This bill authorizes FY2017 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE).
The bill authorizes appropriations, but does not provide budget authority, which is provided by appropriations legislation.
The bill authorizes appropriations to DOD for:
The bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits.
The bill authorizes the FY2017 personnel strengths for active duty and reserve forces and sets forth policies regarding:
The bill authorizes appropriations and sets forth policies regarding military construction; base realignment and closure (BRAC) activities; and DOE national security programs, including the National Nuclear Security Administration. The bill prohibits an additional BRAC round.
The bill also amends the Uniform Code of Military Justice (UCMJ) to reorganize the UCMJ and revise the procedures and structure of the military justice system.
National Defense Authorization Act for Fiscal Year 2017
(Sec. 3) Defines "congressional defense committees" as the House and Senate Armed Services and Appropriations Committees.
(Sec. 4) Requires the budgetary effects of this bill to be determined in accordance with the procedures established in the Statutory Pay-As-You-Go Act of 2010.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Subtitle A--Authorization of Appropriations
(Sec. 101) Authorizes appropriations to the Department of Defense (DOD) for Procurement at the levels identified in section 4101 of this bill.
Subtitle B--Army Programs
(Sec.111) Requires the Army to: (1) take actions to improve training for operators of the Distributed Common Ground System-Army (DCGS-A) and their leaders, at division level and below tactical units; and (2) rapidly identify and field an effective, suitable and survivable solution for division and below tactical units by acquiring a commercially available off the shelf, non-developmental capability that meets specified requirements.
(Sec. 112) Authorizes the Army to enter into one or more multiyear contracts for UH-60M and HH-60M Black Hawk helicopters beginning in FY2017.
(Sec. 113) Authorizes the Army to enter into one or more multiyear contracts for AH-64E Apache helicopters beginning in FY2017.
Subtitle C--Navy Programs
(Sec. 121) Authorizes the Navy to enter into and incrementally fund a contract for design and construction of the LHA (Amphibious Assault Ship) replacement ship designated LHA 8.
(Sec.122) Requires an annual report on Littoral Combat Ship (LCS) mission packages and a certification of the acquisition inventory objective of LCS mission packages. Limits the use of funds to revise or deviate from revision three of the LCS acquisition strategy and repeals a reporting requirement related to LCS mission modules.
(Sec. 123) Requires the Navy to deem ship delivery to occur at the completion of the final phase of construction and to certify that ship delivery dates have been adjusted in accordance with the requirement.
(Sec. 124) Prohibits funds from being used to enter into or prepare to enter into sole source contracts for one or more Joint High Speed Vessels or Expeditionary Fast Transports unless the Navy submits a certification and report to Congress.
(Sec. 125) Restricts the use of funds for research and development, design, procurement, or advanced procurement of materials for the Advanced Arresting Gear (AAG) to be installed on USS Enterprise (CVN-80) until DOD submits to Congress a required unit cost report (commonly referred to as a Nunn-McCurdy certification) for the AAG program using a specified baseline for the estimate.
(Sec. 126) Limits the use of funds for advance procurement or procurement for the USS John F. Kennedy (CVN-79) or the USS Enterprise (CVN-80) until the Navy submits a report to Congress.
(Sec. 127) Limits the availability of funds for the Tactical Combat Training System (TCTS) Increment II program until the Navy and Air Force submit to Congress a required report on the baseline and alternatives to the TCTS Increment II program of the Navy.
Subtitle D--Air Force Programs
(Sec. 141) Amends the National Defense Authorization Act for Fiscal Year 2016 to extend the prohibition on using funds to retire A-10 aircraft until the Air Force reports to Congress on the results of the F-35A initial operational test and evaluation (IOT&E). Requires the Government Accountability Office (GAO) to review the report.
Directs the Director of Operational Test and Evaluation to report to Congress on the results and findings of the F-35A IOT&E, including comparison tests and evaluation of the F-35A and A-10C in conducting close air support, combat search and rescue, and forward air controller (airborne) missions.
Requires the Air Force to submit to Congress a plan for addressing deficiencies and corrective actions identified in the report, and short- and long-term strategies for preserving the Air Force's capability to conduct the close air support, combat search and rescue, and airborne forward air controller missions.
(Sec. 142) Limits the availability of funds for scrapping, destroying, or otherwise disposing of any A-10 aircraft in any storage status in the Aerospace Maintenance and Regeneration Group (AMARG) that have serviceable wings or other components that could be used to prevent total active inventory A-10 aircraft from being permanently removed from flyable status due to unserviceable wings or other components.
Requires the Air Force to: (1) notify Congress in advance of any action to scrap, destroy, or otherwise dispose of any A-10 aircraft in any storage status at AMARG, and (2) to submit with the FY2018 DOD budget and implement a plan to prevent any total active inventory A-10 aircraft from being permanently removed from flyable status for unserviceable wings or any other required component over the course of the future years defense plan.
(Sec. 143) Repeals the requirement for the Air Force to preserve certain retired C-5 aircraft.
(Sec. 144) Repeals the requirement for the Air Force to maintain F-117A aircraft in a condition that would allow recall of the aircraft to future service.
(Sec. 145) Prohibits funds from being used for the Air Force EC-130H Compass Call recapitalization program unless the Air Force conducts a full and open competition to acquire the replacement aircraft platform.
(Sec. 146) Prohibits funds from being used for the Air Force's Joint Surveillance Target Attack Radar System recapitalization program unless the contract for engineering and manufacturing development uses a firm fixed-price contract structure.
Subtitle E--Defense-Wide, Joint and Multiservice Matters
(Sec. 151) Directs DOD to obtain an independent study on the future mix of aircraft platforms for the Armed Forces.
(Sec. 152) Limits the funds available for the destruction of cluster munitions until DOD submits a report on its policy and plan for cluster munitions.
(Sec. 153) Prohibits DOD funds authorized for the procurement of manned medium altitude intelligence, surveillance, and reconnaissance aircraft by the U.S. Special Operations Command from being used for that purpose until the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict submits to Congress a report on the requirements of the command for manned intelligence, surveillance, and reconnaissance aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
(Sec. 201) Authorizes appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4201 of this bill.
Subtitle B--Program Requirements, Restrictions, and Limitations
(Sec. 211) Modifies the authority for defense laboratories to use funds for research and development of technologies for military missions. Sets the level of funding at 4% of funds available to the defense laboratory and eliminates the termination date for the authority. Authorizes defense laboratories to charge customer activities a fixed percentage fee of up to 3% of costs, in addition to normal costs of performance.
(Sec. 212) Permanently extends the authorization for the defense research and development Rapid Innovation Program, which accelerates the fielding of innovative technologies.
(Sec. 213) Authorizes the Defense Acquisition University and the National Defense University to enter into cooperative agreements, which involve the provision of grant money, and cooperative research and development agreements with universities, not-for-profit institutions, and other entities to support their designated missions.
(Sec. 214) Establishes the Manufacturing Universities Grant Program for DOD to provide grants to institutions of higher education to enhance education in manufacturing engineering.
(Sec. 215) Increases the micro-purchase threshold in DOD basic research and laboratories activities from $3,000 to $10,000.
(Sec. 216) Provides rapid acquisition authorities for the acquisition and deployment of offensive or defensive directed energy weapon systems capabilities, supplies, and associated support services that are urgently needed to eliminate a deficiency in directed energy weapon systems.
(Sec. 217) Prohibits the use of funds for the B-21 Long Range Strike Bomber engineering and manufacturing development (EMD) program until the Air Force discloses to Congress the value of the B-21 EMD contract award made on October 27, 2015.
(Sec. 218) Establishes a pilot program to permit DOD to provide defense contractors performing under a DOD federally-funded research and development center contract with access to sensitive information necessary to carry out their assigned functions and duties.
(Sec. 219) Authorizes DOD to carry out a pilot program to assess the feasibility and advisability of additional and enhanced interaction between the Defense Advanced Research Projects Agency and the service academies.
(Sec. 220) Modifies the authority to use operation and maintenance funds for minor military construction projects to revitalize antiquated laboratories by increasing the scope of projects allowed from $4 million to $6 million and extending the authorization to 2025.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
(Sec. 301) Authorizes appropriations for Operation and Maintenance activities at the levels identified in section 4301 of this bill.
Subtitle B--Energy and Environment
(Sec. 302) Modifies the requirements for DOD's Annual Energy Management Report.
(Sec. 303) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to report to Congress on efforts to achieve cost savings at military installations with high energy costs.
(Sec. 304) Requires DOD to develop a pilot program to investigate the utilization of utility data management services to perform utility bill aggregation, analysis, third-party payment, storage, and distribution.
(Sec. 305) Amends DOD's Unified Facilities Criteria to allow linear light emitting diode lamps for facilities and installation retrofits.
Subtitle C--Logistics and Sustainment
(Sec. 311) Revises the Army's deployability rating system and the manner in which the Army is required to track prioritization of deployable units. Requires the Army to maintain: (1) a system for identifying the priority of deployment for units of all components of the Army, and (2) a readiness rating system for units of all components of the Army that provides an accurate assessment of the deployability of a unit and the shortfalls of a unit that require the provision of additional resources.
(Sec. 312) Requires the Undersecretary of Defense for Acquisition, Technology, and Logistics, in coordination with the Director of Corrosion Policy and Oversight, to revise the corrosion-related guidance to clearly define specific roles of the corrosion control and prevention executives of the military departments.
(Sec. 313) Permits savings derived from foreign currency fluctuations to be used for the repair, recapitalization, and certification of dry docks at Naval shipyards.
(Sec. 321) Modifies requirements for the Quarterly Readiness Report to Congress.
(Sec. 322) Requires DOD to submit to Congress a plan to modernize, sustain training, and provide depot maintenance for all components of the HH-60 helicopter fleet until total force combat rescue units have been fully equipped with HH-60W Combat Rescue Helicopters.
Subtitle E--Other Matters
(Sec. 331) Transfers excess firearms to Rock Island Arsenal to be repurposed for military use as determined by the Army. Permits the transfer of specified surplus rifles and pistols currently in the Army and Navy inventory to a military museum for display and preservation and for use as awards for competitors in marksmanship competitions that are held by the Navy or the Marine Corps.
(Sec. 332) Prohibits funds from being used for the development or fielding of new camouflage or utility uniforms or families of uniforms until one year after DOD notifies Congress of the proposed development or fielding.
(Sec. 333) Sets forth required elements of hazard assessments that DOD is required under current law to conduct with respect to new construction of obstructions related to energy projects on military installations.
(Sec. 334) Directs the Air Force to submit to Congress a resource ready and executable plan for developing and emplacing a modernized dedicated adversary air training enterprise to support the full spectrum air combat readiness of the Air Force.
(Sec. 335) Requires the Air Force to commission an independent review and assessment of the assumptions underlying the Air Force's annual continuation training requirements and the efficacy of the overall Ready Aircrew Program in the management of Air Force's aircrew training requirements. Requires the GAO to review the assessment.
(Sec. 336) Directs DOD to: (1) remove and replace window coverings with accessible cords from military housing units in which children under the age of nine reside, and (2) require housing contractors to phase out window coverings with accessible cords.
(Sec. 337) Requires all new contracts involving tactical explosive detection dogs to include a provision that would transfer the dogs to the 341st Training Squadron after the end of their useful service life and reclassify them as military animals for the purpose of adoption procedures required under current law.
(Sec. 338) Expresses the sense of Congress that the STARBASE program should continue to be funded by DOD. (The purpose of the program is to improve the knowledge and skills of students in kindergarten through 12th grade in science, technology, engineering, and mathematics [STEM] subjects, to connect them to the military, and to motivate them to explore science, technology, engineering, and mathematics and possible military careers as they continue their education.)
(Sec. 339) Requires DOD to establish policies, terms, and conditions under which online transportation networks and their drivers will be permitted access to military installations to serve base personnel.
(Sec. 340) Authorizes DOD to provide specified funds for the acquisition, installation, and maintenance of exhibits, facilities, historical displays, and programs at military service memorials and museums that highlight the role of women in the military.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Personnel
(Sec. 401) Authorizes specified end strengths for Active Duty personnel of the Armed Forces.
Subtitle B--Reserve Forces
(Sec. 411) Authorizes specified end strengths for Selected Reserve personnel.
(Sec. 412) Authorizes specified end strengths for Reserves on Active Duty in support of the Reserves.
(Sec. 413) Authorizes specified end strengths for military technicians (dual status).
(Sec. 414) Establishes the maximum end strengths for the Reserve Components of the Army and Air Force for non-dual status technicians.
(Sec. 415) Authorizes the maximum number of Reserve Component personnel who may be on Active Duty or full-time National Guard duty during FY2017 to provide operational support.
(Sec. 416) Makes technical corrections to the annual authorization of personnel strengths.
Subtitle C--Authorization of Appropriations
(Sec. 421) Authorizes appropriations for Military Personnel at the levels identified in section 4401 of this bill.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
(Sec. 501) Establishes the authorized distribution and strength of general and flag officers for the Army, Navy, Marine Corps, and Air Force, effective December 31, 2017. Requires a 25% reduction in the number of general and flag officers in the military departments.
(Sec. 502) Repeals or amends various provisions to remove the requirement that an officer serving must hold a specified general or flag officer grade for certain positions in the Armed Forces.
(Sec. 503) Removes the limitations on the total number of commissioned officers authorized to serve on Active Duty or on full-time reserve component duty in the pay grades of O-4 through O-6 as of the end of the fiscal year for FY2017-FY2021.
(Sec. 504) Authorizes service secretaries to credit an applicant for an original appointment in a commissioned grade with an amount of service credit limited to the amount required for an original appointment in the grade of colonel in the Army, Air Force, or Marine Corps, or in the grade of captain in the Navy. Authorizes the secretary concerned to award constructive service credit for cyberspace-related experience or advanced education.
(Sec. 505) Authorizes an officer promotion board to recommend Active Duty officers of particular merit to be placed at the top of the promotion list.
(Sec. 506) Specifies that the period for promotion eligibility of an officer does not expire during the period when the Senate is unable to obtain information necessary to give its advice and consent to the appointment concerned because the information is under control of a department or agency of the federal government other than DOD.
(Sec. 507) Modifies the qualifying period for joint duty assignments from three years to not less than two years. Repeals the average tour length requirement and the authority for shorter tour lengths for officers initially assigned to critical occupational specialties.
(Sec. 508) Revises the definitions used for joint officer management. Repeals the definition of "critical occupational specialty."
(Sec. 509) Authorizes service secretaries to allow officers in a grade above O-4 who are serving in military occupational specialties designated by the secretary to remain on Active Duty for up to 40 years of active service.
(Sec. 510) Extends force management authorities related to personnel management, including:
Subtitle B--Reserve Component Management
(Sec. 521) Authorizes the Secretary of Defense to extend the term of office of the Vice Chief of the National Guard Bureau for up to 90 days.
(Sec. 522) Authorizes the secretaries of the military departments to defer promotion consideration for reserve component officers in a non-participatory (membership points only) status.
(Sec. 523) Amends provisions related to the employment rights and protections of military technicians. Specifies that: (1) when a military technician files an appeal of a personnel action that concerns an activity that occurs while the member is in a military status or concerns fitness for duty in the reserve components, current statutory limitations concerning such appeals will continue to apply; and (2) the provisions of section 717 of the Civil Rights Act of 1991 apply to an appeal concerning any other activity occurring while the member is in a civilian status.
(Sec. 524) Extends the authority for suicide prevention and resilience programs for the National Guard and Reserves until October 1, 2022.
(Sec. 525) Specifies that laws providing military leave to individuals appointed to the civil service do not apply to National Guard technicians performing Active Guard and Reserve duty.
Subtitle C--General Service Authorities
(Sec. 531) Specifies that the Chief of Staff of each of the Armed Forces is responsible for establishing, approving, and modifying the criteria, standards, and qualifications for military specialty codes within that Armed Force.
(Sec. 532) Authorizes specified uncharged leave for servicemembers who are the primary or secondary caregiver for the birth or adoption of a child. Specifies requirements for DOD regulations implementing this section. Prohibits leave from being authorized unless it is expressly permitted by law.
(Sec. 533) Changes the location in the U.S. Code of provisions that authorize the reimbursement of members of the Armed Force for expenses incurred in connection with leave cancelled due to contingency operations.
(Sec. 534) Reduces from five to three years the maximum tenure for servicemembers placed on the Temporary Disability Retired List due to an injury or illness eligible for disability retirement.
(Sec. 535) Prohibits any order, ruling, finding, or other determination of a military commission from being construed or implemented to prevent members of the Armed Forces from carrying out otherwise lawful duties based on the member's gender.
(Sec. 536) Requires a board convened to consider a claim for correction of military records to include a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) when considering claims involving a servicemember: (1) who had been deployed in support of contingency operation and who was subsequently diagnosed as experiencing PTSD or TBI, or (2) who was diagnosed while serving in the military as experiencing a mental health disorder.
