to close New Lon-
don Navy Yard in 1912, following an impassioned effort by
Congressman Edwin W. Higgins, who stated that ‘‘this action
proposed is not only unjust but unreasonable and unsound as
a military proposition’’.
(6) The outbreak of World War I and the enemy use of sub-
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marines to sink allied military and civilian ships in the Atlan-

tic sparked a new focus on developing submarine capabilities in
the United States.

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(7) October 18, 1915, marked the arrival at the New Lon-
don Navy Yard of the submarines G–1, G–2, and G–4 under the
care of the tender USS Ozark and the arrival of submarines E–
1, D–1, and D–3 under the care of the tender USS Tonopah.
November 1, 1915, marked the arrival of the first ship built as
a submarine tender, the USS Fulton (AS–1).
(8) On June 21, 1916, Commander Yeates Stirling assumed
the command of the newly designated Naval Submarine Base
New London, the New London Submarine Flotilla, and the
Submarine School.
(9) In the 100 years since the arrival of the first submarines
to the base, Naval Submarine Base New London has grown to
occupy more than 680 acres along the east side of the Thames
River, with more than 160 major facilities, 15 nuclear sub-
marines, and more than 70 tenant commands and activities, in-
cluding the Submarine Learning Center, Naval Submarine
School, the Naval Submarine Medical Research Laboratory, the
Naval Undersea Medical Institute, and the newly established
Undersea Warfighting Development Center.
(10) In addition to being the site of the first submarine base
in the United States, Connecticut was home to the foremost sub-
marine manufacturers of the time, the Lake Torpedo Boat Com-
pany in Bridgeport and the Electric Boat Company in Groton,
which later became General Dynamics Electric Boat.
(11) General Dynamics Electric Boat, its talented workforce,
and its Connecticut-based and nationwide network of suppliers
have delivered more than 200 submarines from its current loca-
tion in Groton, Connecticut, including the first nuclear-powered
submarine, the USS Nautilus (SSN 571), and nearly half of the
nuclear submarines ever built by the United States.
(12) The Submarine Force Museum, located adjacent to
Naval Submarine Base New London in Groton, Connecticut, is
the only submarine museum operated by the United States
Navy and today serves as the primary repository for artifacts,
documents, and photographs relating to the bold and coura-
geous history of the Submarine Force and highlights as its core
exhibit the Historic Ship Nautilus (SSN 571) following her re-
tirement from service.
(13) Reflecting the close ties between Connecticut and the
Navy that began with the gift of land that established the base,
the State of Connecticut has set aside $40,000,000 in funding
for critical infrastructure investments to support the mission of
the base, including construction of a new dive locker building,
expansion of the Submarine Learning Center, and moderniza-
tion of energy infrastructure.
(14) On September 29, 2015, Connecticut Governor Dannel
Malloy designated October 2015 through October 2016 as Con-
necticut’s Submarine Century, a year-long observance that cele-
brates 100 years of submarine activity in Connecticut, including
the Town of Groton’s distinction as the Submarine Capital of
the World, to coincide with the centennial anniversary of the es-
tablishment of Naval Submarine Base New London and the
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Naval Submarine School.

(15) Whereas Naval Submarine Base New London still
proudly proclaims its motto of ‘‘The First and Finest’’.

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(16) Congressman Higgins’ statement before Congress in

1912 that ‘‘Connecticut stands ready, as she always has, to bear
her part of the burdens of the national defense’’ remains true
today.
(b) SENSE OF CONGRESS.—Congress—
(1) commends the longstanding dedication and contribution
to the Navy and submarine force by the people of Connecticut,
both through the initial deed of gift that established what
would become Naval Submarine Base New London and
through their ongoing commitment to support the mission of the
base and the Navy personnel assigned to it;
(2) honors the submariners who have trained and served at
Naval Submarine Base New London throughout its history in
support of the Nation’s security and undersea superiority;
(3) recognizes the contribution of the industry and work-
force of Connecticut in designing, building, and sustaining the
Navy’s submarine fleet; and
(4) encourages the recognition of Connecticut’s Submarine
Century by Congress, the Navy, and the American people by
honoring the contribution of the people of Connecticut to the de-
fense of the United States and the important role of the sub-
marine force in safeguarding the security of the United States
for more than a century.
SEC. 1089. SENSE OF CONGRESS REGARDING THE REPORTING OF THE
MV–22 MISHAP IN MARANA, ARIZONA, ON APRIL 8, 2000.
It is the sense of Congress that—
(1) in the report accompanying H.R. 1735 of the 114th Con-
gress (House Report 114–102), the Committee on Armed Serv-
ices of the House of Representatives encouraged the Secretary of
Defense to ‘‘publicly clarify the causes of the MV-22 mishap at
Marana Northwest Regional Airport, Arizona, in a way con-
sistent with the results of all investigations as soon as possible’’;
(2) the Deputy Secretary of Defense Robert O. Work did an
excellent job reviewing the investigations of such mishap and
concluded that there was a misrepresentation of facts by the
media which incorrectly identified pilot error as the cause of the
mishap which the Deputy Secretary publicly made known in
March 2016; and
(3) Congress is grateful for the successful conclusion to this
tragic situation.
SEC. 1090. COST OF WARS.
The Secretary of Defense, in consultation with the Commis-
sioner of the Internal Revenue Service and the Director of the Bu-
reau of Economic Analysis, shall post on the public Internet website
of the Department of Defense the costs to each United States tax-
payer of each of the wars in Afghanistan, Iraq, and Syria.
SEC. 1091. RECONNAISSANCE STRIKE GROUP MATTERS.
(a) MODELING OF ALTERNATIVE ARMY DESIGN AND OPER-
ATIONAL CONCEPT.—
(1) ANALYSES REQUIRED.—The Chairman of the Joint
Chiefs of Staff and the Chief of Staff of the Army, in consulta-
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tion with the commanding general of the United States Euro-

pean Command, shall each conduct a separate analysis of alter-
native Army operational concepts and organizational designs,

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known as the Reconnaissance Strike Group, as recommended by

the National Commission on the Future of the United States
Army.
(2) ASSESSMENT OF ANALYSES.— The Chairman of the
Joint Chiefs of Staff and Chief of Staff of the Army shall then
each separately assess the operational merits, feasible force mix
under programmed end-strength, estimated costs for assessed
potential force structure changes, and strategic force sufficiency
and risk of each analysis conducted under paragraph (1).
(b) REPORTS REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Chairman of the Joint Chiefs of
Staff and the Chief of Staff of the Army shall each submit to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a separate report on the alternative designs and oper-
ational concepts analyzed under subsection (a)(1). Each such report
shall include an assessment of the merits and sufficiency of such de-
signs and concepts, the potential for future experimentation (such as
a follow-on pilot program), and the recommendation of the Chair-
man and Chief of Staff, as the case may be, regarding the Recon-
naissance Strike Group.
(c) INDEPENDENT ASSESSMENTS REQUIRED.—Before submittal
of the reports required under subsection (b), the Chairman of the
Joint Chiefs of Staff and the Chief of Staff of the Army shall each
select a Federally Funded Research and Development Center to re-
view and evaluate each report. The review and evaluation of each
report shall be submitted to the Committees on Armed Services of
the Senate and House of Representatives together with the reports
under subsection (b).
SEC. 1092. BORDER SECURITY METRICS.
(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) CONSEQUENCE DELIVERY SYSTEM.—The term ‘‘Con-
sequence Delivery System’’ means the series of consequences ap-
plied by U.S. Border Patrol in collaboration with other Federal
agencies to persons unlawfully entering the United States, in
order to prevent unlawful border crossing recidivism.
(3) GOT AWAY.—The term ‘‘got away’’ means an unlawful
border crosser who—
(A) is directly or indirectly observed making an unlaw-
ful entry into the United States;
(B) is not apprehended; and
(C) is not a turn back.
(4) KNOWN MARITIME MIGRANT FLOW.—The term ‘‘known
maritime migrant flow’’ means the sum of the number of un-
documented migrants—
(A) interdicted in the waters over which the United
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States has jurisdiction;

(B) identified at sea either directly or indirectly, but
not interdicted;

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(C) if not described in subparagraph (A) or (B), who

were otherwise reported, with a significant degree of cer-
tainty, as having entered, or attempted to enter, the United
States through the maritime border.
(5) MAJOR VIOLATOR.—The term ‘‘major violator’’ means a
person or entity that has engaged in serious criminal activities
at any land, air, or sea port of entry, including the following:
(A) Possession of illicit drugs.
(B) Smuggling of prohibited products.
(C) Human smuggling.
(D) Possession of illegal weapons.
(E) Use of fraudulent documents.
(F) Any other offense that is serious enough to result in
an arrest.
(6) SECRETARY.—The term ‘‘the Secretary’’ means the Sec-
retary of Homeland Security.
(7) SITUATIONAL AWARENESS.—The term ‘‘situational
awareness’’ means knowledge and understanding of current un-
lawful cross-border activity, including the following:
(A) Threats and trends concerning illicit trafficking
and unlawful crossings.
(B) The ability to forecast future shifts in such threats
and trends.
(C) The ability to evaluate such threats and trends at
a level sufficient to create actionable plans.
(D) The operational capability to conduct persistent
and integrated surveillance of the international borders of
the United States.
(8) TRANSIT ZONE.—The term ‘‘transit zone’’ means the sea
corridors of the western Atlantic Ocean, the Gulf of Mexico, the
Caribbean Sea, and the eastern Pacific Ocean through which
undocumented migrants and illicit drugs transit, either directly
or indirectly, to the United States.
(9) TURN BACK.—The term ‘‘turn back’’ means an unlawful
border crosser who, after making an unlawful entry into the
United States, responds to United States enforcement efforts by
returning promptly to the country from which such crosser en-
tered.
(10) UNLAWFUL BORDER CROSSING EFFECTIVENESS RATE.—
The term ‘‘unlawful border crossing effectiveness rate’’ means
the percentage that results from dividing the number of appre-
hensions and turn backs by the sum of the number of apprehen-
sions, estimated undetected unlawful entries, turn backs, and
got aways.
(11) UNLAWFUL ENTRY.—The term ‘‘unlawful entry’’ means
an unlawful border crosser who enters the United States and
is not apprehended by a border security component of the De-
partment of Homeland Security.
(b) METRICS FOR SECURING THE BORDER BETWEEN PORTS OF
ENTRY.—
(1) IN GENERAL.—Not later than 180 days after the date of
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the enactment of this section, the Secretary shall develop

metrics, informed by situational awareness, to measure the ef-
fectiveness of security between ports of entry. The Secretary

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 435

shall annually implement the metrics developed under this sub-

section, which shall include the following:
(A) Estimates, using alternative methodologies where
appropriate, including recidivism data, survey data,
known-flow data, and technologically-measured data, of the
following:
(i) The rate of apprehension of attempted unlawful
border crossers.
(ii) The number of detected unlawful entries.
(iii) The number of estimated undetected unlawful
entries.
(iv) Turn backs.
(v) Got aways.
(B) A measurement of situational awareness achieved
in each U.S. Border Patrol sector.
(C) An unlawful border crossing effectiveness rate in
each U.S. Border Patrol sector.
(D) A probability of detection rate, which compares the
estimated total unlawful border crossing attempts not de-
tected by U.S. Border Patrol to the unlawful border cross-
ing effectiveness rate under subparagraph (C), as informed
by subparagraph (A).
(E) The number of apprehensions in each U.S. Border
Patrol sector.
(F) The number of apprehensions of unaccompanied
alien children, and the nationality of such children, in each
U.S. Border Patrol sector.
(G) The number of apprehensions of family units, and
the nationality of such family units, in each U.S. Border
Patrol sector.
(H) An illicit drugs seizure rate for drugs seized by
U.S. Border Patrol between ports of entry, which compares
the ratio of the amount and type of illicit drugs seized be-
tween ports of entry in any fiscal year to the average of the
amount and type of illicit drugs seized between ports of
entry in the immediately preceding five fiscal years.
(I) Estimates of the impact of the Consequence Delivery
System on the rate of recidivism of unlawful border cross-
ers over multiple fiscal years.
(J) An examination of each consequence under the Con-
sequence Delivery System referred to in subparagraph (I),
including the following:
(i) Voluntary return.
(ii) Warrant of arrest or notice to appear.
(iii) Expedited removal.
(iv) Reinstatement of removal.
(v) Alien transfer exit program.
(vi) Criminal consequence program.
(vii) Standard prosecution.
(viii) Operation Against Smugglers Initiative on
Safety and Security.
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(2) METRICS CONSULTATION.—To ensure that authoritative

data sources are utilized in the development of the metrics de-
scribed in paragraph (1), the Secretary shall—

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(A) consult with the heads of the appropriate compo-

nents of the Department of Homeland Security; and
(B) where appropriate, with the heads of other agen-
cies, including the Office of Refugee Resettlement of the De-
partment of Health and Human Services and the Executive
Office for Immigration Review of the Department of Justice.
(3) MANNER OF COLLECTION.—The data collected to inform
the metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
across all U.S. Border Patrol sectors, informed by situational
awareness.
(c) METRICS FOR SECURING THE BORDER AT PORTS OF ENTRY.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the ef-
fectiveness of security at ports of entry. The Secretary shall an-
nually implement the metrics developed under this subsection,
which shall include the following:
(A) Estimates, using alternative methodologies where
appropriate, including recidivism data, survey data, and
randomized secondary screening data, of the following:
(i) Total inadmissible travelers who attempt to, or
successfully, enter the United States at a port of entry.
(ii) The rate of refusals and interdictions for trav-
elers who attempt to, or successfully, enter the United
States at a port of entry.
(iii) The number of unlawful entries at a port of
entry.
(B) The amount and type of illicit drugs seized by the
Office of Field Operations of U.S. Customs and Border Pro-
tection at ports of entry during the previous fiscal year.
(C) An illicit drugs seizure rate for drugs seized by the
Office of Field Operations, which compares the ratio of the
amount and type of illicit drugs seized by the Office of
Field Operations in any fiscal year to the average of the
amount and type of illicit drugs seized by the Office of
Field Operations in the immediately preceding five fiscal
years.
(D) The number of infractions related to travelers and
cargo committed by major violators who are interdicted by
the Office of Field Operations at ports of entry, and the esti-
mated number of such infractions committed by major vio-
lators who are not so interdicted.
(E) In consultation with the heads of the Office of Na-
tional Drug Control Policy and the United States Southern
Command, a cocaine seizure effectiveness rate, which is the
percentage resulting from dividing the amount of cocaine
seized by the Office of Field Operations by the total esti-
mated cocaine flow rate at ports of entry along the United
States land border with Mexico and Canada.
(F) A measurement of how border security operations
affect crossing times, including the following:
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(i) A wait time ratio that compares the average

wait times to total commercial and private vehicular
traffic volumes at each land port of entry.

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(ii) An infrastructure capacity utilization rate that

measures traffic volume against the physical and staff-
ing capacity at each land port of entry.
(iii) A secondary examination rate that measures
the frequency of secondary examinations at each land
port of entry.
(iv) An enforcement rate that measures the effec-
tiveness of such secondary examinations at detecting
major violators.
(G) A seaport scanning rate that includes the following:
(i) The number of all cargo containers that are
considered potentially ‘‘high-risk’’, as determined by the
Executive Assistant Commissioner of the Office of Field
Operations.
(ii) A comparison of the number of potentially
high-risk cargo containers scanned by the Office of
Field Operations at each sea port of entry during a fis-
cal year to the total number of high-risk cargo con-
tainers entering the United States at each such sea port
of entry during the previous fiscal year.
(iii) The number of potentially high-risk cargo con-
tainers scanned upon arrival at a United States sea
port of entry.
(iv) The number of potentially high-risk cargo con-
tainers scanned before arrival at a United States sea
port of entry.
(2) METRICS CONSULTATION.—To ensure that authoritative
data sources are utilized in the development of the metrics de-
scribed in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and
(B) where appropriate, work with heads of other appro-
priate agencies, including the Office of Refugee Resettle-
ment of the Department of Health and Human Services and
the Executive Office for Immigration Review of the Depart-
ment of Justice.
(3) MANNER OF COLLECTION.—The data collected to inform
the metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
across all United States ports of entry, informed by situational
awareness.
(d) METRICS FOR SECURING THE MARITIME BORDER.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the ef-
fectiveness of security in the maritime environment. The Sec-
retary shall annually implement the metrics developed under
this subsection, which shall include the following:
(A) Situational awareness achieved in the maritime en-
vironment.
(B) A known maritime migrant flow rate.
(C) An illicit drugs removal rate for drugs removed in-
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side and outside of a transit zone, which compares the

amount and type of illicit drugs removed, including drugs
abandoned at sea, by the maritime security components of

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the Department of Homeland Security in any fiscal year to

the average of the amount and type of illicit drugs removed
by such maritime components for the immediately pre-
ceding five fiscal years.
(D) In consultation with the heads of the Office of Na-
tional Drug Control Policy and the United States Southern
Command, a cocaine removal effectiveness rate for cocaine
removed inside a transit zone and outside a transit zone,
which compares the amount of cocaine removed by the mar-
itime security components of the Department of Homeland
Security by the total documented cocaine flow rate, as con-
tained in Federal drug databases.
(E) A response rate, which compares the ability of the
maritime security components of the Department of Home-
land Security to respond to and resolve known maritime
threats, whether inside or outside a transit zone, by placing
assets on-scene, to the total number of events with respect
to which the Department has known threat information.
(F) An intergovernmental response rate, which com-
pares the ability of the maritime security components of the
Department of Homeland Security or other United States
Government entities to respond to and resolve actionable
maritime threats, whether inside or outside a transit zone,
with the number of such threats detected.
(2) METRICS CONSULTATION.—To ensure that authoritative
data sources are utilized in the development of the metrics de-
scribed in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and
(B) where appropriate, work with the heads of other
agencies, including the Drug Enforcement Agency, the De-
partment of Defense, and the Department of Justice.
(3) MANNER OF COLLECTION.—The data used by the Sec-
retary shall be collected and reported in a consistent and stand-
ardized manner by the maritime security components of the De-
partment of Homeland Security, informed by situational aware-
ness.
(e) AIR AND MARINE SECURITY METRICS IN THE LAND DO-
MAIN.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this section, the Secretary shall develop
metrics, informed by situational awareness, to measure the ef-
fectiveness of the aviation assets and operations of Air and Ma-
rine Operations of U.S. Customs and Border Protection. The
Secretary shall annually implement the metrics developed
under this subsection, which shall include the following:
(A) A flight hour effectiveness rate, which compares Air
and Marine Operations flight hours requirements to the
number of flight hours flown by Air and Marine Oper-
ations.
(B) A funded flight hour effectiveness rate, which com-
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pares the number of funded flight hours appropriated to

Air and Marine Operations to the number of actual flight
hours flown by Air and Marine Operations.

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(C) A readiness rate, which compares the number of

aviation missions flown by Air and Marine Operations to
the number of aviation missions cancelled by Air and Ma-
rine Operations due to maintenance, operations, or other
causes.
(D) The number of missions cancelled by Air and Ma-
rine Operations due to weather compared to the total
planned missions.
(E) The number of individuals detected by Air and Ma-
rine Operations through the use of unmanned aerial sys-
tems and manned aircraft.
(F) The number of apprehensions assisted by Air and
Marine Operations through the use of unmanned aerial
systems and manned aircraft.
(G) The number and quantity of illicit drug seizures
assisted by Air and Marine Operations through the use of
unmanned aerial systems and manned aircraft.
(H) The number of times that actionable intelligence re-
lated to border security was obtained through the use of un-
manned aerial systems and manned aircraft.
(2) METRICS CONSULTATION.—To ensure that authoritative
data sources are utilized in the development of the metrics de-
scribed in paragraph (1), the Secretary shall—
(A) consult with the heads of the appropriate compo-
nents of the Department of Homeland Security; and
(B) as appropriate, work with the heads of other de-
partments and agencies, including the Department of Jus-
tice.
(3) MANNER OF COLLECTION.—The data collected to inform
the metrics developed in accordance with paragraph (1) shall be
collected and reported in a consistent and standardized manner
by Air and Marine Operations, informed by situational aware-
ness.
(f) DATA TRANSPARENCY.—The Secretary shall—
(1) in accordance with applicable privacy laws, make data
related to apprehensions, inadmissible aliens, drug seizures,
and other enforcement actions available to the public, law en-
forcement communities, and academic research communities;
and
(2) provide the Office of Immigration Statistics of the De-
partment of Homeland Security with unfettered access to the
data referred to in paragraph (1).
(g) EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE
AND THE SECRETARY.—
(1) METRICS REPORT.—
(A) MANDATORY DISCLOSURES.—The Secretary shall
submit to the appropriate congressional committees and the
Comptroller General of the United States an annual report
containing the metrics required under this section and the
data and methodology used to develop such metrics.
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(B) PERMISSIBLE DISCLOSURES.—The Secretary, for the

purpose of validation and verification, may submit the an-
nual report described in subparagraph (A) to—

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(i) the Center for Borders, Trade, and Immigration

Research of the Centers of Excellence network of the
Department of Homeland Security;
(ii) the head of a national laboratory within the
Department of Homeland Security laboratory network
with prior expertise in border security; and
(iii) a Federally Funded Research and Develop-
ment Center.
(2) GAO REPORT.—Not later than 270 days after receiving
the first report under paragraph (1)(A) and biennially thereafter
for the following ten years with respect to every other such re-
port, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report that—
(A) analyzes the suitability and statistical validity of
the data and methodology contained in each such report;
and
(B) includes recommendations on—
(i) the feasibility of other suitable metrics that may
be used to measure the effectiveness of border security;
and
(ii) improvements that need to be made to the
metrics being used to measure the effectiveness of bor-
der security.
(3) STATE OF THE BORDER REPORT.—Not later than 60 days
after the end of each fiscal year through fiscal year 2026, the
Secretary shall submit to the appropriate congressional commit-
tees a ‘‘State of the Border’’ report that—
(A) provides trends for each metric under this section
for the last ten fiscal years, to the greatest extent possible;
(B) provides selected analysis into related aspects of il-
legal flow rates, including undocumented migrant flows
and stock estimation techniques;
(C) provides selected analysis into related aspects of
legal flow rates; and
(D) includes any other information that the Secretary
determines appropriate.
(4) METRICS UPDATE.—
(A) IN GENERAL.—After submitting the tenth report to
the Comptroller General under paragraph (1), the Secretary
may reevaluate and update any of the metrics developed in
accordance with this section to ensure that such metrics are
suitable to measure the effectiveness of border security.
(B) CONGRESSIONAL NOTIFICATION.—Not later than 30
days before updating the metrics pursuant to subparagraph
(A), the Secretary shall notify the appropriate congressional
committees of such updates.
SEC. 1093. PROGRAM TO COMMEMORATE THE 100TH ANNIVERSARY OF
THE TOMB OF THE UNKNOWN SOLDIER.
(a) COMMEMORATIVE PROGRAM.—
(1) IN GENERAL.—The Secretary of Defense shall conduct a
program to commemorate the 100th anniversary of the Tomb of
the Unknown Soldier. In conducting the commemorative pro-
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gram, the Secretary shall coordinate, support, and facilitate

other programs and activities of the Federal Government and
State and local governments.

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(2) WORK WITH NONGOVERNMENTAL ORGANIZATIONS.—In

conducting the commemorative program, the Secretary may
work with nongovernmental organizations working to support
the commemoration of the Tomb of the Unknown Soldier. No
public funds may be used to undertake activities sponsored by
such organizations.
(b) SCHEDULE.—The Secretary shall determine the schedule of
major events and priority of efforts for the commemorative program
in order to ensure achievement of the objectives specified in sub-
section (c).
(c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.—The com-
memorative program may include activities and ceremonies to
achieve the following objectives:
(1) To honor America’s commitment to never forget or for-
sake those who served and sacrificed for our Country, including
personnel who were held as prisoners of war or listed as miss-
ing in action, and to thank and honor the families of these vet-
erans.
(2) To highlight the service of the Armed Forces in times of
war or armed conflict and contributions of Federal agencies
and governmental and nongovernmental organizations that
served with, or in support of, the Armed Forces.
(3) To pay tribute to the contributions made on the home
front by the people of the United States in times of war or
armed conflict.
(4) To educate the American Public about service and sac-
rifice on behalf of the United States of America and the prin-
ciples that define and unite us.
(5) To recognize the contributions and sacrifices made by
the allies of the United States during times of war or armed
conflict.
(d) NAMES AND SYMBOLS.—The Secretary shall have the sole
and exclusive right to use the name ‘‘The United States of America
Tomb of the Unknown Soldier Commemoration’’, and such seal, em-
blems, and badges incorporating such name as the Secretary may
lawfully adopt. Nothing in this section may be construed to super-
sede rights that are established or vested before the date of the en-
actment of this Act.
(e) COMMEMORATION FUND.—
(1) IN GENERAL.—Upon the establishment of the commemo-
rative program under subsection (a), the Secretary of the Treas-
ury shall establish in the Treasury of the United States an ac-
count to be known as the ‘‘Tomb of the Unknown Soldier Com-
memoration Fund’’ (in this subsection referred to as the
‘‘Fund’’). The Fund shall be administered by the Secretary of
Defense.
(2) DEPOSITS.—There shall be deposited into the Fund the
following:
(A) Amounts appropriated to the Fund.
(B) Proceeds derived from the use by the Secretary of
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Defense of the exclusive rights described in subsection (d).

(C) Donations made in support of the commemorative
program by private and corporate donors.

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(D) Funds transferred to the Fund by the Secretary of

Defense from funds appropriated for fiscal year 2017 and
subsequent years for the Department of Defense.
(3) USE OF FUND.—The Secretary of Defense shall use the
assets of the Fund only for the purpose of conducting the com-
memorative program. The Secretary shall prescribe such regula-
tions regarding the use of the Fund as the Secretary considers
appropriate.
(4) AVAILABILITY.—Amounts deposited under paragraph (2)
shall constitute the assets of the Fund and remain available
until expended.
(5) BUDGET REQUEST.—The Secretary of Defense may estab-
lish a separate budget line for the commemorative program. In
the budget justification materials submitted by the Secretary in
support of the budget of the President for any fiscal year for
which the Secretary establishes the separate budget line (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code), the Secretary shall—
(A) identify and explain any amounts expended for the
commemorative program in the fiscal year preceding the
budget request;
(B) identify and explain the amounts being requested to
support the commemorative program for the fiscal year of
the budget request; and
(C) present a summary of the fiscal status of the Fund.
(f) ACCEPTANCE OF VOLUNTARY SERVICES.—
(1) AUTHORITY TO ACCEPT SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Secretary of De-
fense may accept from any person voluntary services to be pro-
vided in furtherance of the commemorative program. The Sec-
retary shall prohibit the solicitation of any voluntary services if
the nature or circumstances of such solicitation would com-
promise the integrity or the appearance of integrity of any pro-
gram of the Department of Defense or of any individual in-
volved in the program.
(2) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Sec-
retary may provide for reimbursement of incidental expenses in-
curred by a person providing voluntary services under this sub-
section. The Secretary shall determine which expenses are eligi-
ble for reimbursement under this paragraph.
(g) FINAL REPORT.—Not later than 60 days after the end of the
commemorative program, if established by the Secretary of Defense
under subsection (a), the Secretary shall submit to Congress a re-
port containing an accounting of the following:
(1) All of the funds deposited into and expended from the
Tomb of the Unknown Soldier Commemoration Fund.
(2) Any other funds expended under this section.
(3) Any unobligated funds remaining in the Fund.
SEC. 1094. SENSE OF CONGRESS REGARDING THE OCONUS BASING OF
THE KC–46A AIRCRAFT.
(a) FINDING.—Congress finds that the Department of Defense is
continuing its process of permanently stationing the KC–46A air-
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craft at installations in the Continental United States (in this sec-

tion referred to as ‘‘CONUS’’) and forward-basing outside the Conti-
nental United States (in this section referred to as ‘‘OCONUS’’).

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(b) SENSE OF CONGRESS.—It is the sense of Congress that the

Secretary of the Air Force, as part of the strategic basing process for
the KC–46A aircraft, should continue to place emphasis on and con-
sider the benefits derived from outside the continental United States
(OCONUS) locations that—
(1) support day-to-day air refueling operations, combatant
commander operations plans, and flexibility for contingency
ops, and have—
(A) a strategic location that is essential to the defense
of the United States and its interests;
(B) receivers for boom or probe-and-drogue training op-
portunities with joint and international partners; and
(C) sufficient airfield and airspace availability and ca-
pacity to meet requirements; and
(2) possess facilities that—
(A) take full advantage of existing infrastructure to
provide—
(i) runway, hangars, and aircrew and maintenance
operations; and
(ii) sufficient fuels receipt, storage, and distribu-
tion for 5-day peacetime operating stock; and
(B) minimize overall construction and operational
costs.
SEC. 1095. DESIGNATION OF A DEPARTMENT OF DEFENSE STRATEGIC
ARCTIC PORT.
(a) SENSE OF CONGRESS.—It is the sense of Congress that the
Arctic is a region of growing strategic importance to the national se-
curity interest of the United States and that the Department of De-
fense must better align its posture and capabilities to meet the grow-
ing array of challenges in the region.
(b) ARCTIC DEFINED.—In this section, the term ‘‘Arctic’’ has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Chairman of the Joint Chiefs of Staff, the Com-
manding General of the United States Army Corps of Engineers, the
Commandant of the Coast Guard, and the Administrator of the
Maritime Administration, shall submit to the congressional defense
committees a report containing an assessment of the future security
requirements for one or more strategic ports in the Arctic.
(d) CONTENTS OF REPORT.—Consistent with the updated mili-
tary strategy for the protection of United States national security in-
terests in the Arctic region set forth in the reports required under
section 1068 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 992), the report required
under subsection (c) shall include—
(1) the amount of sufficient and suitable space needed to
create capacity for port and other necessary infrastructure for
at least one of each of type of Navy or Coast Guard vessel, in-
cluding an Arleigh Burke class destroyer of the Navy, or a na-
tional security cutter or a heavy polar ice breaker of the Coast
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Guard;
(2) the amount of sufficient and suitable space needed to
create capacity for equipment and fuel storage, technological in-

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 444

frastructure, and civil infrastructure to support military and ci-

vilian operations, including—
(A) aerospace warning;
(B) maritime surface and subsurface warning;
(C) maritime control and defense;
(D) maritime domain awareness;
(E) homeland defense;
(F) defense support to civil authorities;
(G) humanitarian relief;
(H) search and rescue;
(I) disaster relief;
(J) oil spill response;
(K) medical stabilization and evacuation; and
(L) meteorological measurements and forecasting;
(3) an identification of proximity and road access to an air-
port designated as a commercial service airport by the Federal
Aviation Administration that is capable of supporting military
and civilian aircraft for operations designated in paragraph (2);
and
(4) a description of the requirements, to include infrastruc-
ture and installations, communications, and logistics necessary
to improve response effectiveness to support military and civil-
ian operations designated in paragraph (2).
(e) DESIGNATION OF STRATEGIC ARCTIC PORTS.—
(1) DESIGNATION CRITERIA AND RECOMMENDATIONS.—Upon
completion of the report required under subsection (c), the Sec-
retary of Defense, in consultation with the Chairman of the
Joint Chiefs of Staff, the Commanding General of the United
States Army Corps of Engineers, the Commandant of the Coast
Guard, the Administrator of the Maritime Administration,
shall—
(A) establish criteria for the designation of a port as a
‘‘Department of Defense Strategic Arctic Port’’; and
(B) if the report required under subsection (c) includes
a determination that one or more strategic Arctic ports are
necessary to fulfill future security requirements in the Arc-
tic, not later than 18 months after the date of the comple-
tion of the report, submit to the congressional defense com-
mittees recommendations for the designation of one or more
ports as Department of Defense Strategic Arctic Ports.
(2) COST ESTIMATES.—The recommendations submitted
under paragraph (1)(B) shall include the estimated cost of suffi-
cient construction necessary to initiate and sustain expected op-
erations at the ports designated as Department of Defense Stra-
tegic Arctic Ports.
(f) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to authorize any additional appropriations for the De-
partment of Defense for the establishment of any port recommended
pursuant to this section.
SEC. 1096. RECOVERY OF EXCESS RIFLES, AMMUNITION, AND PARTS
GRANTED TO FOREIGN COUNTRIES AND TRANSFER TO
CERTAIN PERSONS.
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(a) RECOVERY.—Subchapter II of chapter 407 of title 36, United

States Code, is amended by inserting after section 40728A the fol-
lowing new section:

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 445

‘‘§ 40728B. Recovery of excess rifles, ammunition, and parts

granted to foreign countries and transfer to certain
persons
‘‘(a) AUTHORITY TO RECOVER.—(1) Subject to paragraph (2) and
subsection (b), the Secretary of the Army may acquire from any per-
son any rifle, ammunition, repair parts, or other supplies described
in section 40731(a) of this title which were—
‘‘(A) provided to any country on a grant basis under the
conditions imposed by section 505 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2314) that became excess to the needs of such
country; and
‘‘(B) lawfully acquired by such person.
‘‘(2) The Secretary of the Army may not acquire anything under
paragraph (1) except for transfer to a person in the United States
under subsection (c).
‘‘(3) The Secretary of the Army may accept rifles, ammunition,
repair parts, or other supplies under paragraph (1) notwithstanding
section 1342 of title 31.
‘‘(b) COST OF RECOVERY.—The Secretary of the Army may not
acquire anything under subsection (a) if the United States would
incur any cost for such acquisition.
‘‘(c) AVAILABILITY FOR TRANSFER.—Any rifles, ammunition, re-
pair parts, or supplies acquired under subsection (a) shall be avail-
able for transfer in the United States to the person from whom ac-
quired if such person—
‘‘(1) is licensed as a manufacturer, importer, or dealer pur-
suant to section 923(a) of title 18; and
‘‘(2) uses an ammunition depot of the Army that is an eligi-
ble facility for receipt of any rifles, ammunition, repair parts,
or supplies under this paragraph.
‘‘(d) MARKET VALUE.—The Secretary of the Army may only
transfer an item under subsection (c) if the Secretary receives fair
market value for the item.
‘‘(e) CONTRACTS.—Notwithstanding subsection (k) of section
2304 of title 10, the Secretary may enter into such contracts or coop-
erative agreements on a sole source basis pursuant to paragraphs
(4) and (5) of subsection (c) of such section to carry out this section.
‘‘(f) AECA.—Transfers authorized under this section may only
be made in accordance with applicable provisions of the Arms Ex-
port Control Act (22 U.S.C. 2778).
‘‘(g) RIFLE DEFINED.—In this section, the term ‘rifle’ has the
meaning given such term in section 921 of title 18.’’.
(b) SALE.—Section 40732 of such title is amended—
(1) by adding at the end the following new subsection:
‘‘(d) SALES BY OTHER PERSONS.—A person who receives a rifle
or any ammunition, repair parts, or supplies under section
40728B(c) of this title may sell, at fair market value, such rifle, am-
munition, repair parts, or supplies. With respect to rifles other than
caliber .22 rimfire and caliber .30 rifles, the seller shall obtain a li-
cense as a dealer in rifles and abide by all requirements imposed
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on persons licensed under chapter 44 of title 18, including main-

taining acquisition and disposition records, and conducting back-
ground checks.’’; and

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 446

(2) in subsection (c)(1), by striking ‘‘The corporation may

not’’ and inserting ‘‘No person acquiring a firearm under this
chapter may’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 407 of such title is amended by inserting after the
item relating to section 40728A the following new item:
‘‘40728B. Recovery of excess rifles, ammunition, and parts granted to foreign coun-
tries and transfer to certain persons.’’.
(d) REPORT.—
(1) REPORT REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate and the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives a report on the acquisition and trans-
fer of excess rifles, ammunition, repair parts, and other supplies
described in section 40731(a) of title 36, United States Code,
that were provided to a country on a grant basis under the con-
ditions imposed by section 505 of the Foreign Assistance Act of
1961. The report shall include each of the following:
(A) A list of excess rifles, ammunition, repair parts,
and other supplies known to the United States Army as eli-
gible for transfer under section 40731(a) of title 36, United
States Code.
(B) An assessment of whether and how the Secretary of
the Army intends to use the authorities under section
40728B of title 36, United States Code, as added by this
section.
(C) Any other issue that the Secretary of the Army con-
siders appropriate.
(2) PROHIBITION ON TRANSFERS PENDING SUBMITTAL OF RE-
PORT.—No rifle, ammunition, repair part, or supplies acquired
under section 40728B(a) of title 36, United States Code, may be
transferred until the date that is 90 days after the date of the
submittal of the report required under paragraph (1).
TITLE XI—CIVILIAN PERSONNEL MATTERS
Subtitle A—Department of Defense Matters Generally
Sec. 1101. Civilian personnel management.
Sec. 1102. Repeal of requirement for annual strategic workforce plan for the Depart-
ment of Defense.
Sec. 1103. Training for employment personnel of Department of Defense on matters
relating to authorities for recruitment and retention at United States
Cyber Command.
Sec. 1104. Public-private talent exchange.
Sec. 1105. Temporary and term appointments in the competitive service in the De-
partment of Defense.
Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary
students and recent graduates.
Sec. 1107. Temporary increase in maximum amount of voluntary separation incen-
tive pay authorized for civilian employees of the Department of Defense.
Sec. 1108. Extension of rate of overtime pay for Department of the Navy employees
performing work aboard or dockside in support of the nuclear-powered
aircraft carrier forward deployed in Japan.
Sec. 1109. Limitation on number of DOD SES positions.
Sec. 1110. Direct hire authority for financial management experts in the Department
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of Defense workforce.
Sec. 1111. Repeal of certain basis for appointment of a retired member of the Armed
Forces to Department of Defense position within 180 days of retirement.

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Subtitle B—Department of Defense Science and Technology Laboratories and Related
Matters
Sec. 1121. Permanent personnel management authority for the Department of De-
fense for experts in science and engineering.
Sec. 1122. Codification and modification of certain authorities for certain positions
at Department of Defense research and engineering laboratories.
Sec. 1123. Modification to information technology personnel exchange program.
Sec. 1124. Pilot program on enhanced pay authority for certain research and tech-
nology positions in the science and technology reinvention laboratories
of the Department of Defense.
Sec. 1125. Temporary direct hire authority for domestic defense industrial base fa-
cilities, the Major Range and Test Facilities Base, and the Office of the
Director of Operational Test and Evaluation.
Subtitle C—Governmentwide Matters
Sec. 1131. Elimination of two-year eligibility limitation for noncompetitive appoint-
ment of spouses of members of the Armed Forces.
Sec. 1132. Temporary personnel flexibilities for domestic defense industrial base fa-
cilities and Major Range and Test Facilities Base civilian personnel.
Sec. 1133. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1134. Advance payments for employees relocating within the United States and
its territories.
Sec. 1135. Eligibility of employees in a time-limited appointment to compete for a
permanent appointment at any Federal agency.
Sec. 1136. Review of official personnel file of former Federal employees before rehir-
ing.
Sec. 1137. One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian employees
working overseas.
Sec. 1138. Administrative leave.
Sec. 1139. Direct hiring for Federal wage schedule employees.
Sec. 1140. Record of investigation of personnel action in separated employee’s offi-
cial personnel file.

Subtitle A—Department of Defense Matters Generally

SEC. 1101. CIVILIAN PERSONNEL MANAGEMENT.
(a) MODIFICATION OF MANAGEMENT LIMITATIONS.—Section 129
of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘solely’’;
(B) in the second sentence—
(i) by striking ‘‘The management of such personnel
in any fiscal year shall not be subject to any’’ and in-
serting ‘‘Any’’; and
(ii) by inserting before the period the following:
‘‘shall be developed on the basis of those factors and
shall be subject to adjustment solely for reasons of
changed circumstances’’; and
(C) in the third sentence, by striking ‘‘unless such re-
duction’’ and all that follows and inserting ‘‘except in ac-
cordance with the requirements of this section and section
129a of this title.’’;
(2) by striking subsections (b), (c), (e), and (f);
(3) by redesignating subsection (d) as subsection (b); and
(4) by adding at the end the following new subsection (c):
‘‘(c)(1) Not later than February 1 of each year—
‘‘(A) the Secretary of Defense shall submit to the congres-
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sional defense committees a report on the management of the ci-

vilian workforce of the Office of the Secretary of Defense and the
Defense Agencies and Field Activities; and

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‘‘(B) the Secretary of each military department shall submit

to the congressional defense committees a report on the manage-
ment of the civilian workforces under the jurisdiction of such
Secretary.
‘‘(2) Each report under paragraph (1) shall contain, with respect
to the civilian workforce under the jurisdiction of the official sub-
mitting the report, the following:
‘‘(A) An assessment of the projected size of such civilian
workforce in the current year and for each year in the future-
years defense program.
‘‘(B) If the projected size of such civilian workforce has
changed from the previous year’s projected size, an explanation
of the reasons for the increase or decrease from the previous
projection, including an explanation of any efforts that have
been taken to identify offsetting reductions and avoid unneces-
sary overall growth in the size of the civilian workforce.
‘‘(C) In the case of a transfer of functions between military,
civilian, and contractor workforces, an explanation of the rea-
sons for the transfer and the steps that have been taken to con-
trol the overall cost of the function to the Department.’’.
(b) CONFORMING AMENDMENTS.—
(1) SECTION HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 129. Civilian personnel management’’.
(2) CLERICAL AMENDMENT.—The item relating to such sec-
tion in the table of sections at the beginning of chapter 3 of such
title is amended to read as follows:
‘‘129. Civilian personnel management.’’.
SEC. 1102. REPEAL OF REQUIREMENT FOR ANNUAL STRATEGIC WORK-
FORCE PLAN FOR THE DEPARTMENT OF DEFENSE.
(a) REPEAL.—Section 115b of title 10, United States Code, is re-
pealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 2 of such title is amended by striking the item relat-
ing to section 115b.
SEC. 1103. TRAINING FOR EMPLOYMENT PERSONNEL OF DEPARTMENT
OF DEFENSE ON MATTERS RELATING TO AUTHORITIES
FOR RECRUITMENT AND RETENTION AT UNITED STATES
CYBER COMMAND.
(a) TRAINING REQUIRED.—Section 1599f of title 10, United
States Code, is amended—
(1) by redesignating subsections (f), (g), (h), (i), and (j) as
subsections (g), (h), (i), (j), and (k), respectively; and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) TRAINING.—(1) The Secretary shall provide training to cov-
ered personnel on hiring and pay matters relating to authorities
under this section.
‘‘(2) For purposes of this subsection, covered personnel are em-
ployees of the Department who—
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‘‘(A) carry out functions relating to—

‘‘(i) the management of human resources and the civil-
ian workforce of the Department; or

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 449

‘‘(ii) the writing of guidance for the implementation of

authorities regarding hiring and pay under this section; or
‘‘(B) are employed in supervisory positions or have respon-
sibilities relating to the hiring of individuals for positions in
the Department and to whom the Secretary intends to delegate
authority under this section.’’.
(b) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall sub-
mit to the appropriate committees of Congress (as defined in
section 1599f of title 10, United States Code) a report on the
training the Secretary intends to provide to each of the employ-
ees described in subsection (f)(2) of such section (as added by
subsection (a) of this section) and the frequency with which the
Secretary intends to provide such training.
(2) ONGOING REPORTS.—Subsection (h)(2)(E) of such sec-
tion, as redesignated by subsection (a)(1) of this section, is
amended by striking ‘‘supervisors of employees in qualified posi-
tions at the Department on the use of the new authorities’’ and
inserting ‘‘employees described in subsection (f)(2) on the use of
authorities under this section’’.
SEC. 1104. PUBLIC-PRIVATE TALENT EXCHANGE.
(a) AUTHORITY.—Chapter 81 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 1599g. Public-private talent exchange
‘‘(a) ASSIGNMENT AUTHORITY.—Under regulations prescribed by
the Secretary of Defense, the Secretary may, with the agreement of
a private-sector organization and the consent of the employee, ar-
range for the temporary assignment of an employee to such private-
sector organization, or from such private-sector organization to a
Department of Defense organization under this section.
‘‘(b) AGREEMENTS.—(1) The Secretary of Defense shall provide
for a written agreement among the Department of Defense, the pri-
vate-sector organization, and the employee concerned regarding the
terms and conditions of the employee’s assignment under this sec-
tion. The agreement—
‘‘(A) shall require that the employee of the Department of
Defense, upon completion of the assignment, will serve in the
Department of Defense, or elsewhere in the civil service if ap-
proved by the Secretary, for a period equal to twice the length
of the assignment;
‘‘(B) shall provide that if the employee of the Department of
Defense or of the private-sector organization (as the case may
be) fails to carry out the agreement, such employee shall be lia-
ble to the United States for payment of all expenses of the as-
signment, unless that failure was for good and sufficient rea-
son, as determined by the Secretary of Defense; and
‘‘(C) shall contain language ensuring that such employee of
the Department does not improperly use pre-decisional or draft
deliberative information that such employee may be privy to or
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aware of related to Department programing, budgeting,

resourcing, acquisition, or procurement for the benefit or advan-
tage of the private-sector organization.

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 450

‘‘(2) An amount for which an employee is liable under para-

graph (1) shall be treated as a debt due the United States.
‘‘(3) The Secretary may waive, in whole or in part, collection of
a debt described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not in
the best interests of the United States, after taking into account any
indication of fraud, misrepresentation, fault, or lack of good faith
on the part of the employee.
‘‘(c) TERMINATION.—An assignment under this section may, at
any time and for any reason, be terminated by the Department of
Defense or the private-sector organization concerned.
‘‘(d) DURATION.—(1) An assignment under this section shall be
for a period of not less than three months and not more than two
years, renewable up to a total of four years. No employee of the De-
partment of Defense may be assigned under this section for more
than a total of 4 years inclusive of all such assignments.
‘‘(2) An assignment under this section may be for a period in
excess of two years, but not more than four years, if the Secretary
determines that such assignment is necessary to meet critical mis-
sion or program requirements.
‘‘(e) STATUS OF FEDERAL EMPLOYEES ASSIGNED TO PRIVATE-
SECTOR ORGANIZATIONS.—(1) An employee of the Department of De-
fense who is assigned to a private-sector organization under this
section shall be considered, during the period of assignment, to be
on detail to a regular work assignment in the Department for all
purposes. The written agreement established under subsection (b)(1)
shall address the specific terms and conditions related to the em-
ployee’s continued status as a Federal employee.
‘‘(2) In establishing a temporary assignment of an employee of
the Department of Defense to a private-sector organization, the Sec-
retary of Defense shall—
‘‘(A) ensure that the normal duties and functions of such
employee can be reasonably performed by other employees of the
Department of Defense without the transfer or reassignment of
other personnel of the Department of Defense, including mem-
bers of the armed forces;
‘‘(B) ensure that the normal duties and functions of such
employees are not, as a result of and during the course of such
temporary assignment, performed or augmented by contractor
personnel in violation of the provisions of section 2461 of this
title; and
‘‘(C) certify that the temporary assignment of such employee
shall not have an adverse or negative impact on mission attain-
ment, warfighter support, or organizational capabilities associ-
ated with the assignment.
‘‘(f) TERMS AND CONDITIONS FOR PRIVATE-SECTOR EMPLOY-
EES.—An employee of a private-sector organization who is assigned
to a Department of Defense organization under this section—
‘‘(1) shall continue to receive pay and benefits from the pri-
vate-sector organization from which such employee is assigned
and shall not receive pay or benefits from the Department of De-
fense, except as provided in paragraph (2);
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‘‘(2) is deemed to be an employee of the Department of De-

fense for the purposes of—
‘‘(A) chapters 73 and 81 of title 5;

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 451

‘‘(B) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18;
‘‘(C) sections 1343, 1344, and 1349(b) of title 31;
‘‘(D) the Federal Tort Claims Act and any other Fed-
eral tort liability statute;
‘‘(E) the Ethics in Government Act of 1978; and
‘‘(F) chapter 21 of title 41;
‘‘(3) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to the
private-sector organization from which such employee is as-
signed;
‘‘(4) may perform work that is considered inherently govern-
mental in nature only when requested in writing by the Sec-
retary of Defense; and
‘‘(5) may not be used to circumvent the provision of section
2461 of this title nor to circumvent any limitation or restriction
on the size of the Department’s workforce.
‘‘(g) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE
FEDERAL GOVERNMENT.—A private-sector organization may not
charge the Department or any other agency of the Federal Govern-
ment, as direct or indirect costs under a Federal contract, the costs
of pay or benefits paid by the organization to an employee assigned
to a Department organization under this section for the period of the
assignment.
‘‘(h) CONSIDERATIONS.—In carrying out this section, the Sec-
retary of Defense—
‘‘(1) shall ensure that, of the assignments made under this
section each year, at least 20 percent are from small business
concerns (as defined by section 3703(e)(2)(A) of title 5);
‘‘(2) shall take into consideration the question of how as-
signments under this section might best be used to help meet
the needs of the Department of Defense with respect to the train-
ing of employees; and
‘‘(3) shall take into consideration, where applicable, areas
of particular private sector expertise, such as cybersecurity.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the end the
following new item:
‘‘1599g. Public-private talent exchange.’’.
SEC. 1105. TEMPORARY AND TERM APPOINTMENTS IN THE COMPETI-
TIVE SERVICE IN THE DEPARTMENT OF DEFENSE.
(a) APPOINTMENT.—
(1) IN GENERAL.—The Secretary of Defense may make a
temporary appointment or a term appointment in the Depart-
ment when the need for the services of an employee in the De-
partment is not permanent.
(2) EXTENSION.—The Secretary may extend a temporary ap-
pointment or a term appointment made under paragraph (1).
(b) APPOINTMENTS FOR CRITICAL HIRING NEEDS.—
(1) IN GENERAL.—If there is a critical hiring need, the Sec-
retary of Defense may make a noncompetitive temporary ap-
pointment or a noncompetitive term appointment in the Depart-
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ment of Defense, without regard to the requirements of sections

3327 and 3330 of title 5, United States Code, for a period that
is not more than 18 months.