Requires the military department concerned or the Department of Homeland Security (DHS) to make available on a public website information regarding claims considered quarterly by: (1) boards for correction of military records, and (2) service discharge review boards.
(Sec. 537) Aligns the requirements for enlistment in the reserve components of the Armed Forces with the requirements for enlistment in the active components.
Subtitle D--Military Justice and Legal Assistance Matters
(Sec. 541) Requires the results of an investigation by DOD or the Armed Forces of a complaint by a member of the Armed Forces of retaliation to be reported to the member.
(Sec. 542) Requires DOD to ensure that individuals who investigate claims of retaliation receive training on the nature and consequences of sexual assault trauma.
(Sec. 543) Requires the annual report on sexual assault and response efforts to include information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces.
(Sec. 544) Requires the DOD Sexual Assault Prevention and Response Office to establish and issue metrics and best practices to be used by the military departments to evaluate efforts to prevent and respond to retaliation in connection with reports of sexual assault.
Part II--Other Military Justice Matters
(Sec. 546) Amends the Uniform Code of Military Justice (UCMJ) to authorize military judges to decide on a case-by-case basis whether it is appropriate to appoint an individual to assume the victim's rights in all cases under the UCMJ in which the victim of an offense is under 18 years of age or is incompetent, incapacitated, or deceased.
(Sec. 547) Authorizes victims to file pleadings as a real party in interest when the government files appellate pleadings implicating the victim's rights relating to Military Rule of Evidence (MRE) 412, relating to the admission of evidence regarding a victim's sexual background; MRE 513, relating to the psychotherapist-patient privilege; or MRE 514, relating to the victim advocate-patient privilege. Provides the victim with the right to reasonable, accurate, and timely notice of any appellate matters.
(Sec. 548) Requires the service secretaries to: (1) carry out a program to ensure that trial and defense counsel detailed to prosecute or defend a court-martial have sufficient experience and knowledge to effectively prosecute or defend the case, or that there is adequate supervision and oversight; and (2) establish and use a system of skill identifiers for identifying judge advocates with skill and experience in military justice proceedings to ensure that judge advocates with skills identified through the identifiers are assigned to supervise and oversee less experienced judge advocates.
(Sec. 549) Requires each secretary of a military department to carry out a pilot program to assess the feasibility and advisability of a military justice career track for judge advocates in the Armed Forces under the jurisdiction of the secretary.
(Sec. 550) Modifies the definition of sexual harassment for the purposes of investigations of complaints of harassment by commanding officers.
(Sec. 551) Extends the requirement for the annual report on sexual assault in the military through February 2025 and revises the reporting deadlines. Specifies the scope of sexual assaults that must be included in the report.
(Sec. 552) Permits notaries to execute military testamentary instruments. Extends federal notary powers to civilian paralegals working within military legal assistance offices.
(Sec. 553) Modifies the terms of two civilian judges of the U.S. Court of Appeals for the Armed Forces and the daily rate of compensation for senior judges performing judicial duties with the court. Authorizes judges of the court to administer oaths in a similar manner as other federal judges. Repeals a provision that precludes more than three judges of the court from being from the same political party.
Subtitle E--Member Education, Training, and Transition
(Sec. 561) Limits the tuition assistance program for off-duty training and education to education programs likely to contribute to the professional development of the servicemember.
(Sec. 562) Includes within the program to assist members in obtaining professional credentials those credentials that were acquired during military service, but which were not necessarily obtained incident to the performance of their military duties. Replaces the requirement that credentialing programs be accredited by third party accreditation bodies with a requirement that credentialing programs meet specified quality assurance benchmarks.
(Sec. 563) Requires DOD to grant access to all DOD installations to any institution of higher education that has a Voluntary Education Partnership Memorandum of Understanding with DOD for the purposes of student advising and support services.
(Sec. 564) Requires DOD to consult, and enter into a memorandum of understanding, with DHS to prioritize the processing of applications for Transportation Worker Identification Credentials (TWIC) by members of the Armed Forces who are undergoing separation, discharge or release from the Armed Forces. Requires adjudication of the applications not later than 14 days after the application is submitted, unless an appeal or waiver applies, or if other documentation is required.
Subtitle F--Defense Dependents' Education and Military Family Readiness Matters
(Sec. 571) Authorizes appropriations for the continuation in FY2017 of DOD assistance to local educational agencies impacted by the enrollment of dependent children of military members and DOD civilian employees.
(Sec. 572) Authorizes specified Operation and Maintenance--Defense-Wide funds to be used for impact aid payments for children with disabilities to continue DOD assistance to local educational agencies that benefit eligible dependents with severe disabilities.
(Sec. 573) Amends the Elementary and Secondary Education Act of 1965 to: (1) make a technical correction to prevent some local school districts whose boundaries are within the perimeter of military installations from being disqualified from the Impact Aid heavily impacted program, (2) provide additional time to collect data on the effects of the program, and (3) modify eligibility criteria.
(Sec. 574) Extends the authorities for support related to the transition of military dependent students to local educational agencies. Specifies details that must be included in budget justifications regarding future requests for extensions.
(Sec. 575) Requires the GAO to analyze the condition and capacity of public schools on military installations.
(Sec. 576) Permits DOD to provide relocation assistance to members of the Armed Forces and their families regardless of geographic location and requires DOD to use technology to improve the program. Establishes the position of Program Manager of Military Relocation Assistance in the office of the Assistant Secretary of Defense for Manpower and Reserve Affairs to oversee the development and implementation of relocation assistance.
(Sec. 577) Requires DOD and DHS to prescribe regulations to ensure that the family advocacy program office at a military installation to which a member of the Armed Forces is assigned is provided an immediate report of credible information obtained by any individual in the chain of command of the servicemember, that a child in the family or home of the servicemember has suffered an incident of child abuse. Amends the Victims of Child Abuse Act of 1990 to require a similar report by any member of the Armed Forces in specified professions who has reason to suspect that a child in the family or home of a servicemember has suffered an incident of child abuse.
(Sec. 578) Requires certain local educational agencies receiving impact aid and each DOD domestic dependent elementary and secondary school to establish policies and procedures requiring a criminal background check for each school employee of the agency or school.
Prohibits the employment of a school employee that refuses to consent to a criminal background check, makes a false statement in connection with a criminal background check, or has a conviction for certain felonies.
Requires periodic updates of background checks. Authorizes a school employee, upon request, to receive a copy of the criminal background check, and permits the employee to appeal the accuracy and completeness of the background check.
Authorizes a local educational agency or school to share the results of a criminal background check with another educational agency considering an employee for employment. Authorizes certain federal and state officials to charge reasonable fees for conducting a criminal background check not to exceed the actual costs.
(Sec. 579) Authorizes DOD to provide financial or non-monetary support to nonprofit organizations that provide camp experiences for children of military families
(Sec. 580) Requires the GAO to report on the effectiveness of each Exceptional Family Member Program of the Armed Forces.
(Sec. 581) Repeals the Advisory Council on Dependents' Education.
Subtitle G--Decorations and Awards
(Sec. 586) Waives the statutory time limitation to allow the President to award the Medal of Honor to Charles S. Kettles, who served in the Army during the Vietnam War.
(Sec. 587) Waives the statutory time limitation to allow the President to award the Medal of Honor to Gary M. Rose, who served in the Army during the Vietnam War.
(Sec. 588) Authorizes the Secretary of the Army to award the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis LaFleur for acts of valor while interned as a prisoner of war by Japan.
(Sec. 589) Posthumously advances Colonel George E. ''Bud'' Day, U.S. Air Force, to the rank of brigadier general on the retired list of the U.S. Air Force.
Subtitle H--Miscellaneous Reports and Other Matters
(Sec. 591) Amends the Military Selective Services Act to include women in the requirement to register for selective service, to the same extent men are currently required, beginning January 1, 2018.
(Sec. 592) Establishes the positions of Senior Military Acquisition Advisors within the Defense Acquisition Corps to: (1) serve as advisors to, and provide senior level acquisition expertise to, the Service Acquisition Executive of that officer's military department, and (2) be assigned as adjunct professors at the Defense Acquisition University.
(Sec. 593) Requires the Army and the Marine Corps to report to Congress on the progress of integrating women into military occupational specialties and units recently opened to women.
(Sec. 594) Requires DOD to report to Congress on the career progression track for entry level and laterally moved female service members in combat arms units.
(Sec. 595) Repeals the requirement for the chaplain at the U.S. Air Force Academy to be appointed by the President.
(Sec. 596) Extends the limitation on reducing the number of military and civilian personnel assigned to duty with the service review agencies.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
(Sec. 601) Authorizes a pay raise of 1.6% for all members of the uniformed services effective January 1, 2017.
(Sec. 602) Requires DOD to ensure that pay tables of basic pay for members of the uniformed services reflect the operation of the pay cap required under current law.
(Sec. 603) Extends the authority of DOD to temporarily increase the rate of basic allowance for housing (BAH) in areas impacted by natural disasters or experiencing a sudden influx of personnel.
(Sec. 604) Modifies the BAH benefit for members of the uniformed services to require a system that utilizes actual costs up to a maximum allowable amount.
(Sec. 605) Repeals provisions related to an obsolete authority for combat-related injury rehabilitation pay.
Subtitle B--Bonuses and Special and Incentive Pays
(Sec. 611) Extends certain bonus and special pay authorities for Reserve Forces.
(Sec. 612) Extends certain bonus and special pay authorities for health care professionals.
(Sec. 613) Extends certain bonus and special pay authorities for nuclear officers.
(Sec. 614) Extends specified special pay, incentive pay, and bonus authorities.
(Sec. 615) Extends specified bonus and special pay authorities.
(Sec. 616) Conforms the consolidated bonus amount to the current authorized amount of $20,000.
Subtitle C--Travel and Transportation Allowances
(Sec. 621) Authorizes DOD, on a case-by-case basis, to reimburse travel expenses at a higher amount for Reserve Component members traveling to training from rural areas.
(Sec. 622) Permits families to determine the sequencing of permanent change of station moves when the member and family must move separately to accommodate particular circumstances requiring such a division, including the accommodation of dependent educational obligations and spousal employment and education needs. Requires the GAO to report to Congress on potential actions to enhance the stability of military families undergoing a permanent change of station.
Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits
Part I--Amendments in Connection With Retired Pay Reform
(Sec. 631) Specifies the election period for cadets and midshipmen at the service academies to opt-in to the new military retirement system. Specifies the timing of elections for reservists who are on Inactive Duty during the election period otherwise provided for under the new retirement system.
(Sec. 632) Makes a technical correction for the new military retirement plan related to defining separation from service under the Thrift Savings Plan.
(Sec. 633) Permits DOD to pay continuation pay at any point between the time the member completes 8 years of service and before the member reaches 12 years of service, in exchange for an agreement to continue serving for a period of not less than 3 additional years.
(Sec. 634) Makes a technical and conforming amendment to Combat-Related Special Compensation calculation to bring the authority in line with the new military retirement system.
(Sec. 635) Expresses the sense of the Congress that DOD should explore making Roth contributions the default contributions for members of the Armed Forces participating in the Thrift Savings Plan under the new military retirement plan.
Part II--Other Matters
(Sec. 641) Expands the areas eligible for the allowance for covering monthly premiums for the Servicemembers' Group Life Insurance to include any designated combat zone or an area directly supporting a designated combat zone.
(Sec. 642) Modifies the division of military retired pay in a divorce decree to the amount the member would be entitled based upon the member's pay grade and years of service at the time of the divorce rather than at the time of retirement with the spousal share of the retired pay computed on the retired pay as adjusted by the annual increases in military pay.
(Sec. 643) Permanently extends the authority to pay the Special Survivor Indemnity Allowance at the monthly rate currently payable for FY2017.
(Sec. 644) Authorizes the deduction of Survivor Benefit Plan premiums from monthly combat- related special compensation when retired pay is insufficient to cover the premiums.
(Sec. 645) Expresses the sense of Congress that DOD should explore options to allow servicemembers to designate that, upon their death, the death gratuity may be paid to a trust that is legally established under any federal, state, or territorial law.
(Sec. 646) Requires DOD to provide for an independent assessment of the Department of Defense Survivor Benefit Plan by a federally-funded research and development center.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations
(Sec. 661) Requires DOD to develop and implement a strategy to optimize management practices across the defense commissary system and the exchange system that reduce reliance on appropriated funding without reducing benefits or the revenue generated by nonappropriated fund entities or instrumentalities of DOD for the morale, welfare, and recreation of members of the armed forces.
Requires DOD to ensure that savings generated due to the optimization practices are shared by the defense commissary system and the exchange system through contracts or agreements that appropriately reflect the participation of the systems in the development and implementation of the practices.
Authorizes DOD to establish and carry out an alternative pricing program, under which prices may be established in response to market conditions and customer demand.
(Sec. 662) Requires DOD to conduct a pilot program to assess the feasibility and advisability of privatization of the Defense Commissary System.
Subtitle F--Other Matters
(Sec. 671) Requires DOD to comply with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces. Requires DOD to furnish the footwear directly to members instead of providing a cash allowance. Permits a waiver to be granted in cases of medical necessity.
(Sec. 672) Authorizes payment of certain pay and allowances of a servicemember or retired servicemember to an individual to whom the member has granted authority to manage these funds pursuant to a valid and legally executed durable power of attorney.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
(Sec. 701) Modifies the health care plans available under the TRICARE program. Establishes three health plans for families of Active-Duty servicemembers, and retired military members and their families: (1) TRICARE Prime, a managed care option; (2) TRICARE Choice, a self-managed option; and (3) TRICARE Supplemental, an option for retired members and their families, other than TRICARE-For- Life beneficiaries, who have other health insurance.
Requires beneficiaries to enroll in one of the TRICARE options during an annual open enrollment period in order to obtain care through the TRICARE Program.
Requires DOD to offer TRICARE Prime in areas near military treatment facilities. Establishes TRICARE Choice in other locations, and permits beneficiaries to receive care from any health care provider selected by the member subject to restrictions established by DOD.
Specifies cost-shares, rates for annual enrollment fees, annual deductibles, annual catastrophic caps, and co-payments for inpatient visits, outpatient visits, and other services.
Authorizes DOD to adopt special coverage and reimbursement methods, amounts, and procedures to encourage the use of high-value services and products and to discourage the use of low-value services and products.
(Sec. 702) Modifies cost-sharing requirements for the TRICARE pharmacy benefits program.
Authorizes DOD, upon a recommendation from the Pharmacy and Therapeutics Committee and review by the Uniform Formulary Beneficiary Advisory Panel, to exclude from the pharmacy benefits program any pharmaceutical agent that provides little or no value to beneficiaries and DOD.
Permits DOD to give preferential status to any non-generic pharmaceutical agent on the uniform formulary by treating it, for the purposes of cost-sharing, as a generic product under the TRICARE retail pharmacy and mail order programs.
Permits DOD to adopt special reimbursement methods, amounts, and procedures in medical contracts to encourage physicians to use high-value pharmaceutical agents and to discourage use of low-value agents
(Sec. 703) Requires DOD to enter into an agreement with the Office of Personnel Management (OPM) to offer eligible beneficiaries the opportunity to purchase dental and vision insurance currently available to federal employees.
(Sec. 704) Provides TRICARE program coverage for medically necessary food and vitamins for digestive disorders and inherited metabolic disorders.
(Sec. 705) Requires DOD to incorporate the use of telehealth services throughout the direct and purchased care components of the military health system. Requires DOD to: (1) establish standardized payment methods to reimburse health care providers for telehealth services provided to covered beneficiaries in the purchased care component of the TRICARE program, and (2) reduce or eliminate co-payments or cost-shares for covered beneficiaries for receipt of telehealth services.
(Sec. 706) Authorizes a veteran or civilian to be evaluated and treated at a military treatment facility if: (1) the evaluation and treatment is necessary to maintain the medical readiness skills and competencies of health care providers at the facility; (2) health care providers at the facility have the competencies, skills and abilities to treat the individual; and (3) the facility has available space, equipment, and materials.
Requires DOD to enter into a memorandum of understanding with the VA under which the VA would reimburse a military treatment facility for the costs of any health care services provided to individuals eligible for health care services from the VA.
(Sec. 707) Authorizes DOD to carry out a pilot program jointly with the OPM to provide commercial health insurance coverage to eligible reserve component members who enroll for either individual, self plus one, or self and family coverage.
(Sec. 708) Authorizes DOD to conduct a pilot program to award competitive grants to community partners to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder resulting from military sexual trauma, including treatment for substance use disorder, depression, and other issues related to those conditions.
Subtitle B--Health Care Administration
(Sec. 721) Requires DOD disestablish the medical departments of the Armed Forces and consolidate all activities of those departments into the Defense Health Agency.
(Sec. 722) Requires DOD to incorporate performance accountability measures into the annual performance reviews of certain leadership positions in the military health care system. Prohibits performance bonuses from being paid to a civilian DOD employee occupying a specified position unless the operations of the military health care system met or exceeded performance measures during the period of the employee's annual performance review.
(Sec. 723) Requires DOD to develop common qualifications and core competencies required for selection of commanders or directors of military medical treatment facilities and establishes a minimum length of four years for tours of duty, with specified exceptions, for those commanders or directors.
(Sec. 724) Authorizes DOD to convert military medical and dental positions to civilian positions if the conversion: (1) would not result in a loss of a military-essential position, (2) would not result in degradation of medical care or the medical readiness of the Armed Forces, and (3) would be more cost effective.
(Sec. 725) Authorizes the secretary of a military department to realign the infrastructure of or modify the health care services provided by a military treatment facility if a realignment or modification would better: (1) ensure the delivery of safe, high quality health care services; (2) adapt the delivery of health care in a facility to rapid changes in private sector health care delivery models; or (3) maintain the medical force readiness skills and core competencies of health care providers in a facility.
(Sec. 726) Requires DOD to conduct a new competition of all medical support contracts with private sector entities under the TRICARE program, except the overseas medical support contract, upon expiration of each contract. Specifies requirements for the new contracts.
(Sec. 727) Authorizes DOD to enter into contracts to provide health care, including behavioral health care, to covered beneficiaries under the TRICARE Program with any of the following: (1) the VA; (2) an Indian tribe or tribal organization that is party to the Alaska Native Health Compact with the Indian Health Service; and (3) an Indian tribe or tribal organization that has entered into a contract with the Indian Health Service to provide health care in rural Alaska or other locations in the United States.
(Sec. 728) Requires DOD to implement programs to increase involvement of covered beneficiaries in making health care decisions and to encourage beneficiaries to share more responsibility for the improvement in their health outcomes through participation in medical and lifestyle intervention programs. Authorizes DOD to charge fees for missing scheduled appointments.
(Sec. 729) Requires DOD to establish regional centers of excellence for the provision of military specialty care to covered beneficiaries at existing DOD major medical centers. Authorizes DOD to establish satellite centers to provide specialty care for post- traumatic stress and traumatic brain injury.
(Sec. 730) Requires DOD to conduct a program to: (1) establish best practices for the delivery of health care services for certain diseases or conditions at military treatment facilities, (2) incorporate those best practices into the daily operations of military treatment facilities participating in the program, and (3) eliminate variability in health outcomes and improve the quality of health care services delivered at military treatment facilities.
(Sec. 731) Requires DOD to establish an advisory committee for each military medical treatment facility and requires the committee to include specified beneficiaries.
(Sec. 732) Requires DOD to implement a standardized medical appointment scheduling system at military treatment facilities throughout the military health system.
(Sec. 733) Requires military treatment facilities to display average wait times at each urgent care clinic, emergency department, and pharmacy.
(Sec. 734) Requires DOD to implement specified measures to improve and maintain the combat casualty care and trauma care skills for health care providers.
(Sec. 735) Requires DOD to implement and the GAO to assess specified measures to maintain the critical wartime medical readiness skills and core competencies of health care providers within the Armed Forces.
(Sec. 736) Requires DOD to establish military-civilian integrated health delivery systems through partnerships with other health systems, including local or regional health systems in the private sector and the Veterans Health Administration.
(Sec. 737) Requires DOD to enter into centrally-managed, performance-based contracts with private sector entities to augment the delivery of health care services at military treatment facilities that have a limited or restricted ability to provide health care services, such as primary care or expanded-hours urgent care.
(Sec. 738) Amends the requirement for DOD to implement a performance-based, strategic-sourcing contract for acquiring health care professional staffing services for the military health system to require all components of the military health system to use the contract. Requires DOD to develop a process for obtaining a waiver, based on documented rationale, to use another contract or acquisition approach.
(Sec. 739) Removes the annual requirement for managed care support contractors to generate and mail an enrollment renewal letter to all beneficiaries enrolled in TRICARE Prime.
Subtitle C--Reports and Other Matters
(Sec. 751) Requires DOD to conduct a pilot program to assess the feasibility and advisability of expanding the use of physician assistants specializing in psychiatric medicine at DOD medical facilities in order to meet the increasing demand for mental health care providers at such facilities through the use of a psychiatry fellowship program for physician assistants.
(Sec. 752) Requires DOD to implement a phased plan to eliminate DOD graduate medical education programs that do not directly support the operational medical force readiness requirements for health care providers within the Armed Forces or the medical readiness of the Armed Forces.
(Sec. 753) Authorizes the Uniformed Services University of the Health Sciences to grant certificates, certifications, and undergraduate degrees, in addition to advanced degrees.
(Sec. 754) Require DOD to enter into memoranda of agreement with local or regional institutions of higher education that offer degrees in allopathic or osteopathic medicine to establish affiliations between the institutions and military treatment facilities.
(Sec. 755) Extends the authority for the joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund.
(Sec. 756) Prohibits DOD and each service secretary from funding or conducting a medical research and development project unless the project would protect, enhance, or restore the health and safety of members of the Armed Forces.
(Sec. 757) Authorizes DOD to reimburse an entity carrying out a state vaccination program for the cost of providing vaccines to covered beneficiaries.
(Sec. 758) Requires DOD to reinstate the reimbursement rates in effect on March 1, 2016, for the provision of applied behavior analysis therapy and to preserve those rates throughout the duration of the Comprehensive Autism Care Demonstration Program.
(Sec. 759) Requires DOD to begin actions to integrate into certain surveys questions designed to obtain information on the experiences of servicewomen with family planning and counseling.
(Sec. 760) Requires DOD to assess the extent to which families of members of the reserve components of the Armed Forces serving on active duty pursuant to a call or order to active duty for a period of more than 30 days experience difficulties in transitioning to health care benefits provided under the TRICARE program.
(Sec. 761) Requires DOD to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for the treatment of post-traumatic stress.
(Sec. 762) Requires DOD to submit to Congress a plan to improve pediatric care and related services for children of members of the Armed Forces.
(Sec. 763) Requires the GAO to submit to Congress a report assessing various issues relating to the delivery of health care in the military health system, with an emphasis on identifying potential waste and inefficiency.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Acquisition Policy Management
(Sec. 801) Modifies requirements that apply to rapid acquisition authorities.
(Sec. 802) Allows Principal Military Deputies to serve in an acting capacity if there is a vacancy in the position of the Service Acquisition Executive.
(Sec. 803) Specifies that the Office of Cost Assessment and Program Evaluation (CAPE) prepares or approves independent cost estimates and cost analyses for major defense acquisition programs, major automated information system programs, and major subprograms. Prohibits DOD from approving the technology maturation and risk reduction, the engineering and manufacturing development, or the production and deployment of a major defense acquisition program, major automated information system program, or major subprogram unless an independent cost estimate of the full life-cycle cost of the program prepared or approved by Director of Cost Assessment and Program Evaluation has been considered.
(Sec. 804) Requires DOD to revise Department of Defense Instruction 5000.74 to: (1) provide guidance on how the acquisition community should consider the changing nature of the technology and professional services markets; (2) reflect a review of, and appropriate revisions to, the current categories of services acquisition; and (3) reflect a review of existing service contracts to reduce redundancy and duplication.
Requires DOD to issue new guidance to address the training and development of the acquisition workforce, particularly those involved in the acquisition of services.
(Sec. 805) Modifies congressional notification requirements for the exercise of waiver authority to acquire vital national security capabilities.
(Sec. 806) Repeals the temporary suspension of public-private competitions for the conversion of DOD function to performance by contractors.
Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations
(Sec. 811) Establishes an independent board chaired by the Chief Financial Officer of DOD to prescribe, amend, and rescind cost accounting standards as they affect DOD operations.
(Sec. 812) Establishes a $5,000 micro-purchase threshold for DOD activities.
(Sec. 813) Specifies the definition of competition and the role of the prime contractor in determining whether a subcontract meets the competitive or commercial test with respect to enhanced competition requirements.
(Sec. 814) Specifies the circumstances under which independent research and development costs are considered fair, reasonable, and allowable expenses for DOD contracts.
(Sec. 815) Exempts certain multiple-award task or delivery order contracts from the requirement to include cost or price to the federal government as an evaluation factor in the evaluation of proposals for all contracts.
(Sec. 816) Amends the restrictions on undefinitized contractual actions (UCAs) to: (1) require a written determination by senior officials to extend a UCA beyond 90 days, (2) require UCAs to be awarded on a fixed price level of effort basis, and (3) extend the 180 day definitization requirement to contracts in support of Foreign Military Sales cases.
(Sec. 817) Revises the definition of "non-traditional contractor" to address an entity which was intended to be interpreted as allowing specific business units within a corporation to be considered as a non-traditional contractor.
(Sec. 818) Codifies the authority for DOD to negotiate and administer comprehensive subcontracting plans for the purpose of reducing administrative burdens on contractors while enhancing opportunities provided under DOD contracts for small businesses.
(Sec. 819) Prohibits task and delivery protests if DOD has appointed an ombudsman to review complaints related to task order and delivery contracts.
(Sec. 820) Modifies data collections requirements that apply to the procurement of services.
(Sec. 821) Requires a large contractor filing a bid protest on a defense contract with the GAO to cover the cost of processing the protest if all of the elements in the protest are denied in a GAO opinion. Imposes a withhold on payments above incurred costs on any bridge or temporary contract to an incumbent contractor who submits a protest that results in the issuance of a bridge or temporary contract. Makes the distribution of the withheld payments dependent on the outcome of the protest.
(Sec. 822) Requires DOD to enter into a contract with an independent research entity to carry out a comprehensive study on the prevalence and impact of bid protests on DOD acquisition.
(Sec. 823) Specifies that the use of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements is considered to be the use of competitive procedures when procuring items that have been successfully tested and found to satisfy U.S. military requirements or to correct operational deficiencies.
(Sec. 824) Expands the scope of the defense acquisition challenge program to include alternatives to existing acquisition programs and specifies that the general solicitation competitive procedures used under the program are competitive procedures.
(Sec. 825) Specifies that it is DOD policy to avoid using lowest price technically acceptable source selection criteria in inappropriate circumstances that potentially deny DOD the benefits of cost and technical tradeoffs in the source selection process. Limits the use of lowest price technically acceptable source selection criteria to specified situations.
Requires DOD, to the maximum extent practicable, to avoid using lowest price technically acceptable source selection criteria when the procurement is predominately for the acquisition of information technology services, systems engineering and technical assistance services, audit or audit readiness services, or other knowledge-based professional services.
Requires DOD to report to Congress on the use of lowest-price technically acceptable source selection criteria.
(Sec. 826) Requires each military department and defense agency to pay a penalty for the use of cost-type contracts in certain cases.
(Sec. 827) Requires DOD to revise the Defense Federal Acquisition Regulation Supplement to establish a preference for fixed-price contracts, including fixed-price incentive fee contracts, in the determination of contract type and establish an approval mechanism for the use of cost type contracts over $5 million in value.
(Sec. 828) Requires DOD to prescribe regulations to require the use of firm fixed-price contracts for foreign military sales, subject to a waiver if DOD determines that a different type of contract is in the best interest of the taxpayers.
(Sec. 829) Establishes a preference for performance-based payments to contractors.
(Sec. 829A) Requires the Defense Acquisition University to develop and implement a training program for DOD acquisition personnel on share-in-savings contracts.
(Sec. 829B) Provides DOD with special emergency procurement authority for property or services that would facilitate defense against or recovery from a cyber, nuclear, biological, chemical, or radiological attack against the United States.
(Sec. 829C) Requires DOD to: (1) prohibit the use of reverse auctions and lowest priced technically acceptable contracting methods for the procurement of personal protective equipment where the level of quality needed or the failure of the item could result in combat casualties, and (2) establish a preference for best value contracting methods when procuring such equipment.
(Sec. 829D) Requires DOD to ensure that contract language does not specify a brand name in solicitations unless justification for the specification is provided and approved under specified provisions of current law.
(Sec. 829E) Sunsets and repeals various contracting limitations, requirements, and other provisions related to contracting.
(Sec. 829F) Establishes an award to recognize defense acquisition programs and acquisition professionals that make the best use of flexibilities and authorities granted in the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
(Sec. 829G) Limits contracting with the AbilityOne program and requires DOD to contract directly with qualified nonprofit agencies for the severely disabled until the DOD Inspector General certifies that specified requirements have been met.
(Sec. 829H) Limits the application of acquisition regulations required by Executive Order 13673 (Fair Pay and Safe Workplaces) to DOD contractors or subcontractors that have been suspended or debarred as a result of the federal labor law violations referenced in the Executive Order in effect on May 28, 2015.
(Sec. 829I) Authorizes DOD to close out contracts entered into prior to FY2000 without completing further reconciliation audits other than those specified in this section.
(Sec. 829J) Authorizes the Navy to close out contracts entered into between FY1974-FY1998 to design, construct, repair, or support the construction or repair of Navy submarines without completing further reconciliation audits other than those specified in this section.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
(Sec. 831) Repeals the separate acquisition process and requirements for major automated information systems.
(Sec. 832) Revises the definition of a major defense acquisition program to exclude fixed-price prototypes not planned as part of an existing major defense acquisition programs and those programs or projects developed under the rapid fielding or rapid prototyping acquisition pathway.
(Sec. 833) Requires the acquisition strategy for each major defense acquisition program to also consider a comprehensive sustainment strategy which includes all aspects of the total life cycle management of the weapon system, including product support, logistics, product support engineering, supply chain integration, maintenance, acquisition logistics, and all aspects of software sustainment.
(Sec. 834) Revises requirements for life cycle cost controls to:
Requires DOD to establish a commercial operational and support saving initiative to insert existing commercial items or technology into military legacy programs through rapid development and fielding of prototypes in order to improve readiness and reduce operations and support costs.
(Sec. 835) Modifies Milestone B (initiates engineering and manufacturing development) certification requirements to eliminate the need for waivers for programs that are executed at the beginning of the fiscal year but before the future years defense program (FYDP) has been submitted, and should receive Milestone B certification as long as there is funding in the current FYDP.
(Sec. 836) Removes the requirement for disclosure of confidence levels for baseline estimates of major defense acquisition programs. Specifies requirements for the disclosure of risk in cost estimates for major defense acquisition programs.
(Sec. 837) Expands the authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms for the purposes of acquisition reporting.
(Sec. 838) Includes first and second tier subcontracts awarded by DOD under major defense acquisition programs in DOD's overall count of small business goals.
(Sec. 839) Requires unit costs to be calculated in constant dollars with an economy-wide inflation index, such as the Gross Domestic Product Price Index.
(Sec. 840) Waives the requirement for an agency to notify Congress regarding a decision to acquire a higher quantity of an end item for tactical missiles and munitions annual procurements.
(Sec. 841) Authorizes DOD to conduct a multiyear contract, over a period of up to four years, for the purchase of units for multiple defense programs that are produced at common facilities at a high rate, and which maximize commonality, efficiencies, and quality, in order to provide maximum benefit to DOD.
(Sec. 842) Requires DOD to establish a pilot program to decrease the number of Key Performance Parameters on acquisition programs.
(Sec. 843) Requires DOD to implement modular open systems architecture in acquisition programs in specified mission areas.
(Sec. 844) Establishes specific cost growth thresholds and cost controls for the Air Force's B-21 bomber program. Requires the Air Force to submit quarterly program performance data to the GAO, and requires the GAO to assess the data. Requires specified funds to be transferred to the Rapid Prototyping Fund.
Subtitle D--Provisions Relating to Acquisition Workforce
(Sec. 851) Specifies the responsibilities of the Secretary of Defense; the Under Secretary of Defense for Acquisition, Technology, and Logistics; and the service acquisition executives for improving program and project management. Requires DOD to develop department-wide standards, policies and guidelines for program and project management.
(Sec. 852) Modifies the authority to waive tenure requirements for program managers for program definition and program execution periods.
(Sec. 853) Requires DOD to establish a set of activities that use data analysis, measurement, and other evaluation-related methods to improve the acquisition outcomes of DOD and enhance organizational learning.
(Sec. 854) Expands the purpose for which the Department of Defense Acquisition Workforce Development Fund may be used to include the development of acquisition tools and methodologies and the undertaking of research and development of activities that could lead to acquisition policies and practices that will improve the efficiency and effectiveness of defense acquisition efforts.
Subtitle E--Provision Related to Commercial Items
(Sec. 861) Requires the establishment of a list in the Defense Federal Acquisition Regulation Supplement of defense-unique statutes that are inapplicable to contracts for commercial items and commercially available off-the-shelf items.
(Sec. 862) Exempts DOD purchases of commercial off-the-shelf items from regulations to implement specified executive orders and presidential memoranda. Permits DOD to waive any of the regulations to implement the specified executive orders and presidential memoranda for the purchases of other items.
(Sec. 863) Requires DOD to use performance and commercial specifications and standards in lieu of military specifications and standards, including for procuring new systems, major modifications, upgrades to current systems, non-developmental and commercial items, and programs in all acquisition categories, unless no practical alternative exists to meet user needs.