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(2) NO EXTENSION AVAILABLE.—An appointment made

under paragraph (1) may not be extended.
(c) REGULATIONS.—The Secretary may prescribe regulations to
carry out this section.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘temporary appointment’’ means the appoint-
ment of an employee in the competitive service for a period that
is not more than one year.
(2) The term ‘‘term appointment’’ means the appointment of
an employee in the competitive service for a period that is more
than one year and not more than five years, unless the Sec-
retary of Defense, before the appointment of the employee, au-
thorizes a longer period.
SEC. 1106. DIRECT-HIRE AUTHORITY FOR THE DEPARTMENT OF DE-
FENSE FOR POST-SECONDARY STUDENTS AND RECENT
GRADUATES.
(a) HIRING AUTHORITY.—Without regard to sections 3309
through 3318, 3327, and 3330 of title 5, United States Code, the
Secretary of Defense may recruit and appoint qualified recent grad-
uates and current post-secondary students to competitive service po-
sitions in professional and administrative occupations within the
Department of Defense.
(b) LIMITATION ON APPOINTMENTS.—Subject to subsection (c)(2),
the total number of employees appointed by the Secretary under sub-
section (a) during a fiscal year may not exceed the number equal to
15 percent of the number of hires made into professional and ad-
ministrative occupations of the Department at the GS–11 level and
below (or equivalent) under competitive examining procedures dur-
ing the previous fiscal year.
(c) REGULATIONS.—
(1) IN GENERAL.—The Secretary shall administer this sec-
tion in accordance with regulations prescribed by the Secretary
for purposes of this section.
(2) LOWER LIMIT ON APPOINTMENTS.—The regulations may
establish a lower limit on the number of individuals
appointable under subsection (a) during a fiscal year than is
otherwise provided for under subsection (b), based on such fac-
tors as the Secretary considers appropriate.
(3) PUBLIC NOTICE AND ADVERTISING.—To the extent prac-
tical, as determined by the Secretary, the Secretary shall pub-
licly advertise positions available under this section. In car-
rying out the preceding sentence, the Secretary shall—
(A) take into account merit system principles, mission
requirements, costs, and organizational benefits of any ad-
vertising of positions; and
(B) advertise such positions in the manner the Sec-
retary determines is most likely to provide diverse and
qualified candidates and ensure potential applicants have
appropriate information relevant to the positions available.
(d) SUNSET.—The authority provided under this section shall
terminate on September 30, 2021.
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(e) DEFINITIONS.—In this section:

(1) The term ‘‘current post-secondary student’’ means a per-
son who—

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 453

(A) is currently enrolled in, and in good academic

standing at, a full-time program at an institution of higher
education;
(B) is making satisfactory progress toward receipt of a
baccalaureate or graduate degree; and
(C) has completed at least one year of the program.
(2) The term ‘‘institution of higher education’’ has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(3) The term ‘‘recent graduate’’, with respect to appointment
of a person under this section, means a person who was award-
ed a degree by an institution of higher education not more than
two years before the date of the appointment of such person, ex-
cept that in the case of a person who has completed a period
of obligated service in a uniformed service of more than four
years, such term means a person who was awarded a degree by
an institution of higher education not more than four years be-
fore the date of the appointment of such person.
SEC. 1107. TEMPORARY INCREASE IN MAXIMUM AMOUNT OF VOL-
UNTARY SEPARATION INCENTIVE PAY AUTHORIZED FOR
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
During the period beginning on the date of enactment of this
Act and ending on September 30, 2018, section 9902(f)(5)(A)(ii) of
title 5, United States Code, shall be applied by substituting ‘‘an
amount determined by the Secretary, not to exceed $40,000’’ for
‘‘$25,000’’.
SEC. 1108. EXTENSION OF RATE OF OVERTIME PAY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD
OR DOCKSIDE IN SUPPORT OF THE NUCLEAR-POWERED
AIRCRAFT CARRIER FORWARD DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is amended
by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30,
2018’’.
SEC. 1109. LIMITATION ON NUMBER OF DOD SES POSITIONS.
(a) LIMITATION ON NUMBER OF DOD SES POSITIONS.—
(1) IN GENERAL.—Not later than December 31, 2022, the
total number of Senior Executive Service positions authorized
under section 3133 of title 5, United States Code, for the De-
partment of Defense may not exceed 1,260.
(2) HIGHLY QUALIFIED EXPERTS.—Of the total number of po-
sitions authorized under paragraph (1), not more than 200 of
such positions may be occupied by an individual appointed
under the authority provided in section 9903 of such title.
(b) PLAN TO ACHIEVE REQUIRED LIMITATION.—
(1) IN GENERAL.—The Secretary of Defense shall develop a
plan to achieve the limitation required by subsection (a) that in-
cludes—
(A) the distribution of Senior Executive Service posi-
tions across the Office of the Secretary of Defense, the Joint
Staff, the Military Departments, the Defense Agencies and
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Field Activities, the unified and specified combatant com-

mands, and other key elements of the Department of De-
fense;

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 454

(B) the by-year reductions to Senior Executive Service

positions consistent with the distribution required under
subparagraph (A); and
(C) recommendations for any legislative action that
may be necessary for personnel management and shaping
authorities to achieve the required limitation.
(2) SUBMISSION OF PLAN.—Not less than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth the plan de-
veloped under paragraph (1).
(3) PROGRESS REPORTS.—The Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives semi-annual progress report brief-
ings describing and assessing the progress of the Secretary in
implementing the plan developed under paragraph (1).
(c) CONFORMING AMENDMENT.—Section 3133(c) of title 5,
United States Code, is amended by adding at the end the following
new sentence: ‘‘Beginning in 2023, the number of such positions au-
thorized under the preceding sentence for the Department of Defense
may not exceed the limitation provided in section 1109 of the Na-
tional Defense Authorization Act for Fiscal Year 2017.’’.
(d) DEFINITION OF SENIOR EXECUTIVE SERVICE POSITION.—In
this section, the term ‘‘Senior Executive Service position’’ has the
meaning given such term in section 3132(a)(2) of title 5, United
States Code.
SEC. 1110. DIRECT HIRE AUTHORITY FOR FINANCIAL MANAGEMENT
EXPERTS IN THE DEPARTMENT OF DEFENSE WORKFORCE.
(a) AUTHORITY.—Each Secretary concerned may appoint quali-
fied candidates possessing a finance, accounting, management, or
actuarial science degree, or a related degree or equivalent experi-
ence, to positions specified in subsection (c) for the Defense Agencies
or the applicable military department without regard to the provi-
sions of subchapter I of chapter 33 of title 5, United States Code.
(b) SECRETARY CONCERNED.—For purposes of this section, the
Secretary concerned is as follows:
(1) The Secretary of Defense with respect to the Defense
Agencies.
(2) The Secretary of a military department with respect to
such military department.
(c) POSITIONS.—The positions specified in this subsection are
the positions within the Department of Defense workforce as follows:
(1) Financial management positions.
(2) Accounting positions.
(3) Auditing positions.
(4) Actuarial positions.
(5) Cost estimation positions.
(6) Operational research positions.
(7) Business and business administration positions.
(d) LIMITATION.—Authority under this section may not, in any
calendar year and with respect to any Defense Agency or military
department, be exercised with respect to a number of candidates
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greater than the number equal to 10 percent of the total number of

the financial management, accounting, auditing, and actuarial po-
sitions within the financial management workforce of such Defense

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 455

Agency or military department that are filled as of the close of the

fiscal year last ending before the start of such calendar year.
(e) NATURE OF APPOINTMENT.—Any appointment under this
section shall be treated as an appointment on a full-time equivalent
basis, unless such appointment is made on a term or temporary
basis.
(f) EMPLOYEE DEFINED.—In this section, the term ‘‘employee’’
has the meaning given that term in section 2105 of title 5, United
States Code.
(g) TERMINATION.—The authority to make appointments under
this section shall not be available after December 31, 2022.
SEC. 1111. REPEAL OF CERTAIN BASIS FOR APPOINTMENT OF A RE-
TIRED MEMBER OF THE ARMED FORCES TO DEPARTMENT
OF DEFENSE POSITION WITHIN 180 DAYS OF RETIREMENT.
Section 3326(b) of title 5, United States Code, is amended—
(1) in paragraph (1), by adding ‘‘or’’ at the end;
(2) in paragraph (2), by striking ‘‘; or’’ and inserting a pe-
riod; and
(3) by striking paragraph (3).
Subtitle B—Department of Defense Science and Technology
Laboratories and Related Matters
SEC. 1121. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR
THE DEPARTMENT OF DEFENSE FOR EXPERTS IN
SCIENCE AND ENGINEERING.
(a) PERMANENT PERSONNEL MANAGEMENT AUTHORITY.—
(1) IN GENERAL.—Chapter 81 of title 10, United States
Code, as amended by section 1104 of this Act, is further amend-
ed by adding at the end the following new section:
‘‘§ 1599h. Personnel management authority to attract experts
in science and engineering
‘‘(a) PROGRAMS AUTHORIZED.—
‘‘(1) LABORATORIES OF THE MILITARY DEPARTMENTS.—The
Secretary of Defense may carry out a program of personnel
management authority provided in subsection (b) in order to fa-
cilitate recruitment of eminent experts in science or engineering
for such laboratories of the military departments as the Sec-
retary shall designate for purposes of the program for research
and development projects of such laboratories.
‘‘(2) DARPA.—The Director of the Defense Advanced Re-
search Projects Agency may carry out a program of personnel
management authority provided in subsection (b) in order to fa-
cilitate recruitment of eminent experts in science or engineering
for research and development projects and to enhance the ad-
ministration and management of the Agency.
‘‘(3) DOTE.—The Director of the Office of Operational Test
and Evaluation may carry out a program of personnel manage-
ment authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering to sup-
port operational test and evaluation missions of the Office.
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‘‘(b) PERSONNEL MANAGEMENT AUTHORITY.—Under a program

under subsection (a), the official responsible for administration of
the program may—

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 456

‘‘(1) without regard to any provision of title 5 governing the

appointment of employees in the civil service—
‘‘(A) in the case of the laboratories of the military de-
partments designated pursuant to subsection (a)(1), appoint
scientists and engineers to a total of not more than 40 sci-
entific and engineering positions in such laboratories;
‘‘(B) in the case of the Defense Advanced Research
Projects Agency, appoint individuals to a total of not more
than 100 positions in the Agency, of which not more than
5 such positions may be positions of administration or
management of the Agency; and
‘‘(C) in the case of the Office of Operational Test and
Evaluation, appoint scientists and engineers to a total of
not more than 10 scientific and engineering positions in the
Office;
‘‘(2) notwithstanding any provision of title 5 governing the
rates of pay or classification of employees in the executive
branch, prescribe the rates of basic pay for positions to which
employees are appointed under paragraph (1)—
‘‘(A) in the case of employees appointed pursuant to
paragraph (1)(B) to any of 5 positions designated by the Di-
rector of the Defense Advanced Research Projects Agency for
purposes of this subparagraph, at rates not in excess of a
rate equal to 150 percent of the maximum rate of basic pay
authorized for positions at Level I of the Executive Schedule
under section 5312 of title 5; and
‘‘(B) in the case of any other employee appointed pursu-
ant to paragraph (1), at rates not in excess of the maximum
rate of basic pay authorized for senior-level positions under
section 5376 of title 5; and
‘‘(3) pay any employee appointed under paragraph (1), other
than an employee appointed to a position designated as de-
scribed in paragraph (2)(A), payments in addition to basic pay
within the limit applicable to the employee under subsection (d).
‘‘(c) LIMITATION ON TERM OF APPOINTMENT.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the
service of an employee under an appointment under subsection
(b)(1) may not exceed four years.
‘‘(2) EXTENSION.—The official responsible for the adminis-
tration of a program under subsection (a) may, in the case of
a particular employee under the program, extend the period to
which service is limited under paragraph (1) by up to two years
if the official determines that such action is necessary to pro-
mote the efficiency of a laboratory of a military department, the
Defense Advanced Research Projects Agency, or the Office of
Operational Test and Evaluation, as applicable.
‘‘(d) MAXIMUM AMOUNT OF ADDITIONAL PAYMENTS PAYABLE.—
Notwithstanding any other provision of this section or section 5307
of title 5, no additional payments may be paid to an employee under
subsection (b)(3) in any calendar year if, or to the extent that, the
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employee’s total annual compensation in such calendar year will ex-

ceed the maximum amount of total annual compensation payable at
the salary set in accordance with section 104 of title 3.’’.

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 457

(2) CLERICAL AMENDMENT.—The table of sections at the be-

ginning of chapter 81 of such title, as so amended, is further
amended by adding at the end the following new item:
‘‘1599h. Personnel management authority to attract experts in science and engineer-
ing.’’.
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 5 U.S.C. 3104 note) is repealed.
(c) APPLICABILITY OF PERSONNEL MANAGEMENT AUTHORITY TO
PERSONNEL CURRENTLY EMPLOYED UNDER SUPERSEDED AUTHOR-
ITY.—
(1) IN GENERAL.—Any individual employed as of the date
of the enactment of this Act under section 1101(b)(1) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note) (as in effect on the day before
such date) shall remain employed under section 1599h of title
10, United States Code (as added by subsection (a)), after such
date in accordance with such section 1599h and the applicable
program carried out under such section 1599h.
(2) DATE OF APPOINTMENT.—For purposes of subsection (c)
of section 1599h of title 10, United States Code (as so added),
the date of the appointment of any employee who remains em-
ployed as described in paragraph (1) shall be the date of the ap-
pointment of such employee under section 1101(b)(1) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (5 U.S.C. 3104 note) (as so in effect).
SEC. 1122. CODIFICATION AND MODIFICATION OF CERTAIN AUTHORI-
TIES FOR CERTAIN POSITIONS AT DEPARTMENT OF DE-
FENSE RESEARCH AND ENGINEERING LABORATORIES.
(a) CODIFICATION.—
(1) IN GENERAL.—Chapter 139 of title 10, United States
Code, is amended by inserting after section 2358 the following
new section:
‘‘§ 2358a. Authorities for certain positions at science and
technology reinvention laboratories
‘‘(a) AUTHORITY TO MAKE DIRECT APPOINTMENTS.—
‘‘(1) CANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI-
TIONS AT SCIENCE AND TECHNOLOGY REINVENTION LABORA-
TORIES.—The director of any Science and Technology Reinven-
tion Laboratory (hereinafter in this section referred to as an
‘STRL’) may appoint qualified candidates possessing a bach-
elor’s degree to positions described in paragraph (1) of sub-
section (b) as an employee in a laboratory described in that
paragraph without regard to the provisions of subchapter I of
chapter 33 of title 5 (other than sections 3303 and 3328 of such
title).
‘‘(2) VETERAN CANDIDATES FOR SIMILAR POSITIONS AT RE-
SEARCH AND ENGINEERING FACILITIES.—The director of any
STRL may appoint qualified veteran candidates to positions de-
scribed in paragraph (2) of subsection (b) as an employee at a
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laboratory, agency, or organization specified in that paragraph

without regard to the provisions of subchapter I of chapter 33
of title 5.

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 458

‘‘(3) STUDENTS ENROLLED IN SCIENTIFIC AND ENGINEERING

PROGRAMS.—The director of any STRL may appoint qualified
candidates enrolled in a program of undergraduate or graduate
instruction leading to a bachelor’s or an advanced degree in a
scientific, technical, engineering or mathematical course of
study at an institution of higher education (as that term is de-
fined in sections 101 and 102 of the Higher Education Act of
1965 (20 U.S.C. 1001, 1002)) to positions described in para-
graph (3) of subsection (b) as an employee in a laboratory de-
scribed in that paragraph without regard to the provisions of
subchapter I of chapter 33 of title 5 (other than sections 3303
and 3328 of such title).
‘‘(4) NONCOMPETITIVE CONVERSION TO PERMANENT APPOINT-
MENT.—With respect to any student appointed by the director of
an STRL under paragraph (3) to a temporary or term appoint-
ment, upon graduation from the applicable institution of higher
education (as defined in such paragraph), the director may non-
competitively convert such student to a permanent appointment
within the STRL without regard to the provisions of subchapter
I of chapter 33 of title 5 (other than sections 3303 and 3328 of
such title), provided the student meets all eligibility and Office
of Personnel Management qualification requirements for the po-
sition.
‘‘(b) COVERED POSITIONS.—
‘‘(1) CANDIDATES FOR SCIENTIFIC AND ENGINEERING POSI-
TIONS.—The positions described in this paragraph are scientific
and engineering positions that may be temporary, term, or per-
manent in any laboratory designated by section 1105(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84; 10 U.S.C. 2358 note) as a Department of De-
fense science and technology reinvention laboratory.
‘‘(2) QUALIFIED VETERAN CANDIDATES.—The positions de-
scribed in this paragraph are scientific, technical, engineering,
and mathematics positions, including technicians, in the fol-
lowing:
‘‘(A) Any laboratory referred to in paragraph (1).
‘‘(B) Any other Department of Defense research and en-
gineering agency or organization designated by the Sec-
retary for purposes of subsection (a)(2).
‘‘(3) CANDIDATES ENROLLED IN SCIENTIFIC AND ENGINEER-
ING PROGRAMS.—The positions described in this paragraph are
scientific and engineering positions that may be temporary or
term in any laboratory designated by section 1105(a) of the Na-
tional Defense Authorization Act for Fiscal Year 2010 (Public
Law 111–84; 10 U.S.C. 2358 note) as a Department of Defense
science and technology reinvention laboratory.
‘‘(c) LIMITATION ON NUMBER OF APPOINTMENTS ALLOWABLE IN
A CALENDAR YEAR.—The authority under subsection (a) may not, in
any calendar year and with respect to any laboratory, agency, or or-
ganization described in subsection (b), be exercised with respect to
a number of candidates greater than the following:
‘‘(1) In the case of a laboratory described in subsection
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(b)(1), with respect to appointment authority under subsection

(a)(1), the number equal to 6 percent of the total number of sci-
entific and engineering positions in such laboratory that are

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 459

filled as of the close of the fiscal year last ending before the
start of such calendar year.
‘‘(2) In the case of a laboratory, agency, or organization de-
scribed in subsection (b)(2), with respect to appointment author-
ity under subsection (a)(2), the number equal to 3 percent of the
total number of scientific, technical, engineering, mathematics,
and technician positions in such laboratory, agency, or organi-
zation that are filled as of the close of the fiscal year last ending
before the start of such calendar year.
‘‘(3) In the case of a laboratory described in subsection
(b)(3), with respect to appointment authority under subsection
(a)(3), the number equal to 10 percent of the total number of sci-
entific and engineering positions in such laboratory that are
filled as of the close of the fiscal year last ending before the
start of such calendar year.
‘‘(d) SENIOR SCIENTIFIC TECHNICAL MANAGERS.—
‘‘(1) ESTABLISHMENT.—There is hereby established in each
STRL a category of senior professional scientific and technical
positions, the incumbents of which shall be designated as ‘sen-
ior scientific technical managers’ and which shall be positions
classified above GS–15 of the General Schedule, notwith-
standing section 5108(a) of title 5. The primary functions of
such positions shall be—
‘‘(A) to engage in research and development in the
physical, biological, medical, or engineering sciences, or an-
other field closely related to the mission of such STRL; and
‘‘(B) to carry out technical supervisory responsibilities.
‘‘(2) APPOINTMENTS.—The positions described in paragraph
(1) may be filled, and shall be managed, by the director of the
STRL involved, under criteria established pursuant to section
342(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103–337; 10 U.S.C. 2358 note), relating to
personnel demonstration projects at laboratories of the Depart-
ment of Defense, except that the director of the laboratory in-
volved shall determine the number of such positions at such
laboratory, not to exceed 2 percent of the number of scientists
and engineers employed at such laboratory as of the close of the
last fiscal year before the fiscal year in which any appointments
subject to that numerical limitation are made.
‘‘(e) EXCLUSION FROM PERSONNEL LIMITATIONS.—
‘‘(1) IN GENERAL.—The director of an STRL shall manage
the workforce strength, structure, positions, and compensation
of such STRL—
‘‘(A) without regard to any limitation on appointments,
positions, or funding with respect to such STRL, subject to
subparagraph (B); and
‘‘(B) in a manner consistent with the budget available
with respect to such STRL.
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not apply to Senior
Executive Service positions (as defined in section 3132(a) of title
5) or scientific and professional positions authorized under sec-
tion 3104 of such title.
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‘‘(f) DEFINITIONS.—In this section:

‘‘(1) The term ‘employee’ has the meaning given that term
in section 2105 of title 5.

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‘‘(2) The term ‘veteran’ has the meaning given that term in
section 101 of title 38.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 139 of such title is amended by inserting
after the item relating to section 2358 the following new item:
‘‘2358a. Authorities for certain positions at science and technology reinvention labora-
tories.’’.
(b) REPEAL OF SUPERSEDED SECTION.—Section 1107 of the Na-
tional Defense Authorization Act for Fiscal Year 2014 (10 U.S.C.
2358 note) is hereby repealed.
SEC. 1123. MODIFICATION TO INFORMATION TECHNOLOGY PER-
SONNEL EXCHANGE PROGRAM.
Section 1110 of the National Defense Authorization Act for Fis-
cal Year 2010 (Public Law 111–84; 5 U.S.C. 3702 note) is amend-
ed—
(1) in the section heading, by inserting ‘‘CYBER AND’’ before
‘‘INFORMATION’’.
(2) in subsections (a)(1)(A), (a)(1)(C), and (g)(2), by insert-
ing ‘‘cyber operations or’’ before ‘‘information’’;
(3) in subsection (d), by striking ‘‘2018’’ and inserting
‘‘2022’’;
(4) in subsection (g)(1), by inserting ‘‘to or’’ before ‘‘from’’;
and
(5) in subsection (h), by striking ‘‘10’’ and inserting ‘‘50’’.
SEC. 1124. PILOT PROGRAM ON ENHANCED PAY AUTHORITY FOR CER-
TAIN RESEARCH AND TECHNOLOGY POSITIONS IN THE
SCIENCE AND TECHNOLOGY REINVENTION LABORA-
TORIES OF THE DEPARTMENT OF DEFENSE.
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense
may carry out a pilot program to assess the feasibility and advis-
ability of using the pay authority specified in subsection (d) to fix
the rate of basic pay for positions described in subsection (c) in
order to assist the military departments in attracting and retaining
high quality acquisition and technology experts in positions respon-
sible for managing and performing complex, high-cost research and
technology development efforts in the science and technology re-
invention laboratories of the Department of Defense.
(b) APPROVAL REQUIRED.—The pilot program may be carried
out in a military department only with the approval of the Service
Acquisition Executive of the military department concerned.
(c) POSITIONS.—The positions described in this subsection are
positions in the science and technology reinvention laboratories of
the Department of Defense that—
(1) require expertise of an extremely high level in a sci-
entific, technical, professional, or acquisition management field;
and
(2) are critical to the successful accomplishment of an im-
portant research or technology development mission.
(d) RATE OF BASIC PAY.—The pay authority specified in this
subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at
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a rate not to exceed 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Service Acquisition Executive concerned.

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(2) Authority to fix the rate of basic pay for a position at

a rate in excess of 150 percent of the rate of basic pay payable
for level I of the Executive Schedule, upon the approval of the
Secretary of the military department concerned.
(e) LIMITATIONS.—
(1) IN GENERAL.—The authority in subsection (a) may be
used only to the extent necessary to competitively recruit or re-
tain individuals exceptionally well qualified for positions de-
scribed in subsection (c).
(2) NUMBER OF POSITIONS.—The authority in subsection (a)
may not be used with respect to more than five positions in each
military department at any one time.
(3) TERM OF POSITIONS.—The authority in subsection (a)
may be used only for positions having a term of less than five
years.
(f) TERMINATION.—
(1) IN GENERAL.—The authority to fix rates of basic pay for
a position under this section shall terminate on October 1,
2021.
(2) CONTINUATION OF PAY.—Nothing in paragraph (1) shall
be construed to prohibit the payment after October 1, 2021, of
basic pay at rates fixed under this section before that date for
positions having terms that continue after that date.
(g) SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF
THE DEPARTMENT OF DEFENSE DEFINED.—In this section, the term
‘‘science and technology reinvention laboratories of the Department
of Defense’’ means the laboratories designated as science and tech-
nology reinvention laboratories by section 1105(a) of the National
Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358
note).
SEC. 1125. TEMPORARY DIRECT HIRE AUTHORITY FOR DOMESTIC DE-
FENSE INDUSTRIAL BASE FACILITIES, THE MAJOR RANGE
AND TEST FACILITIES BASE, AND THE OFFICE OF THE DI-
RECTOR OF OPERATIONAL TEST AND EVALUATION.
(a) DEFENSE INDUSTRIAL BASE FACILITY AND MRTFB.—During
fiscal years 2017 and 2018, the Secretary of Defense may appoint,
without regard to the provisions of subchapter I of chapter 33 of
title 5, United States Code, other than sections 3303 and 3328 of
such title, qualified candidates to positions in the competitive serv-
ice at any defense industrial base facility or the Major Range and
Test Facilities Base.
(b) OFFICE OF THE DIRECTOR OF OPERATIONAL TEST AND EVAL-
UATION.—During fiscal years 2017 through 2021, the Secretary of
Defense may, acting through the Director of Operational Test and
Evaluation, appoint qualified candidates possessing an advanced
degree to scientific and engineering positions within the Office of the
Director of Operational Test and Evaluation without regard to the
provisions of subchapter I of chapter 33 of title 5, United States
Code, other than sections 3303 and 3328 of such title.
(c) DEFINITION OF DEFENSE INDUSTRIAL BASE FACILITY.—In
this section, the term ‘‘defense industrial base facility’’ means any
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Department of Defense depot, arsenal, or shipyard located within

the United States.

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Subtitle C—Governmentwide Matters

SEC. 1131. ELIMINATION OF TWO-YEAR ELIGIBILITY LIMITATION FOR
NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MEM-
BERS OF THE ARMED FORCES.
Section 3330d(c) of title 5, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(3) NO TIME LIMITATION ON APPOINTMENT.—A relocating
spouse of a member of the Armed Forces remains eligible for
noncompetitive appointment under this section for the duration
of the spouse’s relocation to the permanent duty station of the
member.’’.
SEC. 1132. TEMPORARY PERSONNEL FLEXIBILITIES FOR DOMESTIC
DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR
RANGE AND TEST FACILITIES BASE CIVILIAN PERSONNEL.
(a) IN GENERAL.—Notwithstanding chapter 33 of title 5, United
States Code, or any other provision of law relating to the examina-
tion, certification, and appointment of individuals in the competitive
service, during fiscal years 2017 and 2018, an employee of a defense
industrial base facility or the Major Range and Test Facilities Base
serving under a time-limited appointment in the competitive service
is eligible to compete for a permanent appointment in the competi-
tive service at (A) any such facility, Base, or any other component
of the Department of Defense when such facility, Base, or component
(as the case may be) is accepting applications from individuals
within the facility, Base, or component’s workforce under merit pro-
motion procedures, or (B) any agency when the agency is accepting
applications from individuals outside its own workforce under merit
promotion procedures of the applicable agency, if—
(1) the employee was appointed initially under open, com-
petitive examination under subchapter I of chapter 33 of such
title to the time-limited appointment;
(2) the employee has served under 1 or more time-limited
appointments by a defense industrial base facility or the Major
Range and Test Facilities Base for a period or periods totaling
more than 24 months without a break of 2 or more years; and
(3) the employee’s performance has been at an acceptable
level of performance throughout the period or periods (as the
case may be) referred to in paragraph (2).
(b) WAIVER OF AGE REQUIREMENT.—In determining the eligi-
bility of a time-limited employee under this section to be examined
for or appointed in the competitive service, the Office of Personnel
Management or other examining agency shall waive requirements
as to age, unless the requirement is essential to the performance of
the duties of the position.
(c) STATUS.—An individual appointed under this section—
(1) becomes a career-conditional employee, unless the em-
ployee has otherwise completed the service requirements for ca-
reer tenure; and
(2) acquires competitive status upon appointment.
(d) FORMER EMPLOYEES.—A former employee of a defense in-
dustrial base facility or the Major Range and Test Facilities Base
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who served under a time-limited appointment and who otherwise

meets the requirements of this section shall be deemed a time-lim-
ited employee for purposes of this section if—

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 463

(1) such employee applies for a position covered by this sec-

tion within the period of 2 years after the most recent date of
separation; and
(2) such employee’s most recent separation was for reasons
other than misconduct or performance.
(e) BENEFITS.—Any employee of a defense industrial base facil-
ity or the Major Range and Test Facilities Base serving under a
time-limited appointment in the competitive service shall be pro-
vided with benefits that are comparable to the benefits provided to
similar employees not serving under time-limited appointments at
the defense industrial base facility or the Major Range and Test Fa-
cilities Base concerned, including professional development opportu-
nities, eligibility for awards programs, and designation as status
applicants for purposes of eligibility for positions in the civil service.
(f) DEFINITION OF DEFENSE INDUSTRIAL BASE FACILITY.—In
this section, the term ‘‘defense industrial base facility’’ means any
Department of Defense depot, arsenal, or shipyard located within
the United States.
SEC. 1133. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO CI-
VILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),
as added by section 1102 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4616) and as most recently amended by section 1102 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 1022), is further amended by striking ‘‘2017’’
and inserting ‘‘2018’’.
SEC. 1134. ADVANCE PAYMENTS FOR EMPLOYEES RELOCATING WITHIN
THE UNITED STATES AND ITS TERRITORIES.
(a) IN GENERAL.—Subsection (a) of section 5524a of title 5,
United States Code, is amended—
(1) by striking ‘‘(a) The head’’ and inserting ‘‘(a)(1) The
head’’; and
(2) by adding at the end the following:
‘‘(2) The head of each agency may provide for the advance
payment of basic pay, covering not more than 4 pay periods, to
an employee who is assigned to a position in the agency that
is located—
‘‘(A) outside of the employee’s commuting area; and
‘‘(B) in the United States, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
or any territory or possession of the United States.’’.
(b) CONFORMING AMENDMENTS.—Subsection (b) of such section
is amended—
(1) in paragraph (1), by inserting ‘‘or assigned’’ after ‘‘ap-
pointed’’; and
(2) in paragraph (2)(B)—
(A) by inserting ‘‘or assignment’’ after ‘‘appointment’’;
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and
(B) by inserting ‘‘or assigned’’ after ‘‘appointed’’.
(c) CLERICAL AMENDMENTS.—

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(1) SECTION HEADING.—The heading of such section is

amended by inserting ‘‘and employees relocating within the
United States and its territories’’ after ‘‘appointees’’.
(2) TABLE OF SECTIONS.—The item relating to such section
in the table of sections of chapter 55 of such title is amended
to read as follows:
‘‘5524a. Advance payments for new appointees and employees relocating within the
United States and its territories.’’.
SEC. 1135. ELIGIBILITY OF EMPLOYEES IN A TIME-LIMITED APPOINT-
MENT TO COMPETE FOR A PERMANENT APPOINTMENT AT
ANY FEDERAL AGENCY.
Section 9602 of title 5, United States Code, is amended—
(1) in subsection (a) by striking ‘‘any land management
agency or any other agency (as defined in section 101 of title 31)
under the internal merit promotion procedures of the applicable
agency’’ and inserting ‘‘such land management agency when
such agency is accepting applications from individuals within
the agency’s workforce under merit promotion procedures, or
any agency, including a land management agency, when the
agency is accepting applications from individuals outside its
own workforce under the merit promotion procedures of the ap-
plicable agency’’; and
(2) in subsection (d) by inserting ‘‘of the agency from which
the former employee was most recently separated’’ after ‘‘deemed
a time-limited employee’’.
SEC. 1136. REVIEW OF OFFICIAL PERSONNEL FILE OF FORMER FED-
ERAL EMPLOYEES BEFORE REHIRING.
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United
States Code, is amended by adding at the end the following:
‘‘§ 3330e. Review of official personnel file of former Federal
employees before rehiring
‘‘(a) If a former Government employee is a candidate for a posi-
tion within the competitive service or the excepted service, prior to
making any determination with respect to the appointment or rein-
statement of such employee to such position, the appointing author-
ity shall review and consider merit-based information relating to
such employee’s former period or periods of service such as official
personnel actions, employee performance ratings, and disciplinary
actions, if any, in such employee’s official personnel record file.
‘‘(b) In subsection (a), the term ‘former Government employee’
means an individual whose most recent position with the Govern-
ment prior to becoming a candidate as described under subsection
(a) was within the competitive service or the excepted service.
‘‘(c) The Office of Personnel Management shall prescribe regula-
tions to carry out the purpose of this section. Such regulations may
not contain provisions that would increase the time required for
agency hiring actions.’’.
(b) APPLICATION.—The amendment made by subsection (a) shall
apply to any former Government employee (as described in section
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3330e of title 5, United States Code, as added by such subsection)

appointed or reinstated on or after the date that is 180 days after
the date of enactment of this Act.

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 465

(c) CLERICAL AMENDMENT.—The table of sections of subchapter

I of chapter 33 of title 5, United States Code, is amended by adding
at the end the following:
‘‘3330e. Review of official personnel file of former Federal employees before rehiring.’’.
SEC. 1137. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITA-
TION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORK-
ING OVERSEAS.
Section 1101(a) of the Duncan Hunter National Defense Author-
ization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.
4615), as most recently amended by section 1108 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1027), is further amended by striking ‘‘through 2016’’ and
inserting ‘‘through 2017’’.
SEC. 1138. ADMINISTRATIVE LEAVE.
(a) SHORT TITLE.—This section may be cited as the ‘‘Adminis-
trative Leave Act of 2016’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) agency use of administrative leave, and leave that is re-
ferred to incorrectly as administrative leave in agency recording
practices, has exceeded reasonable amounts—
(A) in contravention of—
(i) established precedent of the Comptroller Gen-
eral of the United States; and
(ii) guidance provided by the Office of Personnel
Management; and
(B) resulting in significant cost to the Federal Govern-
ment;
(2) administrative leave should be used sparingly;
(3) prior to the use of paid leave to address personnel
issues, an agency should consider other actions, including—
(A) temporary reassignment; and
(B) transfer;
(4) an agency should prioritize and expeditiously conclude
an investigation in which an employee is placed in administra-
tive leave so that, not later than the conclusion of the leave pe-
riod—
(A) the employee is returned to duty status; or
(B) an appropriate personnel action is taken with re-
spect to the employee;
(5) data show that there are too many examples of employ-
ees placed in administrative leave for 6 months or longer, leav-
ing the employees without any available recourse to—
(A) return to duty status; or
(B) challenge the decision of the agency;
(6) an agency should ensure accurate and consistent record-
ing of the use of administrative leave so that administrative
leave can be managed and overseen effectively; and
(7) other forms of excused absence authorized by law should
be recorded separately from administrative leave, as defined by
the amendments made by this section.
(c) ADMINISTRATIVE LEAVE.—
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(1) IN GENERAL.—Subchapter II of chapter 63 of title 5,

United States Code, is amended by adding at the end the fol-
lowing:

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 466

‘‘§ 6329a. Administrative leave

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘administrative leave’ means leave—
‘‘(A) without loss of or reduction in—
‘‘(i) pay;
‘‘(ii) leave to which an employee is otherwise enti-
tled under law; or
‘‘(iii) credit for time or service; and
‘‘(B) that is not authorized under any other provision
of law;
‘‘(2) the term ‘agency’—
‘‘(A) means an Executive agency (as defined in section
105 of this title);
‘‘(B) includes the Department of Veterans Affairs; and
‘‘(C) does not include the Government Accountability
Office; and
‘‘(3) the term ‘employee’—
‘‘(A) has the meaning given the term in section 2105;
and
‘‘(B) does not include an intermittent employee who
does not have an established regular tour of duty during
the administrative workweek.
‘‘(b) ADMINISTRATIVE LEAVE.—
‘‘(1) IN GENERAL.—During any calendar year, an agency
may place an employee in administrative leave for a period of
not more than a total of 10 work days.
‘‘(2) RECORDS.—An agency shall record administrative
leave separately from leave authorized under any other provi-
sion of law.
‘‘(c) REGULATIONS.—
‘‘(1) OPM REGULATIONS.—Not later than 270 calendar days
after the date of enactment of this section, the Director of the
Office of Personnel Management shall—
‘‘(A) prescribe regulations to carry out this section; and
‘‘(B) prescribe regulations that provide guidance to
agencies regarding—
‘‘(i) acceptable agency uses of administrative leave;
and
‘‘(ii) the proper recording of—
‘‘(I) administrative leave; and
‘‘(II) other leave authorized by law.
‘‘(2) AGENCY ACTION.—Not later than 270 calendar days
after the date on which the Director of the Office of Personnel
Management prescribes regulations under paragraph (1), each
agency shall revise and implement the internal policies of the
agency to meet the requirements of this section.
‘‘(d) RELATION TO OTHER LAWS.—Notwithstanding subsection
(a) of section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating to
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section 6329 the following:

‘‘6329a. Administrative leave.’’.
(d) INVESTIGATIVE LEAVE AND NOTICE LEAVE.—

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 467

(1) IN GENERAL.—Subchapter II of chapter 63 of title 5,

United States Code, as amended by this section, is further
amended by adding at the end the following:
‘‘§ 6329b. Investigative leave and notice leave
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency’—
‘‘(A) means an Executive agency (as defined in section
105 of this title);
‘‘(B) includes the Department of Veterans Affairs; and
‘‘(C) does not include the Government Accountability
Office;
‘‘(2) the term ‘Chief Human Capital Officer’ means—
‘‘(A) the Chief Human Capital Officer of an agency des-
ignated or appointed under section 1401; or
‘‘(B) the equivalent;
‘‘(3) the term ‘committees of jurisdiction’, with respect to an
agency, means each committee of the Senate or House of Rep-
resentatives with jurisdiction over the agency;
‘‘(4) the term ‘Director’ means the Director of the Office of
Personnel Management;
‘‘(5) the term ‘employee’—
‘‘(A) has the meaning given the term in section 2105;
and
‘‘(B) does not include—
‘‘(i) an intermittent employee who does not have an
established regular tour of duty during the administra-
tive workweek; or
‘‘(ii) the Inspector General of an agency;
‘‘(6) the term ‘investigative entity’ means—
‘‘(A) an internal investigative unit of an agency grant-
ing investigative leave under this section;
‘‘(B) the Office of Inspector General of an agency grant-
ing investigative leave under this section;
‘‘(C) the Attorney General; and
‘‘(D) the Office of Special Counsel;
‘‘(7) the term ‘investigative leave’ means leave—
‘‘(A) without loss of or reduction in—
‘‘(i) pay;
‘‘(ii) leave to which an employee is otherwise enti-
tled under law; or
‘‘(iii) credit for time or service;
‘‘(B) that is not authorized under any other provision
of law; and
‘‘(C) in which an employee who is the subject of an in-
vestigation is placed;
‘‘(8) the term ‘notice leave’ means leave—
‘‘(A) without loss of or reduction in—
‘‘(i) pay;
‘‘(ii) leave to which an employee is otherwise enti-
tled under law; or
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‘‘(iii) credit for time or service;

‘‘(B) that is not authorized under any other provision
of law; and

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 468

‘‘(C) in which an employee who is in a notice period is

placed; and
‘‘(9) the term ‘notice period’ means a period beginning on
the date on which an employee is provided notice required
under law of a proposed adverse action against the employee
and ending on the date on which an agency may take the ad-
verse action.
‘‘(b) LEAVE FOR EMPLOYEES UNDER INVESTIGATION OR IN A NO-
TICE PERIOD.—
‘‘(1) AUTHORITY.—An agency may, in accordance with para-
graph (2), place an employee in—
‘‘(A) investigative leave if the employee is the subject of
an investigation;
‘‘(B) notice leave if the employee is in a notice period;
or
‘‘(C) notice leave following a placement in investigative
leave if, not later than the day after the last day of the pe-
riod of investigative leave—
‘‘(i) the agency proposes or initiates an adverse ac-
tion against the employee; and
‘‘(ii) the agency determines that the employee con-
tinues to meet 1 or more of the criteria described in
paragraph (2)(A).
‘‘(2) REQUIREMENTS.—An agency may place an employee in
leave under paragraph (1) only if the agency has—
‘‘(A) made a determination with respect to the employee
that the continued presence of the employee in the work-
place during an investigation of the employee or while the
employee is in a notice period, as applicable, may—
‘‘(i) pose a threat to the employee or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation;
‘‘(iii) result in loss of or damage to Government
property; or
‘‘(iv) otherwise jeopardize legitimate Government
interests;
‘‘(B) considered—
‘‘(i) assigning the employee to duties in which the
employee no longer poses a threat described in clauses
(i) through (iv) of subparagraph (A);
‘‘(ii) allowing the employee to take leave for which
the employee is eligible;
‘‘(iii) if the employee is absent from duty without
approved leave, carrying the employee in absence with-
out leave status; and
‘‘(iv) for an employee subject to a notice period, cur-
tailing the notice period if there is reasonable cause to
believe the employee has committed a crime for which
a sentence of imprisonment may be imposed; and
‘‘(C) determined that none of the available options
under clauses (i) through (iv) of subparagraph (B) is appro-
priate.
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‘‘(3) DURATION OF LEAVE.—

‘‘(A) INVESTIGATIVE LEAVE.—Upon the expiration of the
10 work day period described in section 6329a(b)(1) with

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 469

respect to an employee, and if an agency determines that an

extended investigation of the employee is necessary, the
agency may place the employee in investigative leave for a
period of not more than 30 work days.
‘‘(B) NOTICE LEAVE.—Placement of an employee in no-
tice leave shall be for a period not longer than the duration
of the notice period.
‘‘(4) EXPLANATION OF LEAVE.—
‘‘(A) IN GENERAL.—If an agency places an employee in
leave under this subsection, the agency shall provide the
employee a written explanation of whether the employee
was placed in investigative leave or notice leave.
‘‘(B) EXPLANATION.—The written notice under subpara-
graph (A) shall describe the limitations of the leave place-
ment, including—
‘‘(i) the applicable limitations under paragraph (3);
and
‘‘(ii) in the case of a placement in investigative
leave, an explanation that, at the conclusion of the pe-
riod of leave, the agency shall take an action under
paragraph (5).
‘‘(5) AGENCY ACTION.—Not later than the day after the last
day of a period of investigative leave for an employee under
paragraph (1), an agency shall—
‘‘(A) return the employee to regular duty status;
‘‘(B) take 1 or more of the actions under clauses (i)
through (iv) of paragraph (2)(B);
‘‘(C) propose or initiate an adverse action against the
employee as provided under law; or
‘‘(D) extend the period of investigative leave under sub-
sections (c) and (d).
‘‘(6) RULE OF CONSTRUCTION.—Nothing in paragraph (5)
shall be construed to prevent the continued investigation of an
employee, except that the placement of an employee in investiga-
tive leave may not be extended for that purpose except as pro-
vided in subsections (c) and (d).
‘‘(c) INITIAL EXTENSION OF INVESTIGATIVE LEAVE.—
‘‘(1) IN GENERAL.—Subject to paragraph (4), if the Chief
Human Capital Officer of an agency, or the designee of the
Chief Human Capital Officer, approves such an extension after
consulting with the investigator responsible for conducting the
investigation to which an employee is subject, the agency may
extend the period of investigative leave for the employee under
subsection (b) for not more than 30 work days.
‘‘(2) MAXIMUM NUMBER OF EXTENSIONS.—The total period
of additional investigative leave for an employee under para-
graph (1) may not exceed 90 work days.
‘‘(3) DESIGNATION GUIDANCE.—Not later than 270 days
after the date of enactment of this section, the Chief Human
Capital Officers Council shall issue guidance to ensure that if
the Chief Human Capital Officer of an agency delegates the au-
thority to approve an extension under paragraph (1) to a des-
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ignee, the designee is at a sufficiently high level within the

agency to make an impartial and independent determination
regarding the extension.

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 470

‘‘(4) EXTENSIONS FOR OIG EMPLOYEES.—

‘‘(A) APPROVAL.—In the case of an employee of an Of-
fice of Inspector General—
‘‘(i) the Inspector General or the designee of the In-
spector General, rather than the Chief Human Capital
Officer or the designee of the Chief Human Capital Of-
ficer, shall approve an extension of a period of inves-
tigative leave for the employee under paragraph (1); or
‘‘(ii) at the request of the Inspector General, the
head of the agency within which the Office of Inspector
General is located shall designate an official of the
agency to approve an extension of a period of investiga-
tive leave for the employee under paragraph (1).
‘‘(B) GUIDANCE.—Not later than 270 calendar days
after the date of enactment of this section, the Council of
the Inspectors General on Integrity and Efficiency shall
issue guidance to ensure that if the Inspector General or the
head of an agency, at the request of the Inspector General,
delegates the authority to approve an extension under sub-
paragraph (A) to a designee, the designee is at a sufficiently
high level within the Office of Inspector General or the
agency, as applicable, to make an impartial and inde-
pendent determination regarding the extension.
‘‘(d) FURTHER EXTENSION OF INVESTIGATIVE LEAVE.—
‘‘(1) REPORT.—After reaching the limit under subsection
(c)(2) and if an investigative entity submits a certification under
paragraph (2) of this subsection, an agency may further extend
a period of investigative leave for an employee for periods of not
more than 30 work days each if, not later than 5 business days
after granting each further extension, the agency submits to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform of the House of Representatives, along with any other
committees of jurisdiction, a report containing—
‘‘(A) the title, position, office or agency subcomponent,
job series, pay grade, and salary of the employee;
‘‘(B) a description of the duties of the employee;
‘‘(C) the reason the employee was placed in investiga-
tive leave;
‘‘(D) an explanation as to why—
‘‘(i) the employee poses a threat described in
clauses (i) through (iv) of subsection (b)(2)(A); and
‘‘(ii) the agency is not able to reassign the employee
to another position within the agency;
‘‘(E) in the case of an employee required to telework
under section 6502(c) during the investigation of the em-
ployee—
‘‘(i) the reasons that the agency required the em-
ployee to telework under that section; and
‘‘(ii) the duration of the teleworking requirement;
‘‘(F) the status of the investigation of the employee;
‘‘(G) the certification described in paragraph (2); and
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‘‘(H) in the case of a completed investigation of the em-

ployee—
‘‘(i) the results of the investigation; and

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 471

‘‘(ii) the reason that the employee remains in inves-

tigative leave.
‘‘(2) CERTIFICATION.—If, after an employee has reached the
limit under subsection (c)(2), an investigative entity determines
that additional time is needed to complete the investigation of
the employee, the investigative entity shall—
‘‘(A) certify to the appropriate agency that additional
time is needed to complete the investigation of the employee;
and
‘‘(B) include in the certification an estimate of the
amount of time that is necessary to complete the investiga-
tion of the employee.
‘‘(3) NO EXTENSIONS AFTER COMPLETION OF INVESTIGA-
TION.—An agency may not further extend a period of investiga-
tive leave of an employee under paragraph (1) on or after the
date that is 30 calendar days after the completion of the inves-
tigation of the employee by an investigative entity.
‘‘(e) CONSULTATION GUIDANCE.—Not later than 270 calendar
days after the date of enactment of this section, the Council of the
Inspectors General on Integrity and Efficiency, in consultation with
the Attorney General and the Special Counsel, shall issue guidance
on best practices for consultation between an investigator and an
agency on the need to place an employee in investigative leave dur-
ing an investigation of the employee, including during a criminal
investigation, because the continued presence of the employee in the
workplace during the investigation may—
‘‘(1) pose a threat to the employee or others;
‘‘(2) result in the destruction of evidence relevant to an in-
vestigation;
‘‘(3) result in loss of or damage to Government property; or
‘‘(4) otherwise jeopardize legitimate Government interests.
‘‘(f) REPORTING AND RECORDS.—
‘‘(1) IN GENERAL.—An agency shall keep a record of the
placement of an employee in investigative leave or notice leave
by the agency, including—
‘‘(A) the basis for the determination made under sub-
section (b)(2)(A);
‘‘(B) an explanation of why an action under clauses (i)
through (iv) of subsection (b)(2)(B) was not appropriate;
‘‘(C) the length of the period of leave;
‘‘(D) the amount of salary paid to the employee during
the period of leave;
‘‘(E) the reasons for authorizing the leave, including, if
applicable, the recommendation made by an investigator
under subsection (c)(1);
‘‘(F) whether the employee is required to telework under
section 6502(c) during the investigation, including the rea-
sons for requiring the employee to telework; and
‘‘(G) the action taken by the agency at the end of the
period of leave, including, if applicable, the granting of any
extension of a period of investigative leave under subsection
(c) or (d).
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‘‘(2) AVAILABILITY OF RECORDS.—An agency shall make a

record kept under paragraph (1) available—
‘‘(A) to any committee of jurisdiction, upon request;

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 472

‘‘(B) to the Office of Personnel Management; and

‘‘(C) as otherwise required by law, including for the
purposes of the Administrative Leave Act of 2016 and the
amendments made by that Act.
‘‘(g) RECOURSE TO THE OFFICE OF SPECIAL COUNSEL.—For pur-
poses of subchapter II of chapter 12 and section 1221, placement on
investigative leave under subsection (b) of this section for a period
of not less than 70 work days shall be considered a personnel action
under paragraph (8) or (9) of section 2302(b).
‘‘(h) REGULATIONS.—
‘‘(1) OPM ACTION.—Not later than 270 calendar days after
the date of enactment of this section, the Director shall prescribe
regulations to carry out this section, including guidance to
agencies regarding—
‘‘(A) acceptable purposes for the use of—
‘‘(i) investigative leave; and
‘‘(ii) notice leave;
‘‘(B) the proper recording of—
‘‘(i) the leave categories described in subparagraph
(A); and
‘‘(ii) other leave authorized by law;
‘‘(C) baseline factors that an agency shall consider
when making a determination that the continued presence
of an employee in the workplace may—
‘‘(i) pose a threat to the employee or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation;
‘‘(iii) result in loss or damage to Government prop-
erty; or
‘‘(iv) otherwise jeopardize legitimate Government
interests; and
‘‘(D) procedures and criteria for the approval of an ex-
tension of a period of investigative leave under subsection
(c) or (d).
‘‘(2) AGENCY ACTION.—Not later than 270 calendar days
after the date on which the Director prescribes regulations
under paragraph (1), each agency shall revise and implement
the internal policies of the agency to meet the requirements of
this section.
‘‘(i) RELATION TO OTHER LAWS.—Notwithstanding subsection
(a) of section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.’’.
(2) GAO REPORT.—Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the Comp-
troller General of the United States shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Re-
form of the House of Representatives a report on the results of
an evaluation of the implementation of the authority provided
under sections 6329a and 6329b of title 5, United States Code,
as added by subsection (c)(1) of this section and paragraph (1)
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of this subsection, respectively, including—

(A) the number of times that an agency, under sub-
section (c)(1) of such section 6329b—

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 473

(i) consulted with the investigator responsible for

conducting the investigation to which an employee was
subject with respect to the decision of the agency to
grant an extension under that subsection; and
(ii) did not have a consultation described in clause
(i), including the reasons that the agency failed to have
such a consultation;
(B) an assessment of the use of the authority provided
under subsection (d) of such section 6329b by agencies, in-
cluding data regarding the number and length of exten-
sions granted under that subsection;
(C) an assessment of the compliance with the require-
ments of subsection (f) of such section 6329b by agencies;
(D) a review of the practice of agency placement of an
employee in investigative or notice leave under subsection
(b) of such section 6329b because of a determination under
subsection (b)(2)(A)(iv) of that section that the employee
jeopardized legitimate Government interests, including the
extent to which such determinations were supported by evi-
dence; and
(E) an assessment of the effectiveness of subsection (g)
of such section 6329b in preventing and correcting the use
of extended investigative leave as a tool of reprisal for mak-
ing a protected disclosure or engaging in protected activity
as described in paragraph (8) or (9) of section 2302(b) of
title 5, United States Code.
(3) TELEWORK.—Section 6502 of title 5, United States Code,
is amended by adding at the end the following:
‘‘(c) REQUIRED TELEWORK.—If an agency places an employee in
investigative leave under section 6329b, the agency may require the
employee to, through telework, perform duties similar to the duties
that the employee performs on-site if—
‘‘(1) the agency determines that such a requirement would
not—
‘‘(A) pose a threat to the employee or others;
‘‘(B) result in the destruction of evidence relevant to an
investigation;
‘‘(C) result in the loss of or damage to Government
property; or
‘‘(D) otherwise jeopardize legitimate Government inter-
ests;
‘‘(2) the employee is eligible to telework under subsections
(a) and (b) of this section; and
‘‘(3) the agency determines that it would be appropriate for
the employee to perform the duties of the employee through
telework.’’.
(4) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating to
section 6329a, as added by this section, the following:
‘‘6329b. Investigative leave and notice leave.’’.
(e) WEATHER AND SAFETY LEAVE.—
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(1) IN GENERAL.—Subchapter II of chapter 63 of title 5,

United States Code, as amended by this section, is further
amended by adding at the end the following:

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 474

‘‘§ 6329c. Weather and safety leave

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘agency’—
‘‘(A) means an Executive agency (as defined in section
105 of this title);
‘‘(B) includes the Department of Veterans Affairs; and
‘‘(C) does not include the Government Accountability
Office; and
‘‘(2) the term ‘employee’—
‘‘(A) has the meaning given the term in section 2105;
and
‘‘(B) does not include an intermittent employee who
does not have an established regular tour of duty during
the administrative workweek.
‘‘(b) LEAVE FOR WEATHER AND SAFETY ISSUES.—An agency may
approve the provision of leave under this section to an employee or
a group of employees without loss of or reduction in the pay of the
employee or employees, leave to which the employee or employees are
otherwise entitled, or credit to the employee or employees for time
or service only if the employee or group of employees is prevented
from safely traveling to or performing work at an approved location
due to—
‘‘(1) an act of God;
‘‘(2) a terrorist attack; or
‘‘(3) another condition that prevents the employee or group
of employees from safely traveling to or performing work at an
approved location.
‘‘(c) RECORDS.—An agency shall record leave provided under
this section separately from leave authorized under any other provi-
sion of law.
‘‘(d) REGULATIONS.—Not later than 270 days after the date of
enactment of this section, the Director of the Office of Personnel
Management shall prescribe regulations to carry out this section, in-
cluding—
‘‘(1) guidance to agencies regarding the appropriate pur-
poses for providing leave under this section; and
‘‘(2) the proper recording of leave provided under this sec-
tion.
‘‘(e) RELATION TO OTHER LAWS.—Notwithstanding subsection
(a) of section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating to
section 6329b, as added by this section, the following:
‘‘6329c. Weather and safety leave.’’.
SEC. 1139. DIRECT HIRING FOR FEDERAL WAGE SCHEDULE EMPLOY-
EES.
The Director of the Office of Personnel Management shall per-
mit an agency with delegated examining authority under 1104(a)(2)
of title 5, United States Code, to use direct-hire authority under sec-
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tion 3304(a)(3) of such title for a permanent or non-permanent posi-

tion or group of positions in the competitive services at GS–15 (or
equivalent) and below, or for prevailing rate employees, if the Direc-

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 475

tor determines that there is either a severe shortage of candidates

or a critical hiring need for such positions.
SEC. 1140. RECORD OF INVESTIGATION OF PERSONNEL ACTION IN
SEPARATED EMPLOYEE’S OFFICIAL PERSONNEL FILE.
(a) IN GENERAL.—Subchapter I of chapter 33 of title 5, United
States Code, is amended by inserting after section 3321 the fol-
lowing:
‘‘§ 3322. Voluntary separation before resolution of personnel
investigation
‘‘(a) With respect to any employee occupying a position in the
competitive service or the excepted service who is the subject of a
personnel investigation and resigns from Government employment
prior to the resolution of such investigation, the head of the agency
from which such employee so resigns shall, if an adverse finding
was made with respect to such employee pursuant to such investiga-
tion, make a permanent notation in the employee’s official personnel
record file. The head shall make such notation not later than 40
days after the date of the resolution of such investigation.
‘‘(b) Prior to making a permanent notation in an employee’s offi-
cial personnel record file under subsection (a), the head of the agen-
cy shall—
‘‘(1) notify the employee in writing within 5 days of the res-
olution of the investigation and provide such employee a copy
of the adverse finding and any supporting documentation;
‘‘(2) provide the employee with a reasonable time, but not
less than 30 days, to respond in writing and to furnish affida-
vits and other documentary evidence to show why the adverse
finding was unfounded (a summary of which shall be included
in any notation made to the employee’s personnel file under
subsection (d)); and
‘‘(3) provide a written decision and the specific reasons
therefore to the employee at the earliest practicable date.
‘‘(c) An employee is entitled to appeal the decision of the head
of the agency to make a permanent notation under subsection (a) to
the Merit Systems Protection Board under section 7701.
‘‘(d)(1) If an employee files an appeal with the Merit Systems
Protection Board pursuant to subsection (c), the agency head shall
make a notation in the employee’s official personnel record file indi-
cating that an appeal disputing the notation is pending not later
than 2 weeks after the date on which such appeal was filed.
‘‘(2) If the head of the agency is the prevailing party on appeal,
not later than 2 weeks after the date that the Board issues the ap-
peal decision, the head of the agency shall remove the notation
made under paragraph (1) from the employee’s official personnel
record file.
‘‘(3) If the employee is the prevailing party on appeal, not later
than 2 weeks after the date that the Board issues the appeal deci-
sion, the head of the agency shall remove the notation made under
paragraph (1) and the notation of an adverse finding made under
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subsection (a) from the employee’s official personnel record file.

‘‘(e) In this section, the term ‘personnel investigation’ includes—
‘‘(1) an investigation by an Inspector General; and

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 476

‘‘(2) an adverse personnel action as a result of performance,

misconduct, or for such cause as will promote the efficiency of
the service under chapter 43 or chapter 75.’’.
(b) APPLICATION.—The amendment made by subsection (a) shall
apply to any employee described in section 3322 of title 5, United
States Code, (as added by such subsection) who leaves the service
after the date of enactment of this Act.
(c) CLERICAL AMENDMENT.—The table of sections of subchapter
I of chapter 33 of title 5, United States Code, is amended by insert-
ing after the item relating to section 3321 the following:
‘‘3322. Voluntary separation before resolution of personnel investigation.’’.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. One-year extension of logistical support for coalition forces supporting
certain United States military operations.
Sec. 1202. Special Defense Acquisition Fund matters.
Sec. 1203. Codification of authority for support of special operations to combat ter-
rorism.
Sec. 1204. Independent evaluation of strategic framework for Department of Defense
security cooperation.
Sec. 1205. Sense of Congress regarding an assessment, monitoring, and evaluation
framework for security cooperation.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of Commanders’ Emergency Response Pro-
gram.
Sec. 1212. Extension of authority to acquire products and services produced in coun-
tries along a major route of supply to Afghanistan.
Sec. 1213. Extension and modification of authority to transfer defense articles and
provide defense services to the military and security forces of Afghani-
stan.
Sec. 1214. Special immigrant status for certain Afghans.
Sec. 1215. Modification to semiannual report on enhancing security and stability in
Afghanistan.
Sec. 1216. Prohibition on use of funds for certain programs and projects of the De-
partment of Defense in Afghanistan that cannot be safely accessed by
United States Government personnel.
Sec. 1217. Improvement of oversight of United States Government efforts in Afghan-
istan.
Sec. 1218. Extension and modification of authority for reimbursement of certain coa-
lition nations for support provided to United States military operations.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification and extension of authority to provide assistance to the vetted
Syrian opposition.
Sec. 1222. Modification and extension of authority to provide assistance to counter
the Islamic State of Iraq and the Levant.
Sec. 1223. Extension and modification of authority to support operations and activi-
ties of the Office of Security Cooperation in Iraq.
Sec. 1224. Limitation on provision of man-portable air defense systems to the vetted
Syrian opposition during fiscal year 2017.
Sec. 1225. Modification of annual report on military power of Iran.
Sec. 1226. Quarterly report on confirmed ballistic missile launches from Iran.
Subtitle D—Matters Relating to the Russian Federation
Sec. 1231. Military response options to Russian Federation violation of INF Treaty.
Sec. 1232. Limitation on military cooperation between the United States and the
Russian Federation.
Sec. 1233. Extension and modification of authority on training for Eastern Euro-
pean national military forces in the course of multilateral exercises.
Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian
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Federation over Crimea.

Sec. 1235. Annual report on military and security developments involving the Rus-
sian Federation.

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 477
Sec. 1236. Limitation on use of funds to vote to approve or otherwise adopt any im-
plementing decision of the Open Skies Consultative Commission and re-
lated requirements.
Sec. 1237. Extension and enhancement of Ukraine Security Assistance Initiative.
Sec. 1238. Reports on INF Treaty and Open Skies Treaty.
Subtitle E—Reform of Department of Defense Security Cooperation
Sec. 1241. Enactment of new chapter for defense security cooperation.
Sec. 1242. Military-to-military exchanges.
Sec. 1243. Consolidation and revision of authorities for payment of personnel ex-
penses necessary for theater security cooperation.
Sec. 1244. Transfer and revision of certain authorities on payment of expenses of
training and exercises with friendly foreign forces.
Sec. 1245. Transfer and revision of authority to provide operational support to forces
of friendly foreign countries.
Sec. 1246. Department of Defense State Partnership Program.
Sec. 1247. Transfer of authority on Regional Defense Combating Terrorism Fellow-
ship Program.
Sec. 1248. Consolidation of authorities for service academy international engage-
ment.
Sec. 1249. Consolidated annual budget for security cooperation programs and activi-
ties of the Department of Defense.
Sec. 1250. Department of Defense security cooperation workforce development.
Sec. 1251. Reporting requirements.
Sec. 1252. Quadrennial review of security sector assistance programs and authori-
ties of the United States Government.
Sec. 1253. Other conforming amendments and authority for administration.
Subtitle F—Human Rights Sanctions
Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Authorization of imposition of sanctions.
Sec. 1264. Reports to Congress.
Sec. 1265. Sunset.
Subtitle G—Miscellaneous Reports
Sec. 1271. Modification of annual report on military and security developments in-
volving the People’s Republic of China.
Sec. 1272. Monitoring and evaluation of overseas humanitarian, disaster, and civic
aid programs of the Department of Defense.
Sec. 1273. Strategy for United States defense interests in Africa.
Sec. 1274. Report on the potential for cooperation between the United States and
Israel on directed energy capabilities.
Sec. 1275. Annual update of Department of Defense Freedom of Navigation Report.
Sec. 1276. Assessment of proliferation of certain remotely piloted aircraft systems.
Subtitle H—Other Matters
Sec. 1281. Enhancement of interagency support during contingency operations and
transition periods.
Sec. 1282. Two-year extension and modification of authorization of non-conventional
assisted recovery capabilities.
Sec. 1283. Authority to destroy certain specified World War II-era United States-ori-
gin chemical munitions located on San Jose Island, Republic of Pan-
ama.
Sec. 1284. Sense of Congress on military exchanges between the United States and
Taiwan.
Sec. 1285. Limitation on availability of funds to implement the Arms Trade Treaty.
Sec. 1286. Prohibition on use of funds to invite, assist, or otherwise assure the par-
ticipation of Cuba in certain joint or multilateral exercises.
Sec. 1287. Global Engagement Center.
Sec. 1288. Modification of United States International Broadcasting Act of 1994.
Sec. 1289. Redesignation of South China Sea Initiative.
Sec. 1290. Measures against persons involved in activities that violate arms control
treaties or agreements with the United States.
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Sec. 1291. Agreements with foreign governments to develop land-based water re-
sources in support of and in preparation for contingency operations.
Sec. 1292. Enhancing defense and security cooperation with India.

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 478
Sec. 1293. Coordination of efforts to develop free trade agreements with sub-Saha-
ran African countries.
Sec. 1294. Extension and expansion of authority to support border security oper-
ations of certain foreign countries.
Sec. 1295. Modification and clarification of United States-Israel anti-tunnel co-
operation authority.
Sec. 1296. Maintenance of prohibition on procurement by Department of Defense of
People’s Republic of China-origin items that meet the definition of goods
and services controlled as munitions items when moved to the ‘‘600 se-
ries’’ of the Commerce Control List.
Sec. 1297. International sales process improvements.
Sec. 1298. Efforts to end modern slavery.

Subtitle A—Assistance and Training

SEC. 1201. ONE-YEAR EXTENSION OF LOGISTICAL SUPPORT FOR COA-
LITION FORCES SUPPORTING CERTAIN UNITED STATES
MILITARY OPERATIONS.
Section 1234 of the National Defense Authorization Act for Fis-
cal Year 2008 (Public Law 110–181; 122 Stat. 394), as most recently
amended by section 1201 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1035), is further
amended—
(1) in subsection (a), by striking ‘‘fiscal year 2016’’ and in-
serting ‘‘fiscal year 2017’’;
(2) in subsection (d), by striking ‘‘during the period begin-
ning on October 1, 2015, and ending on December 31, 2016’’
and inserting ‘‘during the period beginning on October 1, 2016,
and ending on December 31, 2017’’; and
(3) in subsection (e)(1), by striking ‘‘December 31, 2016’’
and inserting ‘‘December 31, 2017’’.
SEC. 1202. SPECIAL DEFENSE ACQUISITION FUND MATTERS.
(a) INCREASE IN SIZE.—Effective as of October 1, 2016, para-
graph (1) of section 114(c) of title 10, United States Code, is amend-
ed by striking ‘‘$1,070,000,000’’ and inserting ‘‘$2,500,000,000’’.
(b) LIMITED AVAILABILITY OF CERTAIN AMOUNTS.—Such section
is further amended—
(1) in paragraph (2)(A), by striking ‘‘limitation in para-
graph (1)’’ and inserting ‘‘limitations in paragraphs (1) and
(3)’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Of the amount available in the Special Defense Acquisition
Fund in any fiscal year after fiscal year 2016, $500,000,000 may be
used in such fiscal year only to procure and stock precision guided
munitions that may be required by partner and allied forces to en-
hance the effectiveness of current or future contributions of such
forces to overseas contingency operations conducted or supported by
the United States.’’.
(c) REPORTS.—
(1) INITIAL PLAN ON USE OF AUTHORITY.—Before exercising
authority for use of amounts in the Special Defense Acquisition
Fund in excess of the size of that Fund as of September 30,
2016, by reason of the amendments made by this section, the
Secretary of Defense shall, with the concurrence of the Secretary
of State, submit to the appropriate committees of Congress a re-
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port on the plan for the use of such amounts.

(2) QUARTERLY SPENDING PLAN.—Not later than 30 days
before the beginning of each fiscal year quarter, the Secretary

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of Defense shall, with the concurrence of the Secretary of State,

submit to the appropriate committees of Congress a detailed
plan for the use of amounts in the Special Defense Acquisition
Fund for such fiscal year quarter.
(3) ANNUAL UPDATES.—Not later than 90 days after the end
of each fiscal year, the Secretary of Defense shall, with the con-
currence of the Secretary of State, submit to the appropriate
committees of Congress a report setting forth the inventory of
defense articles and services acquired, possessed, and trans-
ferred through the Special Defense Acquisition Fund in such
fiscal year.
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
has the meaning given that term in section 301(1) of title 10,
United States Code (as added by section 1241(a)(3) of this Act).
SEC. 1203. CODIFICATION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS TO COMBAT TERRORISM.
(a) CODIFICATION OF AUTHORITY.—
(1) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by inserting before section 128 the following new
section:
‘‘§ 127e. Support of special operations to combat terrorism
‘‘(a) AUTHORITY.—The Secretary of Defense may, with the con-
currence of the relevant Chief of Mission, expend up to $100,000,000
during any fiscal year to provide support to foreign forces, irregular
forces, groups, or individuals engaged in supporting or facilitating
ongoing military operations by United States special operations
forces to combat terrorism.
‘‘(b) FUNDS.—Funds for support under this section in a fiscal
year shall be derived from amounts authorized to be appropriated
for that fiscal year for the Department of Defense for operation and
maintenance.
‘‘(c) PROCEDURES.—The authority in this section shall be exer-
cised in accordance with such procedures as the Secretary shall es-
tablish for purposes of this section. The Secretary shall notify the
congressional defense committees of any material modification of
such procedures.
‘‘(d) NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 15 days before exercising
the authority in this section to make funds available to initiate
support of an approved military operation or changing the
scope or funding level of any support for such an operation by
$1,000,000 or an amount equal to 20 percent of such funding
level (whichever is less), or not later than 48 hours after exer-
cising such authority if the Secretary determines that extraor-
dinary circumstances that impact the national security of the
United States exist, the Secretary shall notify the congressional
defense committees of the use of such authority with respect to
that operation. Any such notification shall be in writing.
‘‘(2) ELEMENTS.—A notification required by this subsection
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shall include the following:

‘‘(A) The type of support provided or to be provided to
United States special operations forces.

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‘‘(B) The type of support provided or to be provided to

the recipient of the funds.
‘‘(C) The amount obligated under the authority to pro-
vide support.
‘‘(e) LIMITATION ON DELEGATION.—The authority of the Sec-
retary to make funds available under this section for support of a
military operation may not be delegated.
‘‘(f) INTELLIGENCE ACTIVITIES.—This section does not constitute
authority to conduct a covert action, as such term is defined in sec-
tion 503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
‘‘(g) BIANNUAL REPORTS.—
‘‘(1) REPORT ON PRECEDING CALENDAR YEAR.—Not later
than March 1 each year, the Secretary shall submit to the con-
gressional defense committees a report on the support provided
under this section during the preceding calendar year.
‘‘(2) REPORT ON CURRENT CALENDAR YEAR.—Not later than
September 1 each year, the Secretary shall submit to the con-
gressional defense committees a report on the support provided
under this section during the first half of the calendar year in
which the report is submitted.
‘‘(3) ELEMENTS.—Each report required by this subsection
shall include, for the period covered by such report, the fol-
lowing:
‘‘(A) A summary of the ongoing military operations by
United States special operations forces to combat terrorism
that were supported or facilitated by foreign forces, irreg-
ular forces, groups, or individuals for which support was
provided under this section.
‘‘(B) A description of the support or facilitation pro-
vided by such foreign forces, irregular forces, groups, or in-
dividuals to United States special operations forces.
‘‘(C) The type of recipients that were provided support
under this section, identified by authorized category (for-
eign forces, irregular forces, groups, or individuals).
‘‘(D) The total amount obligated for support under this
section, including budget details.
‘‘(E) The total amount obligated in prior fiscal years
under this section and applicable preceding authority.
‘‘(F) The intended duration of support provided under
this section.
‘‘(G) A description of the support or training provided
to the recipients of support under this section.
‘‘(H) A value assessment of the support provided under
this section, including a summary of significant activities
undertaken by foreign forces, irregular forces, groups, or in-
dividuals to support operations by United States special op-
erations forces to combat terrorism.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the be-
ginning of chapter 3 of such title is amended by inserting before
the item relating to section 128 the following new item:
‘‘127e. Support of special operations to combat terrorism.’’.
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(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1208 of the

Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108–375) is repealed.

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SEC. 1204. INDEPENDENT EVALUATION OF STRATEGIC FRAMEWORK
FOR DEPARTMENT OF DEFENSE SECURITY COOPERATION.
(a) EVALUATION REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall enter into
an agreement with a federally funded research and develop-
ment center, or another appropriate independent entity, with ex-
pertise in security cooperation to conduct an evaluation of the
implementation of the strategic framework for Department of
Defense security cooperation, as directed by section 1202 of the
National Defense Authorization Act for Fiscal Year 2016 (Pub-
lic Law 114–92; 129 Stat. 1036; 10 U.S.C. 113 note).
(2) ELEMENTS.—The evaluation under paragraph (1) shall
include the following:
(A) An evaluation of the Department of Defense’s imple-
mentation of each of the required elements of the strategic
framework.
(B) An evaluation of the impact of the strategic frame-
work on Department of Defense security cooperation activi-
ties, including the extent to which such activities are being
planned, prioritized, and executed in accordance with the
strategic framework.
(C) Recommendations of areas in which additional
guidance, or additional specificity within existing guidance,
is necessary to achieve greater alignment between Depart-
ment of Defense security cooperation activities and the stra-
tegic goals and priorities identified within the strategic
framework.
(D) Any other matters the entity that conducts the eval-
uation considers appropriate.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than November 1, 2018, the
Secretary of Defense shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Rep-
resentatives a report that includes the evaluation under sub-
section (a) and any other matters the Secretary considers appro-
priate.
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1205. SENSE OF CONGRESS REGARDING AN ASSESSMENT, MONI-
TORING, AND EVALUATION FRAMEWORK FOR SECURITY
COOPERATION.
It is the sense of Congress that—
(1) the Secretary of Defense should develop and maintain
an assessment, monitoring, and evaluation framework for secu-
rity cooperation with foreign countries to ensure accountability
and foster implementation of best practices; and
(2) such framework—
(A) should be consistent with interagency approaches
and existing best practices;
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(B) should be sufficiently resourced and appropriately

placed within the Department of Defense to enable the rig-
orous examination and measurement of security coopera-

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 482

tion efforts towards meeting stated objectives and outcomes;

and
(C) should be used to inform security cooperation plan-
ning, policies, and resource decisions as well as ensure the
effectiveness and efficiency of security cooperation efforts.
Subtitle B—Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF COMMANDERS’ EMER-
GENCY RESPONSE PROGRAM.
(a) EXTENSION.—Section 1201 of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat.
1619), as most recently amended by section 1211 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1042), is further amended—
(1) in subsection (a)—
(A) by striking ‘‘During fiscal year 2016’’ and inserting
‘‘During the period beginning on October 1, 2016, and end-
ing on December 31, 2018’’; and
(B) by striking ‘‘in such fiscal year’’ and inserting ‘‘in
such period’’;
(2) in subsection (b), by striking ‘‘fiscal year 2016’’ and in-
serting ‘‘fiscal year 2017 and fiscal year 2018’’; and
(3) in subsection (f), by striking ‘‘in fiscal year 2016’’ and
inserting ‘‘during the period beginning on October 1, 2016, and
ending on December 31, 2018’’.
(b) AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY
AND LOSS IN AFGHANISTAN, IRAQ, AND SYRIA.—
(1) IN GENERAL.—During the period beginning on October
1, 2016, and ending on December 31, 2018, amounts available
pursuant to section 1201 of the National Defense Authorization
Act for Fiscal Year 2012, as amended by this section, shall also
be available for ex gratia payments for damage, personal in-
jury, or death that is incident to combat operations of the
Armed Forces in Afghanistan, Iraq, or Syria.
(2) NOTICE.—The Secretary of Defense shall, upon each ex-
ercise of the authority in this subsection, submit to the congres-
sional defense committees a report setting forth the following:
(A) The amount that will be used for payments pursu-
ant to this subsection.
(B) The manner in which claims for payments shall be
verified.
(C) The officers or officials who shall be authorized to
approve claims for payments.
(D) The manner in which payments shall be made.
(3) AUTHORITIES APPLICABLE TO PAYMENT.—Any payment
made pursuant to this subsection shall be made in accordance
with the authorities and limitations in section 8121 of the De-
partment of Defense Appropriations Act, 2015 (division C of
Public Law 113–235), other than subsection (h) of such section.
(4) CONSTRUCTION WITH RESTRICTION ON AMOUNT OF PAY-
MENTS.—For purposes of the application of subsection (e) of
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such section 1201, as so amended, to any payment pursuant to

this subsection, such payment shall be deemed to be a project
described by such subsection (e).

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 483
SEC. 1212. EXTENSION OF AUTHORITY TO ACQUIRE PRODUCTS AND
SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR
ROUTE OF SUPPLY TO AFGHANISTAN.
Section 801(f) of the National Defense Authorization Act for Fis-
cal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most recently
amended by section 1214 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1045), is further
amended by striking ‘‘December 31, 2016’’ and inserting ‘‘December
31, 2018’’.
SEC. 1213. EXTENSION AND MODIFICATION OF AUTHORITY TO TRANS-
FER DEFENSE ARTICLES AND PROVIDE DEFENSE SERV-
ICES TO THE MILITARY AND SECURITY FORCES OF AF-
GHANISTAN.
(a) EXPIRATION.—Subsection (h) of section 1222 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112–
239; 126 Stat. 1992), as most recently amended by section 1215 of
the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 1045), is further amended by striking ‘‘De-
cember 31, 2016’’ and inserting ‘‘December 31, 2017’’.
(b) CONVERSION OF QUARTERLY REPORTS INTO ANNUAL RE-
PORTS.—Effective on January 1, 2017, subsection (f) of such section
1222, as so amended, is further amended—
(1) in the subsection heading, by striking ‘‘QUARTERLY’’ and
inserting ‘‘ANNUAL’’; and
(2) in paragraph (1)—
(A) by striking ‘‘Not later than 90 days’’ and all that
follows through ‘‘in which the authority in subsection (a) is
exercised’’ and inserting ‘‘Not later than March 31 of any
year following a year in which the authority in subsection
(a) is exercised’’; and
(B) by striking ‘‘during the 90-day period ending on the
date of such report’’ and inserting ‘‘during the preceding
year’’.
(c) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) of such sec-
tion 1222, as so amended, is further amended by striking ‘‘During
fiscal years 2013, 2014, 2015, and 2016’’ each place it appears and
inserting ‘‘Through December 31, 2017,’’.
SEC. 1214. SPECIAL IMMIGRANT STATUS FOR CERTAIN AFGHANS.
(a) ALIENS DESCRIBED.—Section 602(b)(2)(A)(ii)(I) of the Af-
ghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended
to read as follows:
‘‘(I)(aa) by, or on behalf of, the United States
Government, in the case of an alien submitting an
application for Chief of Mission approval pursuant
to subparagraph (D) before the date of the enact-
ment of the National Defense Authorization Act for
Fiscal Year 2017; or
‘‘(bb) by, or on behalf of, the United States
Government, in the case of an alien submitting an
application for Chief of Mission approval pursuant
to subparagraph (D) on or after the date of the en-
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actment of the National Defense Authorization Act

for Fiscal Year 2017, which employment required
the alien—

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 484

‘‘(AA) to serve as an interpreter or trans-

lator for personnel of the Department of State
or the United States Agency for International
Development in Afghanistan, particularly
while traveling away from United States em-
bassies or consulates with such personnel;
‘‘(BB) to serve as an interpreter or trans-
lator for United States military personnel in
Afghanistan, particularly while traveling off-
base with such personnel; or
‘‘(CC) to perform sensitive and trusted ac-
tivities for the United States Government in
Afghanistan; or’’.
(b) NUMERICAL LIMITATIONS.—Section 602(b)(3)(F) of such Act
is amended—
(1) in the matter preceding clause (i), by striking ‘‘7,000’’
and inserting ‘‘8,500’’; and
(2) in each of clauses (i) and (ii), by striking ‘‘December 31,
2016;’’ and inserting ‘‘December 31, 2020’’.
(c) REPORT.—Section 602(b)(14) of such Act is amended—
(1) by striking ‘‘Not later than 60 days after the date of the
enactment of this paragraph,’’ and inserting ‘‘Not later than De-
cember 31, 2016, and annually thereafter through January 31,
2021,’’; and
(2) in subparagraph (A)(i), by striking ‘‘under this section;’’
and inserting ‘‘under subclause (I) or (II)(bb) of paragraph
(2)(A)(ii);’’.
SEC. 1215. MODIFICATION TO SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
(a) REPORTS REQUIRED.—Subsection (a)(2) of section 1225 of
the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128
Stat. 3550) is amended by striking ‘‘December 15, 2017’’ and insert-
ing ‘‘December 15, 2019’’.
(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section
is amended by adding at the end the following:
‘‘(8) AFGHAN PERSONNEL AND PAY SYSTEM.—A description
of the status of the implementation of the Afghan Personnel and
Pay System (APPS) at the Afghan Ministry of Interior and the
Afghan Ministry of Defense for personnel funds provided
through the Afghanistan Security Forces Fund, including, with
respect to each such Ministry—
‘‘(A) the expected completion date for full implementa-
tion of the APPS;
‘‘(B) the extent to which the APPS is being utilized;
‘‘(C) an explanation of any challenges or delays affect-
ing full implementation of the APPS;
‘‘(D) a description of the steps taken to mitigate fraud,
waste, and abuse in the disbursement of personnel funds
prior to full implementation of the APPS; and
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‘‘(E) an estimate of cost savings by reason of full imple-

mentation of the APPS.’’.

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 485
SEC. 1216. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS
AND PROJECTS OF THE DEPARTMENT OF DEFENSE IN AF-
GHANISTAN THAT CANNOT BE SAFELY ACCESSED BY
UNITED STATES GOVERNMENT PERSONNEL.
(a) PROHIBITION.—
(1) IN GENERAL.—Amounts available to the Department of
Defense may not be obligated or expended for a construction or
other infrastructure program or project of the Department in Af-
ghanistan if military or civilian personnel of the United States
Government or their representatives with authority to conduct
oversight of such program or project cannot safely access such
program or project.
(2) APPLICABILITY.—Paragraph (1) shall apply only with re-
spect to a program or project that is initiated on or after the
date of the enactment of this Act.
(b) WAIVER.—
(1) IN GENERAL.—The prohibition in subsection (a) may be
waived with respect to a program or project otherwise covered
by that subsection if a determination described in paragraph (2)
is made as follows:
(A) In the case of a program or project with an esti-
mated lifecycle cost of less than $1,000,000, by the con-
tracting officer assigned to oversee the program or project.
(B) In the case of a program or project with an esti-
mated lifecycle cost of $1,000,000 or more, but less than
$20,000,000, by the Commander of the Combined Security
Transition Command-Afghanistan.
(C) In the case of a program or project with an esti-
mated lifecycle cost of $20,000,000 or more, but less than
$40,000,000, by the Commander of United States Forces-Af-
ghanistan.
(D) In the case of a program or project with an esti-
mated lifecycle cost of $40,000,000 or more, by the Sec-
retary of Defense.
(2) DETERMINATION.—A determination described in this
paragraph with respect to a program or project is a determina-
tion of each of the following:
(A) That the program or project clearly contributes to
United States national interests or strategic objectives.
(B) That the Government of Afghanistan has requested
or expressed a need for the program or project.
(C) That the program or project has been coordinated
with the Government of Afghanistan, and with any other
implementing agencies or international donors.
(D) That security conditions permit effective implemen-
tation and oversight of the program or project.
(E) That the program or project includes safeguards to
detect, deter, and mitigate corruption and waste, fraud,
and abuse of funds.
(F) That adequate arrangements have been made for
the sustainment of the program or project following its
completion, including arrangements with respect to funding
and technical capacity for sustainment.
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(G) That meaningful metrics have been established to

measure the progress and effectiveness of the program or
project in meeting its objectives.

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 486

(3) NOTICE ON CERTAIN WAIVERS.—In the event a waiver is

issued under paragraph (1) for a program or project described
in subparagraph (D) of that paragraph, the Secretary of De-
fense shall notify Congress of the waiver not later than 15 days
after the issuance of the waiver.
SEC. 1217. IMPROVEMENT OF OVERSIGHT OF UNITED STATES GOVERN-
MENT EFFORTS IN AFGHANISTAN.
(a) REPORT ON IG OVERSIGHT ACTIVITIES IN AFGHANISTAN
DURING FISCAL YEAR 2017.—Not later than 60 days after the date
of the enactment of this Act, the Lead Inspector General for Oper-
ation Freedom’s Sentinel, as designated pursuant to section 8L of
the Inspector General Act of 1978 (5 U.S.C. App.), shall, in coordi-
nation with the Inspector General of the Department of State, the
Inspector General of the United States Agency for International De-
velopment, and the Special Inspector General for Afghanistan Re-
construction, submit to the appropriate committees of Congress a re-
port on the oversight activities of United States Inspectors General
in Afghanistan planned for fiscal year 2017.
(b) ELEMENTS.—The report required by subsection (a) shall in-
clude the following:
(1) A description of the requirements, responsibilities, and
focus areas of each Inspector General of the United States plan-
ning to conduct oversight activities in Afghanistan during fiscal
year 2017.
(2) A comprehensive list of the funding to be used for the
oversight activities described in paragraph (1).
(3) A list of the oversight activities and products antici-
pated to be produced by each Inspector General of the United
States in connection with oversight activities in Afghanistan
during fiscal year 2017.
(4) An identification of any anticipated overlap among the
planned oversight activities of Inspectors General of the United
States in Afghanistan during fiscal year 2017, and a justifica-
tion for such overlap.
(5) A description of the processes by which the Inspectors
General of the United States coordinate and reduce
redundancies in requests for information to United States Gov-
ernment officials executing funds in Afghanistan.
(6) A description of the specific professional standards ex-
pected to be used to ensure the quality of different types of prod-
ucts issued by the Inspectors General regarding Afghanistan,
including periodic reports to Congress and audits of Federal es-
tablishments, organizations, programs, activities, and func-
tions.
(7) Any other matters the Lead Inspector General for Oper-
ation Freedom’s Sentinel considers appropriate.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, and the Committee Appropriations of the
Senate; and
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(2) the Committee on Armed Services, the Committee on

Foreign Affairs, the Committee on Homeland Security, and the
Committee Appropriations of the House of Representatives.

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 487
SEC. 1218. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIM-
BURSEMENT OF CERTAIN COALITION NATIONS FOR SUP-
PORT PROVIDED TO UNITED STATES MILITARY OPER-
ATIONS.
(a) EXTENSION.—Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110–
181; 122 Stat. 393), as most recently amended by section 1212 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 1043), is further amended by striking ‘‘fiscal
year 2016’’ and inserting ‘‘the period beginning on October 1, 2016,
and ending on December 31, 2017,’’.
(b) MODIFICATION OF AUTHORITIES.—Such section, as so
amended, is further amended—
(1) in subsection (a), by striking ‘‘the Secretary of Defense
may reimburse any key cooperating nation’’ and all that follows
and inserting ‘‘the Secretary of Defense may reimburse—
‘‘(1) any key cooperating nation (other than Pakistan) for—
‘‘(A) logistical and military support provided by that
nation to or in connection with United States military oper-
ations in Afghanistan, Iraq, or Syria; and
‘‘(B) logistical, military, and other support, including
access, provided by that nation to or in connection with
United States military operations described in subpara-
graph (A); and
‘‘(2) Pakistan for certain activities meant to enhance the se-
curity situation in the Afghanistan-Pakistan border region and
for counterterrorism.’’; and
(2) in subsection (b), by striking ‘‘in Iraq or in Operation
Enduring Freedom in Afghanistan’’ and inserting ‘‘in Afghani-
stan, Iraq, or Syria’’.
(c) LIMITATION ON AMOUNTS AVAILABLE.—Subsection (d)(1) of
such section, as so amended, is further amended—
(1) in the second sentence, by striking ‘‘during fiscal year
2016 may not exceed $1,160,000,000’’ and inserting ‘‘during the
period beginning on October 1, 2016, and ending on December
31, 2017, may not exceed $1,100,000,000’’;
(2) in the third sentence, by striking ‘‘fiscal year 2016’’ and
inserting ‘‘the period beginning on October 1, 2016, and ending
on December 31, 2017,’’; and
(3) by striking the first sentence.
(d) REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCE-
MENT ACTIVITIES.—Such section, as so amended, is further amend-
ed—
(1) by redesignating subsections (e), (f), and (g) as sub-
sections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following:
‘‘(e) REIMBURSEMENT OF PAKISTAN FOR SECURITY ENHANCE-
MENT ACTIVITIES.—
‘‘(1) ACTIVITIES.—Reimbursement authorized by subsection
(a)(2) may be provided for activities as follows:
‘‘(A) Counterterrorism activities, including the fol-
lowing:
‘‘(i) Eliminating infrastructure, training areas, and
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sanctuaries used by terrorist groups, and preventing

the establishment of new or additional infrastructure,
training areas, and sanctuaries.

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 488

‘‘(ii) Direct action against individuals that are in-

volved in or supporting terrorist activities.
‘‘(iii) Any other activity recognized by the Secretary
of Defense as a counterterrorism activity for purposes
of subsection (a)(2).
‘‘(B) Border security activities along the Afghanistan-
Pakistan border, including the following:
‘‘(i) Building and maintaining border outposts.
‘‘(ii) Strengthening cooperative efforts between the
Pakistan military and the Afghan National Defense
and Security Forces, including border security coopera-
tion.
‘‘(iii) Maintaining access to and securing key
ground lines of communication.
‘‘(iv) Providing training and equipment for the
Pakistan Frontier Corps Khyber Pakhtunkhwa.
‘‘(v) Improving interoperability between the Paki-
stan military and the Pakistan Frontier Corps Khyber
Pakhtunkhwa.
‘‘(C) Any activities carried out by the Pakistan military
that the Secretary of Defense determines and reports to the
appropriate congressional committees have enhanced the se-
curity of United States personnel stationed in Afghanistan
or enhanced the effectiveness of United States military per-
sonnel in conducting counterterrorism operations and
training, advising, and assisting the Afghan National De-
fense and Security Forces.
‘‘(2) REPORT.—Not later than December 31, 2017, the Sec-
retary of Defense shall submit to the appropriate congressional
committees a report on the expenditure of funds under the au-
thority in subsection (a)(2), including a description of the fol-
lowing:
‘‘(A) The purpose for which such funds were expended.
‘‘(B) Each organization on whose behalf such funds
were expended, including the amount expended on such or-
ganization and the number of members of such organiza-
tion supported by such amount.
‘‘(C) Any limitation imposed on the expenditure of
funds under subsection (a)(2), including on any recipient of
funds or any use of funds expended.
‘‘(3) INFORMATION ON CLAIMS DISALLOWED OR DEFERRED BY
THE UNITED STATES.—
‘‘(A) IN GENERAL.—The Secretary of Defense shall sub-
mit to the appropriate congressional committees, in the
manner specified in subparagraph (B), an itemized descrip-
tion of the costs claimed by the Government of Pakistan for
activities specified in paragraph (1) provided by Govern-
ment of Pakistan to the United States for which the United
States will disallow or defer reimbursement to the Govern-
ment of Pakistan under the authority in subsection (a)(2).
‘‘(B) MANNER OF SUBMITTAL.—
‘‘(i) IN GENERAL.—To the maximum extent prac-
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ticable, the Secretary shall submit each itemized de-

scription of costs required by subparagraph (A) not
later than 180 days after the date on which a decision

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to disallow or defer reimbursement for the costs

claimed is made.
‘‘(ii) FORM.—Each itemized description of costs
under clause (i) shall be submitted in an unclassified
form, but may include a classified annex.’’.
(e) EXTENSION OF NOTICE REQUIREMENT RELATING TO REIM-
BURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—
Section 1232(b)(6) of the National Defense Authorization Act for Fis-
cal Year 2008 (122 Stat. 393), as most recently amended by section
1212(c) of the National Defense Authorization Act for Fiscal Year
2016 (129 Stat. 1043), is further amended by striking ‘‘September
30, 2016’’ and inserting ‘‘December 31, 2017’’.
(f) EXTENSION OF LIMITATION ON REIMBURSEMENT OF PAKISTAN
PENDING CERTIFICATION ON PAKISTAN.—Section 1227(d)(1) of the
National Defense Authorization Act for Fiscal Year 2013 (Public
Law 112–239; 126 Stat. 2001), as most recently amended by section
1212(d) of the National Defense Authorization Act for Fiscal Year
2016 (129 Stat. 1043), is further amended by striking ‘‘for fiscal
year 2016 or any prior fiscal year’’ and inserting ‘‘for any period
prior to December 31, 2017’’.
(g) ADDITIONAL LIMITATION ON REIMBURSEMENT OF PAKISTAN
PENDING CERTIFICATION ON PAKISTAN.—Of the total amount of re-
imbursements and support authorized for Pakistan during the pe-
riod beginning on October 1, 2016, and ending on December 31,
2017, pursuant to the third sentence of section 1233(d)(1) of the Na-
tional Defense Authorization Act for Fiscal Year 2008 (as amended
by subsection (b)(2)), $400,000,000 shall not be eligible for the waiv-
er under section 1227(d)(2) of the National Defense Authorization
Act for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of De-
fense certifies to the congressional defense committees that—
(1) Pakistan continues to conduct military operations that
are contributing to significantly disrupting the safe haven and
freedom of movement of the Haqqani Network in Pakistan;
(2) Pakistan has taken steps to demonstrate its commitment
to prevent the Haqqani Network from using any Pakistani terri-
tory as a safe haven;
(3) the Government of Pakistan actively coordinates with
the Government of Afghanistan to restrict the movement of mili-
tants, such as the Haqqani Network, along the Afghanistan-
Pakistan border; and
(4) Pakistan has shown progress in arresting and pros-
ecuting Haqqani Network senior leaders and mid-level
operatives.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION AND EXTENSION OF AUTHORITY TO PRO-
VIDE ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.
(a) IN GENERAL.—Subsection (a) of section 1209 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541)
is amended by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem-
ber 31, 2018’’.
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(b) REPROGRAMMING REQUIREMENT.—Subsection (f) of such sec-

tion, as amended by section 1225(e) of the National Defense Author-
ization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.

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1055), is further amended in paragraph (1) by striking ‘‘December

31, 2016’’ and inserting ‘‘December 31, 2018’’.
SEC. 1222. MODIFICATION AND EXTENSION OF AUTHORITY TO PRO-
VIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF
IRAQ AND THE LEVANT.
(a) AUTHORITY.—Subsection (a) of section 1236 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559)
is amended by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem-
ber 31, 2018’’.
(b) FUNDING.—Subsection (g) of such section, as amended by
section 1223 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 1049), is further amend-
ed—
(1) by striking the first sentence and inserting the fol-
lowing: ‘‘Of the amounts authorized to be appropriated in the
National Defense Authorization Act for Fiscal Year 2017 for
Overseas Contingency Operations in title XV for fiscal year
2017, there are authorized to be appropriated $630,000,000 to
carry out this section.’’; and
(2) by striking the second sentence.
(c) ADDITIONAL ASSESSMENT ON CERTAIN ACTIONS BY GOVERN-
MENT OF IRAQ.—Subsection (l) of such section, as added by section
1223(e) of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114–92; 129 Stat. 1050), is amended in para-
graph (1)(A) by striking ‘‘National Defense Authorization Act for
Fiscal Year 2016’’ and inserting ‘‘National Defense Authorization
Act for Fiscal Year 2017, and annually thereafter’’.
(d) PROHIBITION ON ASSISTANCE AND REPORT ON EQUIPMENT
OR SUPPLIES TRANSFERRED TO OR ACQUIRED BY VIOLENT EXTREM-
IST ORGANIZATIONS.—Subsection (f) of section 1223 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1050) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘, as so amended,’’; and
(B) by inserting ‘‘(and annually thereafter until Decem-
ber 31, 2018)’’ after ‘‘certifies to the appropriate congres-
sional committees, after the date of the enactment of this
Act’’; and
(2) in paragraph (2), by striking ‘‘, as so amended,’’.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUP-
PORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) EXTENSION OF AUTHORITY.—Subsection (f)(1) of section 1215
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112–81; 125 Stat. 1631; 10 U.S.C. 113 note), as most
recently amended by section 1221 of the National Defense Author-
ization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat.
1047), is further amended by striking ‘‘fiscal year 2016’’ and insert-
ing ‘‘fiscal year 2017’’.
(b) LIMITATION ON AMOUNT.—Subsection (c) of such section is
amended—
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(1) by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year

2017’’; and
(2) by striking ‘‘$80,000,000’’ and inserting ‘‘$70,000,000’’.