(Sec. 864) Requires DOD to revise guidance related to the preference for commercial services to prohibit an agency from entering into a contract in excess of the simplified acquisition threshold for facilities-related services, knowledge-based services, equipment-related services, construction services, medical services, logistics management services, or transportation services that are not commercial services unless no commercial services are suitable to meet the agency's needs.
(Sec. 865) Treats items that are valued at less than $10,000 and purchased prior to the release of a prime contract request for proposal as commercial items.
(Sec. 866) Treats business units of nontraditional contractors that offer services as a commercial item, if the business unit uses the same personnel and similar pricing as offered to commercial customers.
(Sec. 867) Requires the Defense Supplement to the Federal Acquisition Regulation to include: (1) a requirement that firm fixed-priced contracts, fixed-price incentive contracts or fixed-price with economic price adjustment contracts be used to the maximum extent practicable for the acquisition of commercial items, and (2) a prohibition on the use of cost-type contracts for commercial items.
(Sec. 868) Permits DOD to carry out a commercial solutions opening pilot program, under which innovative commercial items may be acquired through a competitive selection of proposals resulting from a general solicitation and the peer review of the proposals.
Subtitle F--Industrial Base Matters
(Sec. 871) Requires DOD to develop a plan to reduce the barriers to the seamless integration between the persons and organizations that comprise the National Technical Industrial Base. Expands the definition of the National Technical Industrial Base to include the United Kingdom and Australia. (Under current law the term "National Technology and Industrial Base" means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States and Canada.)
(Sec. 872) Requires DOD, when meeting the national security strategy for the national technology and industrial base to engage in acquisition reform efforts that: (1) rely, to the maximum extent practicable, upon the commercial national technology and industrial base that is required to meet the national security needs of the United States; (2) reduce the reliance of DOD on technology and industrial base sectors that are economically dependent on DOD business; and (3) reduce federal government barriers to the use of commercial products, processes, and standards.
(Sec. 873) Authorizes DOD to make available storage and distribution services support to weapons system support contractors in support of the performance of a contract related to the production, modification, maintenance, or repair of a DOD weapons system.
(Sec. 874) Amends the Small Business Act to make permanent DOD's Small Business Innovation Research and Small Business Technology Transfer programs.
(Sec. 875) Modifies requirements for the distribution of assistance under procurement technical assistance cooperative agreements to conform the requirements for the Procurement Technical Assistance Program with the current practice of the Defense Logistics Agency of using states as the geographic basis for cooperative agreement awards.
(Sec. 876) Requires DOD to conduct a pilot program for nontraditional contractors and small business concerns to design, develop, and demonstrate innovative prototype military platforms of significant scope for the purpose of demonstrating new capabilities that could provide alternatives to existing acquisition programs and assets.
Subtitle G--International Contracting Matters
(Sec. 881) Requires DOD to: (1) develop a plan to improve the management and use of fees collected on transfer of defense articles under programs over which the Defense Security Cooperation Agency has administration responsibilities; and (2) establish a process for contractors to provide input, feedback, and adjudication of any differences regarding the appropriateness of governmental pricing and availability estimates.
(Sec. 882) Authorizes DOD to establish a working capital fund to finance inventories of supplies of precision guided munitions in advance of partner and allied forces requirements to enhance the effectiveness of overseas contingency operations conducted or supported by the United States.
(Sec. 883) Extends the authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
(Sec. 884) Codifies for DOD contracts the exemption included in the Federal Acquisition Regulation 19.000(b) that specifies that small business set-asides are not applied to overseas contracts.
(Sec. 885) Authorizes DOD to make a determination to limit competition or provide a preference for products and services produced in areas where the United States has long-term agreements with host nations in the African region.
(Sec. 886) Maintains the prohibition on procuring military items from China that meet the definition of goods and services controlled as munitions items when moved to the "600 series" of the Commerce Control List.
Subtitle H--Other Matters
(Sec. 891) Requires DOD to develop and initiate a program to improve contractor business systems.
(Sec. 892) Exempts audits for the National Nuclear Security Administration from the prohibition on the performance of non-defense audits by the Defense Contract Audit Agency.
(Sec. 893) Requires all DOD entities, with the exception of the Centers of Industrial and Technical Excellence, which conduct commercial and not inherently governmental work to establish cost baselines for their operations and begin to adopt best commercial and business management practices to reduce costs and improve performance.
(Sec. 894) Transfers the functions of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Director of Department of Defense Test Resource Management Center to the Director of Operational Test and Evaluation. Specifies that the Director of Operational Test and Evaluation is the principal advisor to the Secretary of Defense on developmental test and evaluation.
(Sec. 895) Exempts information technology equipment included as an integral part of a weapon system from certain requirements related to capital planning and investment control, unless the Milestone Decision Authority determines in writing that the application of the requirements is in the best interests of DOD.
(Sec. 896) Specifies that the use of a technical, merit-based selection procedure or the Small Business Innovation Research Program or Small Business Technology Transfer Program for the pilot program for streamlining awards for innovative technology projects is considered using competitive procedures. Requires DOD to establish procedures under which a small business or a nontraditional contractor may engage an independent certified public accountant for the review and certification of its accounting system for the purposes of any audits required by regulation.
(Sec. 897) Permits funds authorized for electromagnetic spectrum warfare systems and electronic warfare to be used for the development and fielding of electromagnetic spectrum warfare systems and electronic warfare capabilities. Includes electronic warfare programs in the rapid acquisition authority program.
(Sec. 898) Prohibits DOD from entering into a contract, grant, or cooperative agreement for congressional special interest medical research programs under the DOD congressionally directed medical research program unless there is sufficient transparency of cost accounting and other specified requirements are met.
(Sec. 899) Extends the enhanced transfer authority for technology developed at DOD laboratories.
(Sec. 899A) Authorizes the Army, Navy, and Air Force each to establish service-specific funds for acquisition programs under the rapid fielding and prototyping pathways.
(Sec. 899B) Extends and modifies the authorization for the Defense Modernization Account. Modifies provisions regarding the funds available for the account, transfers, authorized uses of the funds, and the availability of funds by appropriation.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
(Sec. 901) Establishes the position of the Under Secretary of Defense for Research and Engineering to serve as the chief acquisition officer and the chief technology officer of DOD and the principal adviser on scientific, technological and acquisition matters to the Secretary and to the Deputy Secretary of Defense.
Consolidates certain Assistant Secretary of Defense positions to establish a new position of Assistant Secretary of Defense for Acquisition Policy and Oversight. Eliminates specified Deputy Assistant Secretary of Defense positions.
(Sec. 902) Specifies that management experience with a large and complex organization is a qualification for individuals serving as secretaries of the military departments.
(Sec. 903) Establishes the position of the Assistant Secretary of Defense for Information as the Chief Information Officer to report to the Secretary and Deputy Secretary of Defense and be responsible for cyber and space policy, information network defense, policies and standards governing information technology systems and related information security activities of DOD and oversight of the Defense Information Systems Agency.
(Sec. 904) Reduces the maximum number of personnel permitted for the Office of the Secretary of Defense and other DOD headquarters offices.
(Sec. 905) Limits the funds available for staff augmentation contracts at the Office of the Secretary of Defense and the headquarters of the military departments.
(Sec. 906) Authorizes DOD to establish a delivery unit of personnel to be responsible for providing expertise and support throughout DOD for efforts relating to management reform and business transformation. Permits the unit to use public-private talent exchange authorities available to DOD.
Subtitle B--Combatant Command Matters
(Sec. 921) Specifies that the Chairman of the Joint Chiefs of Staff is responsible for ensuring that the President and the Secretary of Defense receive military advice on the comprehensive organization, training, equipping, and employment of the armed forces.
Requires the primary focus of the Chairman to be the development of the military elements of national security and defense strategy, assisting the President and the Secretary in the integration of military operations and activities worldwide, and advocating for military requirements of the present and future joint force of the United States.
Specifies that the role of the other members of the Joint Chiefs includes provide military advice to civilian leaders, including on the military elements of strategy. Strikes the requirement that the Joint Chiefs provide advice to civilian leaders ''upon request.''
Changes the terms of the Chairman and Vice Chairman of the Joint Chiefs of Staff from two year terms with eligibility for a two year renewal to single, staggered four-year terms, with the authority for a single two-year extension. Prohibits the Vice Chairman from being eligible to serve as the Chairman or any other position in the armed services.
Specifies that the primary duties of the combatant commanders (COCOMs) are to execute the national defense strategies in consultation with the Chairman of the Joint Chiefs of Staff, to prepare and plan for conflict, to take necessary actions to deter conflict, and if directed by the Secretary, to command U.S. armed forces in combat.
Creates a Combatant Commanders Council, consisting of all the COCOMs, the Chairman and Vice Chairman of the Joint Chiefs of Staff, and the Secretary of Defense to aid in the execution of defense strategy and the global integration of military activities across the regional and functional divisions of the COCOMs.
(Sec. 922) Authorizes the Secretary of Defense to delegate some authority to the Chairman of the Joint Chiefs of Staff for the worldwide reallocation of limited military assets on a short-term basis, consistent with the Secretary's policy guidance and the national defense strategy.
(Sec. 923) Modifies the roles and responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Commander of U.S. Special Operations Command.
(Sec. 924) Requires DOD to carry out a pilot program on organizing the subordinate commands of a unified combatant command in the form of joint task forces.
(Sec. 925) Requires at least one deputy commander of the combatant command of the geographic area of responsibility which includes the United States be a member of a reserve component of the Armed Forces, unless a reserve component officer is serving as commander of that combatant command.
Subtitle C--Organization and Management of Other Department of Defense Offices and Elements
(Sec. 941) Requires the Secretary of Defense to develop and implement an organizational strategy for DOD that meets specified requirements.
(Sec. 942) Requires the next Secretary of Defense to submit to a report on the management of DOD that includes:
(Sec. 943) Modifies the composition and mission of the Joint Requirements Oversight Council (JROC). Specifies that the service chief of the relevant military service is responsible for all service-specific requirements, and the JROC's validation is not required before commencing a service specific acquisition program, unless: (1) the Chairman of the Joint Chiefs of Staff decided that service-specific requirement should be a joint requirement and be subject to the oversight of the Oversight Council, or (2) the program for meeting the requirement would be a major defense acquisition program.
Requires the Chairman of the Joint Chiefs of Staff to determine whether a major defense acquisition program may meet joint requirements before that program or subprogram may receive Milestone A approval or otherwise be initiated prior to Milestone B.
Shifts the responsibility for making recommendations about military capabilities to meet applicable requirements from the JROC as a whole to the Vice Chairman alone.
(Sec. 944) Authorizes the National Guard to appoint, employ, administer, detail, and assign federal civilian employees to provide full- time support to the non-federalized National Guard. Specifies that that state adjutants general will continue to exercise their authority to hire, employ, and supervise the federal civilian employees providing full-time support to their state. Authorizes the National Guard to delegate to the adjutants general the authority to appoint, employ, and administer federal civilian employees within the states and territories with authority to conduct all personnel actions for employees except in the case of any appeal right or complaint filed by an employee appointed under this section.
(Sec. 945) Requires DOD to undertake actions to support a decision on whether: (1) to maintain a separate clandestine human intelligence collection capability within the Defense Intelligence Agency; or (2) consolidate clandestine human intelligence collection within the Directorate of Operations of the Central Intelligence Agency. Requires DOD to carry out a pilot program to assess the feasibility and advisability of establishing a military division within the Directorate of Operations of the Central Intelligence Agency.
(Sec. 946) Eliminates the Department of Defense Financial Management Modernization Executive Committee.
(Sec. 947) Reorganizes and redesignates the Office of Family Policy and the Office of Community Support for Military Families with Special Needs.
(Sec. 948) Establishes a pilot program to permit laboratory directors, as well as the director of the Defense Advanced Research Projects Agency to waive on a temporary basis DOD regulations, instructions, publications, policies, and procedures to improve operations and personnel management.
Subtitle D--Whistle-Blower Protections for Members of the Armed Forces
(Sec. 961) Expands the types of adverse personnel actions prohibited under the military whistle-blower protection program, to include retaliatory investigations and failures of superiors to respond to retaliatory actions in certain circumstances, as prohibited personnel actions that are reviewable.
Requires inspectors general to notify the secretary concerned if, during the IG's preliminary investigation, the IG determined there were reasonable grounds to believe that a prohibited personnel action occurred, and that the action would result in an immediate hardship to the servicemember. Authorizes the secretary concerned to take action, as appropriate, in such cases.
Requires an IG to provide periodic updates to whistle-blowers on the progress of investigations. Requires the DOD IG to prescribe uniform standards for the conduct of military whistle-blower investigations and for the training of staff conducting investigations.
(Sec. 962) Specifies that a secretary of a military department who receives an IG report substantiating that a prohibited personnel action occurred may consider whether to take corrective action, but may not make a determination that a prohibited personnel action did not occur.
(Sec. 963) Requires boards for correction of military records (BCMRs) to: (1) notify claimants of the specific information or documents needed to make their claim reviewable, (2) make reasonable efforts to obtain missing records when they cannot be obtained by a claimant, and (3) consider any request for reconsideration of a determination of a BCMR when new information is provided by a claimant, not previously considered.
Specifies that claimants may seek judicial review of BCMR decisions and requires BCMRs to publish final decisions with personally identifiable information redacted.
Requires DOD to develop and report to Congress on a comprehensive training curriculum for members of BCMRs.
(Sec. 964) Requires the GAO to review the integrity of the DOD whistle-blower program.
Subtitle E--Other Matters
(Sec. 971) Elevates oversight of recovery policy and operations for current conflicts from the Defense POW/MIA Accounting Agency (DPAA) to the Secretary of Defense, and specifies that the DPAA director retains authority to establish policy and execute recovery operations for missing persons from past conflicts. Specifies that DOD is required to account for missing persons only to the extent practicable upon discovery of remains of missing personnel.
(Sec. 972) Modifies the authority of DOD to appoint law enforcement personnel to protect the Pentagon reservation and DOD activities in the National Capital Region. Sets the rates of basic pay for law enforcement and security personnel whose permanent duty station is the Pentagon reservation.
(Sec. 973) Requires DOD to take actions to allow the Defense Security Service to conduct before October 1, 2017, all personnel background and security investigations adjudicated by the Consolidated Adjudication Facility of DOD.
Requires DOD and the Office of Personnel Management to develop and carry out a plan to transfer government investigative personnel and contracted resources to DOD in proportion to the background and security investigative workload to be assumed by DOD.
Requires DOD to: (1) ensure that insider threat programs collect, store, and retain information from specified data sources; (2) establish a personnel security program and take other appropriate actions to support the Innovation Initiative to better leverage commercial technology; and (3) issue an updated reciprocity directive that accounts for security policy changes associated with new position designation regulations, new continuous evaluation policies, and new federal investigative standards.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
(Sec. 1001) Permits DOD to make transfers between amounts authorized for FY2017 in division A of this bill, subject to specified limitations and a congressional notification requirement.
(Sec. 1002) Requires DOD to competitively procure as soon as practicable information technology services to improve preparation of auditable financial statements. Authorizes science and technology funding, prototypes, and test and evaluation resources to be used for this purpose.
(Sec. 1003) Expresses the sense of the Senate that the statutory budget caps imposed by the Budget Control Act of 2011 remain an unreasonable and inadequate budgeting tool to address the nation's fiscal challenges.
Subtitle B--Counter-Drug Activities
(Sec. 1006) Codifies and modifies the authority of DOD to provide support for counter-drug activities and activities to counter transnational organized crime of civilian law enforcement agencies
(Sec. 1007) Extends the authority to support the unified counterdrug and counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
(Sec. 1011) Prohibits funds from being used to retire, prepare to retire, or inactivate a Ticonderoga-class cruiser, Whidbey Island-class dock landing ship, or Harpers Ferry-class dock landing ship, unless specified requirements are met.
(Sec. 1012) Prohibits funds from being used to retire, prepare to retire, transfer, or place in storage any Avenger-class mine countermeasures ship, MH-53 Sea Dragon helicopter, or associated equipment, or to make any reductions to the manning levels of any Avenger-class mine countermeasures ship or Sea Dragon squadron or detachment. Permits the Navy to waive this prohibition by submitting a required certification to Congress.
(Sec. 1021) Extends through 2017 the prohibition on the use of DOD funds to transfer or release individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, (Guantanamo) to the United States.
(Sec. 1022) Extends through 2017, the prohibition on the use of DOD funds to construct or modify facilities in the United States to house detainees transferred from Guantanamo.
(Sec. 1023) Authorizes DOD to use funds for designing and planning related to the construction or modification of facilities in the United States to house individuals detained at Guantanamo.
(Sec. 1024) Authorizes the temporary transfer of individuals detained at Guantanamo to the United States for necessary medical treatment that is not available at Guantanamo.