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 491

(c) SOURCE OF FUNDS.—Subsection (d) of such section is

amended by striking ‘‘fiscal year 2016’’ and inserting ‘‘fiscal year
2017’’.
SEC. 1224. LIMITATION ON PROVISION OF MAN-PORTABLE AIR DE-
FENSE SYSTEMS TO THE VETTED SYRIAN OPPOSITION
DURING FISCAL YEAR 2017.
(a) NOTICE AND WAIT.—If a determination is made during fis-
cal year 2017 to use funds available to the Department of Defense
for that fiscal year to provide man-portable air defense systems
(MANPADs) to the vetted Syrian opposition pursuant to the author-
ity in section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 128 Stat. 3541), such funds may not be used for that
purpose until—
(1) the Secretary of Defense and the Secretary of State joint-
ly submit to the appropriate congressional committees a report
on the determination; and
(2) 30 days elapses after the date of the submittal of such
report to the appropriate congressional committees.
(b) ELEMENTS.—The report under subsection (a) shall set forth
the following:
(1) A description of each element of the vetted Syrian oppo-
sition that will provided man-portable air defense systems as
described in subsection (a), including—
(A) the geographic location of such element;
(B) a detailed intelligence assessment of such element;
(C) a description of the alignment of such element
within the broader conflict in Syria; and
(D) a description and assessment of the assurance, if
any, received by the commander of such element in connec-
tion with the provision of man-portable air defense systems.
(2) The number and type of man-portable air defense sys-
tems to be so provided.
(3) The logistics plan for providing and resupplying each
element to be so provided man-portable air defense systems with
additional man-portable air defense systems.
(4) The duration of support to be provided in connection
with the provision of man-portable air defense systems.
(5) The justification for the provision of man-portable air
defense systems to each element of the vetted Syrian opposition,
including an explanation of the purpose and expected employ-
ment of such systems.
(6) Any other matters that the Secretary of Defense and the
Secretary of State jointly consider appropriate.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ has
the meaning given that term in section 1209(e)(2) of the Carl Levin
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015.
SEC. 1225. MODIFICATION OF ANNUAL REPORT ON MILITARY POWER
OF IRAN.
(a) IN GENERAL.—Section 1245(b)(3) of the National Defense
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Authorization Act for Fiscal Year 2010 (10 U.S.C. 113 note) is
amended by striking subparagraph (F) and inserting the following
new subparagraph (F):

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 492

‘‘(F) Iran’s cyber capabilities, including—

‘‘(i) Iran’s ability to use proxies and other actors to
mask its cyber operations;
‘‘(ii) Iran’s ability to target United States govern-
mental and nongovernmental entities and activities;
and
‘‘(iii) cooperation with or assistance from state and
non-state actors in support or enhancement of Iran’s
cyber capabilities;’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 2018, and shall apply with respect
to reports required to be submitted under section 1245 of the Na-
tional Defense Authorization Act for Fiscal Year 2010 on or after
that date.
SEC. 1226. QUARTERLY REPORT ON CONFIRMED BALLISTIC MISSILE
LAUNCHES FROM IRAN.
(a) QUARTERLY REPORT ON CONFIRMED LAUNCHES.—Not later
than the last day of the first fiscal year quarter beginning after the
date of the enactment of this Act, and every 90 days thereafter, the
Director of National Intelligence shall submit to the appropriate
committees of Congress a report describing any confirmed ballistic
missile launch by Iran during the previous calendar quarter.
(b) QUARTERLY REPORT ON IMPOSITION OF SANCTIONS IN CON-
NECTION WITH LAUNCHES.—Not later than the last day of the sec-
ond fiscal year quarter beginning after the date of the enactment of
this Act, and every 90 days thereafter, the Secretary of State and the
Secretary of Treasury shall jointly submit to the appropriate com-
mittees of Congress a report setting forth a description of the fol-
lowing:
(1) The efforts, if any, to impose unilateral sanctions
against appropriate entities or individuals in connection with a
confirmed ballistic missile launch from Iran.
(2) The diplomatic efforts, if any, to impose multilateral
sanctions against appropriate entities or individuals in connec-
tion with such a confirmed ballistic missile launch.
(3) Any other matters the Secretaries consider appropriate.
(c) CONCURRENT SUBMITTAL OF QUARTERLY REPORTS.—The re-
port on a calendar quarter under subsection (a) shall be submitted
concurrently with the report on the calendar quarter under sub-
section (b).
(d) FORM.—Each report under this section shall, to the extent
practicable, be submitted in unclassified form, but may include a
classified annex.
(e) SUNSET.—No report is required under this section after De-
cember 31, 2019.
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
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Foreign Affairs, the Committee on Financial Services, and the

Permanent Select Committee on Intelligence of the House of
Representatives.

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Subtitle D—Matters Relating to the Russian Federation

SEC. 1231. MILITARY RESPONSE OPTIONS TO RUSSIAN FEDERATION
VIOLATION OF INF TREATY.
An amount equal to $10,000,000 of the amount authorized to be
appropriated or otherwise made available to the Department of De-
fense for fiscal year 2017 to provide support services to the Executive
Office of the President shall be withheld from obligation or expendi-
ture until the Secretary of Defense completes the meaningful devel-
opment of the military capabilities described in paragraph (1) of
section 1243(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 1062), as required to be
addressed in the plan under that paragraph, in accordance with the
requirements described in paragraph (3) of such section.
SEC. 1232. LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
(a) LIMITATION.—None of the funds authorized to be appro-
priated for fiscal year 2017 for the Department of Defense may be
used for any bilateral military-to-military cooperation between the
Governments of the United States and the Russian Federation until
the Secretary of Defense, in coordination with the Secretary of State,
certifies to the appropriate congressional committees that—
(1) the Russian Federation has ceased its occupation of
Ukrainian territory and its aggressive activities that threaten
the sovereignty and territorial integrity of Ukraine and mem-
bers of the North Atlantic Treaty Organization; and
(2) the Russian Federation is abiding by the terms of and
taking steps in support of the Minsk Protocols regarding a
ceasefire in eastern Ukraine.
(b) NONAPPLICABILITY.—The limitation in subsection (a) shall
not apply to—
(1) any activities necessary to ensure the compliance of the
United States with its obligations or the exercise of rights of the
United States under any bilateral or multilateral arms control
or nonproliferation agreement or any other treaty obligation of
the United States; and
(2) any activities required to provide logistical or other sup-
port to the conduct of United States or North Atlantic Treaty
Organization military operations in Afghanistan or the with-
drawal from Afghanistan.
(c) WAIVER.—The Secretary of Defense may waive the limitation
in subsection (a) if the Secretary of Defense, in coordination with the
Secretary of State—
(1) determines that the waiver is in the national security in-
terest of the United States; and
(2) submits to the appropriate congressional committees—
(A) a notification that the waiver is in the national se-
curity interest of the United States and a description of the
national security interest covered by the waiver; and
(B) a report explaining why the Secretary of Defense
cannot make the certification under subsection (a).
(d) EXCEPTION FOR CERTAIN MILITARY BASES.—The certifi-
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cation requirement specified in paragraph (1) of subsection (a) shall

not apply to military bases of the Russian Federation in Ukraine’s
Crimean peninsula operating in accordance with its 1997 agreement

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 494

on the Status and Conditions of the Black Sea Fleet Stationing on

the Territory of Ukraine.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1233. EXTENSION AND MODIFICATION OF AUTHORITY ON TRAIN-
ING FOR EASTERN EUROPEAN NATIONAL MILITARY
FORCES IN THE COURSE OF MULTILATERAL EXERCISES.
(a) FORCES ELIGIBLE FOR TRAINING.—Subsection (a) of section
1251 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114–92; 129 Stat. 1070; 10 U.S.C. 2282 note) is amend-
ed by striking ‘‘national military forces’’ and inserting ‘‘national se-
curity forces’’.
(b) ADDITIONAL SOURCE OF FUNDING.—Subsection (d)(2) of such
section is amended by adding at the end the following new subpara-
graph:
‘‘(C) Amounts authorized to be appropriated for a fiscal
year for overseas contingency operations for operation and
maintenance, Army, and available for additional activities
for the European Deterrence Initiative for that fiscal year.’’.
(c) ONE-YEAR EXTENSION.—Subsection (h) of such section is
amended—
(1) by striking ‘‘September 30, 2017’’ and inserting ‘‘Sep-
tember 30, 2018’’; and
(2) by striking ‘‘through 2017’’ and inserting ‘‘through
2018’’.
(d) CONFORMING AMENDMENT.—The heading of such section is
amended to read as follows:
‘‘SEC. 1251. TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY
FORCES IN THE COURSE OF MULTILATERAL EXERCISES.’’.
SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER CRI-
MEA.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 2017
for the Department of Defense may be obligated or expended to im-
plement any activity that recognizes the sovereignty of the Russian
Federation over Crimea.
(b) WAIVER.—The Secretary of Defense, with the concurrence of
the Secretary of State, may waive the restriction on the obligation
or expenditure of funds required by subsection (a) if the Secretary—
(1) determines that to do so is in the national security inter-
est of the United States; and
(2) submits to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the Com-
mittee on Armed Services and the Committee on Foreign Affairs
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of the House of Representatives a notification of the waiver at

the time the waiver is invoked.

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 495
SEC. 1235. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOP-
MENTS INVOLVING THE RUSSIAN FEDERATION.
(a) ADDITIONAL MATTERS TO BE INCLUDED IN REPORT.—Sub-
section (b) of section 1245 of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113–291; 128 Stat. 3566), as amended by section 1248
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114–92; 129 Stat. 1066), is further amended—
(1) by redesignating paragraphs (10) through (18) as para-
graphs (12) through (20), respectively;
(2) by inserting after paragraph (9) the following new para-
graphs:
‘‘(10) In consultation with the Secretary of State, the Sec-
retary of the Treasury, and the Director of National Intel-
ligence, an assessment of Russia’s diplomatic, economic, and in-
telligence operations in Ukraine.
‘‘(11) A summary of all Russian foreign military deploy-
ments, as of the date that is one month before the date of sub-
mission of the report, including for each deployment the esti-
mated number of forces deployed, the types of capabilities de-
ployed (including any advanced weapons), the length of deploy-
ment as of such date, and, if known, any basing agreement with
the host nation.’’;
(3) by striking paragraph (14), as redesignated by para-
graph (1) of this subsection, and inserting the following new
paragraph:
‘‘(14) An analysis of the nuclear strategy and associated
doctrine of Russia and of the capabilities, range, and readiness
of all Russian nuclear systems and delivery methods.’’; and
(4) in paragraph (18)(B), as redesignated by paragraph (1)
of this subsection, by striking ‘‘day before the date of submission
of the report’’ and inserting ‘‘date that is one month before the
date of submission of the report’’.
(b) PUBLISHING REQUIREMENT.—Such section is further amend-
ed—
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) PUBLISHING REQUIREMENT.—Upon submission of the report
required under subsection (a) in both classified and unclassified
form, the Secretary of Defense shall publish the unclassified form on
the website of the Department of Defense.’’.
(c) SUNSET.—Subsection (g) of such section, as redesignated by
subsection (b)(1) of this section, is amended by striking ‘‘June 1,
2018’’ and inserting ‘‘January 31, 2021’’.
SEC. 1236. LIMITATION ON USE OF FUNDS TO VOTE TO APPROVE OR
OTHERWISE ADOPT ANY IMPLEMENTING DECISION OF
THE OPEN SKIES CONSULTATIVE COMMISSION AND RE-
LATED REQUIREMENTS.
(a) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available by this Act or any other Act for
fiscal year 2017 or any subsequent fiscal year may be used to vote
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to approve or otherwise adopt any implementing decision of the

Open Skies Consultative Commission pursuant to Article X of the
Open Skies Treaty to authorize approval of requests by state parties

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 496

to the Treaty to certify infra-red or synthetic aperture radar sensors

pursuant to Article IV of the Treaty unless and until the Secretary
of Defense, jointly with the relevant United States Government offi-
cials, submits to the appropriate congressional committees the fol-
lowing:
(1) A certification that the implementing decision would not
be detrimental or otherwise harmful to the national security of
the United States.
(2) A report on the Open Skies Treaty that includes the fol-
lowing:
(A) The annual costs to the United States associated
with countermeasures to combat potential abuses of obser-
vation flights by the Russian Federation carried out under
the Treaty over European and United States territories in-
volving infra-red or synthetic aperture radar sensors.
(B) A plan, and its estimated comparative cost, to re-
place the Treaty architecture with a more robust sharing of
overhead commercial imagery, consistent with United
States national security, with covered state parties, exclud-
ing the Russian Federation.
(C) An evaluation by the Director of National Intel-
ligence of matters concerning how an observation flight de-
scribed in subparagraph (A) could implicate intelligence ac-
tivities of the Russian Federation in the United States and
United States counterintelligence activities and
vulnerabilities.
(D) An assessment of how such information is used by
the Russian Federation, for what purpose, and how the in-
formation fits into the Russian Federation’s overall collec-
tion posture.
(b) CERTIFICATION.—Not later than 90 days before the date on
which the United States votes to approve or otherwise adopt any im-
plementing decision of the Open Skies Consultative Commission as
described in subsection (a), the Secretary of State shall—
(1) submit to the appropriate congressional committees a
certification that—
(A) the Russian Federation—
(i) is not taking any actions that are inconsistent
with the terms of the Open Skies Treaty;
(ii) is not exceeding the imagery limits set forth in
the Treaty; and
(iii) is allowing observation flights by covered state
parties over all of Moscow, Chechnya, Kaliningrad and
within 10 kilometers of its border with Georgia’s occu-
pied territories of Abkhazia and South Ossetia without
restriction and without inconsistency to requirements
under the Treaty; and
(B) covered state parties have been notified and briefed
on concerns of the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) regarding infra-red or synthetic aperture radar sen-
sors used under the Open Skies Treaty; or
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(2) if the Secretary of State is unable to make a certification

under paragraph (1), submit to the appropriate congressional
committees a report that contains the reasons why the Secretary

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 497

cannot make such certification and a justification why it is in

the national interest of the United States to vote to approve or
otherwise adopt such implementing decision.
(c) QUARTERLY REPORT.—
(1) IN GENERAL.—The Secretary of Defense, jointly with the
Secretary of Energy, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and the Direc-
tor of National Intelligence, shall submit to the appropriate con-
gressional committees on a quarterly basis a report on all obser-
vation flights by the Russian Federation over the United States
during the preceding calendar quarter.
(2) CONTENTS.—The report required under paragraph (1)
shall include the following with respect to each such observa-
tion flight:
(A) A description of the flight path.
(B) An analysis of whether and the extent to which any
United States critical infrastructure was the subject of
image capture activities of such observation flight.
(C) An estimate for the mitigation costs imposed on the
Department of Defense or other United States Government
agencies by such observation flight.
(D) An assessment of how such information is used by
the Russian Federation, for what purpose, and how the in-
formation fits into the Russian Federation’s overall collec-
tion posture.
(3) SUNSET.—The requirements of this subsection shall ter-
minate 5 years after the date of the enactment of this Act.
(d) ADDITIONAL LIMITATION.—
(1) IN GENERAL.—Not more than 65 percent of the funds
authorized to be appropriated or otherwise made available by
this Act or any other Act for fiscal year 2017 may be used to
carry out any activities to implement the Open Skies Treaty
until the requirements described in paragraph (2) are met.
(2) REQUIREMENTS DESCRIBED.—The requirements de-
scribed in this paragraph are the following:
(A) The Director of National Intelligence and the Direc-
tor of the National Geospatial-Intelligence Agency jointly
submit to the appropriate congressional committees a report
on the following:
(i) Whether it is possible, consistent with United
States national security interests, to provide enhanced
access to United States commercial imagery or other
United States capabilities, consistent with the protec-
tion of sources and methods and United States na-
tional security, to covered state parties that is quali-
tatively similar to that derived by observation flights
over the territory of the United States or over the terri-
tory of a covered state party under the Open Skies
Treaty, on a more timely basis.
(ii) What the cost would be to provide enhanced ac-
cess to such commercial imagery or other capabilities
as compared to the current imagery sharing through
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the Treaty.
(iii) Whether any new agreements would be needed
to provide enhanced access to such commercial imagery

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or other capabilities and what would be required to ob-

tain such agreements.
(iv) Whether transitioning to such commercial im-
agery or other capabilities from the current imagery
sharing through the Treaty would reduce opportunities
by the Russian Federation to exceed imagery limits and
reduce utility for Russian intelligence collection against
the United States or covered state parties.
(v) How such commercial imagery or other capa-
bilities would compare to the current imagery sharing
through the Treaty.
(B) The Secretary of State, in consultation with the Di-
rector of the National Geospatial Intelligence Agency and
the Secretary of Defense, submits to the appropriate con-
gressional committees a report that—
(i) details the costs for implementation of the Open
Skies Treaty, including—
(I) mitigation costs relating to national secu-
rity; and
(II) aircraft, sensors, and related overhead and
implementation costs for covered state parties; and
(ii) describes the impact on contributions and par-
ticipation by covered state parties and relationships
among covered state parties in the context of the Open
Skies Treaty, the North Atlantic Treaty Organization,
and any other venues for United States partnership
dialogue and activity.
(e) FORM.—Each certification, report, and notice required under
this section shall be submitted in unclassified form, but may con-
tain a classified annex if necessary.
(f) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) COVERED STATE PARTY.—The term ‘‘covered state party’’
means a foreign country that—
(A) is a state party to the Open Skies Treaty; and
(B) is a United States ally.
(3) INFRA-RED OR SYNTHETIC APERTURE RADAR SENSOR.—
The term ‘‘infra-red or synthetic aperture radar sensor’’ means
a sensor that is classified as—
(A) an infra-red line-scanning device under category C
of paragraph 1 of Article IV of the Open Skies Treaty; or
(B) a sideways-looking synthetic aperture radar under
category D of paragraph 1 of Article IV of the Open Skies
Treaty.
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(4) OBSERVATION FLIGHT.—The term ‘‘observation flight’’

has the meaning given such term in Article II of the Open Skies
Treaty.

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(5) OPEN SKIES TREATY; TREATY.—The term ‘‘Open Skies

Treaty’’ or ‘‘Treaty’’ means the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January 1,
2002.
(6) RELEVANT UNITED STATES GOVERNMENT OFFICIALS.—
The term ‘‘relevant United States Government officials’’ means
the following:
(A) The Secretary of Energy.
(B) The Secretary of Homeland Security.
(C) The Director of the Federal Bureau of Investigation.
(D) The Director of National Intelligence.
(E) The Commander of U.S. Strategic Command and
the Commander of U.S. Northern Command in the case of
an observation flight over the territory of the United States.
(F) The Commander of U.S. European Command in
the case of an observation flight other than an observation
flight described in subparagraph (E).
(7) SENSOR.—The term ‘‘sensor’’ has the meaning given
such term in Article II of the Open Skies Treaty.
SEC. 1237. EXTENSION AND ENHANCEMENT OF UKRAINE SECURITY AS-
SISTANCE INITIATIVE.
(a) FUNDING.—Section 1250 of the National Defense Authoriza-
tion Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068)
is amended—
(1) in subsection (a), by striking ‘‘Of the amounts’’ and all
that follows through ‘‘shall be available to’’ and inserting
‘‘Amounts available for a fiscal year under subsection (f) shall
be available to’’;
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) FUNDING.—From amounts authorized to be appropriated for
the fiscal year concerned for the Department of Defense for overseas
contingency operations, up to the following shall be available for
purposes of subsection (a):
‘‘(1) For fiscal year 2016, $300,000,000.
‘‘(2) For fiscal year 2017, $350,000,000.’’.
(b) ADDITIONAL AUTHORIZED ASSISTANCE.—Subsection (b) of
such section is amended by adding at the end the following new
paragraphs:
‘‘(10) Equipment and technical assistance to the State Bor-
der Guard Service of Ukraine for the purpose of developing a
comprehensive border surveillance network for Ukraine.
‘‘(11) Training for staff officers and senior leadership of the
military.’’.
(c) AVAILABILITY OF FUNDS.—Subsection (c) of such section is
amended—
(1) by striking paragraphs (1) and (2) and inserting the fol-
lowing new paragraphs:
‘‘(1) ASSISTANCE FOR UKRAINE.—Not more than
$175,000,000 of the funds available for fiscal year 2017 pursu-
ant to subsection (f)(2) may be used for purposes of subsection
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(a) until the certification described in paragraph (2) is made.

‘‘(2) CERTIFICATION.—The certification described in this
paragraph is a certification by the Secretary of Defense, in co-

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 500

ordination with the Secretary of State, that the Government of

Ukraine has taken substantial actions to make defense institu-
tional reforms, in such areas as civilian control of the military,
cooperation and coordination with Verkhovna Rada efforts to
exercise oversight of the Ministry of Defense and military forces,
increased transparency and accountability in defense procure-
ment, and improvement in transparency, accountability, and
potential opportunities for privatization in the defense indus-
trial sector, for purposes of decreasing corruption, increasing
accountability, and sustaining improvements of combat capa-
bility enabled by assistance under subsection (a). The certifi-
cation shall include an assessment of the substantial actions
taken to make such defense institutional reforms and the areas
in which additional action is needed.’’;
(2) in paragraph (3), by striking the matter preceding sub-
paragraph (A) and inserting the following:
‘‘(3) OTHER PURPOSES.—If in fiscal year 2017 funds are not
available for purposes of subsection (a) by reason of the lack of
a certification described in paragraph (2), such funds may be
used in that fiscal year for the purposes as follows, with not
more than $100,000,000 available for the purposes as follows
for any particular country:’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) NOTICE TO CONGRESS.—Not later than 15 days before
providing assistance or support under paragraph (3), the Sec-
retary of Defense shall submit to the congressional defense com-
mittees, the Committee on Foreign Relations of the Senate, and
the Committee on Foreign Affairs of the House of Representa-
tives a notification containing the following:
‘‘(A) The recipient foreign country.
‘‘(B) A detailed description of the assistance or support
to be provided, including—
‘‘(i) the objectives of such assistance or support;
‘‘(ii) the budget for such assistance or support; and
‘‘(iii) the expected or estimated timeline for delivery
of such assistance or support.
‘‘(C) Such other matters as the Secretary considers ap-
propriate.’’.
(d) CONSTRUCTION WITH OTHER AUTHORITY.—Such section is
further amended by inserting after subsection (f), as amended by
subsection (a)(3) of this section, the following new subsection (g):
‘‘(g) CONSTRUCTION WITH OTHER AUTHORITY.—The authority to
provide assistance and support pursuant to subsection (a), and the
authority to provide assistance and support under subsection (c), is
in addition to authority to provide assistance and support under
title 10, United States Code, the Foreign Assistance Act of 1961, the
Arms Export Control Act, or any other provision of law.’’.
(e) EXTENSION.—Subsection (h) of such section, as redesignated
by subsection (a)(2) of this section, is amended by striking ‘‘Decem-
ber 31, 2017’’ and inserting ‘‘December 31, 2018’’.
(f) EXTENSION OF REPORTS ON MILITARY ASSISTANCE TO
UKRAINE.—Section 1275(e) of the Carl Levin and Howard P. ‘‘Buck’’
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McKeon National Defense Authorization Act for Fiscal Year 2015

(Public Law 113–291; 128 Stat. 3592), as amended by section
1250(g) of the National Defense Authorization Act for Fiscal Year

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2016, is further amended by striking ‘‘December 31, 2017’’ and in-

serting ‘‘January 31, 2021’’.
SEC. 1238. REPORTS ON INF TREATY AND OPEN SKIES TREATY.
(a) REPORTS.—Not later than 90 days after the date of the en-
actment of this Act, the Chairman of the Joint Chiefs of Staff shall
submit to the appropriate congressional committees the following re-
ports:
(1) A report on the Open Skies Treaty containing—
(A) an assessment, conducted by the Chairman jointly
with the Secretary of Defense and the Secretary of State, of
whether and why the Treaty remains in the national secu-
rity interest of the United States, including if there are
compliance concerns related to implementation of the Trea-
ty by the Russian Federation;
(B) a specific plan by the Chairman jointly with the
Secretary of Defense and the Secretary of State on rem-
edying any such compliance concerns; and
(C) a military assessment conducted by the Chairman
of such compliance concerns.
(2) A report on the INF Treaty containing—
(A) an assessment, conducted by the Chairman jointly
with the Secretary of Defense and the Secretary of State, of
whether and why the Treaty remains in the national secu-
rity interest of the United States, including how any ongo-
ing violations bear on the assessment if such a violation is
not resolved in the near-term;
(B) a specific plan by the Chairman jointly with the
Secretary of Defense and the Secretary of State to remedy
violation of the Treaty by the Russian Federation, and a
judgment of whether the Russian Federation intends to
take the steps required to establish verifiable evidence that
the Russian Federation has resumed its compliance with
the Treaty if such non-compliance and inconsistencies are
not resolved by the date of the enactment of this Act; and
(C) a military assessment conducted by the Chairman
of the risks posed by violation of the Treaty by the Russian
Federation.
(b) UPDATE.—Not later than February 15, 2018, the Chairman,
the Secretary of Defense, and the Secretary of State shall jointly
submit to the appropriate congressional committees an update to
each report under subsection (a).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on Intel-
ligence of the Senate.
(2) The term ‘‘INF Treaty’’ means the Treaty Between the
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United States of America and the Union of Soviet Socialist Re-

publics on the Elimination of Their Intermediate-Range and
Shorter-Range Missiles, commonly referred to as the ‘‘Inter-

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 502

mediate-Range Nuclear Forces (INF) Treaty’’, signed at Wash-

ington December 8, 1987, and entered into force June 1, 1988.
(3) The term ‘‘Open Skies Treaty’’ means the Treaty on
Open Skies, done at Helsinki March 24, 1992, and entered into
force January 1, 2002.
Subtitle E—Reform of Department of Defense Security
Cooperation
SEC. 1241. ENACTMENT OF NEW CHAPTER FOR DEFENSE SECURITY
COOPERATION.
(a) STATUTORY REORGANIZATION.—Part I of subtitle A of title
10, United States Code, is amended—
(1) by redesignating chapters 13, 15, 17, and 18 as chapters
12, 13, 14, and 15, respectively;
(2) by redesignating sections 261, 311, 312, 331, 332, 333,
334, 335, 351, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380,
381, 382, 383, and 384 (as added by section 1011 of this Act)
as sections 241, 246, 247, 251, 252, 253, 254, 255, 261, 271,
272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, and
284, respectively; and
(3) by inserting after chapter 15, as redesignated by para-
graph (1), the following new chapter:
‘‘CHAPTER 16—SECURITY COOPERATION
‘‘Subchapter Sec.
‘‘I. General Matters ............................................................................................ 301
‘‘II. Military-to-Military Engagements .......................................................... 311
‘‘III. Training With Foreign Forces ............................................................... 321
‘‘IV. Support for Operations and Capacity Building ................................ 331
‘‘V. Educational and Training Activities .................................................... 341
‘‘VI. Limitations on Use of Department of Defense Funds ....................... 361
‘‘VII. Administrative and Miscellaneous Matters ....................................... 381
‘‘SUBCHAPTER I—GENERAL MATTERS
‘‘Sec.
‘‘301. Definitions.

‘‘§ 301. Definitions

‘‘In this chapter:
‘‘(1) The terms ‘appropriate congressional committees’ and
‘appropriate committees of Congress’ mean—
‘‘(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate; and
‘‘(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
‘‘(2) The term ‘defense article’ has the meaning given that
term in section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403).
‘‘(3) The term ‘defense service’ has the meaning given that
term in section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403).
‘‘(4) The term ‘developing country’ has the meaning pre-
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scribed by the Secretary of Defense for purposes of this chapter

in accordance with section 1241(n) of the National Defense Au-
thorization Act for Fiscal Year 2017.

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 503

‘‘(5) The term ‘incremental expenses’, with respect to a for-

eign country—
‘‘(A) means the reasonable and proper costs of rations,
fuel, training ammunition, transportation, and other goods
and services consumed by the country as a direct result of
the country’s participation in activities authorized by this
chapter; and
‘‘(B) does not include—
‘‘(i) any form of lethal assistance (excluding train-
ing ammunition); or
‘‘(ii) pay, allowances, and other normal costs of the
personnel of the country.
‘‘(6) The term ‘national security forces’, in the case of a for-
eign country, means the following:
‘‘(A) National military and national-level security
forces of the foreign country that have the functional re-
sponsibilities for which training is authorized in section
333(a) of this title.
‘‘(B) With respect to operations referred to in section
333(a)(2) of this title, military and civilian first responders
of the foreign country at the national or local level that
have such operations among their functional responsibil-
ities.
‘‘(7) The term ‘security cooperation programs and activities
of the Department of Defense’ means any program, activity (in-
cluding an exercise), or interaction of the Department of Defense
with the security establishment of a foreign country to achieve
a purpose as follows:
‘‘(A) To build and develop allied and friendly security
capabilities for self-defense and multinational operations.
‘‘(B) To provide the armed forces with access to the for-
eign country during peacetime or a contingency operation.
‘‘(C) To build relationships that promote specific
United States security interests.
‘‘(8) The term ‘small-scale construction’ means construction
at a cost not to exceed $750,000 for any project.
‘‘(9) The term ‘training’ has the meaning given the term
‘military education and training’ in section 644 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403).
‘‘SUBCHAPTER II—MILITARY-TO-MILITARY ENGAGEMENTS
‘‘Sec.
‘‘311. Exchange of defense personnel between United States and friendly foreign coun-
tries: authority.
‘‘312. Payment of personnel expenses necessary for theater security cooperation.
‘‘313. Bilateral or regional cooperation programs: awards and mementos to recognize
superior noncombat achievements or performance.
‘‘SUBCHAPTER III—TRAINING WITH FOREIGN FORCES
‘‘Sec.
‘‘321. Training with friendly foreign countries: payment of training and exercise ex-
penses.
‘‘322. Special operations forces: training with friendly foreign forces.
‘‘SUBCHAPTER IV—SUPPORT FOR OPERATIONS AND CAPACITY BUILDING
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‘‘Sec.
‘‘331. Friendly foreign countries: authority to provide support for conduct of oper-
ations.

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 504
‘‘332. Friendly foreign countries; international and regional organizations: defense in-
stitution capacity building.
‘‘333. Foreign security forces: authority to build capacity.

‘‘SUBCHAPTER V—EDUCATIONAL AND TRAINING ACTIVITIES

‘‘Sec.
‘‘341. Department of Defense State Partnership Program.
‘‘342. Regional centers for security studies.
‘‘343. Western Hemisphere Institute for Security Cooperation.
‘‘344. Participation in multinational military centers of excellence.
‘‘345. Regional Defense Combating Terrorism Fellowship Program.
‘‘346. Distribution to certain foreign personnel of education and training materials
and information technology to enhance military interoperability with the
armed forces.
‘‘347. International engagement authorities for service academies.
‘‘348. Aviation Leadership Program.
‘‘349. Inter-American Air Forces Academy.
‘‘350. Inter-European Air Forces Academy.

‘‘SUBCHAPTER VI—LIMITATIONS ON USE OF DEPARTMENT OF DEFENSE

FUNDS
‘‘Sec.
‘‘361. Prohibition on providing financial assistance to terrorist countries.
‘‘362. Prohibition on use of funds for assistance to units of foreign security forces that
have committed a gross violation of human rights.

‘‘SUBCHAPTER VII—ADMINISTRATIVE AND MISCELLANEOUS MATTERS

‘‘Sec.
‘‘381. Consolidated budget.
‘‘382. Execution and administration of programs and activities.
‘‘383. Assessment, monitoring, and evaluation of programs and activities.
‘‘384. Department of Defense security cooperation workforce development.
‘‘385. Department of Defense support for other departments and agencies of the
United States Government that advance Department of Defense security
cooperation objectives.
‘‘386. Annual report.’’.
(b) TRANSFER OF SECTION 1051B.—Section 1051b of title 10,
United States Code, is transferred to chapter 16 of such title, as
added by subsection (a)(3), inserted after the table of sections at the
beginning of subchapter II of such chapter, and redesignated as sec-
tion 313.
(c) CODIFICATION OF SECTION 1081 OF FY 2012 NDAA.—
(1) CODIFICATION.—Chapter 16 of title 10, United States
Code, as added by subsection (a)(3), is amended by inserting
after the table of sections at the beginning of subchapter IV a
new section 332 consisting of—
(A) a heading as follows:
‘‘§ 332. Friendly foreign countries; international and regional
organizations: defense institution capacity build-
ing’’; and
(B) a text consisting of the text of subsections (a), (b),
and (d) of section 1081 of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (10 U.S.C. 168 note).
(2) CONFORMING AMENDMENT.—Section 332 of title 10,
United States Code, as so amended, is further amended by re-
designating subsection (d) as subsection (c).
(3) CONFORMING REPEAL.—Section 1081 of the National De-
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fense Authorization Act for Fiscal Year 2012 is repealed.

(d) SUPERSEDING AUTHORITY TO TRAIN AND EQUIP FOREIGN
SECURITY FORCES.—

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 505

(1) SUPERSEDING AUTHORITY.—Chapter 16 of title 10,

United States Code, as added by subsection (a)(3), is amended
by inserting after section 332, as added by subsection (c), the
following new section:
‘‘§ 333. Foreign security forces: authority to build capacity
‘‘(a) AUTHORITY.—The Secretary of Defense is authorized to con-
duct or support a program or programs to provide training and
equipment to the national security forces of one or more foreign
countries for the purpose of building the capacity of such forces to
conduct one or more of the following:
‘‘(1) Counterterrorism operations.
‘‘(2) Counter-weapons of mass destruction operations.
‘‘(3) Counter-illicit drug trafficking operations.
‘‘(4) Counter-transnational organized crime operations.
‘‘(5) Maritime and border security operations.
‘‘(6) Military intelligence operations.
‘‘(7) Operations or activities that contribute to an inter-
national coalition operation that is determined by the Secretary
to be in the national interest of the United States.
‘‘(b) CONCURRENCE AND COORDINATION WITH SECRETARY OF
STATE.—
‘‘(1) CONCURRENCE IN CONDUCT OF PROGRAMS.—The con-
currence of the Secretary of State is required to conduct or sup-
port any program authorized by subsection (a).
‘‘(2) JOINT DEVELOPMENT AND PLANNING OF PROGRAMS.—
The Secretary of Defense and the Secretary of State shall jointly
develop and plan any program carried out pursuant to sub-
section (a).
‘‘(3) IMPLEMENTATION OF PROGRAMS.—The Secretary of De-
fense and the Secretary of State shall coordinate the implemen-
tation of any program under subsection (a). The Secretary of
Defense and the Secretary of State shall each designate an indi-
vidual responsible for program coordination under this para-
graph at the lowest appropriate level in the Department con-
cerned.
‘‘(4) COORDINATION IN PREPARATION OF CERTAIN NOTICES.—
Any notice required by this section to be submitted to the appro-
priate committees of Congress shall be prepared in coordination
with the Secretary of State.
‘‘(c) TYPES OF CAPACITY BUILDING.—
‘‘(1) AUTHORIZED ELEMENTS.—A program under subsection
(a) may include the provision and sustainment of defense arti-
cles, training, defense services, supplies (including
consumables), and small-scale construction.
‘‘(2) REQUIRED ELEMENTS.—A program under subsection (a)
shall include elements that promote the following:
‘‘(A) Observance of and respect for the law of armed
conflict, human rights and fundamental freedoms, and the
rule of law.
‘‘(B) Respect for civilian control of the military.
‘‘(3) HUMAN RIGHTS TRAINING.—In order to meet the re-
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quirement in paragraph (2)(A) with respect to particular na-

tional security forces under a program under subsection (a), the
Secretary of Defense shall certify, prior to the initiation of the

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 506

program, that the Department of Defense is already under-

taking, or will undertake as part of the security sector assist-
ance provided to the foreign country concerned, human rights
training that includes a comprehensive curriculum on human
rights and the law of armed conflict, as applicable, to such na-
tional security forces.
‘‘(4) INSTITUTIONAL CAPACITY BUILDING.—In order to meet
the requirement in paragraph (2)(B) with respect to a particular
foreign country under a program under subsection (a), the Sec-
retary shall certify, prior to the initiation of the program, that
the Department is already undertaking, or will undertake as
part of the program, a program of institutional capacity build-
ing with appropriate institutions of such foreign country that is
complementary to the program with respect to such foreign
country under subsection (a). The purpose of the program of in-
stitutional capacity building shall be to enhance the capacity of
such foreign country to exercise responsible civilian control of
the national security forces of such foreign country.
‘‘(d) LIMITATIONS.—
‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Sec-
retary of Defense may not use the authority in subsection (a) to
provide any type of assistance described in subsection (c) that
is otherwise prohibited by any provision of law.
‘‘(2) PROHIBITION ON ASSISTANCE TO UNITS THAT HAVE COM-
MITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The provision of
assistance pursuant to a program under subsection (a) shall be
subject to the provisions of section 362 of this title.
‘‘(3) DURATION OF SUSTAINMENT SUPPORT.—Sustainment
support may not be provided pursuant to a program under sub-
section (a), or for equipment previously provided by the Depart-
ment of Defense under any authority available to the Secretary
during fiscal year 2015 or 2016, for a period in excess of five
years unless the notice on the program pursuant to subsection
(e) includes the information specified in paragraph (7) of sub-
section (e).
‘‘(e) NOTICE AND WAIT ON ACTIVITIES UNDER PROGRAMS.—Not
later than 15 days before initiating activities under a program
under subsection (a), the Secretary of Defense shall submit to the
appropriate committees of Congress a written and electronic notice
of the following:
‘‘(1) The foreign country, and specific unit, whose capacity
to engage in activities specified in subsection (a) will be built
under the program, and the amount, type, and purpose of the
support to be provided.
‘‘(2) A detailed evaluation of the capacity of the foreign
country and unit to absorb the training or equipment to be pro-
vided under the program.
‘‘(3) The cost, implementation timeline, and delivery sched-
ule for assistance under the program.
‘‘(4) A description of the arrangements, if any, for the
sustainment of the program and the estimated cost and source
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of funds to support sustainment of the capabilities and perform-

ance outcomes achieved under the program beyond its comple-
tion date, if applicable.

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‘‘(5) Information, including the amount, type, and purpose,

on the security assistance provided the foreign country during
the three preceding fiscal years pursuant to authorities under
this title, the Foreign Assistance Act of 1961, and any other
train and equip authorities of the Department of Defense.
‘‘(6) A description of the elements of the theater security co-
operation plan of the geographic combatant command con-
cerned, and of the interagency integrated country strategy, that
will be advanced by the program.
‘‘(7) In the case of a program described in subsection (d)(3),
each of the following:
‘‘(A) A written justification that the provision of
sustainment support described in that subsection for a pe-
riod in excess of five years will enhance the security interest
of the United States.
‘‘(B) To the extent practicable, a plan to transition such
sustainment support from funding through the Department
to funding through another security sector assistance pro-
gram of the United States Government or funding through
partner nations.
‘‘(f) QUARTERLY MONITORING REPORTS.—The Director of the De-
fense Security Cooperation Agency shall, on a quarterly basis, sub-
mit to the appropriate committees of Congress a report setting forth,
for the preceding calendar quarter, the following:
‘‘(1) Information, by recipient country, of the delivery and
execution status of all defense articles, training, defense serv-
ices, supplies (including consumables), and small-scale con-
struction under programs under subsection (a).
‘‘(2) Information on the timeliness of delivery of defense ar-
ticles, defense services, supplies (including consumables), and
small-scale construction when compared with delivery schedules
for such articles, services, supplies, and construction previously
provided to Congress.
‘‘(3) Information, by recipient country, on the status of
funds allocated for programs under subsection (a), including
amounts of unobligated funds, unliquidated obligations, and
disbursements.
‘‘(g) FUNDING.—
‘‘(1) SOLE SOURCE OF FUNDS.—Amounts for programs car-
ried out pursuant to subsection (a) in a fiscal year, and for
other purposes in connection with such programs as authorized
by this section, may be derived only from amounts authorized
to be appropriated for such fiscal year for the Department of
Defense for operation and maintenance, Defense-wide, and
available for the Defense Security Cooperation Agency for such
programs and purposes.
‘‘(2) AVAILABILITY OF FUNDS FOR PROGRAMS ACROSS FISCAL
YEARS.—
‘‘(A) IN GENERAL.—Amounts available in a fiscal year
to carry out the authority in subsection (a) may be used for
programs under that authority that begin in such fiscal
year and end not later than the end of the second fiscal
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year thereafter.
‘‘(B) ACHIEVEMENT OF FULL OPERATIONAL CAPACITY.—
If, in accordance with subparagraph (A), equipment or

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 508

training is delivered under a program under the authority

in subsection (a) in the fiscal year after the fiscal year in
which the program begins, amounts for defense articles,
training, defense services, supplies (including
consumables), and small-scale construction associated with
such equipment or training and necessary to ensure that
the recipient unit achieves full operational capability for
such equipment or training may be used in the fiscal year
in which the foreign country takes receipt of such equip-
ment and in the next two fiscal years.’’.
(2) FUNDING FOR FISCAL YEAR 2017.—Amounts may be
available for fiscal year 2017 for programs and other purposes
described in subsection (g) of section 333 of title 10, United
States Code, as added by paragraph (1), as follows:
(A) Amounts authorized to be appropriated by section
301 for operation and maintenance, Defense-wide, and
available for the Defense Security Cooperation Agency for
such programs and purposes as specified in the funding
table in section 4301.
(B) Amounts authorized to be appropriated by section
1407 for Drug Interdiction and Counter-Drug Activities,
Defense-Wide, as specified in the funding table in section
4501.
(C) Amounts authorized to be appropriated by section
1504 for operation and maintenance, Defense-wide, for
overseas contingency operations and available for the De-
fense Security Cooperation Agency for such programs and
purposes as specified in the funding table in section 4302.
(D) Amounts authorized to be appropriated by section
1504 for operation and maintenance, Defense-wide, for
overseas contingency operations and available for the
Counter Islamic State of Iraq and the Levant Fund as spec-
ified in the funding table in section 4302, which amounts
may be available for such programs and other purposes
with respect to a country other than Iraq or Syria if—
(i) such programs and other purposes are for the
purpose of countering the Islamic State of Iraq and the
Levant; and
(ii) notice on the use of such amounts for such pro-
grams and other purposes is provided to Congress in
accordance with subsection (e) of section 333 of title 10,
United States Code, as so added.
(E) Amounts authorized to be appropriated by section
1507 for Drug Interdiction and Counter-Drug Activities,
Defense-Wide, for overseas contingency operations as speci-
fied in the funding table in section 4502 or 4503.
(F) Amounts available for fiscal years before fiscal year
2017 for the Counterterrorism Partnerships Fund that re-
main available for obligation in fiscal year 2017.
(3) LIMITATION ON AVAILABILITY OF FUNDS FOR FISCAL YEAR
2017.—Of the amounts available for fiscal year 2017 pursuant
to paragraph (2) for programs and other purposes described in
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subsection (g) of section 333 of title 10, United States Code, as

so added, not more than 65 percent of such amounts may be
used for such purposes until the guidance required by para-

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 509

graph (4) is submitted to the congressional defense committees

as required by paragraph (4).
(4) GUIDANCE.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall pre-
scribe, and submit to the congressional defense committees, ini-
tial policy guidance on roles, responsibilities, and processes in
connection with programs and activities authorized by section
333 of title 10, United States Code, as so added. Not later than
270 days after the date of the enactment of this Act, the Sec-
retary shall prescribe, and submit to the congressional defense
committees, final policy guidance on roles, responsibilities, and
processes in connection with such programs and activities.
(5) CONFORMING REPEALS.—Effective as of the date that is
270 days after the date of the enactment of this Act, the fol-
lowing provisions of law are repealed:
(A) Section 2282 of title 10, United States Code.
(B) The following provisions of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–
66):
(i) Section 1204 (127 Stat. 896; 10 U.S.C. 401
note).
(ii) Section 1207 (127 Stat. 902; 22 U.S.C. 2151
note).
(C) Section 1033 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
1881).
(6) CLERICAL AMENDMENT.—Effective as of the date that is
270 days after the date of the enactment of this Act, the table
of sections at the beginning of chapter 136 of title 10, United
States Code, is amended by striking the item relating to section
2282.
(e) TRANSFER AND MODIFICATION OF SECTION 184 AND CODI-
FICATION OF RELATED PROVISIONS.—
(1) TRANSFER AND REDESIGNATION.—Section 184 of title 10,
United States Code, is transferred to chapter 16 of such title as
added by subsection (a)(3), inserted after the table of sections at
the beginning of subchapter V of such chapter, and redesig-
nated as section 342.
(2) MODIFICATION OF AUTHORITIES AND CODIFICATION OF
REIMBURSEMENT-RELATED PROVISIONS.—Section 342 of title 10,
United States Code, as so transferred and redesignated, is
amended—
(A) in subsection (a), by striking ‘‘and exchange of
ideas’’ and inserting ‘‘exchange of ideas, and training’’;
(B) in subsection (b)—
(i) in paragraph (1)(B), by striking ‘‘and exchange
of ideas’’ and inserting ‘‘exchange of ideas, and train-
ing’’; and
(ii) in paragraph (3), by striking ‘‘, except as spe-
cifically provided by law after October 17, 2006’’;
(C) in subsection (c), by adding at the end the following
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new sentence: ‘‘The regulations shall prioritize within the

respective areas of focus of each Regional Center the func-
tional areas for engagement of territorial and maritime se-

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 510

curity, transnational and asymmetric threats, and defense

sector governance.’’; and
(D) in subsection (f)—
(i) in paragraph (3)—
(I) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(II) in subparagraph (A), as so designated, by
striking ‘‘civilian government officials’’ and insert-
ing ‘‘personnel’’; and
(III) by adding at the end the following new
subparagraph:
‘‘(B)(i) The Secretary of Defense may, with the concurrence of
the Secretary of State, waive reimbursement otherwise required
under this subsection of the costs of activities of the Regional Cen-
ters for personnel of nongovernmental and international organiza-
tions who participate in activities of the Regional Centers that en-
hance cooperation of nongovernmental organizations and inter-
national organizations with United States forces if the Secretary of
Defense determines that attendance of such personnel without reim-
bursement is in the national security interest of the United States.
‘‘(ii) The amount of reimbursement that may be waived under
clause (i) in any fiscal year may not exceed $1,000,000.’’; and
(ii) in paragraph (5), by striking ‘‘under the Latin
American cooperation authority’’ and all that follows
and inserting ‘‘under section 312 of this title are also
available for the costs of the operation of the Regional
Centers.’’.
(3) CODIFICATION OF PROVISIONS RELATING TO SPECIFIC
CENTERS.—Such section 342, as so transferred and redesig-
nated, is further amended by adding at the end the following
new subsections:
‘‘(h) AUTHORITIES SPECIFIC TO MARSHALL CENTER.—(1) The
Secretary of Defense may authorize participation by a European or
Eurasian country in programs of the George C. Marshall Center for
Security Studies (in this subsection referred to as the ‘Marshall Cen-
ter’) if the Secretary determines, after consultation with the Sec-
retary of State, that such participation is in the national interest of
the United States.
‘‘(2)(A) In the case of any person invited to serve without com-
pensation on the Marshall Center Board of Visitors, the Secretary
of Defense may waive any requirement for financial disclosure that
would otherwise apply to that person solely by reason of service on
such Board.
‘‘(B) A member of the Marshall Center Board of Visitors may
not be required to register as an agent of a foreign government sole-
ly by reason of service as a member of the Board.
‘‘(C) Notwithstanding section 219 of title 18, a non-United
States citizen may serve on the Marshall Center Board of Visitors
even though registered as a foreign agent.
‘‘(3)(A) The Secretary of Defense may waive reimbursement of
the costs of conferences, seminars, courses of instruction, or similar
educational activities of the Marshall Center for military officers
and civilian officials from states located in Europe or the territory
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of the former Soviet Union if the Secretary determines that attend-

ance by such personnel without reimbursement is in the national se-
curity interest of the United States.

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 511

‘‘(B) Costs for which reimbursement is waived pursuant to sub-

paragraph (A) shall be paid from appropriations available for the
Center.
‘‘(i) AUTHORITIES SPECIFIC TO INOUYE CENTER.—(1) The Sec-
retary of Defense may waive reimbursement of the cost of con-
ferences, seminars, courses of instruction, or similar educational ac-
tivities of the Daniel K. Inouye Center for Security Studies for mili-
tary officers and civilian officials of foreign countries if the Sec-
retary determines that attendance by such personnel, without reim-
bursement, is in the national security interest of the United States.
‘‘(2) Costs for which reimbursement is waived pursuant to para-
graph (1) shall be paid from appropriations available for the Cen-
ter.’’.
(4) ANNUAL REVIEW OF PROGRAM STRUCTURE AND PRO-
GRAMS OF CENTERS.—Such section 342, as amended by this
subsection, is further amended by adding at the end the fol-
lowing new subsection:
‘‘(j) ANNUAL REVIEW OF PROGRAM STRUCTURE AND PROGRAMS
OF CENTERS.—(1) The Secretary shall on an annual basis review
the program and structure of each Regional Center in order to deter-
mine whether such Regional Center is appropriately aligned with
the strategic priorities of the Department of Defense and the applica-
ble geographic combatant commands.
‘‘(2) The Secretary may revise the program, structure, or both of
a Regional Center following an annual review under paragraph (1)
in order to more appropriately align the Regional Center with stra-
tegic priorities and the geographic combatant commands as de-
scribed in that paragraph..’’.
(5) REPEAL OF CODIFIED PROVISIONS.—The following provi-
sions of law are repealed:
(A) Section 941(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law
110–417; 10 U.S.C. 184 note).
(B) Section 1065 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C.
113 note).
(C) Section 1306 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.
2892).
(D) Section 8073 of the Department of Defense Appro-
priations Act, 2003 (Public Law 107–248; 10 U.S.C. prec.
2161 note).
(f) TRANSFER OF SECTION 2166.—
(1) TRANSFER AND REDESIGNATION.—Section 2166 of title
10, United States Code, is transferred to chapter 16 of such
title, as added by subsection (a)(3), inserted after section 342,
as transferred and redesignated by subsection (e), and redesig-
nated as section 343.
(2) CONFORMING STYLISTIC AMENDMENTS.—Such section
343, as so transferred and redesignated, is amended by striking
‘‘nations’’ each place it appears in subsections (b) and (c) and
inserting ‘‘countries’’.
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(g) TRANSFER OF SECTION 2350M.—

(1) TRANSFER AND REDESIGNATION.—Section 2350m of title
10, United States Code, is transferred to chapter 16 of such

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 512

title, as added by subsection (a)(3), inserted after section 343,

as transferred and redesignated by subsection (f), and redesig-
nated as section 344.
(2) CONFORMING AMENDMENTS.—Such section 344, as so
transferred and redesignated, is amended—
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection (e).
(h) TRANSFER OF SECTION 2249D.—
(1) TRANSFER AND REDESIGNATION.—Section 2249d of title
10, United States Code, is transferred to chapter 16 of such
title, as added by subsection (a)(3), inserted after section 344,
as transferred and redesignated by subsection (g), and redesig-
nated as section 346.
(2) CONFORMING AND STYLISTIC AMENDMENTS.—Such sec-
tion 346, as so transferred and redesignated, is amended—
(A) by striking ‘‘nations’’ in subsections (a) and (d) and
inserting ‘‘countries’’; and
(B) by striking subsections (f) and (g).
(i) REENACTMENT OF CHAPTER 905.—
(1) CONSOLIDATION OF SECTIONS 9381, 9382, AND 9383.—
Chapter 16 of title 10, United States Code, as added by sub-
section (a)(3), is amended by inserting after section 346, as
transferred and redesignated by subsection (h), the following
new section:
‘‘§ 348. Aviation Leadership Program
‘‘(a) IN GENERAL.—Under regulations prescribed by the Sec-
retary of Defense, the Secretary of the Air Force may carry out an
Aviation Leadership Program to provide undergraduate pilot train-
ing and necessary related training to personnel of the air forces of
friendly, developing foreign countries. Training under this section
shall include language training and programs to promote better
awareness and understanding of the democratic institutions and so-
cial framework of the United States.
‘‘(b) SUPPLIES AND CLOTHING.—(1) The Secretary of the Air
Force may, under such conditions as the Secretary may prescribe,
provide to a person receiving training under this section—
‘‘(A) transportation incident to the training;
‘‘(B) supplies and equipment to be used during the training;
‘‘(C) flight clothing and other special clothing required for
the training; and
‘‘(D) billeting, food, and health services.
‘‘(2) The Secretary may authorize such expenditures from the
appropriations of the Air Force as the Secretary considers necessary
for the efficient and effective maintenance of the Program in accord-
ance with this section.
‘‘(c) ALLOWANCES.—The Secretary of the Air Force may pay to
a person receiving training under this section a living allowance at
a rate to be prescribed by the Secretary, taking into account the
amount of living allowances authorized for a member of the armed
forces under similar circumstances.’’.
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(2) CONFORMING REPEAL.—Chapter 905 of such title is re-

pealed.
(j) TRANSFER OF SECTION 9415.—

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 513

(1) IN GENERAL.—Section 9415 of title 10, United States

Code, is transferred to chapter 16 of such title, as added by sub-
section (a)(3), inserted after section 348, as added by subsection
(i), and redesignated as section 349.
(2) CONFORMING AMENDMENT FOR STANDARDIZATION WITH
CERTAIN OTHER AIR FORCES ACADEMY AUTHORITY.—Such section
349, as so transferred and amended, is amended—
(A) by redesignating subsection (b) as subsection (c);
and
(B) by inserting after subsection (a) the following new
subsection (b):
‘‘(b) LIMITATIONS.—
‘‘(1) CONCURRENCE OF SECRETARY OF STATE.—Military per-
sonnel of a foreign country may be provided education and
training under this section only with the concurrence of the Sec-
retary of State.
‘‘(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—Edu-
cation and training may not be provided under this section to
the military personnel of any country that is otherwise prohib-
ited from receiving such type of assistance under any other pro-
vision of law.’’.
(k) CODIFICATION OF SECTION 1268 OF FY 2015 NDAA.—
(1) CODIFICATION.—Chapter 16 of title 10, United States
Code, as added by subsection (a)(3), is amended by inserting
after section 349, as transferred and redesignated by subsection
(j), a new section 350 consisting of—
(A) a heading as follows:
‘‘§ 350. Inter-European Air Forces Academy’’; and
(B) a text consisting of the text of subsections (a)
through (f) of section 1268 of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3585; 10
U.S.C. 9411 note).
(2) CONFORMING REPEAL.—Section 1268 of the Carl Levin
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization
Act for Fiscal Year 2015 is repealed.
(l) TRANSFER OF SECTIONS 2249A AND 2249E.—
(1) TRANSFER AND REDESIGNATION.—Sections 2249a and
2249e of title 10, United States Code, are transferred to chapter
16 of such title, as added by subsection (a)(3), inserted after the
table of sections at the beginning of subchapter VI of such chap-
ter, and redesignated as sections 361 and 362, respectively.
(2) CONFORMING REPEAL RELATING TO SUPERSEDED DEFINI-
TION OF CONGRESSIONAL COMMITTEES.—Section 362 of such
title, as transferred and redesignated by paragraph (1), is
amended by striking subsection (f).
(m) ADMINISTRATIVE MATTERS.—Chapter 16 of title 10, United
States Code, as added by subsection (a)(3), is amended by inserting
after the table of sections at the beginning of subchapter VII the fol-
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lowing new sections:

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 514

‘‘§ 382. Execution and administration of programs and activi-

ties
‘‘(a) POLICY OVERSIGHT AND RESOURCE ALLOCATION.—The Sec-
retary of Defense shall assign responsibility for the oversight of stra-
tegic policy and guidance and responsibility for overall resource al-
location for security cooperation programs and activities of the De-
partment of Defense to a single official and office in the Office of
the Secretary of Defense at the level of Under Secretary of Defense
or below.
‘‘(b) EXECUTION AND ADMINISTRATION OF CERTAIN PROGRAMS
AND ACTIVITIES.—
‘‘(1) IN GENERAL.—The Director of the Defense Security Co-
operation Agency shall be responsible for the execution and ad-
ministration of all security cooperation programs and activities
of the Department of Defense involving the provision of defense
articles, military training, and other defense-related services by
grant, loan, cash sale, or lease.
‘‘(2) DESIGNATION OF RESPONSIBILITY.—The Director may
designate an element of an armed force, combatant command,
Defense Agency, Department of Defense Field Activity, or other
element or organization of the Department of Defense to execute
and administer security cooperation programs and activities de-
scribed in paragraph (1) if the Director determines that the des-
ignation will achieve maximum effectiveness, efficiency, and
economy in the activities for which designated.
‘‘(c) AVAILABILITY OF FUNDS.—
‘‘(1) IN GENERAL.—Funds available to the Defense Security
Cooperation Agency, and other funds available to the Depart-
ment of Defense for security cooperation programs and activities
of the Department of Defense, may be used to implement secu-
rity cooperation programs and activities of the Department of
Defense authorized by this chapter.
‘‘(2) BUDGET JUSTIFICATION.—Funds necessary for imple-
menting security cooperation programs and activities of the De-
partment of Defense under this chapter for a fiscal year shall
be identified, with appropriate justification, in the consolidated
budget for such fiscal year required by section 381 of this title.
‘‘§ 383. Assessment, monitoring, and evaluation of programs
and activities
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall main-
tain a program of assessment, monitoring, and evaluation in sup-
port of the security cooperation programs and activities of the De-
partment of Defense.
‘‘(b) PROGRAM ELEMENTS AND REQUIREMENTS.—
‘‘(1) ELEMENTS.—The program under subsection (a) shall
provide for the following:
‘‘(A) Initial assessments of partner capability require-
ments, potential programmatic risks, baseline information,
and indicators of efficacy for purposes of planning, moni-
toring, and evaluation of security cooperation programs
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and activities of the Department of Defense.

‘‘(B) Monitoring of implementation of such programs
and activities in order to measure progress in execution

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 515

and, to the extent possible, achievement of desired out-

comes.
‘‘(C) Evaluation of the efficiency and effectiveness of
such programs and activities in achieving desired out-
comes.
‘‘(D) Identification of lessons learned in carrying out
such programs and activities, and development of rec-
ommendation for improving future security cooperation
programs and activities of the Department of Defense.
‘‘(2) BEST PRACTICES.—The program shall be conducted in
accordance with international best practices, interagency stand-
ards, and, if applicable, the Government Performance and Re-
sults Act of 1993 (Public Law 103–62), and the amendments
made by that Act, and the GPRA Modernization Act of 2010
(Public Law 111–352), and the amendments made by that Act.
‘‘(c) AVAILABILITY OF FUNDS.—
‘‘(1) IN GENERAL.—Funds available to the Defense Security
Cooperation Agency, and other funds available to the Depart-
ment of Defense for security cooperation programs and activities
of the Department of Defense, may be used to carry out the pro-
gram required by subsection (a).
‘‘(2) BUDGET JUSTIFICATION.—Funds described in para-
graph (1) for a fiscal year shall be identified, with appropriate
justification, in the consolidated budget for such fiscal year re-
quired by section 381 of this title.
‘‘(d) REPORTS.—
‘‘(1) REPORTS TO CONGRESS.—The Secretary shall submit to
the congressional defense committees each year a report on the
program under subsection (a) during the previous year. Each
report shall include, for the year covered by such report, the fol-
lowing:
‘‘(A) A description of the activities under the program.
‘‘(B) An evaluation of the lessons learned and best
practices identified through activities under the program.
‘‘(2) INFORMATION FOR THE PUBLIC ON EVALUATIONS.—The
Secretary shall make available to the public, on an Internet
website of the Department of Defense available to the public, a
summary of each evaluation conducted pursuant to subsection
(b)(1)(C). In making a summary so available, the Secretary may
redact or omit any information that the Secretary determines
should not be disclosed to the public in order to protect the in-
terest of the United States or the foreign country or countries
covered by such evaluation.
‘‘§ 385. Department of Defense support for other departments
and agencies of the United States Government that
advance Department of Defense security coopera-
tion objectives
‘‘(a) SUPPORT AUTHORIZED.—Subject to subsection (c), the Sec-
retary of Defense is authorized to support other departments and
agencies of the United States Government for the purpose of imple-
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menting or supporting foreign assistance programs and activities

described in subsection (b) that advance security cooperation objec-
tives of the Department of Defense.

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 516

‘‘(b) FOREIGN ASSISTANCE PROGRAMS AND ACTIVITIES.—The for-

eign assistance programs and activities described in this subsection
are foreign assistance programs and activities that—
‘‘(1) are necessary for the effectiveness of one or more pro-
grams of the Department of Defense relating to security coopera-
tion conducted pursuant to an authority in this chapter; and
‘‘(2) cannot be carried out by the Department.
‘‘(c) ANNUAL LIMITATION ON AMOUNT OF SUPPORT.—The
amount of support provided pursuant to subsection (a) in any fiscal
year may not exceed $75,000,000.
‘‘(d) NOTICE AND WAIT.—If a determination is made to transfer
funds in connection with the provision of support pursuant to sub-
section (a) for a program or activity, the transfer may not occur
until—
‘‘(1) the Secretary and the head of the department or agency
to receive the funds jointly submit to the congressional defense
committees a notice on the transfer, which notice shall in-
clude—
‘‘(A) a detailed description of the purpose and esti-
mated cost of such program or activity;
‘‘(B) a detailed description of the security cooperation
objectives of the Department, include the theater campaign
plan of the combatant command concerned, that will be ad-
vanced;
‘‘(C) a justification why such program or activity will
advance such objectives;
‘‘(D) a justification why such program or activity can-
not be carried out by the Department;
‘‘(E) an identification of any funds programmed or ob-
ligated by the department or agency other than the Depart-
ment on such program or activity; and
‘‘(F) a timeline for the provision of such support; and
‘‘(2) a period of 30 days elapses after the date of the sub-
mittal of the notice pursuant to paragraph (1).’’.
(n) PRESCRIPTION OF TERM ‘‘DEVELOPING COUNTRY’’.—
(1) IN GENERAL.—The Secretary of Defense shall prescribe
the meaning of the term ‘‘developing country’’ for purposes of
chapter 16 of title 10, United States Code, as added by sub-
section (a)(3), and may from time to time prescribe a revision
to the meaning of that term for those purposes.
(2) INITIAL PRESCRIPTION.—The Secretary shall first pre-
scribe the meaning of the term by not later than 270 days after
the date of the enactment of this Act.
(3) NOTICE TO CONGRESS.—Whenever the Secretary pre-
scribes the meaning of the term pursuant to paragraph (1), the
Secretary shall notify the appropriate committees of Congress of
the meaning of the term as so prescribed.
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
has the meaning given that term in section 301(1) of title 10,
United States Code, as so added.
(o) CLERICAL AMENDMENTS.—Title 10, United States Code, is
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amended as follows:
(1) The tables of chapters at the beginning of subtitle A,
and at the beginning of part I of subtitle A, are amended—

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 517

(A) by revising the chapter references relating to chap-

ters 13, 15, 17, and 18 (and the section references therein)
to conform to the redesignations made by paragraphs (1)
and (2) of subsection (a); and
(B) by inserting after the item relating to chapter 15,
as revised pursuant to subparagraph (A), the following new
item:
‘‘16. Security Cooperation ................................................................................ 301’’.
(2) The section references in the tables of sections at the be-
ginning of chapters 12, 13, 14, and 15, as redesignated by para-
graph (1) of subsection (a), are revised to conform to the redes-
ignations made by paragraph (2) of such subsection.
(3) The table of sections at the beginning of chapter 7 is
amended by striking the item relating to section 184.
(4) The table of sections at the beginning of chapter 53 is
amended by striking the item relating to section 1051b.
(5) The table of sections at the beginning of chapter 108 is
amended by striking the item relating to section 2166.
(6) The table of sections at the beginning of subchapter I of
chapter 134 is amended by striking the items relating to sec-
tions 2249a, 2249d, and 2249e.
(7) The table of sections at the beginning of subchapter II
of chapter 138 is amended by striking the item relating to sec-
tion 2350m.
(8) The tables of chapters at the beginning of subtitle D,
and at the beginning of part III of subtitle D, are amended by
striking the item relating to chapter 905.
(9) The table of sections at the beginning of chapter 907 is
amended by striking the item relating to section 9415.
SEC. 1242. MILITARY-TO-MILITARY EXCHANGES.
(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION
ACTIVITIES.—Chapter 16 of title 10, United States Code, as added
by section 1241(a)(3) of this Act, is amended by inserting after the
table of sections at the beginning of subchapter II a new section 311
consisting of—
(1) a heading as follows:
‘‘§ 311. Exchange of defense personnel between United States
and friendly foreign countries: authority’’; and
(2) a text consisting of the text of section 1082 of the Na-
tional Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2672; 10 U.S.C. 168 note).
(b) REVISIONS TO INCORPORATE PERMANENT NONRECIPROCAL
EXCHANGE AUTHORITY.—Section 311 of title 10, United States Code,
as added by subsection (a), is amended—
(1) in subsection (a)—
(A) in paragraph (1), by adding at the end the fol-
lowing new sentence: ‘‘Any exchange of personnel under
such an agreement is subject to paragraph (3).’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
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striking ‘‘an ally of the United States or another friend-

ly foreign country for the exchange’’ and inserting ‘‘a
friendly foreign country or international or regional se-

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 518

curity organization for the reciprocal or non-reciprocal

exchange’’;
(ii) in subparagraph (A), by striking ‘‘military’’ and
inserting ‘‘members of the armed forces’’; and
(iii) in subparagraph (B)—
(I) by inserting ‘‘or security’’ after ‘‘defense’’;
and
(II) by inserting before the period at the end
the following: ‘‘or international or regional security
organization’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) An exchange of personnel under an international defense
personnel exchange agreement under this section may only be made
with the concurrence of the Secretary to State to the extent the ex-
change is with either of the following:
‘‘(A) A non-defense security ministry of a foreign govern-
ment.
‘‘(B) An international or regional security organization.’’;
(2) in subsection (b)(2), by inserting before the period at the
end the following: ‘‘, subject to the concurrence of the Secretary
of State’’;
(3) in subsection (c)—
(A) by striking ‘‘Each government shall be required
under’’ and inserting ‘‘In the case of’’; and
(B) by inserting after ‘‘exchange agreement’’ the fol-
lowing: ‘‘that provides for reciprocal exchanges, each gov-
ernment shall be required’’; and
(4) in subsection (f), by inserting ‘‘defense or security min-
istry of that’’ after ‘‘military personnel of the’’.
(c) CONFORMING REPEALS.—The following provisions of law are
repealed:
(1) Section 1082 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2672; 10
U.S.C. 168 note).
(2) Section 1207 of the National Defense Authorization Act
for Fiscal Year 2010 (10 U.S.C. 168 note).
SEC. 1243. CONSOLIDATION AND REVISION OF AUTHORITIES FOR PAY-
MENT OF PERSONNEL EXPENSES NECESSARY FOR THE-
ATER SECURITY COOPERATION.
(a) CONSOLIDATION AND REVISION OF AUTHORITIES IN NEW
CHAPTER ON SECURITY COOPERATION ACTIVITIES.—Chapter 16 of
title 10, United States Code, as added by section 1241(a)(3) of this
Act, is amended by inserting after section 311, as added by section
1242(a) of this Act, the following new section:
‘‘§ 312. Payment of personnel expenses necessary for theater
security cooperation
‘‘(a) AUTHORITY.—The Secretary of Defense may pay expenses
specified in subsection (b) that the Secretary considers necessary for
theater security cooperation.
‘‘(b) TYPES OF EXPENSES.—The expenses that may be paid
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under the authority provided in subsection (a) are the following:

‘‘(1) PERSONNEL EXPENSES.—The Secretary of Defense may
pay travel, subsistence, and similar personnel expenses of, and

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 519

special compensation for, the following that the Secretary con-

siders necessary for theater security cooperation:
‘‘(A) Defense personnel of friendly foreign governments.
‘‘(B) With the concurrence of the Secretary of State,
other personnel of friendly foreign governments and non-
governmental personnel.
‘‘(2) ADMINISTRATIVE SERVICES AND SUPPORT FOR LIAISON
OFFICERS.—The Secretary of Defense may provide administra-
tive services and support for the performance of duties by a liai-
son officer of a foreign country while the liaison officer is as-
signed temporarily to any headquarters in the Department of
Defense.
‘‘(3) TRAVEL, SUBSISTENCE, AND MEDICAL CARE FOR LIAISON
OFFICERS.—The Secretary of Defense may pay the expenses of a
liaison officer in connection with the assignment of that officer
as described in paragraph (2) if the assignment is requested by
the commander of a combatant command, the Chief of Staff of
the Army, the Chief of Naval Operations, the Chief of Staff of
the Air Force, the Commandant of the Marine Corps, or the
head of a Defense Agency as follows:
‘‘(A) Travel and subsistence expenses.
‘‘(B) Personal expenses directly necessary to carry out
the duties of that officer in connection with that assign-
ment.
‘‘(C) Expenses for medical care at a civilian medical fa-
cility if—
‘‘(i) adequate medical care is not available to the
liaison officer at a local military medical treatment fa-
cility;
‘‘(ii) the Secretary determines that payment of such
medical expenses is necessary and in the best interests
of the United States; and
‘‘(iii) medical care is not otherwise available to the
liaison officer pursuant to any treaty or other inter-
national agreement.
‘‘(D) Mission-related travel expenses if such travel
meets each of the following conditions:
‘‘(i) The travel is in support of the national security
interests of the United States.
‘‘(ii) The officer or official making the request di-
rects round-trip travel from the assigned location to
one or more travel locations.
‘‘(4) CONFERENCES, SEMINARS, AND SIMILAR MEETINGS.—
The authority provided by paragraph (1) includes authority to
pay travel and subsistence expenses for personnel described in
that paragraph in connection with the attendance of such per-
sonnel at any conference, seminar, or similar meeting that is in
direct support of enhancing interoperability between the United
States armed forces and the national security forces of a friend-
ly foreign country for the purposes of conducting operations, the
provision of equipment or training, or the planning for, or the
execution of, bilateral or multilateral training, exercises, or
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military operations.
‘‘(5) OTHER EXPENSES.—In addition to the personnel ex-
penses payable under paragraph (1), the Secretary of Defense

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 520

may pay such other limited expenses in connection with con-

ferences, seminars, and similar meetings covered by paragraph
(4) as the Secretary considers appropriate in the national secu-
rity interests of the United States.
‘‘(c) LIMITATIONS ON EXPENSES PAYABLE.—
‘‘(1) PERSONNEL FROM DEVELOPING COUNTRIES.—The au-
thority provided in subsection (a) may be used only for the pay-
ment of expenses of, and special compensation for, personnel
from developing countries, except that the Secretary of Defense
may authorize the payment of such expenses and special com-
pensation for personnel from a country other than a developing
country if the Secretary determines that such payment is nec-
essary to respond to extraordinary circumstances and is in the
national security interest of the United States.
‘‘(2) NON-DEFENSE LIAISON OFFICERS.—In the case of a non-
defense liaison officer of a foreign country, the authority of the
Secretary of Defense under subsection (a) to pay expenses speci-
fied in paragraph (2) or (3) of subsection (b) may be exercised
only if the assignment of that liaison officer as a liaison officer
with the Department of Defense was accepted by the Secretary
of Defense with the coordination of the Secretary of State.
‘‘(d) REIMBURSEMENT.—The Secretary of Defense may provide
the services and support specified in subsection (b)(2) with or with-
out reimbursement from (or on behalf of) the recipients. The terms
of reimbursement (if any) shall be specified in the appropriate
agreements used to assign the liaison officer.
‘‘(e) MONETARY LIMITATIONS ON EXPENSES PAYABLE.—
‘‘(1) TRAVEL AND SUBSISTENCE EXPENSES GENERALLY.—
Travel and subsistence expenses authorized to be paid under
subsection (a) may not, in the case of any individual, exceed the
amount that would be paid under chapter 7 or 8 of title 37 to
a member of the armed forces (of a comparable grade) for au-
thorized travel of a similar nature.
‘‘(2) TRAVEL AND RELATED EXPENSES OF LIAISON OFFI-
CERS.—The amount paid for expenses specified in subsection
(b)(3) for any liaison officer in any fiscal year may not exceed
$150,000.
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe
regulations for the administration of this section. Such regulations
shall be submitted to the Committees on Armed Services of the Sen-
ate and the House of Representatives.
‘‘(g) ADMINISTRATIVE SERVICES AND SUPPORT DEFINED.—In this
section, the term ‘administrative services and support’ includes base
or installation support services, office space, utilities, copying serv-
ices, fire and police protection, training programs conducted to fa-
miliarize, orient, or certify liaison personnel regarding unique as-
pects of the assignments of the liaison personnel, and computer sup-
port.’’.
(b) CONFORMING AMENDMENTS.—
(1) REPEALS.—Sections 1050, 1050a, 1051, and 1051a of
title 10, United States Code, are repealed.
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(2) CLERICAL AMENDMENTS.—The table of sections at the

beginning of chapter 53 of such title is amended by striking the
items relating to sections 1050, 1050a, 1051, and 1051a.

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 521

(c) SAVINGS PROVISION FOR FISCAL YEAR 2017.—The authority

under section 1050 of title 10, United States Code, as in effect on
the day before the date of the enactment of this Act, shall continue
to apply with respect to the Inter-American Defense College during
fiscal year 2017 under regulations prescribed by the Secretary of De-
fense.
SEC. 1244. TRANSFER AND REVISION OF CERTAIN AUTHORITIES ON
PAYMENT OF EXPENSES OF TRAINING AND EXERCISES
WITH FRIENDLY FOREIGN FORCES.
(a) TRANSFER AND REVISION OF AUTHORITY ON PAYMENT OF
EXPENSES OF DEVELOPING COUNTRIES.—Section 2010 of title 10,
United States Code, is transferred to chapter 16 of such title, as
added by section 1241(a)(3) of this Act, inserted after the table of
sections at the beginning of subchapter III, redesignated as section
321, and amended to read as follows:
‘‘§ 321. Training with friendly foreign countries: payment of
training and exercise expenses
‘‘(a) TRAINING AUTHORIZED.—
‘‘(1) TRAINING WITH FOREIGN FORCES GENERALLY.—The
armed forces under the jurisdiction of the Secretary of Defense
may train with the military forces or other security forces of a
friendly foreign country if the Secretary determines that it is in
the national security interest of the United States to do so.
‘‘(2) LIMITATION ON TRAINING OF GENERAL PURPOSE
FORCES.—The general purpose forces of the United States
armed forces may train only with the military forces of a friend-
ly foreign country.
‘‘(3) TRAINING TO SUPPORT MISSION ESSENTIAL TASKS.—Any
training conducted pursuant to paragraph (1) shall, to the max-
imum extent practicable, support the mission essential tasks for
which the unit of the United States armed forces participating
in such training is responsible.
‘‘(4) ELEMENTS OF TRAINING.—Any training conducted pur-
suant to paragraph (1) shall, to the maximum extent prac-
ticable, include elements that promote—
‘‘(A) observance of and respect for human rights and
fundamental freedoms; and
‘‘(B) respect for legitimate civilian authority within the
foreign country concerned.
‘‘(b) AUTHORITY TO PAY TRAINING AND EXERCISE EXPENSES.—
Under regulations prescribed pursuant to subsection (e), the Sec-
retary of a military department or the commander of a combatant
command may pay, or authorize payment for, any of the following
expenses:
‘‘(1) Expenses of training forces assigned or allocated to
that command in conjunction with training, and training with,
the military forces or other security forces of a friendly foreign
country under subsection (a).
‘‘(2) Expenses of deploying such forces for that training.
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‘‘(3) The incremental expenses of a friendly foreign country

as the direct result of participating in such training, as speci-
fied in the regulations.

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 522

‘‘(4) The incremental expenses of a friendly foreign country

as the direct result of participating in an exercise with the
armed forces under the jurisdiction of the Secretary of Defense.
‘‘(5) Small-scale construction that is directly related to the
effective accomplishment of the training described in paragraph
(1) or an exercise described in paragraph (4).
‘‘(c) PURPOSE OF TRAINING AND EXERCISES.—
‘‘(1) IN GENERAL.—The primary purpose of the training and
exercises for which payment may be made under subsection (b)
shall be to train United States forces.
‘‘(2) SELECTION OF FOREIGN PARTNERS.—Training and exer-
cises with friendly foreign countries under subsection (a) should
be planned and prioritized consistent with applicable guidance
relating to the security cooperation programs and activities of
the Department of Defense.
‘‘(d) AVAILABILITY OF FUNDS FOR ACTIVITIES THAT CROSS FIS-
CAL YEARS.—Amounts available for the authority to pay expenses in
subsection (b) for a fiscal year may be used to pay expenses under
that subsection for training and exercises that begin in such fiscal
year but end in the next fiscal year.
‘‘(e) QUARTERLY NOTICE ON PLANNED TRAINING.—Not later
than the end of the first calender quarter beginning after the date
of the enactment of the National Defense Authorization Act for Fis-
cal Year 2017, and every calender quarter thereafter, the Secretary
of Defense shall submit to the appropriate committees of Congress
a notice setting forth the schedule of planned training engagement
pursuant to subsection (a) during the calendar quarter first fol-
lowing the calendar quarter in which such notice is submitted.
‘‘(f) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall prescribe
regulations for the administration of this section. The Secretary
shall submit the regulations to the Committees on Armed Serv-
ices of the Senate and the House of Representatives.
‘‘(2) ELEMENTS.—The regulations required under this sec-
tion shall provide the following:
‘‘(A) A requirement that training and exercise activities
may be carried out under this section only with the prior
approval of the Secretary.
‘‘(B) Accounting procedures to ensure that the expendi-
tures pursuant to this section are appropriate.
‘‘(C) Procedures to limit the payment of incremental ex-
penses to friendly foreign countries only to developing coun-
tries, except in the case of exceptional circumstances as
specified in the regulations.’’.
(b) TRANSFER OF AUTHORITY FOR PAYMENT OF EXPENSES IN
CONNECTION WITH SPECIAL OPERATIONS FORCES TRAINING.—Sec-
tion 2011 of title 10, United States Code, is transferred to chapter
16 of such title, inserted after section 321, as transferred and
amended by subsection (a) of this section, and redesignated as sec-
tion 322.
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(c) CONFORMING REPEAL.—Section 1203 of the National Defense

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127
Stat. 894; 10 U.S.C. 2011 note) is repealed.

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 523

(d) CLERICAL AMENDMENT.—The table of sections at the begin-

ning of chapter 101 of title 10, United States Code, is amended by
striking the items relating to sections 2010 and 2011.
SEC. 1245. TRANSFER AND REVISION OF AUTHORITY TO PROVIDE
OPERATIONAL SUPPORT TO FORCES OF FRIENDLY FOR-
EIGN COUNTRIES.
(a) TRANSFER AND REVISION.—Section 127d of title 10, United
States Code, is transferred to chapter 16 of such title, as added by
section 1241(a)(3) of this Act, inserted after the table of sections at
the beginning of subchapter IV, redesignated as section 331, and
amended to read as follows:
‘‘§ 331. Friendly foreign countries: authority to provide sup-
port for conduct of operations
‘‘(a) AUTHORITY.—The Secretary of Defense may provide support
to friendly foreign countries in connection with the conduct of oper-
ations designated pursuant to subsection (b).
‘‘(b) DESIGNATED OPERATIONS.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall designate
the operations for which support may be provided under the au-
thority in subsection (a).
‘‘(2) NOTICE TO CONGRESS.—The Secretary shall notify the
appropriate committees of Congress of the designation of any
operation pursuant to this subsection.
‘‘(3) ANNUAL REVIEW FOR CONTINUING DESIGNATION.—The
Secretary shall undertake on an annual basis a review of the
operations currently designated pursuant to this subsection in
order to determine whether each such operation merits con-
tinuing designation for purposes of this section for another year.
If the Secretary determines that any operation so reviewed mer-
its continuing designation for purposes of this section for an-
other year, the Secretary—
‘‘(A) may continue the designation of such operation
under this subsection for such purposes for another year;
and
‘‘(B) if the Secretary so continues the designation of
such operation, shall notify the appropriate committees of
Congress of the continuation of designation of such oper-
ation.
‘‘(c) TYPES OF SUPPORT AUTHORIZED.—The types of support that
may be provided under the authority in subsection (a) are the fol-
lowing:
‘‘(1) Logistic support, supplies, and services to security
forces of a friendly foreign country participating in—
‘‘(A) an operation with the armed forces under the ju-
risdiction of the Secretary of Defense; or
‘‘(B) a military or stability operation that benefits the
national security interests of the United States.
‘‘(2) Logistic support, supplies, and services—
‘‘(A) to military forces of a friendly foreign country sole-
ly for the purpose of enhancing the interoperability of the
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logistical support systems of military forces participating in

a combined operation with the United States in order to fa-
cilitate such operation; or

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 524

‘‘(B) to a nonmilitary logistics, security, or similar

agency of a friendly foreign government if such provision
would directly benefit the armed forces under the jurisdic-
tion of the Secretary of Defense.
‘‘(3) Procurement of equipment for the purpose of the loan
of such equipment to the military forces of a friendly foreign
country participating in a United States-supported coalition or
combined operation and the loan of such equipment to those
forces to enhance capabilities or to increase interoperability
with the armed forces under the jurisdiction of the Secretary of
Defense and other coalition partners.
‘‘(4) Provision of specialized training to personnel of friend-
ly foreign countries in connection with such an operation, in-
cluding training of such personnel before deployment in connec-
tion with such operation.
‘‘(5) Small-scale construction to support military forces of a
friendly foreign country participating in a United States-sup-
ported coalition or combined operation when the construction is
directly linked to the ability of such forces to participate in such
operation effectively and is limited to the geographic area where
such operation is taking place.
‘‘(d) CERTIFICATION REQUIRED.—
‘‘(1) OPERATIONS IN WHICH THE UNITED STATES IS NOT PAR-
TICIPATING.—The Secretary of Defense may provide support
under subsection (a) to a friendly foreign country with respect
to an operation in which the United States is not participating
only—
‘‘(A) if the Secretary of Defense and the Secretary of
State jointly certify to the appropriate committees of Con-
gress that the operation is in the national security interests
of the United States; and
‘‘(B) after the expiration of the 15-day period beginning
on the date of such certification.
‘‘(2) ACCOMPANYING REPORT.—Any certification under para-
graph (1) shall be accompanied by a report that includes the
following:
‘‘(A) A description of the operation, including the geo-
graphic area of the operation.
‘‘(B) A list of participating countries.
‘‘(C) A description of the type of support and the dura-
tion of support to be provided.
‘‘(D) A description of the national security interests of
the United States supported by the operation.
‘‘(E) Such other matters as the Secretary of Defense
and the Secretary of State consider significant to a consid-
eration of such certification.
‘‘(e) SECRETARY OF STATE CONCURRENCE.—The provision of
support under subsection (a) may be made only with the concur-
rence of the Secretary of State.
‘‘(f) SUPPORT OTHERWISE PROHIBITED BY LAW.—The Secretary
of Defense may not use the authority in subsection (a) to provide any
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type of support described in subsection (c) that is otherwise prohib-

ited by any provision of law.
‘‘(g) LIMITATIONS ON VALUE.—

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 525

‘‘(1) The aggregate value of all logistic support, supplies,

and services provided under paragraphs (1), (4), and (5) of sub-
section (c) in any fiscal year may not exceed $450,000,000.
‘‘(2) The aggregate value of all logistic support, supplies,
and services provided under subsection (c)(2) in any fiscal year
may not exceed $5,000,000.
‘‘(h) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES DEFINED.—In
this section, the term ‘logistic support, supplies, and services’ has
the meaning given that term in section 2350(1) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 3 of such title is amended by striking the item relat-
ing to section 127d.
(c) CONFORMING REPEAL.—Section 1207 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1040; 10 U.S.C. 2282 note) is repealed.
SEC. 1246. DEPARTMENT OF DEFENSE STATE PARTNERSHIP PROGRAM.
(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION
ACTIVITIES.—Chapter 16 of title 10, United States Code, as added
by section 1241(a)(3) of this Act, is amended by inserting after the
table of sections at the beginning of subchapter V a new section 341
consisting of—
(1) a heading as follows:
‘‘§ 341. Department of Defense State Partnership Program’’;
and
(2) a text consisting of subsections (a) through (g) of section
1205 of the National Defense Authorization Act for Fiscal Year
2014 (32 U.S.C. 107 note).
(b) PROHIBITION ON ACTIVITIES WITH UNITS HAVING COM-
MITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—Subsection (b) of
section 341 of title 10, United States Code, as added by subsection
(a) of this section, is amended—
(1) by striking ‘‘(b) LIMITATION.—An activity’’ and inserting
the following:
‘‘(b) LIMITATIONS.—
‘‘(1) IN GENERAL.—An activity’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) PROHIBITION ON ACTIVITIES WITH UNITS THAT HAVE
COMMITTED GROSS VIOLATIONS OF HUMAN RIGHTS.—The con-
duct of any activities under a program established under sub-
section (a) shall be subject to the provisions of section 362 of
this title.’’.
(c) REVISIONS TO STRIKE OBSOLETE PROVISIONS AND CONFORM
TO PROVISIONS IN NEW CHAPTER.—Such section 341, as so added,
is further amended—
(1) by striking subsection (d) and inserting the following
new subsection (d):
‘‘(d) REGULATIONS.—This section shall be carried out in accord-
ance with such regulations as the Secretary of Defense shall pre-
scribe for purposes of this section. Such regulations shall include ac-
counting procedures to ensure that expenditures of funds to carry
out this section are accounted for and appropriate.’’; and
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(2) in subsection (g), by striking ‘‘under title 10’’ and all

that follows and inserting ‘‘under title 10 as in effect on Decem-
ber 26, 2013.’’.

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 526

(d) ANNUAL REPORTS.—

(1) REPORTS UNDER CODIFIED AUTHORITY.—Subsection (f) of
such section 341, as so added, is amended—
(A) by striking ‘‘(f) REPORTS AND NOTIFICATIONS.—’’
and all that follows through ‘‘(B) MATTERS TO BE IN-
CLUDED.—’’ and inserting the following:
‘‘(f) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Not later than February 1 following
each of fiscal years 2016, 2017, and 2018, the Secretary of De-
fense shall submit to the appropriate congressional committees
a report on activities under each program established under
subsection (a) during such fiscal year.
‘‘(2) MATTERS TO BE INCLUDED.—’’; and
(B) in paragraph (2), as redesignated by subparagraph
(A) of this paragraph—
(i) by redesignating clauses (i) through (vi) as sub-
paragraphs (A) through (F), respectively, and realign-
ing the margin of each such subparagraph two ems to
the left; and
(ii) in subparagraph (F), as redesignated by clause
(i) of this subparagraph, by striking ‘‘clause (v)’’ and
inserting ‘‘subparagraph (E)’’.
(2) REPORTS UNDER CODIFIED REPORTING AUTHORITY IN
NEW CHAPTER ON SECURITY COOPERATION ACTIVITIES.—Effective
as of January 1, 2020—
(A) section 386(c)(1) of title 10, United States Code, as
added by section 1251(d)(1) of this Act, is amended by in-
serting ‘‘341,’’ after ‘‘333,’’; and
(B) section 341 of title 10, United States Code, as
added and amended by this section, is further amended—
(i) by striking subsection (f); and
(ii) by redesignating subsection (g) as subsection
(f).
(e) CONFORMING REPEAL.—Section 1205 of the National Defense
Authorization Act for Fiscal Year 2014 is repealed.
SEC. 1247. TRANSFER OF AUTHORITY ON REGIONAL DEFENSE COM-
BATING TERRORISM FELLOWSHIP PROGRAM.
(a) TRANSFER AND REDESIGNATION.—Section 2249c of title 10,
United States Code, is transferred to chapter 16 of such title, as
added by section 1241(a)(3) of this Act, inserted after section 344,
as transferred and redesignated by section 1241(g) of this Act, and
redesignated as section 345.
(b) CONFORMING AMENDMENT IN CONNECTION WITH TRANSFER
TO NEW CHAPTER.—Subsection (c) of such section 345, as so trans-
ferred and redesignated, is amended by striking ‘‘to Congress’’ and
inserting ‘‘to the appropriate committees of Congress’’.
(c) HEADING AMENDMENT.—The heading of such section 345, as
so transferred and redesignated, is amended to read as follows:
‘‘§ 345. Regional Defense Combating Terrorism Fellowship
Program’’.
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(d) CLERICAL AMENDMENT.—The table of sections at the begin-

ning of subchapter I of chapter 134 of such title is amended by
striking the item relating to section 2249c.

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 527
SEC. 1248. CONSOLIDATION OF AUTHORITIES FOR SERVICE ACADEMY
INTERNATIONAL ENGAGEMENT.
(a) CONSOLIDATION OF AUTHORITIES.—Chapter 16 of title 10,
United States Code, as added by section 1241(a)(3) of this Act, is
amended by inserting after section 346, as transferred and redesig-
nated by section 1241(h) of this Act, the following new section:
‘‘§ 347. International engagement authorities for service
academies
‘‘(a) SELECTION OF PERSONS FROM FOREIGN COUNTRIES TO RE-
CEIVE INSTRUCTION AT SERVICE ACADEMIES.—
‘‘(1) ATTENDANCE AUTHORIZED.—
‘‘(A) IN GENERAL.—The Secretary of each military de-
partment may permit persons from foreign countries to re-
ceive instruction at the Service Academy under the jurisdic-
tion of the Secretary. Such persons shall be in addition to—
‘‘(i) in the case of the United States Military Acad-
emy, the authorized strength of the Corps of the Cadets
of the Academy under 4342 of this title;
‘‘(ii) in the case of the United States Naval Acad-
emy, the authorized strength of the Brigade of Mid-
shipmen of the Academy under section 6954 of this
title; and
‘‘(iii) in the case of the United States Air Force
Academy, the authorized strength of the Cadet Wing of
the Academy under 9342 of this title.
‘‘(B) LIMITATION ON NUMBER.—The number of persons
permitted to receive instruction at each Service Academy
under this subsection may not be more than 60 at any one
time.
‘‘(2) DETERMINATION OF FOREIGN COUNTRIES FROM WHICH
PERSONS MAY BE SELECTED.—The Secretary of a military de-
partment, upon approval by the Secretary of Defense, shall de-
termine—
‘‘(A) the countries from which persons may be selected
for appointment under this subsection to the Service Acad-
emy under the jurisdiction of that Secretary; and
‘‘(B) the number of persons that may be selected from
each country.
‘‘(3) QUALIFICATIONS AND SELECTION.—The Secretary of
each military department—
‘‘(A) may establish entrance qualifications and methods
of competition for selection among individual applicants
under this subsection; and
‘‘(B) shall select those persons who will be permitted to
receive instruction at the Service Academy under the juris-
diction of the Secretary under this subsection.
‘‘(4) SELECTION PRIORITY TO PERSONS WITH NATIONAL SERV-
ICE OBLIGATION UPON GRADUATION.—In selecting persons to re-
ceive instruction under this subsection from among applicants
from the countries approved under paragraph (2), the Secretary
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of the military department concerned shall give a priority to

persons who have a national service obligation to their coun-
tries upon graduation from the Service Academy concerned.

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 528

‘‘(5) PAY, ALLOWANCES, AND EMOLUMENTS OF PERSONS AD-

MITTED.—A person receiving instruction under this subsection is
entitled to the pay, allowances, and emoluments of a cadet or
midshipman appointed from the United States, and from the
same appropriations.
‘‘(6) REIMBURSEMENT OF COSTS BY FOREIGN COUNTRIES
FROM WHICH PERSONS ARE ADMITTED.—
‘‘(A) REIMBURSEMENT REQUIRED.—Each foreign coun-
try from which a cadet or midshipman is permitted to re-
ceive instruction at one of the Service Academies under this
subsection shall reimburse the United States for the cost of
providing such instruction, including the cost of pay, allow-
ances, and emoluments provided under paragraph (5). The
Secretaries of the military departments shall prescribe the
rates for reimbursement under this paragraph, except that
the reimbursement rates may not be less than the cost to
the United States of providing such instruction, including
pay, allowances, and emoluments, to a cadet or mid-
shipman appointed from the United States.
‘‘(B) WAIVER AUTHORITY.—The Secretary of Defense
may waive, in whole or in part, the requirement for reim-
bursement of the cost of instruction for a cadet or mid-
shipman under subparagraph (A). In the case of a partial
waiver, the Secretary of Defense shall establish the amount
waived.
‘‘(7) APPLICABILITY OF ACADEMY REGULATIONS, ETC..—
‘‘(A) IN GENERAL.—Except as the Secretary of the mili-
tary department concerned determines, a person receiving
instruction under this subsection at the Service Academy
under the jurisdiction of that Secretary is subject to the
same regulations governing admission, attendance, dis-
cipline, resignation, discharge, dismissal, and graduation
as a cadet or midshipman at that Academy appointed from
the United States.
‘‘(B) CLASSIFIED INFORMATION.—The Secretary of the
military department concerned may prescribe regulations
with respect to access to classified information by a person
receiving instruction under this subsection at the Service
Academy under the jurisdiction of that Secretary that differ
from the regulations that apply to a cadet or midshipman
at that Academy appointed from the United States.
‘‘(8) INELIGIBILITY FOR APPOINTMENT IN THE UNITED STATES
ARMED FORCES.—A person receiving instruction at a Service
Academy under this subsection is not entitled to an appoint-
ment in an armed force of the United States by reason of grad-
uation from the Academy.
‘‘(9) INAPPLICABILITY OF REQUIREMENT FOR TAKING OATH OF
ADMISSION.—A person receiving instruction under this sub-
section is not subject to section 4346(d), 6958(d), or 9346(d) of
this title, as the case may be.
‘‘(b) EXCHANGE PROGRAMS WITH FOREIGN MILITARY ACAD-
EMIES.—
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‘‘(1) EXCHANGE PROGRAMS AUTHORIZED.—The Secretary of

a military department may permit a student enrolled at a mili-
tary academy of a foreign country to receive instruction at the

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 529

Service Academy under the jurisdiction of that Secretary in ex-

change for a cadet or midshipman receiving instruction at that
foreign military academy pursuant to an exchange agreement
entered into between the Secretary and appropriate officials of
the foreign country. A student receiving instruction at a Service
Academy under the exchange program under this subsection
shall be in addition to persons receiving instruction at the
Academy under subsection (a).
‘‘(2) LIMITATIONS ON NUMBER AND DURATION OF EX-
CHANGES.—An exchange agreement under this subsection be-
tween the Secretary and a foreign country shall provide for the
exchange of students on a one-for-one basis each fiscal year. Not
more than 100 cadets or midshipmen from each Service Acad-
emy and a comparable number of students from foreign mili-
tary academies participating in the exchange program may be
exchanged during any fiscal year. The duration of an exchange
may not exceed the equivalent of one academic semester at a
Service Academy.
‘‘(3) COSTS AND EXPENSES.—
‘‘(A) NO PAY AND ALLOWANCES.—A student from a mili-
tary academy of a foreign country is not entitled to the pay,
allowances, and emoluments of a cadet or midshipman by
reason of attendance at a Service Academy under the ex-
change program, and the Department of Defense may not
incur any cost of international travel required for transpor-
tation of such a student to and from the sponsoring foreign
country.
‘‘(B) SUBSISTENCE, TRANSPORTATION, ETC..—The Sec-
retary of the military department concerned may provide a
student from a foreign country under the exchange pro-
gram, during the period of the exchange, with subsistence,
transportation within the continental United States, cloth-
ing, health care, and other services to the same extent that
the foreign country provides comparable support and serv-
ices to the exchanged cadet or midshipman in that foreign
country.
‘‘(C) SOURCE OF FUNDS.—A Service Academy shall bear
all costs of the exchange program from funds appropriated
for that Academy and from such additional funds as may
be available to that Academy from a source, other than ap-
propriated funds, to support cultural immersion, regional
awareness, or foreign language training activities in con-
nection with the exchange program.
‘‘(D) LIMITATION ON EXPENDITURES.—Expenditures in
support of the exchange program from funds appropriated
for each Academy may not exceed $1,000,000 during any
fiscal year.
‘‘(4) APPLICATION OF OTHER LAWS.—Paragraphs (7), (8),
and (9) of subsection (a) shall apply with respect to a student
enrolled at a military academy of a foreign country while at-
tending a Service Academy under the exchange program.
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‘‘(5) REGULATIONS.—The Secretary of the military depart-

ment concerned shall prescribe regulations to implement this
subsection. Such regulations may include qualification criteria

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 530

and methods of selection for students of foreign military acad-

emies to participate in the exchange program.
‘‘(c) FOREIGN AND CULTURAL EXCHANGE ACTIVITIES.—
‘‘(1) ATTENDANCE AUTHORIZED.—The Secretary of a mili-
tary department may authorize the Service Academy under the
jurisdiction of that Secretary to permit students, officers, and
other representatives of a foreign country to attend that Acad-
emy for periods of not more than four weeks if the Secretary de-
termines that the attendance of such persons contributes signifi-
cantly to the development of foreign language, cross-cultural
interactions and understanding, and cultural immersion of ca-
dets or midshipmen, as the case may be.
‘‘(2) EFFECT OF ATTENDANCE.—Persons attending a Service
Academy under paragraph (1) are not considered to be students
enrolled at that Academy and are in addition to persons receiv-
ing instruction at that Academy under subsection (a) or (b).
‘‘(3) FINANCIAL MATTERS.—
‘‘(A) COSTS AND EXPENSES.—The Secretary of a mili-
tary department may pay the travel, subsistence, and simi-
lar personal expenses of persons incurred to attend the
Service Academy under the jurisdiction of that Secretary
under paragraph (1).
‘‘(B) SOURCE OF FUNDS.—Each Service Academy shall
bear the costs of the attendance of persons at that Academy
under paragraph (1) from funds appropriated for that
Academy and from such additional funds as may be avail-
able to that Academy from a source, other than appro-
priated funds, to support cultural immersion, regional
awareness, or foreign language training activities in con-
nection with their attendance.
‘‘(C) LIMITATION ON EXPENDITURES.—Expenditures
from appropriated funds in support of activities under this
subsection for any Service Academy may not exceed $40,000
during any fiscal year.
‘‘(d) SERVICE ACADEMY DEFINED.—In this section, the term
‘Service Academy’ means the following:
‘‘(1) The United States Military Academy.
‘‘(2) The United States Naval Academy.
‘‘(3) The United States Air Force Academy.’’.
(b) CONFORMING REPEALS.—
(1) REPEALS.—Sections 4344, 4345, 4345a, 6957, 6957a,
6957b, 9344, 9345, and 9345a of title 10, United States Code,
are repealed.
(2) CLERICAL AMENDMENTS.—
(A) The table of sections at the beginning of chapter
403 of such title is amended by striking the items relating
to sections 4344, 4345, and 4345a.
(B) The table of sections at the beginning of chapter
603 of such title is amended by striking the items relating
to sections 6957, 6957a, and 6957b.
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(C) The table of sections at the beginning of chapter

903 of such title is amended by striking the items relating
to sections 9344, 9345, and 9345a.