(Sec. 1025) Provides U.S. District Court judges with jurisdiction to use video teleconferencing to arraign, accept a plea to a charge from, and enter a judgment of conviction and sentencing against individuals held at Guantanamo. Authorizes the Department of Justice to transfer detainees to third countries to serve their sentences.
(Sec. 1026) Extends through 2017 the prohibition on the use of DOD funds to transfer or release individuals detained at Guantanamo to Libya, Somalia, Syria, or Yemen.
(Sec. 1027) Specifies that certifications provided by DOD for the transfer of Guantanamo detainees to foreign countries must include a requirement that the United States and the government of the foreign government of transfer have entered into a written memorandum of understanding regarding the transfer of the individual and the memorandum of understanding has been provided to Congress.
(Sec. 1028) Requires DOD, prior to transferring any individual detained at Guantanamo to any foreign government or entity, to submit to Congress a report on the individuals' previous terrorist activities, memberships in, affiliations, or associations with terrorist organizations, and a description of the individuals' support or participation in attacks against the United States or U.S. allies.
(Sec. 1029) Prohibits the use of funds to transfer any individual held at Guantanamo to a foreign country that is the subject of a State Department travel warning with certain exceptions.
(Sec. 1030) Extends through 2017 the prohibition on the use of DOD funds for the closure or abandonment of Guantanamo, the relinquishment of control of Guantanamo to Cuba, or the implementation of a material modification to the Treaty Between the United States of America and Cuba that constructively closes Guantanamo.
Subtitle E--Assured Access to Space
(Sec. 1036) Prohibits DOD from: (1) launching any national security satellite with a launch vehicle requiring a rocket engine designed or manufactured in Russia, or (2) certifying any entity to bid for the award or renewal of a contract for the procurement of property or services for space launch activities for the Evolved Expendable Launch Vehicle (EELV) program if that entity would use a rocket engine designed or manufactured in Russia.
(Sec. 1037) Requires that assured access to space be achieved without the use of rocket engines designed or manufactured in Russia.
(Sec. 1038) Repeals provisions that permit the use of rocket engines from Russia for the EELV program.
Subtitle F--Miscellaneous Authorities and Limitations
(Sec. 1041) Require the secretaries of the military departments, at the direction of the Secretary of Defense, to assign forces under the jurisdiction of the secretaries concerned to the combatant commands to perform missions assigned to the combatant commands. Specifies that forces that are not assigned will remain under the control of the respective military department secretaries for purposes of carrying out specified responsibilities under current law, including organizing, training, and mobilizing of all U.S. military forces.
(Sec. 1042) Requires DOD to commission a quadrennial independent review of U.S. policy in the Indo-Asia-Pacific region.
(Sec. 1043) Requires DOD to submit to Congress a report assessing the future security requirements for one or more strategic ports in the Arctic.
(Sec. 1044) Modifies congressional notification requirements for sensitive military operations.
(Sec. 1045) Requires the Secretary of Defense and Chairman of the Joint Chiefs of Staff to: (1) oversee the modeling of an alternative Army design and operational concept for the Reconnaissance Strike Group, and (2) submit to Congress a report that explicitly addresses the value of a follow-on pilot program to test further any promising alternative force designs and concept of operation.
(Sec. 1046) Requires the Air Force, no later than September 30, 2019, to fully transition to an organizational model for all Air Force remotely piloted aircraft that uses enlisted personnel as operators rather than officers.
(Sec. 1047) Prohibits the use of funds to: (1) retire, prepare to retire, transfer or place in storage any aircraft in Marine Corps Search and Rescue Units (SRU); or (2) reduce the manning levels with respect to any SRU.
(Sec. 1048) Delays from January 1, 2017, to October 1, 2017, the implementation date for the conversion of certain military technician (dual status) positions to civilian positions. Specifies that the positions to be converted will be reviewed and determined by leadership from the Army Reserve, the Air Force Reserve, the National Guard Bureau, and the State Adjutants General.
(Sec. 1049) Directs the Secretary of Defense and the Under Secretary of Defense for Intelligence to ensure that the Associate Director of the Central Intelligence Agency for Military Affairs has access to, and support from, offices, agencies, and programs of the department necessary to achieve its intended function.
(Sec. 1050) Authorizes DOD and the Department of State to enter into an agreement allowing each department to provide support, supplies, and services on a reimbursement basis, or by exchange of support, supplies, and services, to the other department during a contingency operation and related transition period.
(Sec. 1051) Specifies requirements for information sharing and the coordination of military training between DOD and the Department of Homeland Security.
(Sec. 1052) Limits the provision of defense sensitive support to non-DOD departments and agencies until DOD determines and notifies Congress that: (1) the support does not interfere with the mission and functions of DOD; or (2) is in the U.S. national security interest if it does interfere.
(Sec. 1053) Modifies the authority to transfer DOD property for law enforcement activities with respect to the determination of eligible defense items and notification requirements.
(Sec. 1054) Authorizes DOD to exempt certain information related to military tactics, techniques, and procedures from public disclosure under the Freedom of Information Act.
(Sec. 1055) Authorizes DOD to designate information as being DOD critical infrastructure security information to ensure that the information is not disseminated without authorization. Requires certain critical infrastructure security information that is provided to a state or local government to remain under the control of DOD. Specifies that a state or local law authorizing or requiring a state or local government to disclose the information does not apply to such information, and any request for disclosure must be provided to DOD to determine whether to exempt the information from disclosure.
(Sec. 1056) Authorizes the Army to acquire from any person any excess rifle, ammunition, repair parts, or other supplies which were provided to any country on a grant basis and transfer the items to certain individuals.
(Sec. 1057) Expresses the sense of the Senate on the definition of and need for continued prioritization, development, and fielding of fifth-generation airborne capabilities.
(Sec. 1058) Makes technical and clerical corrections to the National Defense Authorization Act for Fiscal Year 2016.
Subtitle G--National Commission on Military, National, and Public Service
(Sec. 1066) Specifies that the purpose of this title is to establish a National Commission on Military, National, and Public Service to: (1) review the military selective service process (commonly referred to as "the draft"); and (2) consider methods to increase participation in military, national, and public service in order to address national security and other public service needs of the nation. Specifies requirements for the scope of the review.
(Sec. 1067) Establishes the National Commission on Military, National, and Public Service as an independent commission. Specifies requirements and procedures for the appointment of members, composition of the commission, pay rates for members and staff, and other authorities related to the operations of the commission.
(Sec. 1068) Requires the commission to conduct public hearings (except classified hearings) on recommendations under consideration.
(Sec. 1069) Requires the President to establish and transmit to the commission and Congress principles for reform of the military selective service process. Requires certain cabinet officials and other officials or experts to transmit to the commission and Congress recommendations for the reform of the military selective service process, and military, national, and public service in connection with that process.
Requires the commission to submit to Congress and the President a report containing the findings, conclusions, and recommendations of the commission, including legislative language and recommendations for administrative action to implement the recommendations of the Commission.
(Sec. 1070) Authorizes the commission to appoint, and fix the rate of pay of, an Executive Director and staff. Limits detailees from the Executive Branch and performance reviews for staff of the commission.
(Sec. 1071) Precludes the actions of the President, cabinet officials and other individuals required to provide recommendations under this subtitle, and the commission from judicial review of their actions taken under this subtitle.
(Sec. 1072) Requires the commission to be terminated no later than 36 months after the establishment date.
(Sec. 1073) Authorizes specified DOD appropriations to be used for the commission.
Subtitle H--Studies and Reports
(Sec. 1076) Requires the military service chiefs and the commanders of the individual functional and geographic combatant commands to submit to Congress a list, in priority order, of the unfunded requirements for each individual service branch or combatant command.
(Sec. 1077) Requires DOD to oversee and report to Congress on an assessment of the joint ground forces of the Armed Forces.
(Sec. 1078) Requires DOD to submit to Congress an assessment from an independent organization of the adequacy and sufficiency of the force structure of the Armed Forces to meet future threats to the United States.
(Sec. 1079) Requires DOD to submit to Congress an annual report on the observation flights over the United States under the Open Skies Treaty during the previous year.
(Sec. 1080) Requires DOD to provide certain reports and notifications to Congress regarding programs that DOD manages under alternative compensatory control measures.
(Sec. 1081) Adds the Senate and House Armed Services Committees to a reporting requirement regarding expenditures of certain funds by the Defense Intelligence Agency without regard to the provisions of law or regulation relating to the expenditure of U.S. Government funds.
(Sec. 1082) Repeals several DOD reporting requirements included in an annual National Defense Authorization Act and other laws.
(Sec. 1083) Repeals several DOD reporting requirements included in an annual National Defense Authorization Act.
(Sec. 1084) Repeals the requirement for DOD to develop and execute an efficiencies plan for the civilian personnel workforce and the service contractor workforce.
Subtitle I--Other Matters
(Sec. 1086) Disestablishes the F-35 Joint Program Office and devolves relevant responsibilities to the Air Force and the Navy. Requires the Air Force and the Navy to establish: (1) separate program offices to manage the production, sustainment, and modernization of their respective aircraft; and (2) processes to coordinate on issues where commonality exists.
(Sec. 1087) Requires DOD to treat the F-35 Follow-on Modernization program as a separate Major Defense Acquisition Program.
(Sec. 1088) Reduces from 10 to 9 the number of Navy carrier air wing and carrier air wing headquarters that are required to be maintained.
(Sec. 1089) Limits the size of the National Security Council (NSC) professional staff to no more than 150 individuals including detailees and assignees from other agencies and contractors. Modifies other requirements for the NSC.
(Sec. 1090) Requires the annual national security strategy report to be transmitted in classified form and permits the report to include an unclassified summary.
(Sec. 1091) Requires DHS to develop metrics to measure the effectiveness of security at ports of entry, between ports of entry, and in the maritime environment.
(Sec. 1092) Requires all marketing functions of the Regular Army, Army Reserve, and Army National Guard to be consolidated within the Army Marketing Research Group.
(Sec. 1093) Prohibits a person from using specified Naval Special Warfare insignia in connection with any promotion, service or other commercial activity when a particular use would be likely to suggest a false affiliation, connection, or association with, endorsement by, or approval of, the United States, DOD, or the Navy. Authorizes the Department of Justice to initiate civil proceedings to prevent unauthorized use of the insignia.
(Sec. 1094) Requires DOD to conduct a program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier.
(Sec. 1095) Expresses the sense of the Congress regarding the basing of KC-46A tanker aircraft outside of the continental United States.
(Sec. 1096) Requires DOD to provide Congress with an annual national defense strategy to replace the Quadrennial Defense Review required under current law. Requires the strategy to address:
The Secretary of Defense must seek the military advice of the Chairman of the Joint Chiefs of Staff in preparing each defense strategy required by this subsection.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Department of Defense Matters Generally
(Sec. 1101) Removes restrictions on managing civilian personnel within DOD on the basis of man years, end strength, full-time equivalent positions, or maximum number of employees. Requires annual reports to Congress regarding the management of the DOD civilian workforce.
(Sec. 1102) Repeals the requirement for DOD to submit a biennial strategic workforce plan.
(Sec. 1103) Authorizes DOD to make: (1) a temporary appointment or a term appointment when the need for the services of an employee in DOD is not permanent, and (2) make a noncompetitive temporary appointment or a noncompetitive term appointment in DOD to address critical hiring needs.
(Sec. 1104) Changes the Civilian Acquisition Workforce Personnel Demonstration Project from an indefinite project to a permanent system to provide DOD with the permanent authority to establish and adjust a special system of personnel authorities for the civilian acquisition workforce and supporting personnel assigned to work directly with that workforce.
(Sec. 1105) Provides each secretary of a military department with the direct hire authority for a limited number of financial management experts.
(Sec. 1106) Authorizes DOD to recruit and appoint a limited number of qualified recent graduates and current post-secondary students to positions within DOD.
(Sec. 1107) Authorizes DOD, with the agreement of a private-sector organization and the consent of the employee, to arrange for the temporary assignment of a DOD employee to the private-sector organization, or from the private-sector organization to a DOD organization.
(Sec. 1108) Requires training for DOD employment and human resources personnel on special recruitment, hiring, special pays, and retention authorities for positions at the U.S. Cyber Command.
(Sec. 1109) Increases the maximum amount of separation pay authorized for Voluntary Separation Incentive Pay from the current ceiling of $25,000 to $40,000 for DOD civilian employees.
(Sec. 1110) Repeals the authority for DOD to waive the restriction on the appointment of retired members of the armed forces to positions in the civil service in DOD within 180 days of their retirement based on a state of national emergency.
(Sec. 1111) Creates a pilot program on career sabbaticals for DOD civilian employees.
(Sec. 1112) Limits the number of employees at the DOD who are in the Senior Executive Service.
(Sec. 1113) Specifies that there is no time limitation on a relocating spouse's eligibility for noncompetitive appointment from the date of the service member's permanent change of station orders to the spouses' permanent appointment per duty station,
Subtitle B--Department of Defense Science and Technology Laboratories and Related Matters
(Sec. 1121) Makes permanent the alternative personnel management authority for experts in science and engineering.
(Sec. 1122) Permanently extends and modifies the authority for DOD science and technology laboratories to hire students enrolled in scientific and engineering programs. Permits the laboratories to hire a greater number of students using the direct hire authority.
(Sec. 1123) Provides DOD with direct hire authority for a limited number of scientific and engineering positions for test and evaluation facilities of the Major Range and Test Facility Base.
(Sec. 1124) Makes permanent the authority for the temporary exchange of information technology personnel between DOD and the private sector.
(Sec. 1125) Establishes a pilot program to provide enhanced pay authorities to assist the military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high cost research and technology development efforts in DOD science and technology reinvention laboratories.
(Sec. 1126) Requires DOD authorities for conducting certain personnel demonstration projects for defense laboratories to be discharged through the Under Secretary of Research and Engineering and requires the emphasis in exercising the authorities to be placed on enhancing efficient operations of the laboratory.
Subtitle C--Government-Wide Matters
(Sec. 1131) Expands the personnel flexibilities available to land management agencies to include all agencies government-wide, including the Department of Defense.
(Sec. 1132) Directs the OPM to permit certain agencies to use direct-hire authority for permanent or non-permanent positions in the competitive services for prevailing rate employees, if there is either a severe shortage of candidates or a critical hiring need for the positions.
(Sec. 1133) Authorizes agencies to appoint an individual to a prevailing rate position at a rate of basic pay above the minimum rate of the appropriate grade in cases where there is an unusually large shortage of qualified candidates for employment, unique qualifications of a candidate of employment, or a special need of the government for the services of a candidate for employment.
(Sec. 1134) Limits the application of points for preference eligible hiring to the first appointment of a preference eligible candidate in a permanent position in the competitive service.
(Sec. 1135) Authorizes the use of advance payment of basic pay for current employees who relocate within the United States and its territories to a location outside the employee's current commuting area. Limits the advance payment to two pay periods.
(Sec. 1136) Allows overtime pay for nonexempt federal civilian employees assigned to temporary duty travel in a foreign area.
(Sec. 1137) Extends through 2017 the authority of heads of executive agencies to waive the limitation on the aggregate of basic and premium pay of federal civilian employees working overseas in support of a military operation or an operation in response to a declared emergency.
Subtitle D--Other Matters
(Sec. 1151) Modifies the flat rate per diem requirements for DOD military and civilian personnel on long-term temporary duty assignments.
(Sec. 1152) Extends for one year the discretionary authority of the head of a federal agency to provide allowances, benefits, and gratuities comparable to those provided to members of the Foreign Service to an agency's civilian employees on official duty in a combat zone.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
(Sec. 1201) Extends through FY2019 the Commanders' Emergency Response Program in Afghanistan. Expands the authorization to make certain payments to redress injury and loss in Iraq to include Afghanistan and Syria.
(Sec. 1202) Increases the amounts available for the Special Defense Acquisition Fund. Requires DOD to submit to Congress plan for using the increased amounts, an annual spending plan, and quarterly updates on certain transactions associated with the fund.
(Sec. 1203) Codifies the authority for DOD to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing military operations by U.S. special operations forces to combat terrorism. Increases the annual cap on the authority and limits the amount available to support any particular military operation under the authority.
(Sec. 1204) Prohibits DOD from using funds 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 United States and Cuba until DOD submits specified assurances to Congress. Includes an exception for any joint or multilateral exercise or operation related to humanitarian assistance or disaster response.
Subtitle B--Matters Relating to Afghanistan and Pakistan
(Sec. 1211) Extends through December 31, 2017: (1) the authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan, and (2) the exemption for excess defense articles (EDA) transferred from DOD stocks in Afghanistan from the annual limitation on the aggregate value of EDA transferred under the Foreign Assistance Act of 1961.
(Sec. 1212) Modifies the authority to reimburse certain coalition nations for support, including requirements regarding the military operations covered, limitations on the amounts available, and the treatment of 2016 unobligated balances.