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 531
SEC. 1249. CONSOLIDATED ANNUAL BUDGET FOR SECURITY COOPERA-
TION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT
OF DEFENSE.
(a) IN GENERAL.—Chapter 16 of title 10, United States Code, as
added by section 1241(a)(3) of this Act, is amended by inserting
after the table at the beginning of subchapter VII the following new
section:
‘‘§ 381. Consolidated budget
‘‘(a) CONSOLIDATED BUDGET.—The budget of the President for
each fiscal year, as submitted to Congress by the President pursuant
to section 1105 of title 31, shall set forth by budget function and as
a separate item the amounts requested for the Department of De-
fense for such fiscal year for all security cooperation programs and
activities of the Department of Defense, including the military de-
partments, to be conducted in such fiscal year, including the specific
country or region and the applicable authority, to the extent prac-
ticable.
‘‘(b) QUARTERLY REPORT ON USE OF FUNDS.—Not later than 30
days after the end of each calendar quarter, the Secretary shall sub-
mit to the appropriate committees of Congress a report on the obli-
gation and expenditure of funds for security cooperation programs
and activities of the Department of Defense during such calendar
quarter.’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act, and shall
apply as follows:
(1) Subsection (a) of section 381 of title 10, United States
Code, as added by subsection (a), shall apply to budgets sub-
mitted to Congress by the President pursuant to section 1105 of
title 31, United States Code, for each fiscal year after fiscal year
2018.
(2) Subsection (b) of such section 381, as so added, shall
apply to calendar quarters beginning on or after the date of the
enactment of this Act.
SEC. 1250. DEPARTMENT OF DEFENSE SECURITY COOPERATION WORK-
FORCE DEVELOPMENT.
(a) IN GENERAL.—Chapter 16 of title 10, United States Code, as
added by section 1241(a)(3) of this Act, is amended by inserting
after section 383, as added by section 1241(m) of this Act, the fol-
lowing new section:
‘‘§ 384. Department of Defense security cooperation workforce
development
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry
out a program to be known as the ‘Department of Defense Security
Cooperation Workforce Development Program’ (in this section re-
ferred to as the ‘Program’) to oversee the development and manage-
ment of a professional workforce supporting security cooperation
programs and activities of the Department of Defense, including—
‘‘(1) assessment, planning, monitoring, execution, evalua-
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tion, and administration of such programs and activities under

this chapter; and

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 532

‘‘(2) execution of security assistance programs and activities

under the Foreign Assistance Act of 1961 and the Arms Export
Control Act by the Department of Defense.
‘‘(b) PURPOSE.—The purpose of the Program is to improve the
quality and professionalism of the security cooperation workforce in
order to ensure that the workforce—
‘‘(1) has the capacity, in both personnel and skills, needed
to properly perform its mission, provide appropriate support to
the assessment, planning, monitoring, execution, evaluation,
and administration of security cooperation programs and ac-
tivities described in subsection (a), and ensure that the Depart-
ment receives the best value for the expenditure of public re-
sources on such programs and activities; and
‘‘(2) is assigned in a manner that ensures personnel with
the appropriate level of expertise and experience are assigned in
sufficient numbers to fulfill requirements for the security co-
operation programs and activities of the Department of Defense
and the execution of security assistance programs and activities
described in subsection (a)(2).
‘‘(c) ELEMENTS.—The Program shall consist of such elements re-
lating to the development and management of the security coopera-
tion workforce as the Secretary considers appropriate for the pur-
poses specified in subsection (b), including elements on training, cer-
tification, assignment, and career development of personnel of the
security cooperation workforce.
‘‘(d) MANAGEMENT.—The Program shall be managed by the Di-
rector of the Defense Security Cooperation Agency.
‘‘(e) GUIDANCE.—
‘‘(1) INTERIM GUIDANCE.—Not later than 180 days after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2017, the Secretary shall issue interim guidance
for the execution and administration of the Program.
‘‘(2) FINAL GUIDANCE.—Not later than one year after the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 2017, the Secretary shall issue final guidance
for the execution and administration of the Program.
‘‘(3) SCOPE OF GUIDANCE.—The guidance shall do the fol-
lowing:
‘‘(A) Provide direction to the Department of Defense on
the establishment of professional career paths for the per-
sonnel of the security cooperation workforce, addressing
training and education standards, promotion opportunities
and requirements, retention policies, and scope of workforce
demands.
‘‘(B) Provide for a mechanism to identify and define
training and certification requirements for security coopera-
tion positions in the Department and a means to track
workforce skills and certifications.
‘‘(C) Provide for a mechanism to establish a program
of professional certification in Department of Defense secu-
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rity cooperation for personnel of the security cooperation

workforce in different career tracks and levels of com-
petency based on requisite training and experience.

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 533

‘‘(D) Establish requirements for training and profes-

sional development associated with each level of certifi-
cation provided for under subparagraph (C).
‘‘(E) Establish and maintain a school to train, educate,
and certify the security cooperation workforce according to
standards developed for purposes of subparagraph (C).
‘‘(F) Provide for a mechanism for assigning appro-
priately certified personnel of the security cooperation work-
force to assignments associated with key positions in con-
nection with security cooperation programs and activities.
‘‘(G) Identify the appropriate composition of career and
temporary personnel necessary to constitute the security co-
operation workforce.
‘‘(H) Identify specific positions throughout the security
cooperation workforce to be managed and assigned through
the Program.
‘‘(f) SOURCE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds available to the Defense Security
Cooperation Agency, and other funds available to the Depart-
ment of Defense for security cooperation programs and activities
of the Department of Defense, may be used to carry out the Pro-
gram.
‘‘(2) BUDGET JUSTIFICATION.—Funds necessary to carry out
the Program as described in paragraph (1) for a fiscal year
shall be identified, with appropriate justification, in the consoli-
dated budget for such fiscal year required by section 381 of this
title.
‘‘(g) USE OF FUNDS.—Amounts available for use for the Pro-
gram may be transferred to any account of the military departments
or the Defense Agencies for purposes of the Program.
‘‘(h) SECURITY COOPERATION WORKFORCE DEFINED.—In this
section, the term ‘security cooperation workforce’ means the fol-
lowing:
‘‘(1) Members of the armed forces and civilian employees of
the Department of Defense working in the security cooperation
organizations of United States missions overseas.
‘‘(2) Members of the armed forces and civilian employees of
the Department of Defense in the geographic combatant com-
mands and functional combatant commands responsible for
planning, monitoring, or conducting security cooperation activi-
ties.
‘‘(3) Members of the armed forces and civilian employees of
the Department of Defense in the military departments per-
forming security cooperation activities, including activities in
connection with the acquisition and development of technology
release policies.
‘‘(4) Other military and civilian personnel of Defense Agen-
cies and Field Activities who perform security cooperation ac-
tivities.
‘‘(5) Personnel of the Department of Defense who perform
assessments, monitoring, or evaluations of security cooperation
programs and activities of the Department of Defense, including
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assessments under section 383 of this title.

‘‘(6) Other members of the armed forces or civilian employ-
ees of the Department of Defense who contribute significantly to

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 534

the security cooperation programs and activities of the Depart-

ment of Defense by virtue of their assigned duties, as deter-
mined pursuant to the guidance issued under subsection (e).’’.
(b) REPORTS ON WORKFORCE DEVELOPMENT.—
(1) IN GENERAL.—Not later than March 1, 2018, and each
year thereafter through 2021, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the Department of Defense Security Cooperation Workforce De-
velopment Program required by section 384 of title 10, United
States Code, as added by subsection (a), for the fiscal year be-
ginning in the year in which such report is submitted.
(2) ELEMENTS.—Each report under this subsection shall in-
clude, for the fiscal year covered by such report, the following:
(A) The funds requested or allocated for the Depart-
ment of Defense Security Cooperation Workforce Develop-
ment Program and for the security cooperation workforce.
(B) A description of how the funds identified pursuant
to subparagraph (A) will be implemented for the following:
(i) To address any gaps in the skills and com-
petencies of the current or anticipated security coopera-
tion workforce
(ii) To provide incentives to retain qualified, expe-
rienced personnel in the security cooperation workforce.
(iii) To provide incentives to attract and recruit
new, high-quality personnel to the security cooperation
workforce.
(C) Any other matters the Secretary considers appro-
priate.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘appropriate committees of Congress’’ has
the meaning given that term in section 301(1) of title 10,
United States Code, as added by section 1241(a)(3) of this
Act.
(B) The term ‘‘security cooperation workforce’’ has the
meaning given that term in section 384(h) of title 10,
United States Code, as added by subsection (a).
SEC. 1251. REPORTING REQUIREMENTS.
(a) CODIFICATION IN NEW CHAPTER ON SECURITY COOPERATION
ACTIVITIES.—Chapter 16 of title 10, United States Code, as added
by section 1241(a)(3) of this Act, is amended by inserting after sec-
tion 385, as added by section 1241(m) of this Act, a new section 386
consisting of—
(1) a heading as follows:
‘‘§ 386. Annual report’’; and
(2) a text consisting of subsections (a) through (e) of section
1211 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na-
tional Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 128 Stat. 3544).
(b) REVISIONS TO PROVIDE FOR PERMANENT, ANNUAL RE-
PORT.—Subsection (a) of section 386 of title 10, United States Code,
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as added by subsection (a) of this section, is amended—

(1) by striking ‘‘BIENNIAL’’ and all that follows through ‘‘the
Secretary of Defense’’ and inserting ‘‘ANNUAL REPORT RE-

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 535

QUIRED.—Not later than January 31 of each year beginning in

2018, the Secretary of Defense’’;
(2) by striking ‘‘congressional defense committees’’ and in-
serting ‘‘appropriate congressional committees’’;
(3) by inserting ‘‘under the authorities in subsection (c)’’
after ‘‘Department of Defense’’;
(4) by striking ‘‘security assistance’’ and inserting ‘‘assist-
ance’’;
(5) by striking ‘‘the two fiscal years’’ and inserting ‘‘the fis-
cal year’’; and
(6) by striking ‘‘under the authorities in subsection (c)’’ after
‘‘submitted’’.
(c) ELEMENTS OF REPORT.—Subsection (b) of such section 386,
as so added, is amended—
(1) in paragraph (1), by inserting ‘‘, duration,’’ after ‘‘pur-
pose’’;
(2) in paragraph (2), by striking ‘‘The cost’’ and inserting
‘‘The cost and expenditures’’;
(3) by adding at the end the following:
‘‘(4) For each foreign country in which defense articles, de-
fense services, supplies (including consumables), small-scale
construction, or reimbursement were provided, a description of
the extent of participation, if any, by the military forces and se-
curity forces or other government organizations of such foreign
country.
‘‘(5) The number of members of the United States armed
forces involved in providing such defense articles, defense serv-
ices, supplies (including consumables), and small-scale con-
struction, and, if applicable, a description of the military bene-
fits for such members involved in providing such training,
equipment, or assistance.
‘‘(6) A summary, by authority, of the activities carried out
under each authority specified in subsection (c).’’.
(d) MODIFICATION TO SPECIFIED AUTHORITIES.—Subsection (c)
of such section 386, as so added, is amended—
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
‘‘(1) Sections 311, 321, 331, 332, 333, 344, 348, 349, and
350 of this title.’’;
(2) by striking paragraphs (4), (5), (7), (10), (11), and (12);
(3) by redesignating paragraphs (6), (8), (9), and (13)
through (16) as paragraphs (4) through (10), respectively;
(4) by inserting after paragraph (10), as redesignated by
paragraph (3) of this subsection, the following new paragraphs:
‘‘(11) Section 401 of this title, relating to humanitarian and
civic assistance provided in conjunction with military oper-
ations.
‘‘(12) Section 1206 of the Carl Levin and Howard P. ‘Buck’
McKeon National Defense Authorization Act for Fiscal Year
2015 (128 Stat. 3538; 10 U.S.C. 2282 note), relating to author-
ity to conduct human rights training of security forces and as-
sociated security ministries of foreign countries.’’;
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(5) by redesignating paragraph (17) as paragraph (13); and

(6) by striking ‘‘of title 10, United States Code’’ each place
it appears and inserting ‘‘of this title’’.

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 536

(e) MODIFICATION OF NONDUPLICATION OF EFFORT REQUIRE-

MENT.—Subsection (d) of such section 386, as so added, is amend-
ed—
(1) by striking ‘‘If any information’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), if
any information’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) EXCEPTION.—Paragraph (1) does not apply with respect
to information required under subsection (a) that is required to
be submitted as described in paragraphs (1) and (2) of sub-
section (b).’’.
(f) FORM.—Subsection (e) of such section 386, as so added, is
amended by inserting ‘‘that may also include other sensitive infor-
mation’’ after ‘‘annex’’.
(g) CONFORMING REPEAL.—Section 1211 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for
Fiscal Year 2015 is repealed.
SEC. 1252. QUADRENNIAL REVIEW OF SECURITY SECTOR ASSISTANCE
PROGRAMS AND AUTHORITIES OF THE UNITED STATES
GOVERNMENT.
(a) STATEMENT OF POLICY.—It is the policy of the United States
that the principal goals of the security sector assistance programs
and authorities of the United States Government are as follows:
(1) To assist partner nations in building sustainable capa-
bility to address common security challenges with the United
States.
(2) To promote partner nation support for United States in-
terests.
(3) To promote universal values, such as good governance,
transparent and accountable oversight of security forces, rule of
law, transparency, accountability, delivery of fair and effective
justice, and respect for human rights.
(4) To strengthen collective security and multinational de-
fense arrangements and organizations of which the United
States is a participant.
(b) QUADRENNIAL REVIEW.—
(1) REVIEW REQUIRED.—Not later than January 31, 2018,
and every four years thereafter though 2034, the President shall
complete a review of the security sector assistance programs,
policies, authorities, and resources of the United States Govern-
ment across the United States Government.
(2) ELEMENTS.—Each review under this subsection shall in-
clude the following:
(A) An examination whether the current security sector
assistance programs, policies, authorities, and resources of
the United States Government are sufficient to achieve the
goals specified in subsection (a), and an identification of
any gaps or shortfalls needing mitigation.
(B) An examination of the success of such programs
and resources in achieving such goals, based on a review
of relevant departmental and interagency programmatic
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and strategic evaluations.

(C) An examination of the extent to which the security
sector assistance of the United States Government is

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 537

aligned with national security and foreign policy objectives,

conducted in support of clear and coherent policy guidance,
and planned and executed in accordance with identified
best practices.
(D) The development of recommendations, as appro-
priate, for improving the security sector assistance pro-
grams, policies, authorities, and resources of the United
States Government to more effectively achieve the goals
specified in subsection (a) and support other national secu-
rity objectives.
(3) SUBMITTAL TO CONGRESS.—Not later than 60 days after
the completion of a review under this subsection, the President
shall submit to the appropriate committees of Congress a report
setting forth a summary of the review, including any rec-
ommendations developed pursuant to paragraph (2)(D).
(4) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
has the meaning given that term in section section 301(1) of
title 10, United States Code, as added by section 1241(a)(3) of
this Act.
SEC. 1253. OTHER CONFORMING AMENDMENTS AND AUTHORITY FOR
ADMINISTRATION.
(a) REPEAL OF OTHER SUPERSEDED, OBSOLETE, OR DUPLICA-
TIVE STATUTES.—
(1) IN GENERAL.—The following provisions of title 10,
United States Code, are repealed:
(A) Section 168, relating to military-to-military con-
tacts and comparable activities.
(B) Section 1051c, relating to assignment of members
of foreign military forces to improve education and training
in information security through multilateral, bilateral, or
regional cooperation programs.
(C) Section 2562, relating to a limitation on use of ex-
cess construction or fire equipment from Department of De-
fense stocks in foreign assistance or military sales pro-
grams.
(D) Sections 4681 and 9681, relating to sale of surplus
war material to States and foreign governments.
(2) CLERICAL AMENDMENTS.—Title 10, United States Code,
is amended as follows:
(A) The table of sections at the beginning of chapter 6
is amended by striking the item relating to section 168.
(B) The table of sections at the beginning of chapter 53
is amended by striking the item relating to section 1051c.
(C) The table of sections at the beginning of chapter
152 is amended by striking the item relating to section
2562.
(D) The table of sections at the beginning of chapter
443 is amended by striking the item relating to section
4681.
(E) The table of sections at the beginning of chapter
943 is amended by striking the item relating to section
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9681.
(b) SAVINGS CLAUSE.—Any determination or other action made
or taken before the date of the enactment of this Act under a provi-

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 538

sion of law transferred or repealed by this subchapter that is in ef-

fect as of the date of the enactment of this Act and is necessary for
the administration of a successor authority to such provision of law
under chapter 16 of title 10, United States Code, by reason of the
enactment of such chapter by this subchapter shall remain in effect,
in accordance with the terms of such determination or action when
made or taken, for purposes of the administration of such successor
authority.
(c) REPORT ON DISCHARGE OF CERTAIN ACTIVITIES UNDER NEW
SECURITY COOPERATION AUTHORITY.—
(1) IN GENERAL.—Not later than October 1, 2017, the Sec-
retary of Defense shall submit to the congressional defense com-
mittees a report setting forth a description of any gaps that exist
between applicable authorities in chapter 16 of title 10, United
States Code, as added by section 1241(a)(3) of this Act, and the
current law or other authorities under which activities under
the initiatives specified in paragraph (2) are carried out.
(2) INITIATIVES.—The initiatives specified in this paragraph
are the following:
(A) The Southeast Asia Maritime Security Initiative.
(B) The Ukraine Security Assistance Initiative.
(3) ELEMENTS.—The report under paragraph (1) shall in-
clude the following:
(A) A description of each discrete set of activities under
an initiative specified in paragraph (2) for which gaps exist
between the applicable authorities in chapter 16 of title 10,
United States Code, as so added, and current law or other
authorities under which such activities are carried out.
(B) For each discrete set of activities covered by sub-
paragraph (A), the following:
(i) A description of the gaps described in subpara-
graph (A).
(ii) Recommendations for legislative or administra-
tive action to address such gaps.
Subtitle F—Human Rights Sanctions
SEC. 1261. SHORT TITLE.
This subtitle may be cited as the ‘‘Global Magnitsky Human
Rights Accountability Act’’.
SEC. 1262. DEFINITIONS.
In this subtitle:
(1) FOREIGN PERSON.—The term ‘‘foreign person’’ has the
meaning given that term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(2) GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED
HUMAN RIGHTS.—The term ‘‘gross violations of internationally
recognized human rights’’ has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(3) PERSON.—The term ‘‘person’’ has the meaning given
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that term in section 591.308 of title 31, Code of Federal Regula-

tions (as in effect on the day before the date of the enactment
of this Act).

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 539

(4) UNITED STATES PERSON.—The term ‘‘United States per-

son’’ has the meaning given that term in section 595.315 of title
31, Code of Federal Regulations (as in effect on the day before
the date of the enactment of this Act).
SEC. 1263. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) IN GENERAL.—The President may impose the sanctions de-
scribed in subsection (b) with respect to any foreign person the
President determines, based on credible evidence—
(1) is responsible for extrajudicial killings, torture, or other
gross violations of internationally recognized human rights
committed against individuals in any foreign country who
seek—
(A) to expose illegal activity carried out by government
officials; or
(B) to obtain, exercise, defend, or promote internation-
ally recognized human rights and freedoms, such as the
freedoms of religion, expression, association, and assembly,
and the rights to a fair trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person in
a matter relating to an activity described in paragraph (1);
(3) is a government official, or a senior associate of such an
official, that is responsible for, or complicit in, ordering, con-
trolling, or otherwise directing, acts of significant corruption,
including the expropriation of private or public assets for per-
sonal gain, corruption related to government contracts or the ex-
traction of natural resources, bribery, or the facilitation or
transfer of the proceeds of corruption to foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided finan-
cial, material, or technological support for, or goods or services
in support of, an activity described in paragraph (3).
(b) SANCTIONS DESCRIBED.—The sanctions described in this
subsection are the following:
(1) INADMISSIBILITY TO UNITED STATES.—In the case of a
foreign person who is an individual—
(A) ineligibility to receive a visa to enter the United
States or to be admitted to the United States; or
(B) if the individual has been issued a visa or other
documentation, revocation, in accordance with section
221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)), of the visa or other documentation.
(2) BLOCKING OF PROPERTY.—
(A) IN GENERAL.—The blocking, in accordance with the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), of all transactions in all property and inter-
ests in property of a foreign person if such property and in-
terests in property are in the United States, come within the
United States, or are or come within the possession or con-
trol of a United States person.
(B) INAPPLICABILITY OF NATIONAL EMERGENCY RE-
QUIREMENT.—The requirements of section 202 of the Inter-
national Emergency Economic Powers Act (50 U.S.C. 1701)
shall not apply for purposes of this section.
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(C) EXCEPTION RELATING TO IMPORTATION OF GOODS.—

(i) IN GENERAL.—The authority to block and pro-
hibit all transactions in all property and interests in

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 540

property under subparagraph (A) shall not include the

authority to impose sanctions on the importation of
goods.
(ii) GOOD.—In this subparagraph, the term ‘‘good’’
has the meaning given that term in section 16 of the
Export Administration Act of 1979 (50 U.S.C. 4618) (as
continued in effect pursuant to the International Emer-
gency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(c) CONSIDERATION OF CERTAIN INFORMATION IN IMPOSING
SANCTIONS.—In determining whether to impose sanctions under
subsection (a), the President shall consider—
(1) information provided jointly by the chairperson and
ranking member of each of the appropriate congressional com-
mittees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of
human rights.
(d) REQUESTS BY APPROPRIATE CONGRESSIONAL COMMITTEES.—
(1) IN GENERAL.—Not later than 120 days after receiving a
request that meets the requirements of paragraph (2) with re-
spect to whether a foreign person has engaged in an activity de-
scribed in subsection (a), the President shall—
(A) determine if that person has engaged in such an ac-
tivity; and
(B) submit a classified or unclassified report to the
chairperson and ranking member of the committee or com-
mittees that submitted the request with respect to that de-
termination that includes—
(i) a statement of whether or not the President im-
posed or intends to impose sanctions with respect to the
person; and
(ii) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(2) REQUIREMENTS.—
(A) REQUESTS RELATING TO HUMAN RIGHTS VIOLA-
TIONS.—A request under paragraph (1) with respect to
whether a foreign person has engaged in an activity de-
scribed in paragraph (1) or (2) of subsection (a) shall be
submitted to the President in writing jointly by the chair-
person and ranking member of one of the appropriate con-
gressional committees.
(B) REQUESTS RELATING TO CORRUPTION.—A request
under paragraph (1) with respect to whether a foreign per-
son has engaged in an activity described in paragraph (3)
or (4) of subsection (a) shall be submitted to the President
in writing jointly by the chairperson and ranking member
of—
(i) one of the appropriate congressional committees
of the Senate; and
(ii) one of the appropriate congressional committees
of the House of Representatives.
(e) EXCEPTION TO COMPLY WITH UNITED NATIONS HEAD-
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QUARTERS AGREEMENT AND LAW ENFORCEMENT OBJECTIVES.—

Sanctions under subsection (b)(1) shall not apply to an individual
if admitting the individual into the United States would further im-

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 541

portant law enforcement objectives or is necessary to permit the

United States to comply with the Agreement regarding the Head-
quarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international ob-
ligations of the United States.
(f) ENFORCEMENT OF BLOCKING OF PROPERTY.—A person that
violates, attempts to violate, conspires to violate, or causes a viola-
tion of a sanction described in subsection (b)(2) that is imposed by
the President or any regulation, license, or order issued to carry out
such a sanction shall be subject to the penalties set forth in sub-
sections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as a per-
son that commits an unlawful act described in subsection (a) of that
section.
(g) TERMINATION OF SANCTIONS.—The President may terminate
the application of sanctions under this section with respect to a per-
son if the President determines and reports to the appropriate con-
gressional committees not later than 15 days before the termination
of the sanctions that—
(1) credible information exists that the person did not en-
gage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the ac-
tivity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for
the activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national secu-
rity interests of the United States.
(h) REGULATORY AUTHORITY.—The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(i) IDENTIFICATION OF SANCTIONABLE FOREIGN PERSONS.—The
Assistant Secretary of State for Democracy, Human Rights, and
Labor, in consultation with the Assistant Secretary of State for Con-
sular Affairs and other bureaus of the Department of State, as ap-
propriate, is authorized to submit to the Secretary of State, for re-
view and consideration, the names of foreign persons who may meet
the criteria described in subsection (a).
(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1264. REPORTS TO CONGRESS.
(a) IN GENERAL.—The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a re-
port that includes—
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(1) a list of each foreign person with respect to which the

President imposed sanctions pursuant to section 1263 during
the year preceding the submission of the report;

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 542

(2) a description of the type of sanctions imposed with re-

spect to each such person;
(3) the number of foreign persons with respect to which the
President—
(A) imposed sanctions under section 1263(a) during
that year; and
(B) terminated sanctions under section 1263(g) during
that year;
(4) the dates on which such sanctions were imposed or ter-
minated, as the case may be;
(5) the reasons for imposing or terminating such sanctions;
and
(6) a description of the efforts of the President to encourage
the governments of other countries to impose sanctions that are
similar to the sanctions authorized by section 1263.
(b) DATES FOR SUBMISSION.—
(1) INITIAL REPORT.—The President shall submit the initial
report under subsection (a) not later than 120 days after the
date of the enactment of this Act.
(2) SUBSEQUENT REPORTS.—
(A) IN GENERAL.—The President shall submit a subse-
quent report under subsection (a) on December 10, or the
first day thereafter on which both Houses of Congress are
in session, of—
(i) the calendar year in which the initial report is
submitted if the initial report is submitted before De-
cember 10 of that calendar year; and
(ii) each calendar year thereafter.
(B) CONGRESSIONAL STATEMENT.—Congress notes that
December 10 of each calendar year has been recognized in
the United States and internationally since 1950 as
‘‘Human Rights Day’’.
(c) FORM OF REPORT.—
(1) IN GENERAL.—Each report required by subsection (a)
shall be submitted in unclassified form, but may include a clas-
sified annex.
(2) EXCEPTION.—The name of a foreign person to be in-
cluded in the list required by subsection (a)(1) may be sub-
mitted in the classified annex authorized by paragraph (1) only
if the President—
(A) determines that it is vital for the national security
interests of the United States to do so;
(B) uses the annex in a manner consistent with con-
gressional intent and the purposes of this subtitle; and
(C) not later than 15 days before submitting the name
in a classified annex, provides to the appropriate congres-
sional committees notice of, and a justification for, includ-
ing the name in the classified annex despite any publicly
available credible information indicating that the person
engaged in an activity described in section 1263(a).
(d) PUBLIC AVAILABILITY.—
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(1) IN GENERAL.—The unclassified portion of the report re-

quired by subsection (a) shall be made available to the public,
including through publication in the Federal Register.

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 543

(2) NONAPPLICABILITY OF CONFIDENTIALITY REQUIREMENT

WITH RESPECT TO VISA RECORDS.—The President shall publish
the list required by subsection (a)(1) without regard to the re-
quirements of section 222(f) of the Immigration and Nationality
Act (8 U.S.C. 1202(f)) with respect to confidentiality of records
pertaining to the issuance or refusal of visas or permits to enter
the United States.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on For-
eign Relations, and the Committee on the Judiciary of the Sen-
ate; and
(2) the Committee on Appropriations, the Committee on Fi-
nancial Services, the Committee on Foreign Affairs, and the
Committee on the Judiciary of the House of Representatives.
SEC. 1265. SUNSET.
(a) IN GENERAL.—The authority to impose sanctions under this
subtitle shall terminate on the date that is 6 years after the date of
the enactment of this Act.
(b) CONTINUATION IN EFFECT OF SANCTIONS.—Sanctions im-
posed under this subtitle on or before the date specified in sub-
section (a), and in effect as of such date, shall remain in effect until
terminated in accordance with the requirements of section 1263(g).
Subtitle G—Miscellaneous Reports
SEC. 1271. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SE-
CURITY DEVELOPMENTS INVOLVING THE PEOPLE’S RE-
PUBLIC OF CHINA.
(a) ANNUAL REPORT.—Subsection (a) of section 1202 of the Na-
tional Defense Authorization Act for Fiscal Year 2000 (Public Law
106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended by striking
‘‘March 1 each year’’ and inserting ‘‘January 31 of each year
through January 31, 2021’’.
(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section,
as most recently amended by section 1252(a) of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3571), is further
amended by adding at the end the following:
‘‘(21) A summary of the order of battle of the People’s Lib-
eration Army, including anti-ship ballistic missiles, theater bal-
listic missiles, and land attack cruise missile inventory.
‘‘(22) A description of the People’s Republic of China’s mili-
tary and nonmilitary activities in the South China Sea.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
take effect on the date of the enactment of this Act and apply with
respect to reports required to be submitted under subsection (a) of
section 1202 of the National Defense Authorization Act for Fiscal
Year 2000 on or after that date.
SEC. 1272. MONITORING AND EVALUATION OF OVERSEAS HUMANI-
TARIAN, DISASTER, AND CIVIC AID PROGRAMS OF THE DE-
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PARTMENT OF DEFENSE.
(a) IN GENERAL.—Of the amounts authorized to be appropriated
by this Act for Overseas Humanitarian, Disaster, and Civic Aid, the

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 544

Secretary of Defense is authorized to use up to 5 percent of such

amounts to conduct monitoring and evaluation of programs that are
funded using such amounts during fiscal years 2017 and 2018.
(b) BRIEFING.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary of Defense shall provide to the ap-
propriate congressional committees a briefing on mechanisms to
evaluate the programs conducted pursuant to the authorities listed
in subsection (a).
(c) DEFINITION.—In subsection (b), the term ‘‘appropriate con-
gressional committees’’ means—
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1273. STRATEGY FOR UNITED STATES DEFENSE INTERESTS IN
AFRICA.
(a) REQUIRED REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in coordina-
tion with the Secretary of State, shall submit to the congressional
defense committees a report that contains the strategy for United
States defense interests in Africa.
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall address the following:
(1) United States national security interests in Africa, in-
cluding an assessment of threats to global and regional United
States national security interests emanating from the continent.
(2) United States defense objectives in Africa.
(3) Courses of action to accomplish United States defense
objectives in Africa, including those conducted in cooperation
with other Federal agencies.
(4) Measures to improve coordination between United
States Africa Command and other combatant commands to
achieve unity of effort to counter threats that cross combatant
command boundaries.
(5) Department of Defense capabilities and resources re-
quired to achieve defense objectives in Africa, and the mitiga-
tion plan to address any gaps in such capabilities or resources
that affect the implementation of the strategy required by sub-
section (a).
(6) Security cooperation initiatives to advance defense objec-
tives in Africa.
(7) Any other matters the Secretary of Defense determines
to be appropriate.
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 1274. REPORT ON THE POTENTIAL FOR COOPERATION BETWEEN
THE UNITED STATES AND ISRAEL ON DIRECTED ENERGY
CAPABILITIES.
(a) REPORT.—Not later than 180 days after the date of the en-
actment of this Act, the Secretary of Defense shall submit to the ap-
propriate committees of Congress a report on the potential for coop-
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erative development by the United States and Israel of a directed

energy capability to defeat ballistic missiles, cruise missiles, un-
manned aerial vehicles, mortars, and improvised explosive devices

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 545

that threaten the United States, deployed forces of the United

States, or Israel. The report shall include the following:
(1) An assessment of the technological maturity of United
States and Israeli directed energy capabilities to defeat adver-
sary threat systems.
(2) An assessment of the respective military capability gaps
of each country that such directed energy developments could
address.
(3) An assessment of the opportunities for the United States
and Israel to cooperate to develop directed energy capabilities to
defeat adversary threat systems, including estimated costs of
pursuing such opportunities.
(4) An assessment of whether such opportunities should be
pursued, including any potential risks from the pursuit of such
opportunities.
(5) Any other matters the Secretary considers appropriate.
(b) FORM.—The report shall be submitted in unclassified form,
but may include a classified annex.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1275. ANNUAL UPDATE OF DEPARTMENT OF DEFENSE FREEDOM
OF NAVIGATION REPORT.
(a) IN GENERAL.—The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of Rep-
resentatives on an annual basis a report setting forth an update of
the most current Department of Defense Freedom of Navigation Re-
port under the Freedom of Navigation Operations (FONOPS) pro-
gram. The purpose of each report shall be to document the types and
locations of excessive claims that the Armed Forces of the United
States have challenged in the previous year in order to preserve the
rights, freedoms, and uses of the sea and airspace guaranteed to all
countries by international law.
(b) ELEMENTS.—Each report under this section shall include,
for the year covered by such report, the following:
(1) Each excessive maritime claim challenged by the United
States under the program referred to in subsection (a), includ-
ing the country making each such claim.
(2) The nature of each claim, including the geographic loca-
tion or area covered by such claim (including the body of water
and island grouping, when applicable).
(3) The specific legal challenge asserted through the pro-
gram.
(c) FORM.—Each report under this section shall be submitted in
unclassified form.
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(d) SUNSET.—No report is required under this section after De-

cember 31, 2021.

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 546
SEC. 1276. ASSESSMENT OF PROLIFERATION OF CERTAIN REMOTELY
PILOTED AIRCRAFT SYSTEMS.
(a) REPORT ON ASSESSMENT OF PROLIFERATION OF REMOTELY
PILOTED AIRCRAFT SYSTEMS.—Not later than 6 months after the
date of the enactment of this Act, the Chairman of the Joint Chiefs
of Staff shall submit to the congressional defense committees a re-
port setting forth an assessment, obtained by the Chairman for pur-
poses of the report, of the impact to United States national security
interests of the proliferation of remotely piloted aircraft that are as-
sessed to be ‘‘Category I’’ items under the Missile Technology Control
Regime (MTCR).
(b) INDEPENDENT ASSESSMENT.—
(1) IN GENERAL.—The assessment obtained for purposes of
subsection (a) shall be conducted by a federally funded research
and development center (FFRDC), or another appropriate inde-
pendent entity with expertise in the procurement and operation
of remotely piloted aircraft, selected by the Chairman for pur-
poses of the assessment.
(2) USE OF PREVIOUS STUDIES.—The entity conducting the
assessment may use and incorporate information from previous
studies on matters appropriate to the assessment.
(c) ELEMENTS.—The assessment obtained for purposes of sub-
section (a) shall include the following:
(1) A qualitative and quantitative assessment of the scope
and scale of the proliferation of remotely piloted aircraft that
are ‘‘Category I’’ items under the Missile Technology Control Re-
gime.
(2) An assessment of the threat posed to United States in-
terests as a result of the proliferation of such aircraft to adver-
saries.
(3) An assessment of the impact of the proliferation of such
aircraft on the combat capabilities of and interoperability with
partners and allies of the United States.
(4) An analysis of the degree to which the United States has
limited the proliferation of such aircraft as a result of the appli-
cation of a ‘‘strong presumption of denial’’ for exports of such
aircraft.
(5) An assessment of the benefits and risks of continuing to
limit exports of such aircraft.
(6) Such other matters as the Chairman considers appro-
priate.
(d) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
Subtitle H—Other Matters
SEC. 1281. ENHANCEMENT OF INTERAGENCY SUPPORT DURING CON-
TINGENCY OPERATIONS AND TRANSITION PERIODS.
(a) AUTHORITY.—The Secretary of Defense and the Secretary of
State may enter into an agreement under which each Secretary may
provide covered support, supplies, and services on a reimbursement
basis, or by exchange of covered support, supplies, and services, to
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the other Secretary during a contingency operation and related tran-

sition period for up to 2 years following the end of such contingency
operation.

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 547

(b) AGREEMENT.—An agreement entered into under this section

shall be in writing and shall include the following terms:
(1) The price charged by a supplying agency shall be the di-
rect costs that such agency incurred by providing the covered
support, supplies, or services to the requesting agency under
this section.
(2) Credits and liabilities of the agencies accrued as a re-
sult of acquisitions and transfers of covered support, supplies,
and services under this section shall be liquidated not less often
than once every 3 months by direct payment to the agency sup-
plying such support, supplies, or services by the agency receiv-
ing such support, supplies, or services.
(3) Exchange entitlements accrued as a result of acquisi-
tions and transfers of covered support, supplies, and services
under this section shall be satisfied within 12 months after the
date of the delivery of the covered support, supplies, or services.
Exchange entitlements not so satisfied shall be immediately liq-
uidated by direct payment to the agency supplying such covered
support, supplies, or services.
(c) EFFECT OF OBLIGATION AND AVAILABILITY OF FUNDS.—An
order placed by an agency pursuant to an agreement under this sec-
tion is deemed to be an obligation in the same manner that a simi-
lar order placed under a contract with, or a contract for similar
goods or services awarded to, a private contractor is an obligation.
Appropriations remain available to pay an obligation to the serv-
icing agency in the same manner as appropriations remain avail-
able to pay an obligation to a private contractor.
(d) DEFINITIONS.—In this section:
(1) COVERED SUPPORT, SUPPLIES, AND SERVICES.—The term
‘‘covered support, supplies, and services’’ means food, billeting,
transportation (including airlift), petroleum, oils, lubricants,
communications services, medical services, ammunition, base
operations support, use of facilities, spare parts and compo-
nents, repair and maintenance services, and calibration serv-
ices.
(2) CONTINGENCY OPERATION.—The term ‘‘contingency oper-
ation’’ has the meaning given that term in section 101(a)(13) of
title 10, United States Code.
(e) CREDITING OF RECEIPTS.—Any receipt as a result of an
agreement entered into under this section shall be credited, at the
option of the Secretary of Defense with respect to the Department of
Defense and the Secretary of State with respect to the Department
of State, to—
(1) the appropriation, fund, or account used in incurring
the obligation; or
(2) an appropriate appropriation, fund, or account cur-
rently available for the purposes for which the expenditures
were made.
(f) NOTIFICATION.—Not later than 30 days after the end of a fis-
cal year in which covered support, supplies, and services are pro-
vided or exchanged pursuant to an agreement under this section,
the Secretary of Defense and the Secretary of State shall jointly sub-
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mit to the congressional defense committees, the Committee on For-

eign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a notification that contains a copy

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 548

of such agreement and a description of such covered support, sup-

plies, and services.
SEC. 1282. TWO-YEAR EXTENSION AND MODIFICATION OF AUTHORIZA-
TION OF NON-CONVENTIONAL ASSISTED RECOVERY CAPA-
BILITIES.
(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 943 of
the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4579), as most recently
amended by section 1271 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1075), is further
amended by striking ‘‘2018’’ and inserting ‘‘2021’’.
(b) MODIFICATION TO AUTHORIZED ACTIVITIES.—Subsection (c)
of such section is amended by inserting ‘‘, or other individuals, as
determined by the Secretary of Defense, with respect to already es-
tablished non-conventional assisted recovery capabilities’’ before the
period at the end of the first sentence.
SEC. 1283. AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR
II-ERA UNITED STATES-ORIGIN CHEMICAL MUNITIONS LO-
CATED ON SAN JOSE ISLAND, REPUBLIC OF PANAMA.
(a) AUTHORITY.—
(1) IN GENERAL.—Subject to subsection (b), the Secretary of
Defense may destroy the chemical munitions described in sub-
section (c).
(2) EX GRATIA ACTION.—The action authorized by this sec-
tion is ‘‘ex gratia’’ on the part of the United States, as the term
‘‘ex gratia’’ is used in section 321 of the Strom Thurmond Na-
tional Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 10 U.S.C. 2701 note).
(3) CONSULTATION BETWEEN SECRETARY OF DEFENSE AND
SECRETARY OF STATE.—The Secretary of Defense and the Sec-
retary of State shall consult and develop any arrangements
with the Republic of Panama with respect to this section.
(b) CONDITIONS.—The Secretary of Defense may exercise the au-
thority under subsection (a) only if the Republic of Panama has—
(1) revised the declaration of the Republic of Panama under
the Convention on the Prohibition of the Development, Produc-
tion, Stockpiling and Use of Chemical Weapons and on Their
Destruction to indicate that the chemical munitions described
in subsection (c) are ‘‘old chemical weapons’’ rather than ‘‘aban-
doned chemical weapons’’; and
(2) affirmed, in writing, that it understands (A) that the
United States intends only to destroy the munitions described
in subsections (c) and (d), and (B) that the United States is not
legally obligated and does not intend to destroy any other muni-
tions, munitions constituents, and associated debris that may
be located on San Jose Island as a result of research, develop-
ment, and testing activities conducted on San Jose Island dur-
ing the period of 1943 through 1947.
(c) CHEMICAL MUNITIONS.—The chemical munitions described
in this subsection are the eight United States-origin chemical muni-
tions located on San Jose Island, Republic of Panama, that were
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identified in the 2002 Final Inspection Report of the Technical Sec-

retariat of the Organization for the Prohibition of Chemical Weap-
ons.

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 549

(d) LIMITED INCIDENTAL AUTHORITY TO DESTROY OTHER MUNI-

TIONS.—In exercising the authority under subsection (a), the Sec-
retary of Defense may destroy other munitions located on San Jose
Island, Republic of Panama, but only to the extent essential and re-
quired to reach and destroy the chemical munitions described in
subsection (c).
(e) SOURCE OF FUNDS.—Of the amounts authorized to be appro-
priated by this Act, the Secretary of Defense may use up to
$30,000,000 from amounts made available for Chemical Agents and
Munitions Destruction, Defense to carry out the authority in sub-
section (a).
(f) SUNSET.—The authority under subsection (a) shall terminate
on the date that is 3 years after the date of the enactment of this
Act.
SEC. 1284. SENSE OF CONGRESS ON MILITARY EXCHANGES BETWEEN
THE UNITED STATES AND TAIWAN.
(a) MILITARY EXCHANGES BETWEEN SENIOR OFFICERS AND OF-
FICIALS OF THE UNITED STATES AND TAIWAN.—The Secretary of De-
fense should carry out a program of exchanges of senior military of-
ficers and senior officials between the United States and Taiwan de-
signed to improve military to military relations between the United
States and Taiwan.
(b) EXCHANGES DESCRIBED.—For the purposes of this section,
an exchange is an activity, exercise, event, or observation oppor-
tunity between members of the Armed Forces and officials of the De-
partment of Defense, on the one hand, and armed forces personnel
and officials of Taiwan, on the other hand.
(c) FOCUS OF EXCHANGES.—The exchanges under the program
described in subsection (a) should include exchanges focused on the
following:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(7) Humanitarian assistance and disaster relief.
(d) CIVIL-MILITARY AFFAIRS.—The exchanges under the pro-
gram described in subsection (a) should include activities and exer-
cises focused on civil-military relations, including parliamentary re-
lations.
(e) LOCATION OF EXCHANGES.—The exchanges under the pro-
gram described in subsection (a) should be conducted in both the
United States and Taiwan.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘senior military officer’’, with respect to the
Armed Forces, means a general or flag officer of the Armed
Forces on active duty.
(2) The term ‘‘senior official’’, with respect to the Depart-
ment of Defense, means a civilian official of the Department of
Defense at the level of Assistant Secretary of Defense or above.
SEC. 1285. LIMITATION ON AVAILABILITY OF FUNDS TO IMPLEMENT
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THE ARMS TRADE TREATY.

(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 2017

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 550

for the Department of Defense may be obligated or expended to im-

plement the Arms Trade Treaty, or to make any change to existing
programs, projects, or activities as approved by Congress in further-
ance of, pursuant to, or otherwise to implement the Arms Trade
Treaty, unless the Arms Trade Treaty has received the advice and
consent of the Senate and has been the subject of implementing leg-
islation, as required, by Congress.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to preclude the Department of Defense from assisting for-
eign countries in bringing their laws and regulations up to United
States standards.
SEC. 1286. PROHIBITION ON USE OF FUNDS TO INVITE, ASSIST, OR
OTHERWISE ASSURE THE PARTICIPATION OF CUBA IN
CERTAIN JOINT OR MULTILATERAL EXERCISES.
(a) PROHIBITION.—The Secretary of Defense may not use any
funds authorized to be appropriated or otherwise made available for
fiscal year 2017 for the Department of Defense to invite, assist, or
otherwise assure the participation of the Government of Cuba in any
joint or multilateral exercise or related security conference between
the Governments of the United States and Cuba until the Secretary
of Defense and the Secretary of State, in consultation with the Di-
rector of National Intelligence, certify to the appropriate congres-
sional committees that—
(1) the Cuban military has ceased committing human
rights abuses against civil rights activists and other citizens of
Cuba;
(2) the Cuban military has ceased providing military intel-
ligence, weapons training, strategic planning, and security lo-
gistics to the military and security forces of Venezuela;
(3) the Cuban military and other security forces in Cuba
have ceased all persecution, intimidation, arrest, imprisonment,
and assassination of dissidents and members of faith-based or-
ganizations;
(4) the Government of Cuba no longer demands that the
United States relinquish control of Guantanamo Bay, in viola-
tion of an international treaty; and
(5) the officials of the Cuban military that were indicted in
the murder of United States citizens during the shootdown of
planes operated by the Brothers to the Rescue humanitarian or-
ganization in 1996 are brought to justice.
(b) EXCEPTIONS.—The prohibition in subsection (a) shall not
apply with respect to—
(1) payments in furtherance of the lease agreement, or other
financial transactions necessary for maintenance and improve-
ments of the military base at Guantanamo Bay, Cuba, includ-
ing any adjacent areas under the control or possession of the
United States;
(2) assistance or support in furtherance of democracy-build-
ing efforts for Cuba described in section 109 of the Cuban Lib-
erty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039);
(3) customary and routine financial transactions necessary
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for the maintenance, improvements, or regular duties of the

United States mission in Havana, including outreach to the
pro-democracy opposition; or

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 551

(4) any joint or multilateral exercise or operation related to

humanitarian assistance or disaster response.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1287. GLOBAL ENGAGEMENT CENTER.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in coordination
with the Secretary of Defense and the heads of other relevant
Federal departments and agencies, shall establish within the
Department of State a Global Engagement Center (in this sec-
tion referred to as the ‘‘Center’’).
(2) PURPOSE.—The purpose of the Center shall be to lead,
synchronize, and coordinate efforts of the Federal Government
to recognize, understand, expose, and counter foreign state and
non-state propaganda and disinformation efforts aimed at un-
dermining United States national security interests.
(b) FUNCTIONS.—The Center shall carry out the following func-
tions:
(1) Integrate interagency and international efforts to track
and evaluate counterfactual narratives abroad that threaten the
national security interests of the United States and United
States allies and partner nations.
(2) Analyze relevant information, data, analysis, and ana-
lytics from United States Government agencies, United States
allies and partner nations, think tanks, academic institutions,
civil society groups, and other nongovernmental organizations.
(3) As needed, support the development and dissemination
of fact-based narratives and analysis to counter propaganda
and disinformation directed at the United States and United
States allies and partner nations.
(4) Identify current and emerging trends in foreign propa-
ganda and disinformation in order to coordinate and shape the
development of tactics, techniques, and procedures to expose
and refute foreign misinformation and disinformation and
proactively promote fact-based narratives and policies to audi-
ences outside the United States.
(5) Facilitate the use of a wide range of technologies and
techniques by sharing expertise among Federal departments
and agencies, seeking expertise from external sources, and im-
plementing best practices.
(6) Identify gaps in United States capabilities in areas rel-
evant to the purpose of the Center and recommend necessary en-
hancements or changes.
(7) Identify the countries and populations most susceptible
to propaganda and disinformation based on information pro-
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vided by appropriate interagency entities.

(8) Administer the information access fund established pur-
suant to subsection (f).

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 552

(9) Coordinate with United States allies and partner na-

tions in order to amplify the Center’s efforts and avoid duplica-
tion.
(10) Maintain, collect, use, and disseminate records (as
such term is defined in section 552a(a)(4) of title 5, United
States Code) for research and data analysis of foreign state and
non-state propaganda and disinformation efforts and commu-
nications related to public diplomacy efforts intended for for-
eign audiences. Such research and data analysis shall be rea-
sonably tailored to meet the purposes of this paragraph and
shall be carried out with due regard for privacy and civil lib-
erties guidance and oversight.
(c) HEAD OF CENTER.—
(1) APPOINTMENT.—The head of the Center shall be an in-
dividual who is an official of the Federal Government, who
shall be appointed by the President.
(2) COMPLIANCE WITH PRIVACY AND CIVIL LIBERTIES LAWS.—
The President shall designate a senior official to develop guid-
ance for the Center relating to relevant privacy and civil lib-
erties laws and to ensure compliance with such guidance.
(d) EMPLOYEES OF THE CENTER.—
(1) DETAILEES.—Any Federal Government employee may be
detailed to the Center without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege for a period of not more than 3 years.
(2) PERSONAL SERVICE CONTRACTORS.—The Secretary of
State may hire United States citizens or aliens as personal serv-
ices contractors for purposes of personnel resources of the Cen-
ter, if—
(A) the Secretary determines that existing personnel re-
sources are insufficient;
(B) the period in which services are provided by a per-
sonal services contractor, including options, does not exceed
3 years, unless the Secretary determines that exceptional
circumstances justify an extension of up to one additional
year;
(C) not more than 50 United States citizens or aliens
are employed as personal services contractors under the au-
thority of this paragraph at any time; and
(D) the authority of this paragraph is only used to ob-
tain specialized skills or experience or to respond to urgent
needs.
(e) TRANSFER OF AMOUNTS AUTHORIZED.—
(1) IN GENERAL.—If amounts authorized to be appropriated
or otherwise made available to carry out the functions of the
Center—
(A) for fiscal year 2017 are less than $80,000,000, the
Secretary of Defense is authorized to transfer, from
amounts authorized to be appropriated by this Act for the
Department of Defense for fiscal year 2017, to the Secretary
of State an amount, not to exceed $60,000,000, to be avail-
able to carry out the functions of the Center for fiscal year
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2017; and
(B) for fiscal year 2018 are less than $80,000,000, the
Secretary of Defense is authorized to transfer, from

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 553

amounts authorized to be appropriated by an Act author-

izing funds for the Department of Defense for fiscal year
2018, to the Secretary of State an amount, not to exceed
$60,000,000, to be available to carry out the functions of
the Center for fiscal year 2018.
(2) NOTICE REQUIREMENT.—The Secretary of Defense shall
notify the congressional defense committees of a proposed trans-
fer under paragraph (1) not less than 15 days prior to making
such transfer.
(3) INAPPLICABILITY OF REPROGRAMMING REQUIREMENTS.—
The authority to transfer amounts under paragraph (1) shall
not be subject to any reprogramming requirement under any
other provision of law.
(f) INFORMATION ACCESS FUND.—
(1) AUTHORITY FOR GRANTS.—The Center is authorized to
provide grants or contracts of financial support to civil society
groups, media content providers, nongovernmental organiza-
tions, federally funded research and development centers, pri-
vate companies, or academic institutions for the following pur-
poses:
(A) To support local independent media who are best
placed to refute foreign disinformation and manipulation
in their own communities.
(B) To collect and store examples in print, online, and
social media, disinformation, misinformation, and propa-
ganda directed at the United States and its allies and part-
ners.
(C) To analyze and report on tactics, techniques, and
procedures of foreign information warfare with respect to
disinformation, misinformation, and propaganda.
(D) To support efforts by the Center to counter efforts
by foreign entities to use disinformation, misinformation,
and propaganda to influence the policies and social and po-
litical stability of the United States and United States al-
lies and partner nations.
(2) FUNDING AVAILABILITY AND LIMITATIONS.—The Sec-
retary of State shall provide that each organization that applies
to receive funds under this subsection is selected in accordance
with the relevant existing regulations to ensure its bona fides,
capability, and experience, and its compatibility with United
States interests and objectives.
(g) REPORTS.—
(1) IN GENERAL.—Not later than one year after the date on
which the Center is established, the Secretary of State shall
submit to the appropriate congressional committees a report
evaluating the success of the Center in carrying out its functions
under subsection (b) and outlining steps to improve any areas
of deficiency.
(2) DEFINITION.—In this subsection, the term ‘‘appropriate
congressional committees’’ means—
(A) the Committee on Foreign Relations, the Committee
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on Armed Services, the Committee on Homeland Security

and Governmental Affairs, and the Committee on Appro-
priations of the Senate; and

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 554

(B) the Committee on Foreign Affairs, the Committee

on Armed Services, the Committee on Homeland Security,
and the Committee on Appropriations of the House of Rep-
resentatives.
(h) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available to carry out this section shall
be used for purposes other than countering foreign propaganda and
misinformation that threatens United States national security.
(i) TERMINATION.—The Center shall terminate on the date that
is 8 years after the date of the enactment of this Act.
SEC. 1288. MODIFICATION OF UNITED STATES INTERNATIONAL
BROADCASTING ACT OF 1994.
The United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.; Public Law 103–236) is amended—
(1) by amending section 304 (22 U.S.C. 6203) to read as fol-
lows:
‘‘SEC. 304. ESTABLISHMENT OF THE CHIEF EXECUTIVE OFFICER OF
THE BROADCASTING BOARD OF GOVERNORS.
‘‘(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH.—The
Broadcasting Board of Governors shall continue to exist within the
Executive branch of Government as an entity described in section
104 of title 5, United States Code.
‘‘(b) CHIEF EXECUTIVE OFFICER.—
‘‘(1) IN GENERAL.—The head of the Broadcasting Board of
Governors shall be a Chief Executive Officer, who shall be ap-
pointed by the President, by and with the advice and consent
of the Senate. Notwithstanding any other provision of law, until
such time as a Chief Executive Officer is appointed and has
qualified, the current or acting Chief Executive Officer ap-
pointed by the Board may continue to serve and exercise the au-
thorities and powers under this Act.
‘‘(2) TERM.—The first Chief Executive Officer appointed
pursuant to paragraph (1) shall serve for an initial term of
three years.
‘‘(3) COMPENSATION.—A Chief Executive Officer appointed
pursuant to paragraph (1) shall be compensated at the annual
rate of basic pay for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
‘‘(c) TERMINATION OF DIRECTOR OF INTERNATIONAL BROAD-
CASTING BUREAU.—Effective on the date of the enactment of this sec-
tion, the position of the Director of the International Broadcasting
Bureau shall be terminated, and all of the responsibilities, offices,
authorities, and immunities of the Director or the Board under this
or any other Act or authority before such date of enactment shall be
transferred or available to, assumed by, or overseen by the Chief Ex-
ecutive Officer, as head of the Board.
‘‘(d) IMMUNITY FROM CIVIL LIABILITY.—Notwithstanding any
other provision of law, all limitations on liability that apply to the
Chief Executive Officer shall also apply to members of the boards
of directors of RFE/RL, Inc., Radio Free Asia, the Middle East
Broadcasting Networks, or any organization that consolidates such
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entities when such members are acting in their official capacities.’’;

(2) in section 305 (22 U.S.C. 6204)—
(A) in subsection (a)—

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 555

(i) by striking ‘‘Board’’ each place it appears and

inserting ‘‘Chief Executive Officer’’;
(ii) in paragraph (1), by inserting ‘‘direct and’’ be-
fore ‘‘supervise’’;
(iii) in paragraph (5)—
(I) by inserting ‘‘and cooperative agreements’’
after ‘‘grants’’; and
(II) by striking ‘‘in accordance with sections
308 and 309’’ and inserting ‘‘in furtherance of the
purposes of this Act and on behalf of other agen-
cies, accordingly’’;
(iv) in paragraph (6)—
(I) by striking ‘‘International Broadcasting Bu-
reau’’ and inserting ‘‘Board’’; and
(II) by striking ‘‘subject to the limitations in
sections 308 and 309 and’’;
(v) in paragraph (10)—
(I) by inserting ‘‘, rent, or lease’’ after ‘‘pro-
cure’’; and
(II) by striking ‘‘personal property’’ and insert-
ing ‘‘property for journalism, media, production,
and broadcasting, and related support services,
notwithstanding any other provision of law relat-
ing to such acquisition, rental, or lease, and under
the same terms and conditions as authorized
under section 501(b) of the United States Informa-
tion and Educational Exchange Act of 1948 (22
U.S.C. 1461(b)), and for multiyear contracts and
leases for periods of up to 20 years subject to the
requirements of subsections (b) through (f) of sec-
tion 3903 of title 41, United States Code’’;
(vi) in paragraph (11)—
(I) by striking ‘‘staff’’;
(II) by striking ‘‘as the Board’’ and inserting
‘‘as the Chief Executive Officer’’; and
(III) by striking ‘‘subject’’ and inserting ‘‘which
shall not be subject’’;
(vii) in paragraph (13)—
(I) by striking ‘‘Bureau’’ and inserting ‘‘Board’’;
and
(II) by striking ‘‘Board has taken’’ and insert-
ing ‘‘Chief Executive Officer has taken’’;
(viii) in paragraph (14)—
(I) by inserting ‘‘transmission or’’ before
‘‘relay’’; and
(II) by inserting ‘‘or any other grantee author-
ized under this Act’’ after ‘‘Radio Free Asia’’;
(ix) in paragraph (15)(A), by striking—
(I) ‘‘temporary and intermittent’’; and
(II) ‘‘to the same extent as is authorized by sec-
tion 3109 of title 5, United States Code,’’;
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(x) in paragraph (16), by striking ‘‘Board deter-

mines’’ and inserting ‘‘Chief Executive Officer deter-
mines’’;

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 556

(xi) in paragraph (18), by striking ‘‘the Bureau’’

and inserting ‘‘the Chief Executive Officer’’; and
(xii) by adding at the end the following new para-
graphs:
‘‘(20) Notwithstanding any other provision of law, includ-
ing section 308(a), to condition, if appropriate, any grant or co-
operative agreement to RFE/RL, Inc., Radio Free Asia, or the
Middle East Broadcasting Networks, or any organization that
is established through the consolidation of such entities, on au-
thority to determine membership of their respective boards, and
the consolidation of such grantee entities into a single grantee
organization under terms and conditions established by the
Board.
‘‘(21) To redirect or reprogram funds within the scope of
any grant or cooperative agreement, or between grantees, as
necessary (and not later than 15 days before any such redirec-
tion of funds between language services, to notify the Committee
on Appropriations and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Appropriations
and the Committee on Foreign Relations of the Senate regard-
ing such redirection), and to condition grants or cooperative
agreements, if appropriate, on such grants or cooperative agree-
ments or any similar amendments as authorized under section
308(a), including authority to name and replace the board of
any grantee authorized under this Act, including with Federal
officials, to meet the purposes of this Act.
‘‘(22) To change the name of the Board pursuant to congres-
sional notification 60 days prior to any such change.’’;
(B) by striking subsections (b) and (c); and
(C) by redesignating subsection (d) as subsection (b);
and
(D) in subsection (b) (as so redesignated)—
(i) by striking ‘‘and the Board’’ and inserting ‘‘and
the Chief Executive Officer’’; and
(ii) by striking ‘‘International Broadcasting Bu-
reau’’ and inserting ‘‘Board’’;
(3) by amending section 306 (22 U.S.C. 6205) to read as fol-
lows:
‘‘SEC. 306. ESTABLISHMENT OF THE INTERNATIONAL BROADCASTING
ADVISORY BOARD.
‘‘(a) IN GENERAL.—Except as provided in subsection (b)(2), the
International Broadcasting Advisory Board (referred to in this sec-
tion as the ‘Advisory Board’) shall consist of five members, includ-
ing the Secretary of State, appointed by the President and in accord-
ance with subsection (d), to advise the Chief Executive Officer of the
Broadcasting Board of Governors, as appropriate.
‘‘(b) RETENTION OF EXISTING BBG BOARD MEMBERS.—
‘‘(1) IN GENERAL.—The presidentially appointed and Sen-
ate-confirmed members of the Board of the Broadcasting Board
of Governors who are serving on unexpired terms as of the date
of the enactment of this section shall—
‘‘(A) constitute the first Advisory Board; and
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‘‘(B) hold office for the remainder of their original

terms of office without reappointment to the Advisory
Board.

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 557

‘‘(2) EFFECT OF ADDITIONAL MEMBERS.—If, on the date of

the enactment of this section, more than five members described
in subsection (a) are serving their original terms of office on the
Broadcasting Board of Governors, each such member may serve
on the Advisory Board for a period equal to the time remaining
on each such member’s respective term without reappointment.
‘‘(c) TERMS OF OFFICE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the
term of office of each member of the Advisory Board appointed
pursuant to subsection (a) shall be three years.
‘‘(2) VACANCIES.—If a vacancy on the Advisory Board oc-
curs before the expiration of the term of the member who cre-
ated such vacancy—
‘‘(A) the President shall appoint a new member to fill
such vacancy in accordance with subsection (d); and
‘‘(B) the member appointed pursuant to such subsection
shall serve for the remainder of such term.
‘‘(3) SERVICE BEYOND TERM PROHIBITED.—Members may
not serve beyond the term for which they were appointed.
‘‘(d) SELECTION OF THE BOARD.—In identifying individuals for
appointment to the Advisory Board under subsection (a), the Presi-
dent shall appoint United States citizens—
‘‘(1) who, with the exception of the Secretary of State, are
not regular, full-time employees of the United States Govern-
ment; and
‘‘(2) distinguished in the fields of public diplomacy, mass
communications, print, broadcast or digital media, or foreign
affairs, of whom—
‘‘(A) one individual should be appointed from among a
list of at least three individuals submitted by the Chair of
the Committee on Foreign Affairs of the House of Rep-
resentatives;
‘‘(B) one individual should be appointed from among a
list of at least three individuals submitted by the Ranking
Member of the Committee on Foreign Affairs of the House
of Representatives;
‘‘(C) one individual should be appointed from among a
list of at least three individuals submitted by the Chair of
the Committee on Foreign Relations of the Senate; and
‘‘(D) one individual should be appointed from among a
list of at least three individuals submitted by the Ranking
Member of the Committee on Foreign Relations of the Sen-
ate.
‘‘(e) FUNCTIONS OF THE BOARD.—The members of the Advisory
Board shall perform the following advisory functions:
‘‘(1) To provide the Chief Executive Officer of the Broad-
casting Board of Governors with counsel and recommendations
for improving the effectiveness and efficiency of the agency and
its programming.
‘‘(2) To meet with the Chief Executive Officer at least twice
annually and at additional meetings at the request of the Chief
Executive Officer.
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‘‘(3) To report periodically or upon request to the congres-

sional committees specified in subsection (d)(2) regarding its
counsel and recommendations for improving the effectiveness

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 558

and efficiency of the Broadcasting Board of Governors and its

programming.
‘‘(4) To obtain information from the Chief Executive Officer,
as needed, for the purposes of fulfilling the functions described
in this subsection.
‘‘(f) COMPENSATION.—Members of the Advisory Board, including
the Secretary of State, may not receive any fee, salary, or remunera-
tion of any kind for their service as members.’’;
(4) by striking section 307 (22 U.S.C. 6206);
(5) in section 308 (22 U.S.C. 6207)—
(A) in subsection (a)(1), by striking ‘‘of the Broad-
casting Board of Governors established under section 304
and no other members’’ and inserting ‘‘authorized under
section 305(a)(20)’’;
(B) by amending subsection (d) to read as follows:
‘‘(d) ALTERNATIVE GRANTEE.—If the Chief Executive Officer de-
termines at any time that RFE/RL, Incorporated is not carrying out
the functions described in this section in an effective and economical
manner, the Board may award the grant to carry out such functions
to another entity.’’; and
(C) in subsection (g)(4)—
(i) by striking ‘‘International Broadcasting Bu-
reau’’ and inserting ‘‘any other grantee of the Board’’;
and
(ii) by striking ‘‘by the Board’’ and inserting ‘‘by
the Chief Executive Officer’’; and
(D) in subsection (i), by striking ‘‘(1) Effective’’ and in-
serting ‘‘Effective’’;
(6) in section 309 (22 U.S.C. 6208)—
(A) in subsection (f)(2), by striking ‘‘Chairman of the
Board’’ and inserting ‘‘Chief Executive Officer of the
Board’’;
(B) by redesignating subsection (g) as subsection (h);
and
(C) by inserting after subsection (f) the following new
subsection:
‘‘(g) ALTERNATIVE GRANTEE.—If the Chief Executive Officer de-
termines at any time that Radio Free Asia is not carrying out the
functions described in this section in an effective and economical
manner, the Board may award the grant to carry out such functions
to another entity.’’;
(7) by inserting after section 309 (22 U.S.C. 6208) the fol-
lowing new sections:
‘‘SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE
OFFICER.
‘‘(a) CONSOLIDATION OF GRANTEE ORGANIZATIONS.—
‘‘(1) IN GENERAL.—The Chief Executive Officer, subject to
the regular notification procedures of the Committee on Appro-
priations and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate, who is author-
ized to incorporate a grantee, may condition annual grants to
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RFE/RL, Inc., Radio Free Asia, and the Middle East Broad-
casting Networks on the consolidation of such grantees into a
single, consolidated private, non-profit corporation (in accord-

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 559

ance with section 501(c)(3) of the Internal Revenue Code and ex-
empt from tax under section 501(a) of such Code), in such a
manner and under such terms and conditions as determined by
the Chief Executive Officer, which may broadcast and provide
news and information to audiences wherever the agency may
broadcast, for activities that the Chief Executive Officer deter-
mines are consistent with the purposes of this Act, including the
terms and conditions of subsections (g)(5), (h), (i), and (j) of sec-
tion 308, except that the Agency may select any name for such
a consolidated grantee.
‘‘(2) SPECIAL RULE.—No State or political subdivision of a
State may establish, enforce, or continue in effect any provision
of law or legal requirement that is different from, or is in con-
flict with, any requirement or authority applicable under this
Act relating to the consolidation, incorporation, structure, or
dissolution of any grantee under this Act.
‘‘(b) MISSION.—The consolidated grantee established under sub-
section (a) shall—
‘‘(1) counter state-sponsored propaganda which undermines
the national security or foreign policy interests of the United
States and its allies;
‘‘(2) provide uncensored local and regional news and anal-
ysis to people in societies where a robust, indigenous, inde-
pendent, and free media does not exist;
‘‘(3) help countries improve their indigenous capacity to en-
hance media professionalism and independence, and develop
partnerships with local media outlets, as appropriate; and
‘‘(4) promote unrestricted access to uncensored sources of in-
formation, especially via the internet, and use all effective and
efficient mediums of communication to reach target audiences.
‘‘(c) FEDERAL STATUS.—Nothing in this or any other Act, or any
action taken pursuant to this or any other Act, may be construed to
make such a consolidated grantee described in subsection (a) or
RFE/RL, Inc., Radio Free Asia, or the Middle East Broadcasting
Networks or any other grantee or entity provided funding by the
agency a Federal agency or instrumentality. Employees or staff of
such grantees or entities may not be Federal employees. For pur-
poses of this section and this Act, the term ‘grant’ includes agree-
ments under section 6305 of title 31, United States Code, and the
term ‘grantee’ includes recipients of such agreements.
‘‘(d) LEADERSHIP OF GRANTEE ORGANIZATIONS.—Officers and
directors of RFE/RL Inc., Radio Free Asia, and the Middle East
Broadcasting Networks or any organization that is established
through the consolidation of such entities, or authorized under this
Act, shall serve at the pleasure of and may be named by the Chief
Executive Officer of the Board.
‘‘(e) MAINTENANCE OF THE EXISTING INDIVIDUAL GRANTEE
BRANDS.—RFE/RL, Incorporated, Radio Free Asia, and the Middle
East Broadcasting Networks, Incorporated should remain brand
names under which news and related programming and content
may be disseminated by the consolidated grantee. Additional brands
may be created as necessary.
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‘‘SEC. 310A. INSPECTOR GENERAL AUTHORITIES.

‘‘(a) IN GENERAL.—The Inspector General of the Department of
State and the Foreign Service shall exercise the same authorities

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 560

with respect to the Broadcasting Board of Governors as the Inspec-

tor General exercises under the Inspector General Act of 1978 and
section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) with
respect to the Department of State.
‘‘(b) RESPECT FOR JOURNALISTIC INTEGRITY OF BROAD-
CASTERS.—The Inspector General of the Department of State and
the Foreign Service shall respect the journalistic integrity of all the
broadcasters covered by this Act and may not evaluate the philo-
sophical or political perspectives reflected in the content of broad-
casts.
‘‘SEC. 310B. ROLE OF THE SECRETARY OF STATE IN FOREIGN POLICY
GUIDANCE.
‘‘To assist the Board in carrying out its functions, the Chief Ex-
ecutive Officer shall regularly consult with and seek from the Sec-
retary of State guidance on foreign policy issues.’’; and
(8) in section 314 (22 U.S.C. 6213)—
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
‘‘(4) the terms ‘Board’ and ‘Chief Executive Officer of the
Board’ mean the Broadcasting Board of Governors and the po-
sition, respectively, authorized in accordance with this Act;’’.
SEC. 1289. REDESIGNATION OF SOUTH CHINA SEA INITIATIVE.
(a) REDESIGNATION AS SOUTHEAST ASIA MARITIME SECURITY
INITIATIVE.—Subsection (a)(2) of section 1263 of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1073; 10 U.S.C. 2282 note) is amended by striking ‘‘the
‘South China Sea Initiative’ ’’ and inserting ‘‘the ‘Southeast Asia
Maritime Security Initiative’ ’’.
(b) CONFORMING AMENDMENT.—The heading of such section is
amended to read as follows:
‘‘SEC. 1263. SOUTHEAST ASIA MARITIME SECURITY INITIATIVE.’’.
SEC. 1290. MEASURES AGAINST PERSONS INVOLVED IN ACTIVITIES
THAT VIOLATE ARMS CONTROL TREATIES OR AGREE-
MENTS WITH THE UNITED STATES.
(a) REPORTS ON PERSONS THAT VIOLATE TREATIES OR AGREE-
MENTS.—
(1) IN GENERAL.—Not later than 30 days after the sub-
mittal to Congress of an annual report on the status of United
States policy and actions with respect to arms control, non-
proliferation, and disarmament pursuant to section 403 of the
Arms Control and Disarmament Act (22 U.S.C. 2593a), the Sec-
retary of the Treasury shall submit to the appropriate congres-
sional committees a report, consistent with the protection of in-
telligence sources and methods, identifying every person with
respect to whom there is credible information indicating that—
(A) the person—
(i)(I) is an individual who is a citizen, national, or
permanent resident of a country described in para-
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graph (2); or
(II) is an entity organized under the laws of a
country described in paragraph (2); and

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 561

(ii) has engaged in any activity that contributed to

or is a significant factor in the President’s or the Sec-
retary of State’s determination that such country is not
in full compliance with its obligations as further de-
scribed in paragraph (2); or
(B) the person has provided material support for such
non-compliance to a person described in subparagraph (A).
(2) COUNTRY DESCRIBED.—A country described in this
paragraph is a country (other than a country described in para-
graph (3)) that the President or the Secretary of State has deter-
mined, in the most recent annual report described in paragraph
(1), to be not in full compliance with its obligations undertaken
in all arms control, nonproliferation, and disarmament agree-
ments or commitments to which the United States is a partici-
pating state.
(3) EXCLUDED COUNTRIES.—The following countries are not
described for purposes of paragraph (2):
(A) The United States.
(B) Any country determined by the Director of National
Intelligence to be closely cooperating in intelligence matters
with the United States in the period covered by the most re-
cent annual report described in paragraph (1), regardless of
the extent of the compliance of such country with the obli-
gations described in paragraph (2) during such period.
(b) IMPOSITION OF MEASURES.—Except as provided in sub-
sections (d), (e), and (f), the President shall impose the measures de-
scribed in subsection (c) with respect to each person identified in a
report under subsection (a).
(c) MEASURES DESCRIBED.—
(1) IN GENERAL.—The measures to be imposed with respect
to a person under subsection (b) are the head of any executive
agency (as defined in section 133 of title 41, United States
Code) may not enter into, renew, or extend a contract for the
procurement of goods or services with the person.
(2) EXCEPTION FOR MAJOR ROUTES OF SUPPLY.—The re-
quirement to impose measures under paragraph (1) shall not
apply with respect to any contract for the procurement of goods
or services along a major route of supply to a zone of active
combat or major contingency operation.
(3) REQUIREMENT TO REVISE REGULATIONS.—
(A) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Federal Acquisition Regu-
lation, the Defense Federal Acquisition Regulation Supple-
ment, and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
shall be revised to implement paragraph (1).
(B) CERTIFICATIONS.—The revisions to the Federal Ac-
quisition Regulation under subparagraph (A) shall include
a requirement for a certification from each person that is
a prospective contractor that the person, and any person
owned or controlled by the person, does not engage in any
activity described in subsection (a)(1)(A)(ii).
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(C) REMEDIES.—If the head of an executive agency de-

termines that a person has submitted a false certification
under subparagraph (B) on or after the date on which the

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 562

applicable revision of the Federal Acquisition Regulation

required by this paragraph becomes effective—
(i) the head of that executive agency shall termi-
nate a contract with such person or debar or suspend
such person from eligibility for Federal contracts for a
period of not less than 2 years;
(ii) any such debarment or suspension shall be
subject to the procedures that apply to debarment and
suspension under the Federal Acquisition Regulation
under subpart 9.4 of part 9 of title 48, Code of Federal
Regulations; and
(iii) the Administrator of General Services shall in-
clude on the List of Parties Excluded from Federal Pro-
curement and Nonprocurement Programs maintained
by the Administrator under part 9 of the Federal Ac-
quisition Regulation each person that is debarred, sus-
pended, or proposed for debarment or suspension by
the head of an executive agency on the basis of a deter-
mination of a false certification under subparagraph
(B).
(d) WAIVER FOR LACK OF KNOWING VIOLATION.—
(1) IN GENERAL.—The President may waive the application
of measures on a case-by-case basis under subsection (b) with
respect to a person if the President—
(A) determines that—
(i)(I) in the case of a person described in subsection
(a)(1)(A), the person did not knowingly engage in any
activity described in such subsection;
(II) in the case of a person described in subsection
(a)(1)(B), the person conducted or facilitated a trans-
action or transactions with, or provided financial serv-
ices to, a person described in subsection (a)(1)(A) that
did not knowingly engage in any activity described in
such subsection; and
(III) in the case of a person described in subsection
(a)(1)(A) or (a)(1)(B), the person has terminated the ac-
tivity for which otherwise covered by such subsection or
has provided verifiable assurances that the person will
terminate such activity; and
(ii) the waiver is in the national security interest of
the United States; and
(B) submits to the appropriate congressional commit-
tees a report on the determination and the reasons for the
determination.
(2) FORM OF REPORT.—The report required by paragraph
(1)(B) shall be submitted in unclassified form, but may include
a classified annex.
(e) WAIVER TO PREVENT DISCLOSURE OF INTELLIGENCE
SOURCES AND METHODS.—The President may waive the application
of measures on a case-by-case basis under subsection (b) with re-
spect to a person if the President—
(1) determines that the waiver is necessary to prevent the
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disclosure of intelligence sources or methods; and

(2) submits to the appropriate congressional committees a
report, consistent with the protection of intelligence sources and

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 563

methods, on the determination and the reasons for the deter-

mination.
(f) TIMING OF IMPOSITION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
President shall immediately impose measures under subsection
(b) against a person described in subsection (a)(1) upon the sub-
mittal to Congress of the report identifying the person pursuant
to subsection (a)(1) unless the President determines and certifies
to the appropriate congressional committees that the govern-
ment of the country concerned has taken specific and effective
actions, including, as appropriate, the imposition of appropriate
penalties, to terminate the involvement of the person in the ac-
tivities that resulted in the identification of the person in the re-
port.
(2) DELAY.—
(A) IN GENERAL.—The President may delay the imposi-
tion of measures against a person for up to 120 days after
the date of the submittal to Congress of the report identi-
fying the person pursuant to subsection (a)(1) if the Presi-
dent initiates consultations with the government concerned
with respect to the taking of actions described in paragraph
(1).
(B) ADDITIONAL DELAY.—The President may delay the
imposition of measures for up to an additional 120 days
after the delay authorized by subparagraph (A) if the Presi-
dent determines and certifies to the appropriate congres-
sional committees that the government concerned is in the
process of taking the actions described in paragraph (1).
(3) REPORT.—Not later than 60 days after the submittal to
Congress of the report identifying a person pursuant to sub-
section (a)(1), the President shall submit to the appropriate con-
gressional committees a report on the status of consultations, if
any, with the government concerned under this subsection, and
the basis for any determination under paragraph (1).
(g) TERMINATION.—
(1) TERMINATION THROUGH COMPLIANCE OF COUNTRY WITH
ARMS CONTROL AND OTHER AGREEMENTS.—The measures im-
posed with respect to a person under subsection (b) shall termi-
nate on the date on which the President submits to Congress a
subsequent annual report pursuant to section 403 of the Arms
Control and Disarmament Act that does not contain a deter-
mination of the President that the country described in sub-
section (a)(2) with respect to which the measures were imposed
with respect to the person is a country that is not in full compli-
ance with its obligations undertaken in all arms control, non-
proliferation, and disarmament agreements or commitments to
which the United States is a participating state.
(2) TERMINATION THROUGH CESSATION BY PERSON OF VIO-
LATING ACTIVITIES.—In addition to termination provided for by
paragraph (1), the measures imposed with respect to a person
under subsection (b) in connection with a particular activity
shall terminate upon a determination of the President that the
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person has ceased such activity. The termination of measures

imposed with respect to a person in connection with a par-
ticular activity pursuant to this paragraph shall not result in

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 564

the termination of any measures imposed with respect to the

person in connection with any other activity for which measures
were imposed under subsection (b).
(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 1291. AGREEMENTS WITH FOREIGN GOVERNMENTS TO DEVELOP
LAND-BASED WATER RESOURCES IN SUPPORT OF AND IN
PREPARATION FOR CONTINGENCY OPERATIONS.
(a) AGREEMENTS AUTHORIZED.—The Secretary of Defense, with
the concurrence of the Secretary of State, is authorized to enter into
agreements with the governments of foreign countries to develop
land-based water resources in support of and in preparation for con-
tingency operations, including water selection, pumping, purifi-
cation, storage, distribution, cooling, consumption, water reuse,
water source intelligence, research and development, training, ac-
quisition of water support equipment, and water support operations.
(b) NOTIFICATION REQUIRED.—Not later than 30 days after en-
tering into an agreement under subsection (a), the Secretary of De-
fense shall notify the appropriate congressional committees of the ex-
istence of the agreement and provide a summary of the terms of the
agreement.
(c) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1292. ENHANCING DEFENSE AND SECURITY COOPERATION WITH
INDIA.
(a) ACTIONS.—
(1) IN GENERAL.—The Secretary of Defense and Secretary of
State should jointly take such actions as may be necessary to—
(A) recognize India’s status as a major defense partner
of the United States;
(B) designate an individual within the executive
branch who has experience in defense acquisition and tech-
nology—
(i) to reinforce and ensure, through interagency
policy coordination, the success of the Framework for
the United States-India Defense Relationship; and
(ii) to help resolve remaining issues impeding
United States-India defense trade, security cooperation,
and co-production and co-development opportunities;
(C) approve and facilitate the transfer of advanced
technology, consistent with United States conventional
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arms transfer policy, to support combined military plan-

ning with India’s military for missions such as humani-
tarian assistance and disaster relief, counter piracy, free-

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 565

dom of navigation, and maritime domain awareness mis-

sions, and to promote weapons systems interoperability;
(D) strengthen the effectiveness of the U.S.-India De-
fense Trade and Technology Initiative and the durability of
the Department of Defense’s ‘‘India Rapid Reaction Cell’’;
(E) collaborate with the Government of India to develop
mutually agreeable mechanisms to verify the security of de-
fense articles, defense services, and related technology, such
as appropriate cyber security and end use monitoring ar-
rangements, consistent with United States export control
laws and policy;
(F) promote policies that will encourage the efficient re-
view and authorization of defense sales and exports to
India;
(G) encourage greater government-to-government and
commercial military transactions between the United States
and India;
(H) support the development and alignment of India’s
export control and procurement regimes with those of the
United States and multilateral control regimes; and
(I) continue to enhance defense and security coopera-
tion with India in order to advance United States interests
in the South Asia and greater Indo-Asia-Pacific regions.
(2) REPORT.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Defense and Secretary of State shall jointly submit to the con-
gressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report on how the United
States is supporting its defense relationship with India in rela-
tion to the actions described in paragraph (1).
(b) BILATERAL COORDINATION.—To enhance cooperation and en-
courage military-to-military engagement between the United States
and India, the Secretary of Defense should take appropriate actions
to ensure that exchanges between senior military officers and senior
civilian defense officials of the United States Government and the
Government of India—
(1) are at a level appropriate to enhance engagement be-
tween the militaries of the two countries for threat analysis,
military doctrine, force planning, mutual security interests,
logistical support, intelligence, tactics, techniques and proce-
dures, humanitarian assistance, and disaster relief;
(2) include exchanges of general and flag officers between
the two countries;
(3) enhance cooperative military operations, including mar-
itime security, counter-piracy, counter-terror cooperation, and
domain awareness, in the Indo-Asia-Pacific region;
(4) accelerate the development of combined military plan-
ning for missions such as those identified in subsection (a)(1)(C)
or in paragraph (1) of this subsection, or other missions in the
national security interests of both countries; and
(5) solicit and recognize actions and efforts by India that
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would allow the United States to treat India as a major defense

partner.
(c) ASSESSMENT REQUIRED.—

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 566

(1) IN GENERAL.—The Secretary of Defense and Secretary of

State shall jointly, on an ongoing basis, conduct an assessment
of the extent to which India possesses capabilities to support
and carry out military operations of mutual interest to the
United States and India, including an assessment of the de-
fense export control regulations and policies that need appro-
priate modification, in recognition of India’s capabilities and its
status as a major defense partner.
(2) USE OF ASSESSMENT.—The President shall ensure that
the assessment described in paragraph (1) is used, consistent
with United States conventional arms transfer policy, to inform
the review by the United States of requests to export defense ar-
ticles, defense services, or related technology to India under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), and to inform
any regulatory and policy adjustments that may be appropriate.
SEC. 1293. COORDINATION OF EFFORTS TO DEVELOP FREE TRADE
AGREEMENTS WITH SUB-SAHARAN AFRICAN COUNTRIES.
(a) COORDINATION BETWEEN THE UNITED STATES TRADE REP-
RESENTATIVE AND OTHER AGENCIES.—The United States Trade
Representative shall consult and coordinate with other relevant Fed-
eral agencies to assist countries identified under paragraph (1) of
section 110(b) of the Trade Preferences Extension Act of 2015 (Pub-
lic Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) in the most re-
cent report required by that section, including through the deploy-
ment of resources from those agencies to such countries and through
trade capacity building, in addressing the plan developed under
paragraph (3) of that section.
(b) COORDINATION OF USAID WITH FREE TRADE AGREEMENT
POLICY.—
(1) AUTHORIZATION OF FUNDS.—Funds made available to
the United States Agency for International Development under
section 496 of the Foreign Assistance Act of 1961 (22 U.S.C.
2293) after the date of the enactment of this Act may be used,
in consultation with the United States Trade Representative—
(A) to assist eligible countries, including by deploying
resources to such countries, in addressing the plan devel-
oped under section 116(b) of the African Growth and Op-
portunity Act (19 U.S.C. 3723(b)); and
(B) to assist eligible countries in the implementation of
the commitments of those countries under agreements with
the United States and under the WTO Agreement (as de-
fined in section 2(9) of the Uruguay Round Agreements Act
(19 U.S.C. 3501(9))) and agreements annexed to the WTO
Agreement.
(2) DEFINITIONS.—In this subsection:
(A) ELIGIBLE COUNTRY.—The term ‘‘eligible country’’
means a sub-Saharan African country that receives—
(i) benefits under the African Growth and Oppor-
tunity Act (19 U.S.C. 3701 et seq.); and
(ii) funding from the United States Agency for
International Development.
(B) SUB-SAHARAN AFRICAN COUNTRY.—The term ‘‘sub-
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Saharan African country’’ has the meaning given that term

in section 107 of the African Growth and Opportunity Act
(19 U.S.C. 3706).

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SEC. 1294. EXTENSION AND EXPANSION OF AUTHORITY TO SUPPORT
BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN
COUNTRIES.
(a) EXPANSION OF AUTHORITY.—Section 1226 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1056; 22 U.S.C. 2551 note) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘the Government of Jordan and the
Government of Lebanon’’ and inserting ‘‘the Government of
Egypt, the Government of Jordan, the Government of Leb-
anon, and the Government of Tunisia’’;
(B) by striking ‘‘efforts of the armed forces’’ and insert-
ing ‘‘efforts as follows:
‘‘(A) Efforts of the armed forces’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(B) Efforts of the armed forces of Egypt and the armed
forces of Tunisia to increase security and sustain increased
security along the border of Egypt and the border of Tuni-
sia with Libya, as applicable.’’; and
(2) in subsection (c)(4), by striking ‘‘along the border’’ and
all that follows and inserting ‘‘along the border of the country
as specified in subsection (a)(1).’’.
(b) FUNDS AVAILABLE FOR SUPPORT.—Subsection (b) of such
section is amended—
(1) in paragraphs (1) and (2), by striking ‘‘Amounts’’ and
inserting ‘‘In fiscal year 2016, amounts’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In any fiscal year after fiscal year 2016, amounts au-
thorized to be appropriated for such fiscal year and available
for Operation and Maintenance, Defense-Wide, and the Counter
Islamic State of Iraq and the Levant Fund for such fiscal
year.’’.
(c) EXTENSION.—Subsection (f) of such section is amended by
striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.
(d) CONFORMING AMENDMENT.—The heading of such section is
amended to read as follows:
‘‘SEC. 1226. SUPPORT TO CERTAIN GOVERNMENTS FOR BORDER SECU-
RITY OPERATIONS.’’.
SEC. 1295. MODIFICATION AND CLARIFICATION OF UNITED STATES-
ISRAEL ANTI-TUNNEL COOPERATION AUTHORITY.
(a) AMOUNT OF SUPPORT PROVIDABLE BY THE UNITED
STATES.—Paragraph (4) of section 1279(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1079; 22 U.S.C. 8606 note) is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’.
(b) SCOPE OF REQUIREMENT FOR MATCHING CONTRIBUTION BY
ISRAEL.—Paragraph (3) of such section is amended by inserting be-
fore the period at the end the following: ‘‘in the calendar year in
which the support is provided’’.
(c) USE OF CERTAIN AMOUNT FOR RDT&E ACTIVITIES IN THE
UNITED STATES.—Of the amount contributed by the United States
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for activities under section 1279 of the National Defense Authoriza-

tion Act for Fiscal Year 2016, not less than 50 percent of such
amount shall be used in fiscal year 2017 for research, development,

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 568

test, and evaluation activities for purposes of such section in the

United States.
SEC. 1296. MAINTENANCE OF PROHIBITION ON PROCUREMENT BY DE-
PARTMENT 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 COM-
MERCE CONTROL LIST.
(a) IN GENERAL.—Section 1211 of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C.
2302 note) is amended—
(1) in subsection (b), by inserting ‘‘or in the 600 series of the
control list of the Export Administration Regulations’’ after ‘‘in
Arms Regulations’’; and
(2) in subsection (e), by adding at the end the following new
paragraph:
‘‘(3) The term ‘600 series of the control list of the Export Ad-
ministration Regulations’ means the 600 series of the Commerce
Control List contained in Supplement No. 1 to part 774 of sub-
title B of title 15 of the Code of Federal Regulations.’’.
(b) TECHNICAL CORRECTIONS TO ITAR REFERENCES.—Such sec-
tion is further amended by striking ‘‘Trafficking’’ both places it ap-
pears and inserting ‘‘Traffic’’.
SEC. 1297. INTERNATIONAL SALES PROCESS IMPROVEMENTS.
(a) PLAN REQUIRED.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall develop a
plan to improve the management and use of fees collected on trans-
fer of defense articles and services via sale, lease, or grant to inter-
national customers under programs over which the Defense Security
Cooperation Agency has administration responsibilities. The plan
shall include options to use fees more effectively—
(1) to improve the staffing and processes of the licensing re-
view cycle at the Defense Technology Security Administration
and other reviewing authorities; and
(2) to maintain a cadre of contracting officers and acquisi-
tion officials who specialize in foreign military sales con-
tracting.
(b) PROCESS FOR GATHERING INPUT.—The Secretary of Defense
shall establish a process for contractors to provide input, feedback,
and adjudication of any differences regarding the appropriateness
of governmental pricing and availability estimates prior to the de-
livery to potential foreign customers of formal responses to Letters
of Request for Pricing and Availability.
SEC. 1298. EFFORTS TO END MODERN SLAVERY.
(a) ACTIONS BY THE SECRETARY OF DEFENSE.—
(1) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall provide
to the appropriate congressional committees a briefing on the
policies and guidance of the Department of Defense with respect
to the education and training on human slavery and the appro-
priate role of the United States Armed Forces in combatting
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trafficking in persons that is received by personnel of the Armed

Forces, including uniformed personnel and civilians engaged in
partnership with foreign nations.

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(2) ELEMENTS.—The briefing required under paragraph (1)

shall address—
(A) resources available for Armed Forces personnel who
become aware of instances of human slavery or trafficking
in persons while deployed overseas; and
(B) guidance on the requirement to make official re-
ports through the chain of command, the roles and respon-
sibilities of military and civilian officials of the United
States Armed Forces and host nations, circumstances in
which members of the Armed Forces are authorized to take
immediate action to prevent loss of life or serious injury,
and the authority to use appropriate force to stop or prevent
sexual abuse or exploitation of children.
(b) GRANT AUTHORIZATION.—The Secretary of State is author-
ized to make a grant or grants of funding to provide support for
transformational programs and projects that seek to achieve a
measurable and substantial reduction of the prevalence of modern
slavery in targeted populations within partner countries (or jurisdic-
tions thereof).
(c) MONITORING AND EVALUATION.—Any grantee shall—
(1) develop specific and detailed criteria for the monitoring
and evaluation of supported projects;
(2) implement a system for measuring progress against
baseline data that is rigorously designed based on international
corporate and nongovernmental best practices;
(3) ensure that each supported project is regularly and rig-
orously monitored and evaluated, on a not less than biennial
basis, by an independent monitoring and evaluation entity,
against the specific and detailed criteria established pursuant
to paragraph (1), and that the progress of the project towards
its stated goals is measured by such entity against baseline
data;
(4) support the development of a scientifically sound, rep-
resentative survey methodology for measuring prevalence with
reference to existing research and experience, and apply the
methodology consistently to determine the baseline prevalence in
target populations and outcomes in order to periodically assess
progress in reducing prevalence; and
(5) establish, and revise on a not less than annual basis,
specific and detailed criteria for the suspension and termi-
nation, as appropriate, of projects supported by the grantee that
regularly or consistently fail to meet the criteria required by
this section.
(d) AUDITING.—
(1) IN GENERAL.—Any grantee shall be subject to the same
auditing, recordkeeping, and reporting obligations required
under subsections (e), (f), (g), and (i) of section 504 of the Na-
tional Endowment for Democracy Act (22 U.S.C. 4413).
(2) COMPTROLLER GENERAL AUDIT AUTHORITY.—
(A) IN GENERAL.—The Comptroller General of the
United States may evaluate the financial transactions of
the grantee as well as the programs or activities the grantee
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carries out pursuant to this section.