(Sec. 1213) Prohibits DOD from using funds for a construction or other infrastructure project in Afghanistan that cannot be safely accessed by U.S. government personnel. Permits waivers for specified programs and projects.
(Sec. 1214) Authorizes DOD to use specified funds to reimburse Pakistan for certain activities that enhance the security situation in the northwest regions of Pakistan and along the Afghanistan-Pakistan border. Makes a portion of the funds contingent upon a certification from DOD that Pakistan is taking demonstrable steps against the Haqqani Network in Pakistan.
(Sec. 1215) Requires the Lead Inspector General for Operation Freedom's Sentinel to submit a report on the oversight activities of U.S. Inspectors General in Afghanistan planned for FY2017.
Subtitle C--Matters Relating to Syria and Iraq
(Sec. 1221) Extends and modifies the authority for DOD to provide assistance to the vetted elements of the Syrian opposition. Strikes the prior approval reprogramming requirement and replaces it with a notification requirement before carrying out new initiatives.
(Sec. 1222) Extends the authority to provide assistance to military and other security forces of or associated with the government of Iraq, including Kurdish and tribal security forces, with a national mission, to counter the Islamic State in Iraq and the Levant (ISIL).
Extends the requirement for an assessment of the extent to which the government of Iraq is increasing political inclusiveness, addressing the grievances of ethnic and sectarian minorities, and enhancing minority integration in the political and military structures in Iraq.
(Sec. 1223) Extends the authority to support operations and activities of the Office of Security Cooperation in Iraq.
Subtitle D--Matters Relating to Iran
(Sec. 1226) Modifies the requirements for the annual report on the military power of Iran.
Subtitle E--Matters Relating to the Russian Federation
(Sec. 1231) Extends through FY2019 the authority for DOD to provide security assistance and intelligence support to military and other security forces of the government of Ukraine and authorizes appropriations for this purpose. Prohibits the obligation or expenditure of half of the funds authorized to be appropriated in FY2017 under this authority until DOD certifies that Ukraine has taken substantial action to make defense institutional reforms and outlines areas where additional action is needed.
(Sec. 1232) Extends through FY2018 the authority for DOD to provide multilateral or regional training, and pay the incremental expenses of participating in such training, for countries in Eastern Europe that are a signatory to the Partnership for Peace Framework Documents but not a member of the North Atlantic Treaty Organization (NATO) or became a NATO member after January 1, 1999. Authorizes specified funds for the European Reassurance Initiative to be used for this purpose.
(Sec. 1233) Adds additional requirements for the annual report on Russian military and security developments, including an assessment of Russian operations in Ukraine and an analysis of the nuclear strategy and associated doctrine of Russia.
(Sec. 1234) Expresses the sense of the Senate on European investment in security and stability. Requires DOD to submit to Congress an accounting of European investment in security capabilities.
(Sec. 1235) Expresses the sense of the Senate regarding the European Deterrence Initiative.
Subtitle F--Matters Relating to Asia-Pacific Region
(Sec. 1241) Requires DOD to submit to Congress annually a report including an update of the most current DOD Freedom of Navigation Report under the Freedom of Navigation Operations program. Requires the report to document the types and locations of excessive claims that the Armed Forces have challenged in the previous year in order to preserve the rights, freedoms, and uses of the sea and airspace guaranteed to all countries by international law.
(Sec. 1242) Includes the Philippines as an "allied country" for the purpose of DOD's authority to enter into cooperative military airlift agreements with allied countries.
(Sec. 1243) Requires DOD to carry out a program of exchanges of senior military officers and officials between the United States and Taiwan to improve military to military relations.
(Sec. 1244) Expresses the sense of the Senate that the United States should strengthen and enhance its long-standing partnership and strategic cooperation with Taiwan, with the objective of reinforcing its commitment to the Taiwan Relations Act and the ''Six Assurances.''
(Sec. 1245) Expresses the sense of the Senate that: (1) it would further U.S. national security interests if the prohibition on the sale of lethal military equipment to Vietnam were removed, (2) future sales should be monitored, and (3) the United States should continue to expand the military-to-military relationship with the government of Vietnam.
(Sec. 1246) Redesignates the "South China Sea Initiative" as the" Southeast Asia Maritime Security Initiative."
Subtitle G--Reform of Department of Defense Security Cooperation
(Sec. 1251) Expresses the sense of Congress regarding DOD security cooperation programs and activities, as well as the broader security sector assistance activities of the U.S. government.
(Sec. 1252) Creates a new chapter of the U.S. Code on security cooperation, and transfers, modifies, and codifies security cooperation related provisions from elsewhere in the U.S. Code and public law to this new chapter.
Repeals several ''train and equip'' authorities and replaces the authorities with a provision that includes all of DOD's existing "train and equip" authorities.
Transfers to the new chapter on security cooperation the authority of DOD to administer the Regional Centers for Security Studies. Reduces the number of regional centers and provides DOD with increased flexibility in assigning the areas of focus for the centers.
(Sec. 1253) Combines existing security cooperation authorities permitting the exchange of military and defense personnel with allies of the United States and other friendly foreign countries.
(Sec. 1254) Consolidates and modifies similar authorities permitting the payment of personnel expenses of allied or partner countries during theater security cooperation activities.
(Sec. 1255) Combines and modifies similar authorities for the payment of expenses in connection with training exercises with the military forces or other security forces of a friendly foreign country
(Sec. 1256) Consolidates and modifies authorities relating to the provision of operational support to partners and allies in combined operations with U.S. Armed Forces or in military operations that support U.S. national security interests.
(Sec. 1257) Codifies and makes permanent the Department of Defense State Partnership Program.
(Sec. 1258) Transfers to the new U.S. Code chapter on security cooperation the regional combating terrorism fellowship program. Modifies the program to authorize DOD to carry out a program under which DOD may pay costs associated with the education and training of national-level security officials of friendly foreign nations.
(Sec. 1259) Consolidates international engagement authorities for the service academies of the Army, Navy, and Air Force.
(Sec. 1260) Creates a central fund for DOD security cooperation programs and activities, known as the Security Cooperation Enhancement Fund. Requires DOD to: (1) transfer all unobligated balances from the Afghanistan Security Forces Fund, the Iraq Train and Equip Fund, the Southeast Asia Maritime Security Initiative, and any account or fund of the Department of Defense for security cooperation programs and activities into the new fund; and (2) transition the execution of all security programs and activities to the authorities contained in the new security cooperation.
(Sec. 1261) Consolidates and standardize DOD's reporting on security cooperation authorities and programs in an annual report.
(Sec. 1262) Requires the President to submit a consolidated annual budget for DOD security programs and activities.
(Sec. 1263) Requires DOD to create a security cooperation workforce program to oversee the development and management of a professional workforce supporting DOD security cooperation programs and activities.
(Sec. 1264) Requires DOD and the Department of State to establish regulations to facilitate and streamline coordination between the departments on all matters relating to the policy, planning, and implementation of covered security cooperation and security assistance programs and activities.
(Sec. 1265) Repeals superseded, obsolete, or duplicate statutes relating to security cooperation authorities.
Subtitle H--Miscellaneous Reports and Other Matters
(Sec. 1271) Amends the African Growth and Opportunity Act to require the President to develop a plan for negotiating and entering into one or more free trade agreements with certain sub-Saharan African countries.
(Sec. 1272) Extends and modifies the authority to provide assistance to the governments of Tunisia and Egypt to support efforts to enhance security along borders with Libya.
(Sec. 1273) Increases the annual limitation of the authority for DOD to carry out research, development, test, and evaluation, on a joint basis with Israel to establish anti-tunnel defense capabilities to detect, map, and neutralize underground tunnels. Specifies requirements related to matching contributions by Israel and the use of certain funds for research, development, test, and evaluation activities in the United States.
(Sec. 1274) Extends the authority of DOD to develop, manage, and execute a Non-Conventional Assisted Recovery personnel recovery program for isolated DOD, U.S. government, and other designated personnel supporting U.S. national interests worldwide.
(Sec. 1275) Requires an independent assessment directed by the Chairman of the Joint Chiefs of Staff to report on the impact of the proliferation of remotely piloted aircraft on U.S. national security interests.
(Sec. 1276) Requires DOD to implement policies and procedures to ensure that personnel of the Armed Forces, including uniformed personnel and civilians engaged in partnership with foreign nations, receive education and training on human slavery and the appropriate role of the U.S. Armed Forces in combatting trafficking in persons. Authorizes grants to support transformational programs and projects that seek to achieve a measurable and substantial reduction of the prevalence of modern slavery in targeted populations within partner countries.
TITLE XIII--COOPERATIVE THREAT REDUCTION
(Sec. 1301) Specifies the Cooperative Threat Reduction (CTR) programs and authorizations of appropriations included in this bill and authorizes CTR funds to be obligated for FY2017-FY2019.
(Sec. 1302) Allocates authorizations of appropriations of funds for the CTR program in FY2017.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
(Sec. 1401) Authorizes appropriations for Working Capital Funds at the levels identified in section 4501.
(Sec. 1402) Authorizes appropriations for Chemical Agents and Munitions Destruction--Defense at the levels identified in section 4501.
(Sec. 1403) Authorizes appropriations for Drug Interdiction and Counter-Drug Activities--Defense-Wide at the levels identified in section 4501.
(Sec. 1404) Authorizes appropriations for the Office of the Inspector General of DOD at the levels identified in section 4501.
(Sec. 1405) Authorizes appropriations for the Defense Health Program at the levels identified in section 4501.
(Sec. 1406) Authorizes appropriations for the Security Cooperation Enhancement Fund at the levels identified in section 4501.
Subtitle B--National Defense Stockpile
(Sec. 1411) Amends the Strategic and Critical Materials Stock Piling Act to: (1) authorize the National Defense Stockpile (NDS) to recover, acquire, recycle, and manage the disposal of excess and recyclable strategic and critical materials containing rare earth elements (REE) from other federal agencies, including DOD; and (2) authorizes the NDS Manager to fund the qualification of domestically-produced strategic materials and REE to meet the requirements of defense and essential civilian industries in times of national emergency.
(Sec. 1412) Requires the NDS Manager to dispose of excess materials in order to acquire seven specified new materials and rare earth elements that have been identified by DOD as essential to meet military requirements.
Subtitle C--Chemical Demilitarization Matters
(Sec. 1421) Authorizes DOD to destroy specified U.S-origin chemical munitions located on San Jose Island, Republic of Panama.
Subtitle D--Other Matters
(Sec. 1431) Authorizes DOD to transfer funds from the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the Captain James A. Lovell Health Care Center.
(Sec. 1432) Authorizes appropriations for the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
(Sec. 1501) Specifies that the purpose of this title is to authorize FY2017 appropriations for overseas contingency operations being carried out by the Armed Forces.
(Sec. 1502) Designates authorizations of appropriations in this title as overseas contingency operations funding.
(Sec. 1503) Authorizes additional appropriations for Procurement at the levels identified in section 4102.
(Sec. 1504) Authorizes additional appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4202.
(Sec. 1505) Authorizes additional appropriations for Operation and Maintenance at the levels identified in section 4302.
(Sec. 1506) Authorizes additional appropriations for Military Personnel at the levels identified in section 4402.
(Sec. 1507) Authorizes additional appropriations for Defense Working Capital Funds at the levels identified in section 4502.
(Sec. 1508) Authorizes additional appropriations for Drug Interdiction and Counter-Drug Activities-- Defense-Wide at the levels identified in section 4502.
(Sec. 1509) Authorizes additional appropriations for the Office of the Inspector General at the levels identified in section 4502.
(Sec. 1510) Authorizes additional appropriations for the Defense Health Program at the levels identified in section 4502.
(Sec. 1511) Authorizes additional appropriations for the Security Cooperation Enhancement Fund at the levels identified in section 4502.
Subtitle B--Financial Matters
(Sec. 1521) Specifies that appropriations authorized by this title are in addition to amounts otherwise authorized to be appropriated by this bill.
(Sec. 1522) Authorizes the transfer of up to $3.5 billion of the FY2017 authorizations included in this title among other FY2017 authorizations, subject to the requirements and restrictions included in section 1001 of this bill.
Subtitle C--Limitations, Reports, and Other Matters
(Sec. 1531) Authorizes the Joint Improvised Explosive Device Defeat Fund, which provides DOD with the authority to investigate, develop and provide equipment, supplies, services, training, facilities, personnel, and funds to assist in the defeat of improvised explosive devices for operations in Afghanistan, Iraq, Syria, and other operations or military missions designated by DOD.
(Sec. 1532) Extends and modifies the authority for the Counterterrorism Partnerships Fund.
(Sec. 1533) Continues the existing limitation and restrictions on the use of funds in the Afghanistan Security Forces Fund. Extends the authority to accept certain equipment procured using the funds and to treat the equipment as DOD stocks. Continues the goal of using specified funds to support the efforts of the government of Afghanistan to recruit, train and integrate women into the Afghan National Security Forces and the requirement for a report on the plan to promote the security of Afghan women.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
(Sec. 1601) Prohibits funds from being used for the pilot program for the acquisition of commercial satellite communication services until DOD submits to Congress a plan to demonstrate that the program will achieve order-of-magnitude improvements in satellite communications capability.
(Sec. 1602) Requires the Air Force to develop a plan to use allied launch vehicles to meet assured access to space requirements, in the event that the requirements cannot be met, for a limited period of time, using only U.S launch vehicles. Prohibits the use of launch vehicles from Russia, China, Iran, and North Korea.
(Sec. 1603) Requires the Commander of the U.S. Strategic Command to submit to Congress a DOD strategy for the availability, use, and protection of electromagnetic spectrum for warfare during the 10-year period beginning on the date of the submittal of the strategy.
(Sec. 1604) Requires DOD to submit to Congress a five-year plan for the Joint Interagency Combined Space Operations Center.
(Sec. 1605) Requires DOD to enter into an agreement with a federally funded research and development center to review the acquisition strategy for the Next Generation Operational Control System for the Global Positioning System.
(Sec. 1606) Requires the GAO to conduct assessments of the cost, schedule, and performance of each program of the National Reconnaissance Office for developing, acquiring, launching, and deploying satellites or overhead reconnaissance systems that receives funding from the Military Intelligence Program or is supported by DOD personnel.
(Sec. 1607) Requires the GAO to conduct an analysis of the cost and benefits of allowing the use of excess ballistic missile solid rocket motors for commercial space launch purposes.
(Sec. 1608) Requires the GAO to assess the types of analyses that DOD has conducted to understand the costs and benefits of the use of KA-band commercial satellite communications.
(Sec. 1609) Limits the use of funds for increment three of the Joint Space Operations Center Mission System until the Air Force submits to Congress a strategy for acquiring a common software and hardware framework for battle management, communication, and control.
(Sec. 1610) Restricts the use of funds for the current product development contract for the Global Positioning System Next Generation Operational Control System until DOD submits to Congress the certification required under current law regarding cost growth in major defense acquisition programs (commonly referred to as a Nunn-McCurdy certification).
(Sec. 1611) Permits up to half of the funds made available for a replacement space launch propulsion system or new launch vehicle in FY2016, FY2017, or any future year, to be made available for meeting the requirements in connection with U.S. policy on assured access to space.
(Sec. 1612) Authorizes specified Air Force research, development, test, and evaluation funds from FY2015 and FY2016 to be used for specified secure voice conferencing capabilities.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
(Sec. 1621) Requires DOD to ensure that each military intelligence officer serving as a unit or service intelligence officer, or in command of an intelligence unit or activity, has an active security clearance.
Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters
(Sec. 1631) Authorizes DOD to provide cyber protection support to personnel that occupy DOD positions determined to be of highest risk of vulnerability to cyber attacks on their personal devices, networks, and persons.
(Sec. 1632) Provides DOD with interim authority to take certain actions related to hiring and retaining civilian personnel for Cyber Mission Force positions until DOD has established the excepted service personnel system authorized under current law for civilians supporting DOD's cyber mission.
Directs the Principal Cyber Advisor to (1) supervise the development of training standards and capacity to train civilian cyber personnel to develop tools and weapons for the Cyber Mission Forces, and (2) ensure that sufficient priority exists for the timely completion of security clearance investigations and adjudications for such personnel.
(Sec. 1633) Expresses the sense of Congress that the arrangement (commonly referred to as a ''dual-hat arrangement'') under which the Commander of the U.S. Cyber Command (CYBERCOM) also serves as the Director of the National Security Agency is in the national security interests of the United States.
Prohibits DOD from taking action to end the ''dual-hat arrangement'' until the Secretary of Defense and the Chairman of the Joint Chiefs of Staff jointly determine and certify to Congress that ending the arrangement will not pose unacceptable risks to the military effectiveness of CYBERCOM. Requires the establishment of conditions-based criteria for assessing the need to sustain the ''dual-hat arrangement."
(Sec. 1634) Authorizes DOD to carry out a pilot program to assess the feasibility and advisability of applying consequence-driven, cyber- informed engineering methodologies to military installation operating technologies, including industrial control systems, to increase resilience against cybersecurity threats.
(Sec. 1635) Modifies the requirements for evaluating the cyber vulnerabilities of the F-35 aircraft and support systems.
(Sec. 1636) Requires the Defense Information Systems Agency to develop a research and technology development strategy in support of its missions.
(Sec. 1637) Requires DOD to evaluate the cyber vulnerabilities of DOD critical infrastructure and submit to Congress a plan for the evaluation.
(Sec. 1638) Requires the Chief Information Officer of DOD and the Commander of the U.S. Cyber Command to jointly develop and implement a plan for a modernized, enterprise-wide information security continuous monitoring capability (ISCM) and a comply-to-connect policy. Requires the plan and policy required by this provision to comply with specified software license inventory requirements.
Limits the availability of DOD funds for a software license unless DOD is able through automated means to both count the number of licenses in use and determine the security status of each instance of use of the software license.
(Sec. 1639) Requires DOD to submit to Congress a report outlining in detail the authorities that have been delegated by the President to the Secretary of Defense for the conduct of cyber operations.
(Sec. 1640) Requires the Chairman of the Joint Chiefs of Staff to submit to the President and Congress a report on the military and nonmilitary options available to the United States to deter Russia, China, Iran, North Korea, and terrorist organizations in cyberspace. Requires the President, after the Chairman's report is submitted, to submit to Congress a report on determining when an action carried out in cyberspace constitutes an act of war against the United States.
Subtitle D--Nuclear Forces
(Sec. 1651) Authorizes specified Missile Procurement--Air Force funds to be used for the procurement of certain commercially available parts for intercontinental ballistic missile fuzes.
(Sec. 1652) Adds reporting requirements to the annual report of the Council on Oversight of the National Leadership Command, Control, and Communications System for readiness.
(Sec. 1653) Requires the GAO to review DOD's nuclear enterprise review process to ascertain whether recommendations are adequately being implemented.
(Sec. 1654) Expresses the sense of Congress regarding nuclear deterrence.
Subtitle E--Missile Defense Programs
(Sec. 1661) Requires the Missile Defense Agency (MDA) to administer a flight test of the ground-based mid-course defense element of the ballistic missile defense system at least once a year.
(Sec. 1662) Authorizes specified funds for the MDA to provide to the government of Israel to procure Tamir interceptors for the Iron Dome short-range rocket defense system through co-production of such interceptors in the United States. Requires the MDA and the Under Secretary of Defense, prior to disbursing the funds, to certify that the March 5, 2014 bilateral international agreement concerning Iron Dome, as amended, is being implemented. Limits funding available to Israel for the David's Sling Weapon System until Congress receives a specified plan required under current law.
(Sec. 1663) Modifies reporting requirements for the plan to develop one or more programs of record for a space-based missile intercept layer. Authorizes DOD to commence coordination and activities associated with research, development, test, and evaluation on the programs not later than 60 days after the report is submitted.
(Sec. 1664) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to jointly conduct a review of the strategy, programs, and capabilities to counter cruise and ballistic missiles prior to launch in support of regional and homeland missile defense, using the full range of active, passive, kinetic, and nonkinetic defense measures.
(Sec. 1665) Amends the National Missile Defense Act of 1999 to modify the statement of the national missile defense policy. States that it is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against ballistic missile attack (whether accidental, unauthorized, or deliberate) with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense.
(Sec. 1666) Extends the prohibition on providing certain missile defense information to Russia.
Subtitle F--Other Matters
(Sec. 1671) Requires the Chairman of the Joint Chiefs to conduct: (1) a review of the Defense Intelligence Enterprise to assess the capabilities and capacity of the enterprise to meet present and future defense intelligence requirements, and (2) a survey of each geographic combatant command to determine how each prioritizes and allocates its intelligence resources.
(Sec. 1672) Requires DOD to make a Milestone A decision for Conventional Prompt Global Strike no later than the earlier of: (1) September 30, 2020, or (2) eight months after the successful completion of the Intermediate Range Flight 2 test.
(Sec. 1673) Authorizes DOD to establish at Fort George G. Meade the ''Cyber Center for Education and Innovation and the National Cryptologic Museum'' and to enter into an agreement with the National Cryptologic Museum Foundation for the design, construction, and operation of the center.
Military Construction Authorization Act for Fiscal Year 2017
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
(Sec. 2002) Establishes the expiration date for authorizations in this bill for military construction projects, land acquisition, family housing projects, and contributions to the North Atlantic Treaty Organization Security Investment Program as the later of: (1) October 1, 2019; or (2) the date of enactment of an act authorizing funds for military construction FY2020.
(Sec. 2003) Specifies that Titles XXI through XXVII take effect on the later of: (1) October 1, 2016; or (2) the date of the enactment of this bill.
TITLE XXI--ARMY MILITARY CONSTRUCTION
(Sec. 2101) Authorizes specified Army construction and land acquisition projects.
(Sec. 2102) Authorizes new construction and planning and design of family housing units for the Army.
(Sec. 2103) Authorizes appropriations for Army military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2104) Modifies the authorization for construction of an aircraft maintenance hangar at Joint Base Lewis-McChord, Washington, to permit the Army to construct an aircraft washing apron.
(Sec. 2105) Extends the authorizations for specified FY2013 projects.
(Sec. 2106) Extends the authorizations for specified FY2014 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
(Sec. 2201) Authorizes specified Navy construction and land acquisition projects.
(Sec. 2202) Authorizes new construction and planning and design of family housing units for the Navy.
(Sec. 2203) Authorizes the Navy to make improvements to existing units of family housing.
(Sec. 2204) Authorizes appropriations for Navy military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2205) Modifies the authorization for the construction of a water transmission line in Pearl City, Hawaii, to permit the Navy to construct a specified water transmission line as part of the network required to provide the main water supply to Joint Base Pearl Harbor-Hickam, Hawaii.
(Sec. 2206) Extends the authorizations of specified FY2013 projects.
(Sec. 2207) Extends the authorizations of specified FY2014 projects.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
(Sec. 2301) Authorizes specified Air Force construction and land acquisition projects.
(Sec. 2302) Authorizes new construction and planning and design of family housing units for the Air Force.
(Sec. 2303) Authorizes the Air Force to make improvements to existing units of family housing.
(Sec. 2304) Authorizes appropriations for Air Force military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2305) Modifies the authorization for Malmstrom Air Force Base, Montana, for construction of a Tactical Response Force Alert Facility to permit the Air Force to construct an emergency power generator system consistent with the Air Force's construction guidelines.
(Sec. 2306) Extends the authorizations of specified FY2014 projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
(Sec. 2401) Authorizes specified construction and land acquisition projects for defense agencies.
(Sec. 2402) Authorizes DOD to carry out specified energy conservation projects.
(Sec. 2403) Authorizes appropriations for military construction, land acquisition, and military family housing functions of defense agencies at the levels identified in section 4601.
(Sec. 2404) Modifies the authorization for Royal Air Force Lakenheath, United Kingdom, for construction of a high school to permit DOD to construct a combined middle/high school.
(Sec. 2405) Extends the authorizations of specified FY2013 projects.
(Sec. 2406) Extends the authorizations of specified FY2014 projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment Program
(Sec. 2501) Authorizes DOD to make specified contributions to the North Atlantic Treaty Organization Security equal to the sum of amount authorized in section 2502 and the amount collected from NATO for construction previously financed by the United States.
(Sec. 2502) Authorizes appropriations for the North Atlantic Treaty Organization Security Investment Program at the levels identified in section 4601
Subtitle B--Host Country In-Kind Contributions
(Sec. 2511) Authorizes DOD to accept specified military construction projects from the Republic of Korea as in-kind contributions.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
(Sec. 2601) Authorizes specified construction and land acquisition projects for the Army National Guard.
(Sec. 2602) Authorizes specified construction and land acquisition projects for the Army Reserve.
(Sec. 2603) Authorizes specified construction and land acquisition projects for the Navy and Marine Corps Reserve.
(Sec. 2604) Authorizes specified construction and land acquisition projects for the Air National Guard.
(Sec. 2605) Authorizes specified construction and land acquisition projects for the Air Force Reserve.
(Sec. 2606) Authorize appropriations for the National Guard and Reserve military construction at the levels identified in section 4601.
Subtitle B--Other Matters
(Sec. 2611) Modifies the authorization for construction of a new Army Reserve Center in Bullville, New York, to permit the Army to add to or alter the existing Army Reserve Center at Bullville, New York.
(Sec. 2612) Modifies the authorization for construction of a Reserve Training Center in Pittsburgh, Pennsylvania, to permit the Navy to acquire specified adjacent land, obtain necessary interest in land, and construct road improvements and associated supporting facilities to provide required access to the Reserve Training Center.
(Sec. 2613) Extends the FY2013 authorization for the Joint Reserve Center in Fort Des Moines, Iowa.
(Sec. 2614) Extends the authorizations for specified FY2014 National Guard and Reserve projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
(Sec. 2701) Authorizes appropriations for ongoing Base Realignment and Closure (BRAC) activities at the levels identified in section 4601.
(Sec. 2702) Specifies that nothing in this bill authorizes an additional BRAC round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
(Sec. 2801) Reauthorizes contingency construction authority in certain areas outside the United States for an additional year.
(Sec. 2802) Authorizes DOD to increase the scope of military construction projects by up to 10% above the amount authorized by Congress after notifying the appropriate congressional committees.
(Sec. 2803) Makes permanent the authority to accept contributions from the government of Kuwait for certain infrastructure projects that are mutually beneficial to DOD and Kuwait Military Forces.
Subtitle B--Real Property and Facilities Administration
(Sec. 2811) Authorizes DOD to carry out military construction projects for energy resiliency and security that were not previously authorized.
(Sec. 2812) Allows a service secretary to accept facility improvements at government-owned/contractor-operated industrial plants or facilities if necessary for the development or production of military weapon systems, munitions, components, or supplies.
(Sec. 2813) Specifies that all federal or state chartered insured depository institutions operating on a military installation may be treated equally with respect to the financial terms of leases, services, and utilities.
Subtitle C--Land Conveyances
(Sec. 2821) Authorizes the Army to acquire specified land from Arlington County, Virginia and the Commonwealth of Virginia for the expansion of Arlington National Cemetery in order to maximize the number of interment sites and the compatible use of adjacent properties.
(Sec. 2822) Authorizes the Air Force to convey, without consideration, specified acres of the remaining public land currently withdrawn by the Air Force at the former Campion Air Force Station, Alaska, to the town of Galena, Alaska, for public purposes.
(Sec. 2823) Authorizes the Air Force to convey specified parcels of real property: (1) near Gulkana Village, Alaska, and the High Frequency Active Auroral Research Program Facility to the University of Alaska for consideration; and (2) near Gulkana Village, Alaska, to the Alaska Native Corporation.
(Sec. 2824) Transfers the administrative jurisdiction of the Fort Belvoir Mark Center Campus from the Secretary of the Army to the Secretary of Defense.
(Sec. 2825) Provides for the transfer of administrative jurisdiction of property at Navajo Army Depot, Arizona, to the Department of the Army for the purposes of continued military operations.
Subtitle D--Utah Land Withdrawals and Exchanges.
Utah Test and Training Range Encroachment Prevention and Temporary Closure Act
Part I--Authorization for Temporary Closure of Certain Public Land Adjacent to the Utah Test and Training Range
(Sec. 2832) Provides the definitions for the Utah Test and Training Range Encroachment Prevention and Temporary Closure Authorities.
(Sec. 2833) Requires the Air Force and the Department of the Interior to enter into a memorandum of agreement that authorizes the Air Force to impose limited closures of specified Bureau of Land Management (BLM) land for military operations and national security and public safety purposes at the Utah Test and Training Range.
(Sec. 2834) Authorizes the Air Force to take necessary actions to temporarily close any road, trail, or other portion of the BLM land in the Utah Test and Training Range for military operations, public safety, or national security.
(Sec. 2835) Prohibits the United States from being held liable for an injury or damage to any individual or property suffered in the course of any mining, mineral, or geothermal activity, or any other authorized non-defense-related activity conducted on the BLM land.
(Sec. 2836) Establishes the Utah Test and Training Range Community Resource Advisory Group to provide regular and continuing input to Interior and the Air Force on matters involving public access to, use of, and overall management of the BLM land.
(Sec. 2837) Specifies that nothing in this subtitle affects existing training or weapons impact areas, military special use airspace, special recreational areas, historical trails, water rights, federally recognized Indian tribes, and other specified laws.
Part II--Bureau of Land Management Land Exchange With State of Utah
(Sec. 2841) Defines the terms used in this subtitle.
(Sec. 2842) Authorizes Interior to exchange with Utah all right, title, and interest of the United States in and to certain federal land for all right, title, and interest in and to certain non-federal land.
(Sec. 2843) Requires the non-federal land transferred to the United States to be added to and administered as part of the Cedar Mountain Wilderness.
(Sec. 2844) Specifies that the cost of remedial actions related to hazardous materials on land acquired under this subtitle shall be paid by those entities responsible for the cost under applicable law.
Subtitle E--Other Matters
(Sec. 2851) Prohibits the expenditure of any funds for the construction of hangars, housing, maintenance or related facilities to support any current or future F/A-18 or F-35 squadrons at Naval Air Station Lemoore until an analysis of operational requirements confirms that Naval Air Station Lemoore is the optimal location for those squadrons.
(Sec. 2852) Authorizes the Army and the Department of the Interior to enter into a cooperative agreement with the Cochise Conservation Recharge Network, Arizona, in support of efforts to replenish the regional aquifer identified in the National Defense Authorization Act for Fiscal Year 2004.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
(Sec. 2901) Authorizes specified Overseas Contingency Operations (OCO) construction and land acquisition projects for the Navy.
(Sec. 2902) Authorizes specified OCO construction and land acquisition projects for the Air Force.
(Sec. 2903) Authorizes appropriations for OCO military construction at the levels identified in sections 4602 and 4603.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
(Sec. 3101) Authorizes appropriations to the Department of Energy (DOE) for the National Nuclear Security Administration (NNSA) at the levels identified in section 4701 of this bill. Authorizes new plant projects for the NNSA at specified locations.
(Sec. 3102) Authorizes appropriations to DOE for Defense Environmental Cleanup activities at the levels identified in section 4701 of this bill.
(Sec. 3103) Authorizes appropriations to DOE for Other Defense Activities in carrying out programs as specified in section 4701 of this bill.
(Sec. 3104) Authorizes appropriations to DOE for nuclear energy as specified in section 4701 of this bill.
Subtitle B--Program Authorizations, Restrictions, and Limitations
(Sec. 3111) Requires the NNSA to: (1) complete implementation of a common financial system for the nuclear security enterprise no later than three years after the date of enactment of this bill, and (2) report annually to Congress on the progress toward implementing a common financial system.
(Sec. 3112) Requires the NNSA to identify and oversee the implementation of best practices of industry in the operations of its facilities for the purpose of lower costs, maintaining or reducing risks, and, preserving and protecting health, safety, and security.
(Sec. 3113) Limits the rate at which the NNSA is authorized to dismantle weapons to the schedule and funding profile put forth in the FY2016 stockpile stewardship and management plan submitted to Congress. Provides exceptions for: (1) certain treaty obligations, or (2) a need to obtain critical components from retired weapons that cannot be reasonably acquired through other means for use in support of life extension, weapon alteration, or weapon modification programs as described in the plan.
(Sec. 3114) Requires the Secretary of Energy to enter into an arrangement with the Chief of Engineers to act as an owner's agent for DOE with respect to its Mixed Oxide Fuel Fabrication Facility (MFFF) construction project. Requires the Chief to assess the contractual, technical, and managerial risks associated with the MFFF.
(Sec. 3115) Prohibits certain funds authorized for laboratory-directed research and development programs from being used to cover the costs of the laboratories for general and administrative overhead.
(Sec. 3116) Increases the limits that apply to DOE funds used for conceptual and construction design.
Subtitle C--Plans and Reports
(Sec. 3121) Requires DOE to submit to Congress a rough estimate of the total life cycle cost of the cleanup of tank waste at Hanford Reservation, Richland, Washington.
(Sec. 3122) Requires DOE to enter into agreement with: (1) a federally funded research and development center (FFRDC) to conduct an analysis of supplemental waste treatment options at the Hanford site; and (2) the National Academies of Sciences, Engineering, and Medicine to conduct a peer review of the FFRDC analysis.
(Sec. 3123) Requires DOD to enter into an arrangement with a FFRDC to conduct comprehensive analyses of options for disposal of high-level radioactive waste. Requires the GAO to review of the design, methodology, and conclusions of the analyses.
(Sec. 3124) Eliminates duplicate GAO reviews of the NNSA's budget.
(Sec. 3125) Repeals a requirement for the GAO to report on the program on scientific engagement for nonproliferation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
(Sec. 3201) Authorizes appropriations for the Defense Nuclear Facilities Safety Board.