(B) ACCESS TO RECORDS.—Any grantee shall provide
the Comptroller General, or the Comptroller General’s duly

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 570

authorized representatives, access to such records as the

Comptroller General determines necessary to conduct eval-
uations authorized by this section.
(e) ANNUAL REPORT.—Any grant recipient shall submit a report
to the Secretary of State annually and the Secretary shall transmit
it to the appropriate congressional committees within 30 days. Such
report shall include the names of each of the projects or sub-grant-
ees receiving such funding pursuant to this section and the amount
of funding provided for, along with a detailed description of, each
such project.
(f) RULE OF CONSTRUCTION REGARDING AVAILABILITY OF FIS-
CAL YEAR 2016 APPROPRIATIONS.—The enactment of this section is
deemed to meet the condition of the first proviso of paragraph (2)
of section 7060(f) of the Department of State, Foreign Operations,
and Related Appropriations Act, 2016 (division K of Public Law
114–113), and the funds referred to in such paragraph shall be
made available in accordance with, and for the purposes set forth
in, such paragraph.
(g) AUTHORIZATION OF APPROPRIATIONS; SUNSET.—
(1) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS
2017 THROUGH 2020.—There is authorized to be appropriated to
the Department of State for the purpose of making a grant or
grants authorized under this section, for each fiscal year from
2017 through 2020, $37,500,000.
(2) SUNSET.—The authorities of subsections (b) through (f)
shall expire on September 30, 2020.
(h) COMPTROLLER GENERAL REVIEW OF EXISTING PROGRAMS.—
(1) IN GENERAL.—Not later than September 30, 2018, and
September 30, 2020, the Comptroller General of the United
States shall submit to Congress a report on all of the programs
conducted by the Department of State, the United States Agency
for International Development, the Department of Labor, the
Department of Defense, and the Department of the Treasury
that address human trafficking and modern slavery, including
a detailed analysis of the effectiveness of such programs in lim-
iting human trafficking and modern slavery and specific rec-
ommendations on which programs are not effective at reducing
the prevalence of human trafficking and modern slavery and
how the funding for such programs may be redirected to more
effective efforts.
(2) CONSIDERATION OF REPORT.—The Comptroller General
of the United States shall brief the appropriate congressional
committees on the report submitted under paragraph (1). The
appropriate congressional committees shall review and consider
the reports and shall, as appropriate, consider modifications to
authorization levels and programs within the jurisdiction of
such committees to address the recommendations made in the
report.
(i) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
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(1) the Committee on Foreign Relations, the Committee on

Armed Services, and the Committee on Appropriations of the
Senate; and

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 571

(2) the Committee on Foreign Affairs, the Committee on

Armed Services, and the Committee on Appropriations of the
House of Representatives.
TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for Cooperative Threat Reduction in
People’s Republic of China.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
FUNDS.
(a) FISCAL YEAR 2017 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—In this title, the term ‘‘fiscal year 2017 Cooperative
Threat Reduction funds’’ means the funds appropriated pursuant to
the authorization of appropriations in section 301 and made avail-
able by the funding table in division D for the Department of De-
fense Cooperative Threat Reduction Program established under sec-
tion 1321 of the Department of Defense Cooperative Threat Reduc-
tion Act (50 U.S.C. 3711).
(b) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 and made avail-
able by the funding table in division D for the Department of De-
fense Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2017, 2018, and 2019.
SEC. 1302. FUNDING ALLOCATIONS.
(a) IN GENERAL.—Of the $325,604,000 authorized to be appro-
priated to the Department of Defense for fiscal year 2017 in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program es-
tablished under section 1321 of the Department of Defense Coopera-
tive Threat Reduction Act (50 U.S.C. 3711), the following amounts
may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $11,791,000.
(2) For chemical weapons destruction, $2,942,000.
(3) For global nuclear security, $16,899,000.
(4) For cooperative biological engagement, $213,984,000.
(5) For proliferation prevention, $50,709,000, of which—
(A) $4,000,000 may be obligated for purposes relating
to nuclear nonproliferation assisted or caused by additive
manufacture technology (commonly referred to as ‘‘3D
printing’’);
(B) $4,000,000 may be obligated for monitoring the
‘‘proliferation pathways’’ under the Joint Comprehensive
Plan of Action;
(C) $4, 000,000 may be obligated for enhancing law en-
forcement cooperation and intelligence sharing; and
(D) $4,000,000 may be obligated for the Proliferation
Security Initiative under subtitle B of title XVIII of the Im-
plementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 2911 et seq.).
(6) For threat reduction engagement, $2,000,000.
(7) For activities designated as Other Assessments/Admin-
istrative Costs, $27,279,000.
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(b) MODIFICATIONS TO CERTAIN REQUIREMENTS.—The Depart-

ment of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701
et seq.) is amended as follows:

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 572

(1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended by

striking ‘‘15 days’’ and inserting ‘‘45 days’’.
(2) Section 1322(b) (50 U.S.C. 3712(b)) is amended—
(A) by striking ‘‘At the time at which’’ and inserting
‘‘Not later than 15 days before the date on which’’;
(B) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(C) in paragraph (2), by striking the period and insert-
ing ‘‘; and’’; and
(D) by adding at the end the following new paragraph:
‘‘(3) a discussion of—
‘‘(A) whether authorities other than the authority under
this section are available to the Secretaries to perform such
project or activity to meet the threats or goals identified
under subsection (a)(1); and
‘‘(B) if such other authorities exist, why the Secretaries
were not able to use such authorities for such project or ac-
tivity.’’.
(3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended by
striking ‘‘at the time at which’’ and inserting ‘‘not later than
seven days before the date on which’’.
(4) Section 1324 (50 U.S.C. 3714) is amended—
(A) in subsection (a)(1)(C), by striking ‘‘15 days’’ and
inserting ‘‘45 days’’; and
(B) in subsection (b)(3), by striking ‘‘15 days’’ and in-
serting ‘‘45 days’’.
(c) JOINT COMPREHENSIVE PLAN OF ACTION DEFINED.—In this
section, the term ‘‘Joint Comprehensive Plan of Action’’ means the
Joint Comprehensive Plan of Action, signed at Vienna July 14,
2015, by Iran and by the People’s Republic of China, France, Ger-
many, the Russian Federation, the United Kingdom, and the United
States, with the High Representative of the European Union for For-
eign Affairs and Security Policy, and all implementing materials
and agreements related to the Joint Comprehensive Plan of Action,
and transmitted by the President to Congress on July 19, 2015, pur-
suant to section 135(a) of the Atomic Energy Act of 1954, as amend-
ed by the Iran Nuclear Agreement Review Act of 2015 (Public Law
114–17; 129 Stat. 201).
SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERA-
TIVE THREAT REDUCTION IN PEOPLE’S REPUBLIC OF
CHINA.
(a) IN GENERAL.—The Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3701 et seq.) is amended by insert-
ing after section 1334 the following new section:
‘‘SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERA-
TIVE THREAT REDUCTION ACTIVITIES IN PEOPLE’S RE-
PUBLIC OF CHINA.
‘‘(a) SEMIANNUAL INSTALLMENTS.—In carrying out activities
under the Program in the People’s Republic of China, the Secretary
of Defense shall ensure that Cooperative Threat Reduction funds for
such activities are obligated or expended in semiannual install-
ments.
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‘‘(b) REQUIRED REPORTS.—

‘‘(1) ADDITIONAL INFORMATION.—With respect to carrying
out activities under the Program in the People’s Republic of

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 573

China, the Secretary of Defense shall submit to the congres-

sional defense committees the reports required by section
1321(g) on a semiannual basis by not later than 15 days before
any obligation of Cooperative Threat Reduction funds for such
activities during the covered semiannual period. In addition to
the matters required by such section, each such report shall in-
clude, in coordination with the Secretary of State—
‘‘(A) whether China has taken material steps to—
‘‘(i) disrupt the proliferation activities of Li
Fangwei (also known as Karl Lee, or any other alias
known by the United States); and
‘‘(ii) arrest Li Fangwei pursuant the indictment
charged in the United States District Court for the
Southern District of New York on April 29, 2014;
‘‘(B) whether China has proliferated to any non-nuclear
weapons state, or any nuclear weapons state in violation of
the Treaty on the Non-Proliferation of Nuclear Weapons,
any item that contributes to a ballistic missile or nuclear
weapons delivery system; and
‘‘(C) the number, type, and summary of any demarches
between the United States and China with respect to the
matters described in subparagraphs (A) and (B).
‘‘(2) ADDITIONAL SUBMISSIONS.—At the same time as the
Secretary of Defense submits to the congressional defense com-
mittees the information described in subparagraphs (A), (B),
and (C) of paragraph (1) as part of the reports required by sec-
tion 1321(g), the Secretary shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate such information.
‘‘(3) COVERAGE.—With respect to the information described
in subparagraphs (A), (B), and (C) of paragraph (1)—
‘‘(A) the first report described in such paragraph that
is submitted after the date of the enactment of this section
shall cover the preceding 12-month period before the date
of such submission; and
‘‘(B) each subsequent report shall cover the semiannual
period preceding the date of such submission.
‘‘(4) FORM.—The information described in subparagraphs
(A), (B), and (C) of paragraph (1) shall be submitted in unclas-
sified form, but may include a classified annex.’’.
(b) CONFORMING AMENDMENTS.—Section 1321(g) of such Act
(50 U.S.C. 3711(g)) is amended—
(1) in paragraph (1)—
(A) in the heading, by striking ‘‘ANNUAL REQUIREMENT’’
and inserting ‘‘REPORTS REQUIREMENT’’; and
(B) by striking ‘‘that fiscal year’’ and inserting ‘‘that fis-
cal year (or, in accordance with section 1335(b), the semi-
annual period covered by the report)’’; and
(2) in paragraph (3), by striking ‘‘Paragraph (1)’’ and in-
serting ‘‘Except for Cooperative Threat Reduction funds subject
to section 1335, paragraph (1)’’.
TITLE XIV—OTHER AUTHORIZATIONS
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Subtitle A—Military Programs

Sec. 1401. Working capital funds.

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 574
Sec. 1402. Chemical Agents and Munitions Destruction, Defense.
Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense Health Program.
Subtitle B—National Defense Stockpile
Sec. 1411. Authority to dispose of certain materials from and to acquire additional
materials for the National Defense Stockpile.
Sec. 1412. National Defense Stockpile matters.
Subtitle C—Chemical Demilitarization Matters
Sec. 1421. National Academies of Sciences study on conventional munitions demili-
tarization 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.

Subtitle A—Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Armed Forces and other activities and agen-
cies of the Department of Defense for providing capital for working
capital and revolving funds, as specified in the funding table in sec-
tion 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DE-
FENSE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby au-
thorized to be appropriated for the Department of Defense for fiscal
year 2017 for expenses, not otherwise provided for, for Chemical
Agents and Munitions Destruction, Defense, as specified in the fund-
ing table in section 4501.
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DE-
FENSE-WIDE.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise pro-
vided for, for Drug Interdiction and Counter-Drug Activities, De-
fense-wide, as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise pro-
vided for, for the Office of the Inspector General of the Department
of Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
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Funds are hereby authorized to be appropriated for fiscal year

2017 for the Defense Health Program, as specified in the funding
table in section 4501, for use of the Armed Forces and other activi-

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 575

ties and agencies of the Department of Defense in providing for the

health of eligible beneficiaries.
Subtitle B—National Defense Stockpile
SEC. 1411. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS FROM
AND TO ACQUIRE ADDITIONAL MATERIALS FOR THE NA-
TIONAL DEFENSE STOCKPILE.
(a) DISPOSAL AUTHORITY.—Pursuant to section 5(b) of the Stra-
tegic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the
National Defense Stockpile Manager may dispose of the following
materials contained in the National Defense Stockpile in the fol-
lowing quantities:
(1) 27 short tons of beryllium.
(2) 111,149 short tons of chromium, ferroalloy.
(3) 2,973 short tons of chromium metal.
(4) 8,380 troy ounces of platinum.
(5) 275,741 pounds of contained tungsten metal powder.
(6) 12,433,796 pounds of contained tungsten ores and con-
centrates.
(b) ACQUISITION AUTHORITY.—
(1) AUTHORITY.—Using funds available in the National De-
fense Stockpile Transaction Fund, the National Defense Stock-
pile Manager may acquire the following materials determined
to be strategic and critical materials required to meet the de-
fense, industrial, and essential civilian needs of the United
States:
(A) High modulus and high strength carbon fibers.
(B) Tantalum.
(C) Germanium.
(D) Tungsten rhenium metal.
(E) Boron carbide powder.
(F) Europium.
(G) Silicon carbide fiber.
(2) AMOUNT OF AUTHORITY.—The National Defense Stock-
pile Manager may use up to $55,000,0000 in the National De-
fense Stockpile Transaction Fund for acquisition of the mate-
rials specified paragraph (1).
(3) FISCAL YEAR LIMITATION.—The authority under para-
graph (1) is available for purchases during fiscal year 2017
through fiscal year 2021.
SEC. 1412. NATIONAL DEFENSE STOCKPILE MATTERS.
(a) MATERIALS CONSTITUTING THE NATIONAL DEFENSE STOCK-
PILE.—Section 4 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98c) is amended—
(1) in subsection (b), by striking ‘‘required for’’ and insert-
ing ‘‘suitable for transfer or disposal through’’; and
(2) in subsection (c)—
(A) by striking ‘‘(1)’’ and all that follows through ‘‘(2)’’;
and
(B) by striking ‘‘this subsection’’ and inserting ‘‘sub-
section (b)’’.
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(b) QUALIFICATION OF DOMESTIC SOURCES.—Section 15(a) of

such Act (50 U.S.C. 98h–6(a)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end ;

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(2) in paragraph (2), by striking the period at the end and

inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(3) by qualifying existing domestic facilities and domesti-
cally produced strategic and critical materials to meet the re-
quirements of defense and essential civilian industries in times
of national emergency when existing domestic sources of supply
are either insufficient or vulnerable to single points of failure;
and
‘‘(4) by contracting with domestic facilities to recycle stra-
tegic and critical materials, thereby increasing domestic sup-
plies when such materials would otherwise be insufficient to
support defense and essential civilian industries in times of na-
tional emergency.’’.
Subtitle C—Chemical Demilitarization Matters
SEC. 1421. NATIONAL ACADEMIES OF SCIENCES STUDY ON CONVEN-
TIONAL MUNITIONS DEMILITARIZATION ALTERNATIVE
TECHNOLOGIES.
(a) IN GENERAL.—The Secretary of the Army shall enter into an
arrangement with the Board on Army Science and Technology of the
National Academies of Sciences, Engineering, and Medicine to con-
duct a study of the conventional munitions demilitarization pro-
gram of the Department of Defense.
(b) ELEMENTS.—The study required pursuant to subsection (a)
shall include the following:
(1) A review of the current conventional munitions demili-
tarization stockpile, including types of munitions and types of
materials contaminated with propellants or energetics, and the
disposal technologies used.
(2) An analysis of disposal, treatment, and reuse tech-
nologies, including technologies currently used by the Depart-
ment and emerging technologies used or being developed by pri-
vate or other governmental agencies, including a comparison of
cost, throughput capacity, personnel safety, and environmental
impacts.
(3) An identification of munitions types for which alter-
natives to open burning, open detonation, or non-closed loop in-
cineration/combustion are not used.
(4) An identification and evaluation of any barriers to full-
scale deployment of alternatives to open burning, open detona-
tion, or non-closed loop incineration/combustion, and rec-
ommendations to overcome such barriers.
(5) An evaluation whether the maturation and deployment
of governmental or private technologies currently in research
and development would enhance the conventional munitions de-
militarization capabilities of the Department.
(c) SUBMITTAL TO CONGRESS.—Not later than 18 months after
the date of the enactment of this Act, the Secretary shall submit to
the congressional defense committees the study conducted pursuant
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to subsection (a).

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Subtitle D—Other Matters

SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-
MENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN
JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds author-
ized to be appropriated by section 1405 and available for the De-
fense Health Program for operation and maintenance, $122,400,000
may be transferred by the Secretary of Defense to the Joint Depart-
ment of Defense–Department of Veterans Affairs Medical Facility
Demonstration Fund established by subsection (a)(1) of section 1704
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111–84; 123 Stat. 2571). For purposes of subsection
(a)(2) of such section 1704, any funds so transferred shall be treated
as amounts authorized and appropriated specifically for the purpose
of such a transfer.
(b) USE OF TRANSFERRED FUNDS.—For the purposes of sub-
section (b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations of the
Captain James A. Lovell Federal Health Care Center, consisting of
the North Chicago Veterans Affairs Medical Center, the Navy Am-
bulatory Care Center, and supporting facilities designated as a com-
bined Federal medical facility under an operational agreement cov-
ered by section 706 of the Duncan Hunter National Defense Author-
ization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.
4500).
SEC. 1432. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2017 from the Armed Forces Retirement Home Trust Fund the sum
of $64,300,000 for the operation of the Armed Forces Retirement
Home.
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—Authorization of Appropriations
Sec. 1501. Purpose and treatment of certain authorizations of appropriations.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health program.
Subtitle B—Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C—Limitations, Reports, and Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
Sec. 1522. Joint Improvised Explosive Device Defeat Fund.
Sec. 1523. Extension of authority to use Joint Improvised Explosive Device Defeat
Fund for training of foreign security forces to defeat improvised explo-
sive devices.
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Sec. 1524. Overseas contingency operations.

Sec. 1525. Extension and modification of authorities on Counterterrorism Partner-
ships Fund.

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Subtitle A—Authorization of Appropriations

SEC. 1501. PURPOSE AND TREATMENT OF CERTAIN AUTHORIZATIONS
OF APPROPRIATIONS.
(a) PURPOSE.—The purpose of this subtitle is to authorize ap-
propriations for the Department of Defense for fiscal year 2017 to
provide additional funds—
(1) for overseas contingency operations being carried out by
the Armed Forces; and
(2) pursuant to sections 1502, 1503, 1504, 1505, and 1507
for expenses, not otherwise provided for, for procurement, re-
search, development, test, and evaluation, operation and main-
tenance, military personnel, and defense-wide drug interdiction
and counter-drug activities, as specified in the funding tables in
sections 4103, 4203, 4303, 4403, and 4503.
(b) SUPPORT OF BASE BUDGET REQUIREMENTS; TREATMENT.—
Funds identified in subsection (a)(2) are being authorized to be ap-
propriated in support of base budget requirements as requested by
the President for fiscal year 2017 pursuant to section 1105(a) of title
31, United States Code. The Director of the Office of Management
and Budget shall apportion the funds identified in such subsection
to the Department of Defense without restriction, limitation, or con-
straint on the execution of such funds in support of base require-
ments, including any restriction, limitation, or constraint imposed
by, or described in, the document entitled ‘‘Criteria for War/Over-
seas Contingency Operations Funding Requests’’ transmitted by the
Director to the Department of Defense on September 9, 2010, or any
successor or related guidance.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2017 for procurement accounts for the Army, the Navy and the Ma-
rine Corps, the Air Force, and Defense-wide activities, as specified
in—
(1) the funding table in section 4102; or
(2) the funding table in section 4103.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in—
(1) the funding table in section 4202; or
(2) the funding table in section 4203.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Armed Forces and other activities and agen-
cies of the Department of Defense for expenses, not otherwise pro-
vided for, for operation and maintenance, as specified in—
(1) the funding table in section 4302, or
(2) the funding table in section 4303.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Armed Forces and other activities and agen-
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cies of the Department of Defense for expenses, not otherwise pro-

vided for, for military personnel, as specified in—
(1) the funding table in section 4402; or

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(2) the funding table in section 4403.

SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the use of the Armed Forces and other activities and agen-
cies of the Department of Defense for providing capital for working
capital and revolving funds, as specified in the funding table in sec-
tion 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DE-
FENSE-WIDE.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise pro-
vided for, for Drug Interdiction and Counter-Drug Activities, De-
fense-wide, as specified in—
(1) the funding table in section 4502; or
(2) the funding table in section 4503.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise pro-
vided for, for the Office of the Inspector General of the Department
of Defense, as specified in the funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2017 for expenses, not otherwise pro-
vided for, for the Defense Health Program, as specified in the fund-
ing table in section 4502.
Subtitle B—Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2017 between any such authorizations for that fiscal year
(or any subdivisions thereof).
(2) EFFECT OF TRANSFER.—Amounts of authorizations
transferred under this subsection shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(3) LIMITATIONS.—The total amount of authorizations that
the Secretary may transfer under the authority of this sub-
section may not exceed $3,500,000,000.
(4) EXCEPTION.—In the case of the authorizations of appro-
priations contained in sections 1502, 1503, 1504, 1505, and
1507 that are provided for the purpose specified in section
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1501(a)(2), the transfer authority provided under section 1001,

rather than the transfer authority provided by this subsection,
shall apply to any transfer of amounts of such authorizations.

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 580

(b) TERMS AND CONDITIONS.—Transfers under this section shall

be subject to the same terms and conditions as transfers under sec-
tion 1001.
(c) ADDITIONAL AUTHORITY.—The transfer authority provided
by this section is in addition to the transfer authority provided
under section 1001.
Subtitle C—Limitations, Reports, and Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) CONTINUATION OF PRIOR AUTHORITIES AND NOTICE AND RE-
PORTING REQUIREMENTS.—Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal year
2017 shall be subject to the conditions contained in subsections (b)
through (g) of section 1513 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), as
amended by section 1531(b) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat.
4424).
(b) EQUIPMENT DISPOSITION.—
(1) ACCEPTANCE OF CERTAIN EQUIPMENT.—Subject to para-
graph (2), the Secretary of Defense may accept equipment that
is procured using amounts in the Afghanistan Security Forces
Fund authorized under this Act and is intended for transfer to
the security forces of Afghanistan, but is not accepted by such
security forces.
(2) CONDITIONS ON ACCEPTANCE OF EQUIPMENT.—Before ac-
cepting any equipment under the authority provided by para-
graph (1), the Commander of United States forces in Afghani-
stan shall make a determination that the equipment was pro-
cured for the purpose of meeting requirements of the security
forces of Afghanistan, as agreed to by both the Government of
Afghanistan and the United States, but is no longer required by
such security forces or was damaged before transfer to such se-
curity forces.
(3) ELEMENTS OF DETERMINATION.—In making a deter-
mination under paragraph (2) regarding equipment, the Com-
mander of United States forces in Afghanistan shall consider
alternatives to Secretary of Defense acceptance of the equipment.
An explanation of each determination, including the basis for
the determination and the alternatives considered, shall be in-
cluded in the relevant quarterly report required under para-
graph (5).
(4) TREATMENT AS DEPARTMENT OF DEFENSE STOCKS.—
Equipment accepted under the authority provided by paragraph
(1) may be treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) QUARTERLY REPORTS ON EQUIPMENT DISPOSITION.—Not
later than 90 days after the date of the enactment of this Act
and every 90-day period thereafter during which the authority
provided by paragraph (1) is exercised, the Secretary of Defense
shall submit to the congressional defense committees a report
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describing the equipment accepted under this subsection, section

1531(d) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302

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note), and section 1532(b) of the Carl Levin and Howard P.

‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113–291; 128 Stat. 3612) during the pe-
riod covered by the report. Each report shall include a list of
all equipment that was accepted during the period covered by
the report and treated as stocks of the Department and copies
of the determinations made under paragraph (2), as required by
paragraph (3).
(c) PLAN TO PROMOTE SECURITY OF AFGHAN WOMEN.—
(1) REPORTING REQUIREMENT.—The Secretary of Defense,
with the concurrence of the Secretary of State, shall include in
each report required under section 1225 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3550)—
(A) a current assessment of the security of Afghan
women and girls, including information regarding efforts
to increase the recruitment and retention of women in the
Afghan National Security Forces; and
(B) a current assessment of the implementation of the
plans for the recruitment, integration, retention, training,
treatment, and provision of appropriate facilities and trans-
portation for women in the Afghan National Security
Forces, including the challenges associated with such im-
plementation and the steps being taken to address those
challenges.
(2) PLAN REQUIRED.—
(A) IN GENERAL.—The Secretary of Defense, with the
concurrence of the Secretary of State, shall support, to the
extent practicable, the efforts of the Government of Afghani-
stan to promote the security of Afghan women and girls
during and after the security transition process through the
development and implementation by the Government of Af-
ghanistan of an Afghan-led plan that should include the
elements described in this paragraph.
(B) TRAINING.—The Secretary of Defense, with the con-
currence of the Secretary of State and working with the
NATO-led Resolute Support mission, should encourage the
Government of Afghanistan to develop—
(i) measures for the evaluation of the effectiveness
of existing training for Afghan National Security
Forces on this issue;
(ii) a plan to increase the number of female secu-
rity officers specifically trained to address cases of gen-
der-based violence, including ensuring the Afghan Na-
tional Police’s Family Response Units have the nec-
essary resources and are available to women across Af-
ghanistan;
(iii) mechanisms to enhance the capacity for units
of National Police’s Family Response Units to fulfill
their mandate as well as indicators measuring the
operational effectiveness of these units;
(iv) a plan to address the development of account-
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ability mechanisms for Afghanistan National Army

and Afghanistan National Police personnel who violate
codes of conduct relating to the human rights of women

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 582

and girls, including female members of the Afghan Na-

tional Security Forces;
(v) a plan to address the development of account-
ability mechanisms for Afghanistan National Army
and Afghanistan National Police personnel who violate
codes of conduct relating to protecting children from
sexual abuse; and
(vi) a plan to develop training for the Afghanistan
National Army and the Afghanistan National Police to
increase awareness and responsiveness among Afghani-
stan National Army and Afghanistan National Police
personnel regarding the unique security challenges
women confront when serving in those forces.
(C) ENROLLMENT AND TREATMENT.—The Secretary of
Defense, with the concurrence of the Secretary of State and
in cooperation with the Afghan Ministries of Defense and
Interior, shall seek to assist the Government of Afghanistan
in including as part of the plan developed under subpara-
graph (A) the development and implementation of a plan to
increase the number of female members of the Afghanistan
National Army and the Afghanistan National Police and to
promote their equal treatment, including through such
steps as providing appropriate equipment, modifying facili-
ties, and ensuring literacy and gender awareness training
for recruits.
(D) ALLOCATION OF FUNDS.—
(i) IN GENERAL.—Of the funds available to the De-
partment of Defense for the Afghan Security Forces
Fund for fiscal year 2017, it is the goal that
$25,000,000, but in no event less than $10,000,000,
shall be used for—
(I) the recruitment, integration, retention,
training, and treatment of women in the Afghan
National Security Forces; and
(II) the recruitment, training, and contracting
of female security personnel for future elections.
(ii) TYPES OF PROGRAMS AND ACTIVITIES.—Such
programs and activities may include—
(I) efforts to recruit women into the Afghan
National Security Forces, including the special op-
erations forces;
(II) programs and activities of the Afghan
Ministry of Defense Directorate of Human Rights
and Gender Integration and the Afghan Ministry
of Interior Office of Human Rights, Gender and
Child Rights;
(III) development and dissemination of gender
and human rights educational and training mate-
rials and programs within the Afghan Ministry of
Defense and the Afghan Ministry of Interior;
(IV) efforts to address harassment and vio-
lence against women within the Afghan National
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Security Forces;
(V) improvements to infrastructure that ad-
dress the requirements of women serving in the Af-

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ghan National Security Forces, including appro-

priate equipment for female security and police
forces, and transportation for policewomen to their
station;
(VI) support for Afghanistan National Police
Family Response Units; and
(VII) security provisions for high-profile female
police and army officers.
(d) REPORTING REQUIREMENT.—
(1) SEMI-ANNUAL REPORTS.—Not later than January 31
and July 31 of each year through January 31, 2021, the Sec-
retary of Defense shall submit to the congressional defense com-
mittees a report summarizing the details of any obligation or
transfer of funds from the Afghanistan Security Forces Fund
during the preceding six-calendar month period.
(2) CONFORMING REPEALS.—(A) Section 1513 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 (Public
Law 110–181; 122 Stat. 428), as amended by section 1531(b) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111–383; 124 Stat. 4424), is further
amended by striking subsection (g).
(B) Section 1517 of the John Warner National Defense Au-
thorization Act for Fiscal Year 2007 (Public Law 109–364; 120
Stat. 2442) is amended by striking subsection (f).
SEC. 1522. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) USE AND TRANSFER OF FUNDS.—Subsection 1532(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 1091) is amended by striking ‘‘fiscal year
2016’’ and inserting ‘‘fiscal years 2016 and 2017’’.
(b) EXTENSION OF INTERDICTION OF IMPROVISED EXPLOSIVE DE-
VICE PRECURSOR CHEMICALS AUTHORITY.—Subsection (c) of section
1532 of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112–239; 126 Stat. 2057) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘for fiscal year 2013 and for fiscal year
2016,’’ and inserting ‘‘for fiscal years 2013, 2016, and
2017’’;
(B) by inserting ‘‘with the concurrence of the Secretary
of State’’ after ‘‘may be available to the Secretary of De-
fense’’;
(C) by striking ‘‘of the Government of Pakistan’’ and in-
serting ‘‘of foreign governments’’; and
(D) by striking ‘‘from Pakistan to locations in Afghani-
stan’’;
(2) in paragraph (2), by striking ‘‘of the Government of
Pakistan’’ and inserting ‘‘of foreign governments’’; and
(3) in paragraph (4), as most recently amended by section
1532(b)(2) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 1091), by striking
‘‘December 31, 2016’’ and inserting ‘‘December 31, 2017’’.
(c) NOTICE TO CONGRESS.—Paragraph (3) of such subsection is
amended to read as follows:
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‘‘(3) NOTICE TO CONGRESS.— None of the funds made avail-

able pursuant to paragraph (1) may be obligated or expended
to supply training, equipment, supplies, or services to a foreign

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country before the date that is 15 days after the date on which
the Secretary of Defense, in coordination with the Secretary of
State, submits to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the Com-
mittee on Armed Services and the Committee on Foreign Affairs
of the House of Representatives a notice that contains—
‘‘(A) the foreign country for which training, equipment,
supplies, or services are proposed to be supplied;
‘‘(B) a description of the training, equipment, supplies,
and services to be provided using such funds;
‘‘(C) a detailed description of the amount of funds pro-
posed to be obligated or expended to supply such training,
equipment, supplies or services, including any funds pro-
posed to be obligated or expended to support the participa-
tion of another department or agency of the United States
and a description of the training, equipment, supplies, or
services proposed to be supplied;
‘‘(D) an evaluation of the effectiveness of the efforts of
the foreign country identified under subparagraph (A) to
counter the flow of improvised explosive device precursor
chemicals; and
‘‘(E) an overall plan for countering the flow of pre-
cursor chemicals in the foreign country identified under
subparagraph (A).’’.
SEC. 1523. EXTENSION OF AUTHORITY TO USE JOINT IMPROVISED EX-
PLOSIVE DEVICE DEFEAT FUND FOR TRAINING OF FOR-
EIGN SECURITY FORCES TO DEFEAT IMPROVISED EXPLO-
SIVE DEVICES.
Section 1533(e) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1093) is amended
by striking ‘‘September 30, 2018’’ and inserting ‘‘September 30,
2020’’.
SEC. 1524. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the Department of Defense for overseas contingency oper-
ations in such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
SEC. 1525. EXTENSION AND MODIFICATION OF AUTHORITIES ON
COUNTERTERRORISM PARTNERSHIPS FUND.
(a) EXTENSION.—Section 1534 of the Carl Levin and Howard P.
‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 128 Stat. 3616) is amended—
(1) in subsection (a), by striking ‘‘Amounts authorized to be
appropriated for fiscal year 2015 by this title’’ and inserting
‘‘Subject to subsection (b), amounts authorized to be appro-
priated through fiscal year 2017’’; and
(2) in subsection (h), by striking ‘‘December 31, 2016’’ and
inserting ‘‘December 31, 2017’’.
(b) LIMITATION ON USE OF FUNDS AUTHORIZED FOR FISCAL
YEAR 2016.—Such section is further amended—
(1) by redesignating subsections (b) through (h) as sub-
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sections (c) through (i), respectively; and

(2) by inserting after subsection (a) the following new sub-
section (b):

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 585

‘‘(b) LIMITATION ON USE OF FUNDS AUTHORIZED FOR FISCAL

YEAR 2016.—Amounts authorized to be appropriated for fiscal year
2016 for the Counterterrorism Partnerships Fund may only be used
for the purposes specified in subsection (a)(2). In the use of such
amounts, any reference in this section to ‘subsection (a)’ shall be
deemed to be a reference to ‘subsection (a)(2)’.’’.
(c) ADMINISTRATION OF FUND.—Subsection (e) of such section,
as redesignated by subsection (b)(1) of this section, is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4), (5), and (6) as para-
graphs (3), (4), and (5), respectively.
(d) REPORTS.—Subsection (h) of such section, as redesignated
by subsection (b)(1) of this section, is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘and 2017’’ and inserting ‘‘2017, and
2018’’; and
(B) by striking ‘‘and 2016’’ and inserting ‘‘2016, and
2017’’;
(2) in paragraph (4), by striking ‘‘subsection (d)(5)’’ and in-
serting ‘‘subsection (e)(4)’’; and
(3) in paragraph (5), by striking ‘‘subsection (f)’’ and insert-
ing ‘‘subsection (g)’’.
TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE
MATTERS
Subtitle A—Space Activities
Sec. 1601. Repeal of provision permitting the use of rocket engines from the Russian
Federation for the evolved expendable launch vehicle program.
Sec. 1602. Exception to the prohibition on contracting with Russian suppliers of
rocket engines for the evolved expendable launch vehicle program.
Sec. 1603. Rocket propulsion system to replace RD–180.
Sec. 1604. Plan for use of allied launch vehicles.
Sec. 1605. Analysis of alternatives for wide-band communications.
Sec. 1606. Modification of pilot program for acquisition of commercial satellite com-
munication services.
Sec. 1607. Space-based environmental monitoring.
Sec. 1608. Prohibition on use of certain non-allied positioning, navigation, and tim-
ing systems.
Sec. 1609. Limitation of availability of funds for the Joint Space Operations Center
Mission System.
Sec. 1610. Limitations on availability of funds for the Global Positioning System
Next Generation Operational Control System.
Sec. 1611. Availability of funds for certain secure voice conferencing capabilities.
Sec. 1612. Space-based infrared system and advanced extremely high frequency pro-
gram.
Sec. 1613. Pilot program on commercial weather data.
Sec. 1614. Plans on transfer of acquisition and funding authority of certain weather
missions to National Reconnaissance Office.
Sec. 1615. Five-year plan for Joint Interagency Combined Space Operations Center.
Sec. 1616. Organization and management of national security space activities of the
Department of Defense.
Sec. 1617. Review of charter of Operationally Responsive Space Program Office.
Sec. 1618. Backup and complementary positioning, navigation, and timing capabili-
ties of Global Positioning System.
Sec. 1619. Report on use of spacecraft assets of the space-based infrared system
wide-field-of-view program.
Sec. 1620. Provision of certain information to Government Accountability Office by
National Reconnaissance Office.
Sec. 1621. Cost-benefit analysis of commercial use of excess ballistic missile solid
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rocket motors.
Sec. 1622. Independent assessment of Global Positioning System Next Generation
Operational Control System.

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Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1631. Report on United States Central Command Intelligence Fusion Center.
Sec. 1632. Prohibition on availability of funds for certain relocation activities for
NATO Intelligence Fusion Cell.
Sec. 1633. Survey and review of Defense Intelligence Enterprise.
Subtitle C—Cyberspace-Related Matters
Sec. 1641. Special emergency procurement authority to facilitate the defense against
or recovery from a cyber attack.
Sec. 1642. Limitation on termination of dual-hat arrangement for Commander of
the United States Cyber Command.
Sec. 1643. Cyber mission forces matters.
Sec. 1644. Requirement to enter into agreements relating to use of cyber opposition
forces.
Sec. 1645. Cyber protection support for Department of Defense personnel in positions
highly vulnerable to cyber attack.
Sec. 1646. Limitation on full deployment of joint regional security stacks.
Sec. 1647. Advisory committee on industrial security and industrial base policy.
Sec. 1648. Change in name of National Defense University’s Information Resources
Management College to College of Information and Cyberspace.
Sec. 1649. Evaluation of cyber vulnerabilities of F–35 aircraft and support systems.
Sec. 1650. Evaluation of cyber vulnerabilities of Department of Defense critical in-
frastructure.
Sec. 1651. Strategy to incorporate Army reserve component cyber protection teams
into Department of Defense cyber mission force.
Sec. 1652. Strategic Plan for the Defense Information Systems Agency.
Sec. 1653. Plan for information security continuous monitoring capability and com-
ply-to-connect policy; limitation on software licensing.
Sec. 1654. Reports on deterrence of adversaries in cyberspace.
Sec. 1655. Sense of Congress on cyber resiliency of the networks and communica-
tions systems of the National Guard.
Subtitle D—Nuclear Forces
Sec. 1661. Improvements to Council on Oversight of National Leadership Command,
Control, and Communications System.
Sec. 1662. Treatment of certain sensitive information by State and local govern-
ments.
Sec. 1663. Procurement authority for certain parts of intercontinental ballistic mis-
sile fuzes.
Sec. 1664. Prohibition on availability of funds for mobile variant of ground-based
strategic deterrent missile.
Sec. 1665. Limitation on availability of funds for extension of New START Treaty.
Sec. 1666. Certifications regarding integrated tactical warning and attack assess-
ment mission of the Air Force.
Sec. 1667. Matters relating to intercontinental ballistic missiles.
Sec. 1668. Requests for forces to meet security requirements for land-based nuclear
forces.
Sec. 1669. Report on Russian and Chinese political and military leadership surviv-
ability, command and control, and continuity of government programs
and activities.
Sec. 1670. Review by Comptroller General of the United States of recommendations
relating to nuclear enterprise of Department of Defense.
Sec. 1671. Sense of Congress on nuclear deterrence.
Sec. 1672. Sense of Congress on importance of independent nuclear deterrent of
United Kingdom.
Subtitle E—Missile Defense Programs
Sec. 1681. National missile defense policy.
Sec. 1682. Extensions of prohibitions relating to missile defense information and
systems.
Sec. 1683. Non-terrestrial missile defense intercept and defeat capability for the bal-
listic missile defense system.
Sec. 1684. Review of the missile defeat policy and strategy of the United States.
Sec. 1685. Maximizing Aegis Ashore capability and developing medium range dis-
crimination radar.
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Sec. 1686. Technical authority for integrated air and missile defense activities and
programs.
Sec. 1687. Hypersonic defense capability development.

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Sec. 1688. Conventional Prompt Global Strike weapons system.
Sec. 1689. Required testing by Missile Defense Agency of ground-based midcourse
defense element of ballistic missile defense system.
Sec. 1690. Iron Dome short-range rocket defense system and Israeli cooperative mis-
sile defense program codevelopment and coproduction.
Sec. 1691. Limitations on availability of funds for lower tier air and missile defense
capability of the Army.
Sec. 1692. Pilot program on loss of unclassified, controlled technical information.
Sec. 1693. Plan for procurement of medium-range discrimination radar to improve
homeland missile defense.
Sec. 1694. Review of Missile Defense Agency budget submissions for ground-based
midcourse defense and evaluation of alternative ground-based inter-
ceptor deployments.
Sec. 1695. Semiannual notifications on missile defense tests and costs.
Sec. 1696. Reports on unfunded priorities of the Missile Defense Agency.

Subtitle F—Other Matters

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

Subtitle A—Space Activities

SEC. 1601. REPEAL OF PROVISION PERMITTING THE USE OF ROCKET
ENGINES FROM THE RUSSIAN FEDERATION FOR THE
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.
Section 8048 of the Department of Defense Appropriations Act,
2016 (division C of Public Law 114–113; 129 Stat. 2363) is re-
pealed.
SEC. 1602. EXCEPTION TO THE PROHIBITION ON CONTRACTING WITH
RUSSIAN SUPPLIERS OF ROCKET ENGINES FOR THE
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.
Section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by
section 1607 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 1100), is further amended
by striking subsection (c) and inserting the following new sub-
section:
‘‘(c) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any of the following:
‘‘(1) The placement of orders or the exercise of options under
the contract numbered FA8811–13–C–0003 and awarded on De-
cember 18, 2013.
‘‘(2) Contracts that are awarded during the period begin-
ning on the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 2017 and ending December 31,
2022, for the procurement of property or services for space
launch activities that include the use of a total of 18 rocket en-
gines designed or manufactured in the Russian Federation, in
addition to the Russian-designed or Russian-manufactured en-
gines to which paragraph (1) applies.’’.
SEC. 1603. ROCKET PROPULSION SYSTEM TO REPLACE RD–180.
Section 1604 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
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Law 113–291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended by

section 1606 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 1099), is further amended

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by striking subsection (d) and inserting the following new sub-

sections:
‘‘(d) USE OF FUNDS UNDER DEVELOPMENT PROGRAM.—
‘‘(1) DEVELOPMENT OF ROCKET PROPULSION SYSTEM.—The
funds described in paragraph (2)—
‘‘(A) may be obligated or expended for—
‘‘(i) the development of the rocket propulsion sys-
tem to replace non-allied space launch engines pursu-
ant to subsection (a); and
‘‘(ii) the necessary interfaces to, or integration of,
the rocket propulsion system with an existing or new
launch vehicle; and
‘‘(B) except as provided by paragraph (3), may not be
obligated or expended to develop or procure a launch vehi-
cle, an upper stage, a strap-on motor, or related infrastruc-
ture.
‘‘(2) FUNDS DESCRIBED.—The funds described in this para-
graph are the following:
‘‘(A) Funds authorized to be appropriated by the Na-
tional Defense Authorization Act for Fiscal Year 2017 or
otherwise made available for fiscal year 2017 for the De-
partment of Defense for the development of the rocket pro-
pulsion system under subsection (a).
‘‘(B) Funds authorized to be appropriated by this Act or
the National Defense Authorization Act for Fiscal Year
2016 or otherwise made available for fiscal years 2015 or
2016 for the Department of Defense for the development of
the rocket propulsion system under subsection (a) that are
unobligated as of the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2017.
‘‘(3) OTHER PURPOSES.—The Secretary may obligate or ex-
pend not more than a total of the amount calculated under
paragraph (4) of the funds that are authorized to be appro-
priated by the National Defense Authorization Act for Fiscal
Year 2017 or otherwise made available for fiscal year 2017 for
the rocket propulsion system and launch system investment for
activities not authorized by paragraph (1)(A), including for de-
veloping a launch vehicle, an upper stage, a strap-on motor, or
related infrastructure. The Secretary may exceed such limit cal-
culated under paragraph (4) in fiscal year 2017 for such pur-
poses if—
‘‘(A) the Secretary certifies to the appropriate congres-
sional committees that, as of the date of the certification—
‘‘(i) the development of the rocket propulsion sys-
tem is being carried out pursuant to paragraph (1)(A)
in a manner that ensures that the rocket propulsion
system will meet each requirement under subsection
(a)(2); and
‘‘(ii) such obligation or expenditure will not nega-
tively affect the development of the rocket propulsion
system, including with respect to meeting such require-
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ments; and
‘‘(B) the reprogramming or transfer is carried out in
accordance with established procedures for reprogramming

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or transfers, including with respect to presenting a request

for a reprogramming of funds.
‘‘(4) CALCULATION OF AMOUNTS FOR OTHER PURPOSES.—In
carrying out paragraph (3), the Secretary shall calculate the
amount of the funds specified in such paragraph as follows:
‘‘(A) If the total amount of funds that are authorized to
be appropriated by the National Defense Authorization Act
for Fiscal Year 2017 or otherwise made available for fiscal
year 2017 for the rocket propulsion system and launch sys-
tem investment is equal to or less than $320,000,000, such
amount shall equal 31 percent.
‘‘(B) If the total amount of funds that are authorized to
be appropriated by the National Defense Authorization Act
for Fiscal Year 2017 or otherwise made available for fiscal
year 2017 for the rocket propulsion system and launch sys-
tem investment is greater than $320,000,000, such amount
shall equal the difference of—
‘‘(i) the amount of funds so authorized to be appro-
priated, minus
‘‘(ii) $220,000,000.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate congressional committees’
means—
‘‘(A) the congressional defense committees; and
‘‘(B) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
‘‘(2) The term ‘rocket propulsion system’ means, with respect
to the development authorized by subsection (a), a main booster,
first-stage rocket engine or motor. The term does not include a
launch vehicle, an upper stage, a strap-on motor, or related in-
frastructure.’’.
SEC. 1604. PLAN FOR USE OF ALLIED LAUNCH VEHICLES.
(a) PLAN.—The Secretary of Defense, in coordination with the
Director of National Intelligence, shall develop a plan to use allied
launch vehicles to meet the requirements for achieving the policy re-
lating to assured access to space set forth in section 2273 of title 10,
United States Code, in the event that such requirements cannot be
met, for a limited period, using only launch vehicles of the United
States.
(b) ASSESSMENTS.—In developing the plan required by sub-
section (a), the Secretary shall conduct assessments of the following:
(1) What satellites of the United States would be appro-
priate to be launched on an allied launch vehicle.
(2) The relevant laws, regulations, and policies governing
the launch of national security satellites and whether any legis-
lative, regulatory, or policy actions (including with respect to
waivers) would be necessary to allow for the launch of a na-
tional security satellite on an allied launch vehicle.
(3) The certification requirements for using allied launch
vehicles pursuant to the plan and the estimated cost, schedule,
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and actions that would be necessary to certify allied launch ve-

hicles.
(4) Any other matters the Secretary determines appropriate.

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(c) SUBMISSION TO CONGRESS.—Not later than 180 days after

the date of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report on the plan re-
quired by subsection (a) and the assessments required by subsection
(b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘allied launch vehicle’’ means a launch vehicle
of the government of a country that is an ally of the United
States. The term does not include a launch vehicle of the Gov-
ernment of the Russian Federation, the Government of the Peo-
ple’s Republic of China, the Government of the Islamic Republic
of Iran, or the Government of the Democratic People’s Republic
of Korea.
(2) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
(3) The term ‘‘national security satellite’’ means a satellite
launched for national security purposes, including such a sat-
ellite launched by the Air Force, the Navy, or the National Re-
connaissance Office, or any other element of the Department of
Defense.
SEC. 1605. ANALYSIS OF ALTERNATIVES FOR WIDE-BAND COMMUNICA-
TIONS.
Section 1611 of the National Defense Authorization Act for Fis-
cal Year 2016 (Public Law 114–92; 129 Stat. 1103) is amended by
striking subsection (b) and inserting the following new subsections:
‘‘(b) SCOPE.—
‘‘(1) STUDY GUIDANCE.—In conducting the analysis of alter-
natives under subsection (a), the Secretary shall develop study
guidance that requires such analysis to include the full range
of military and commercial satellite communications capabili-
ties, acquisition processes, and service delivery models.
‘‘(2) OTHER CONSIDERATIONS.—The Secretary shall ensure
that—
‘‘(A) any cost assessments of military or commercial
satellite communications systems included in the analysis
of alternatives conducted under subsection (a) include de-
tailed full life-cycle costs, as applicable, including with re-
spect to—
‘‘(i) military personnel, military construction, mili-
tary infrastructure operation, maintenance costs, and
ground and user terminal impacts; and
‘‘(ii) any other costs regarding military or commer-
cial satellite communications systems the Secretary de-
termines appropriate; and
‘‘(B) such analysis identifies any considerations relat-
ing to the use of military versus commercial systems.
‘‘(c) COMPTROLLER GENERAL REPORT.—
‘‘(1) SUBMISSION.—Upon completion of the analysis of alter-
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natives conducted under subsection (a), the Secretary shall sub-

mit such analysis to the Comptroller General of the United
States.

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‘‘(2) REPORT.—Not later than 120 days after the date on

which the Comptroller General receives the analysis of alter-
natives under paragraph (1), the Comptroller General shall
submit to the congressional defense committees a report con-
taining—
‘‘(A) a review of the analysis; and
‘‘(B) an assessment of the types of analyses the Sec-
retary has conducted to understand the costs and benefits
of the use of KA-band commercial satellite communications
by the Department of Defense.
‘‘(3) MATTERS INCLUDED.—The report under paragraph (2)
shall include the following:
‘‘(A) With respect to the review of the analysis of alter-
natives conducted under subsection (a)—
‘‘(i) whether, and to what extent, the Secretary—
‘‘(I) conducted such analysis using best prac-
tices;
‘‘(II) fully addressed the concerns of the acqui-
sition, operational, and user communities; and
‘‘(III) complied with subsection (b); and
‘‘(ii) a description of how the Secretary identified
the requirements and assessed and addressed the cost,
schedule, and risks posed for each alternative included
in such analysis.
‘‘(B) With respect to the assessment under paragraph
(2)(B)—
‘‘(i) whether the Secretary has evaluated the use of
KA-band commercial satellite communications, based
on total cost, capabilities, and interoperability with ex-
isting or planned terminals; and
‘‘(ii) such other matters as the Comptroller General
considers appropriate.
‘‘(d) BRIEFINGS.—Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2017, and semiannually thereafter until the date on which the anal-
ysis of alternatives conducted under subsection (a) is completed, the
Secretary shall provide the Committees on Armed Services of the
House of Representatives and the Senate (and any other congres-
sional defense committee upon request) a briefing on such anal-
ysis.’’.
SEC. 1606. MODIFICATION OF PILOT PROGRAM FOR ACQUISITION OF
COMMERCIAL SATELLITE COMMUNICATION SERVICES.
(a) IMPLEMENTATION OF GOALS.—Section 1605 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authoriza-
tion Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2208
note), as amended by section 1612 of the National Defense Author-