Pilot's Bill of Rights 2
TITLE XXXIII--FEDERAL AVIATION ADMINISTRATION THIRD CLASS MEDICAL REFORM AND GENERAL AVIATION PILOT PROTECTIONS
(Sec. 3302) Creates an exemption, under specified circumstances, to the Federal Aviation Administration's (FAA's) current third-class airman medical certification requirements for general aviation (GA) pilots.
(Sec. 3303) Amends the Pilot's Bill of Rights to revise provisions that allow an individual denied an airman certificate to appeal the denial to U.S. District Court after it has been upheld under the normal National Transportation Safety Board's appeals process. Permits individuals who have had their airman certificates suspended or revoked to use the same appeals process, and modifies the standard of review for appeals in U.S. District Court to ensure a case is reviewed de novo.
(Sec. 3304) Prohibits the FAA from reexamining a GA pilot holding a student, sport, recreational, or private pilot airman certificate unless the agency has reasonable grounds to: (1) establish a lack of qualification on the part of the pilot; or (2) demonstrate that the certificate was obtained through fraud or an exam that was inadequate. Requires the FAA, prior to taking action to reexamine a GA pilot, to provide the pilot with the reasonable basis for the reexamination and relevant information that formed that basis.
(Sec. 3305) Prohibits the FAA from taking enforcement action against an individual for violation of a Notice to Airmen (NOTAM) regarding airspace system information until the FAA certifies its compliance with certain NOTAM Improvement Program requirements.
Requires the FAA, under the NOTAM Improvement Program, to:
Requires the FAA to consider the NOTAM repository to be the sole location for airmen to check for NOTAMs. Prohibits the FAA from considering a NOTAM announced or published until it is in the repository.
Prohibits the FAA from taking any enforcement action against an airman for a violation of a NOTAM during a flight if that NOTAM is not available through the repository before the flight's commencement and the NOTAM is not reasonably accessible and identifiable to the airman, subject to an exception for national security.
(Sec. 3306) Requires the FAA, upon receiving from an individual subject to an investigation a request for a flight record of air traffic data not in its possession, to request the record from a FAA contract air traffic control tower or other FAA contractor possessing it. Requires the contract tower or other contractor to provide the FAA any covered flight record it created, maintained, or controls.
(Sec. 3307) Requires the FAA to revise its regulations to authorize legal counsel to close certain enforcement actions with a warning notice, letter of corrections, or other administrative action.
TITLE XXXV--MARITIME ADMINISTRATION
(Sec. 3501) Authorizes appropriations for Maritime Administration programs.
(Sec. 3502) Modifies provisions that exempt floating dry docks that are used for the construction of a naval vessel in a U.S. shipyard from certain restrictions that apply to floating dry docks. Requires the floating dry dock to be purchased prior to December 19, 2017. (Under current law, the floating dry dock must be purchased prior to the date of the enactment of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015.)
DIVISION D--FUNDING TABLES
(Sec. 4001) Provides for the allocation of funds among programs, projects, and activities in accordance with the tables in division D of this bill, subject to reprogramming requirements.
(Sec. 4101) Sets forth amounts requested and authorized for Procurement.
(Sec. 4102) Sets forth amounts requested and authorized for Procurement for Overseas Contingency Operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(Sec. 4201) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation.
(Sec. 4202) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation for Overseas Contingency Operations.
TITLE XLIII--OPERATION AND MAINTENANCE
(Sec. 4301) Sets forth amounts requested and authorized for Operation and Maintenance.
(Sec. 4302) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations.
TITLE XLIV--MILITARY PERSONNEL
(Sec. 4401) Sets forth amounts requested and authorized for Military Personnel.
(Sec. 4402) Sets forth amounts requested and authorized for Military Personnel for Overseas Contingency Operations.
TITLE XLV--OTHER AUTHORIZATIONS
(Sec. 4501) Sets forth amounts requested and authorized for other specified authorizations, including: the Working Capital Fund, Chemical Agents and Munitions Destruction, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, the Defense Health Program, and the Security Cooperation Enhancement Fund.
(Sec. 4502) Sets forth amounts requested and authorized for the Working Capital Fund, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program for Overseas Contingency Operations.
TITLE XLVI--MILITARY CONSTRUCTION
(Sec. 4601) Sets forth amounts requested and authorized for Military Construction.
(Sec. 4602) Sets forth amounts requested and authorized for Military Construction for Overseas Contingency Operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(Sec. 4701) Sets forth amounts requested and authorized for Department of Energy National Security Programs.
Military Justice Act of 2016
DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM
TITLE LI--GENERAL PROVISIONS
(Sec. 5101) Makes technical amendments to provisions of the Uniform Code of Military Justice (UCMJ) relating to the definitions of ''military judge'' and ''judge advocate."
(Sec. 5102) Specifies that Reserve Component members performing inactive duty training are subject to the UCMJ.
(Sec. 5103) Revises the requirements for disqualifying individuals from acting as a staff judge advocate or legal officer for any reviewing or convening authority due to prior involvement in a case.
(Sec. 5104) Makes a conforming amendment to add ''military magistrate'' to the list of officials whose fitness to perform duties is subject to investigation and disposition under regulations prescribed by the President.
(Sec. 5105) Specifies procedures and requirements regarding the appointment of individuals to assume the rights of a victim who is under 18 years of age, incompetent, incapacitated, or deceased. Transfers provisions concerning defense counsel interviews of victims of sex-related offenses to a different section of the UCMJ and extends those provisions to victims of all offenses.
TITLE LII--APPREHENSION AND RESTRAINT
(Sec. 5121) Amends provisions regarding the restraint of persons charged with offenses and the actions that must be taken by military commanders and convening authorities when persons subject to the UCMJ are held for trial by court-martial. Requires the President to prescribe regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report.
(Sec. 5122) Specifies that that no member of the Armed Forces may be placed in confinement in immediate association with: (1) enemy prisoners of war; or (2) other individuals who are detained under the law of war, are foreign nationals, and are not members of the U.S. Armed Forces.
TITLE LIII--NON-JUDICIAL PUNISHMENT
(Sec. 5141) Modifies requirements for confinement as non-judicial punishment to prohibit punishment in the form of a diet consisting only of bread and water.
TITLE LIV--COURT-MARTIAL JURISDICTION
(Sec. 5161) Amends courts-martial classifications. Establishes standard panel sizes, requires a military judge to be detailed to all special courts-martial, and adds the option of referral to a non-jury special court-martial including only a military judge.
(Sec. 5162) Makes conforming changes to the descriptions of the types of courts-martial. Specifies the sexual offenses over which general courts-martial have exclusive jurisdiction.
(Sec. 5163) Amends the UCMJ to align the statute with proposed changes regarding the composition of special courts-martial.
(Sec. 5164) Specifies that a summary court-martial is a noncriminal forum and that a finding of guilty at a summary court-martial does not constitute a criminal conviction.
TITLE LV--COMPOSITION OF COURTS-MARTIAL
(Sec. 5181) Makes a technical amendment to provisions of the UCMJ regarding the person authorized to convene general courts-martial.
(Sec. 5182) Permits the detail of enlisted personnel for service on a court-martial panel without a specific request from the accused. Requires the convening authority to detail a sufficient number of members for impanelment.
(Sec. 5183) Establishes a standard panel size of 12 court-martial members in capital cases.
(Sec. 5184) Amends the UCMJ to conform to the proposed amendments that ensure a military judge is detailed to every general and special court-martial; require the Judge Advocates General to select military judges based on statutory criteria and an evaluation of their individual education, training, experience, and judicial temperament; provide for a minimum tour length for military judges; expressly authorize cross-service detailing of military judges; and codify the position of chief trial judge.
(Sec. 5185) Modifies the qualifications for trial counsel and defense counsel to: (1) broaden the disqualification provision to include appellate judges who have participated previously in the same case, (2) extend the qualification requirement to any assistant defense counsel detailed to a general court-martial, (3) require any defense counsel or assistant defense counsel detailed to a special court-martial to be qualified under specified provisions of the UCMJ, and (4) require at least one defense counsel detailed to a capital case to be learned in such cases.
(Sec. 5186) Specifies the function of assembly in general and special courts-martial and the situations in which a member may be absent or excused after assembly. Requires the military judge to impanel the number of members required. Provides for the detail of new members if the membership on the panel is reduced below certain thresholds. Specifies procedures for: (1) detailing of a new military judge when the military judge is unable to proceed as a result of disability, and (2) presenting the prior trial proceedings to the newly detailed members or judge.
(Sec. 5187) Sets forth minimum qualifications under which the Judge Advocates General could, if so authorized under regulations of the Secretary concerned, certify military magistrates to preside over proceedings when designated by a military judge.
TITLE LVI--PRE-TRIAL PROCEDURE
(Sec. 5201) Reorganizes provisions and replaces the requirement to take immediate steps to dispose of charges and specifications with a requirement for the proper authority to, as soon as practicable, determine what disposition should be made.
(Sec. 5202) Provides statutory authority for military judges or magistrates to provide timely review, prior to referral of charges, of certain matters currently subject to judicial review only on a delayed basis at trial.
(Sec. 5203) Specifies requirements for conducting preliminary hearings before referral of charges and specifications to general courts-martial for trial.
(Sec. 5204) Requires the establishment and maintenance of non-binding guidance regarding factors that commanders, convening authorities, staff judge advocates, and judge advocates should take into account when exercising their duties with respect to disposition of charges and specifications in the interest of justice and discipline under the UCMJ.
(Sec. 5205) Specifies requirements and procedures for a convening authority to consult with a staff judge advocate prior to the referral of charges and specifications to a general court-martial for trial.
(Sec. 5206) Conforms procedures for service of charges and waiting period requirements to current practice and other UCMJ articles.
TITLE LVII--TRIAL PROCEDURE
(Sec. 5221) Makes a conforming amendment to provisions regarding the duties of an assistant defense counsel.
(Sec. 5222) Specifies that military judges preside at arraignments.
(Sec. 5223) Specifies that a summary court-martial is the only exception to the general rule that the authority to grant continuances is vested solely in the military judge.
(Sec. 5224) Makes conforming changes regarding standard panel sizes in general and special courts-martial.
(Sec. 5225) Extends the statute of limitations applicable to child abuse offenses, fraudulent enlistment, and for cases in which DNA testing implicates an identified person in the commission of an offense punishable by confinement for more than one year.
(Sec. 5226) Specifies the circumstances under which jeopardy attaches to align it with federal civilian standards concerning double jeopardy.
(Sec. 5227) Permits an accused to plead guilty in a capital case when the death penalty is not a mandatory punishment and establishes a harmless error rule if the variance from the requirements does not materially prejudice the substantial rights of the accused.
(Sec. 5228) Allows subpoenas duces tecum to be issued for investigations of offenses under the UCMJ when authorized by a general court-martial convening authority. Authorizes military judges to issue warrants and orders for the production of stored electronic communications under the Stored Communications Act. Moves provisions concerning defense counsel interviews of victims of sex-related offenses to a different article of the UCMJ and extends those provisions to victims of all offenses, consistent with related victims' rights provisions.
(Sec. 5229) Provides that civilians who fail to comply with military subpoenas issued under the UCMJ, are guilty of an offense against the United States.
(Sec. 5230) Specifies those who may exercise contempt authority, transfers the review function for contempt punishment from the convening authority to the appropriate appellate court, and specifies requirements for the appeal process.
(Sec. 5231) Modifies procedures and practices related to the representation of parties by counsel, the admissibility and use of a deposition as evidence, and prohibiting the government from using depositions in capital cases
(Sec. 5232) Permits sworn testimony from a court of inquiry to be played from an audio-visual recording if the deposed witness is unavailable at trial and the evidence is otherwise admissible under the rules of evidence.
(Sec. 5233) Makes a conforming change to eliminate special courts-martial without a military judge.
(Sec. 5234) Makes a conforming change to remove references to courts-martial without a military judge.
(Sec. 5235) Standardizes the percentage of votes required by a court-martial panel for conviction and for a specific sentence at 75% for non-capital cases.
(Sec. 5236) Requires sentencing by a military judge in all non-capital general and special courts-martial. Requires the members to participate in the sentence determination in cases where the accused may be sentenced to death.
(Sec. 5237) Transfers provisions regarding plea agreements to a different code section. Provides rules for the construction and negotiation of plea agreements.
(Sec. 5238) Requires the court reporter, instead of the military judge or prosecutor, to certify the record of trial. Requires a complete record of trial in any general or special court-martial if the sentence includes death, dismissal, discharge, or confinement or forfeitures for more than six months. Provides all victims who testify at a court-martial with access to records of trial.
(Sec. 5261) Specifies the factors that must be taken into consideration by a court-martial during sentencing. Requires offense-based sentencing for confinement and fines, rather than unitary sentencing, in all general and special courts-martial. Permits the U.S. government to appeal a sentence if it violates the law or the sentence is plainly unreasonable.
(Sec. 5262) Reorganizes provisions regarding effective dates for punishments. Provides that, with the exception of death and punitive discharges, sentences are effective by operation of law, without any additional approval, upon entry of judgment.
(Sec. 5263) Makes conforming changes regarding the sentence of reduction in enlisted grade.
(Sec. 5264) Repeals provisions related to sentencing reductions after guidelines related to sentencing parameters and criteria take effect.
TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
(Sec. 5281) Provides for the distribution of the trial results and authorizes the filing of post-trial motions with the military judge in general and special courts-martial.
(Sec. 5282) Specifies requirements regarding the authority to act on a sentence in certain post-trial circumstances. Retains limitations on the convening authority's post-trial actions, subject to a limited suspension authority upon the recommendation of a military judge. Revises the authority regarding accused who provide substantial assistance to the government, allows the accused and a victim of the offense to submit matters to the convening authority for consideration, and requires the decision of the convening authority to be forwarded to the military judge.
(Sec. 5283) Specifies the convening authority's post-trial authorities and responsibilities with respect to the findings and sentence of summary courts-martial and certain general and special courts-martial.
(Sec. 5284) Establishes the entry of judgment, which would require the military judge to enter the judgment of the court-martial into the record in all general and special courts-martial, and would mark the conclusion of trial proceedings.
(Sec. 5285) Makes conforming changes regarding the waiver of the right to appeal and the withdrawal of an appeal.
(Sec. 5286) Authorizes an appeal by the government when, upon defense motion, the military judge sets aside a panel's finding of guilty because of legally insufficient evidence. Extends interlocutory appeals to all general and special courts-martial.
(Sec. 5287) Removes the sentence limitation at a rehearing in cases in which an accused changes the plea from guilty to not guilty, or otherwise fails to comply with the terms of a pre-trial agreement; or a sentence is set aside based on a government appeal.
(Sec. 5288) Modifies requirements for reviews of findings of guilty by a judge advocate. Requires each summary court-martial in which there is a finding of guilty to be reviewed by a judge advocate.
(Sec. 5289) Requires the trial record in all general and special courts-martial in which there is a finding of guilty to be transmitted to the Office of the Judge Advocate General. Specifies the process for reviews conducted by the Office of the Judge Advocate General.
(Sec. 5290) Establishes an appeal as of right in non-capital cases under the UCMJ and expands the opportunity for direct review of courts-martial convictions by the service courts of criminal appeals. Provides statutory standards for factual sufficiency review, sentence appropriateness review, and review of excessive post-trial delay. Provides the courts of criminal appeals with express authority to order a hearing, rehearing or remand for further proceedings as may be necessary to address a substantial issue.
(Sec. 5291) Provides for notification by a Judge Advocate General to the other Judge Advocates General prior to certifying a case for review by the Court of Appeals for the Armed Forces.
(Sec. 5292) Makes a technical amendment the UCMJ to add "United States" before ''Court of Appeals for the Armed Forces."
(Sec. 5293) Allows the accused a one-year period in which to file for review in the Office of the Judge Advocate General, extendable to three years for good cause. Permits the review to consider issues of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, error prejudicial to the substantial rights of the accused, or the appropriateness of the sentence.
(Sec. 5294) Requires that, in any capital case, to the greatest extent practicable, at least one appellate defense counsel must be learned in the law applicable to capital cases in which the death penalty was adjudged at trial.
(Sec. 5295) Authorizes a special court-martial convening authority to detail a qualified judge advocate to preside at the vacation hearing, which must be held before a suspended sentence can be vacated.
(Sec. 5296) Increases from two to three years the time period for an accused to petition for a new trial.
(Sec. 5297) Requires the President to establish regulations governing eligibility for pay and allowances for the period after the date on which an executed part of a court-martial sentence is set aside.
(Sec. 5298) Makes conforming changes to provisions regarding leave requirements pending review of certain court-martial convictions.
TITLE LX--PUNITIVE ARTICLES
(Sec. 5301) Reorganizes the punitive articles by transferring and redesignating several articles within the UCMJ.
(Sec. 5302) Authorizes the President to designate an authoritative, but non-exhaustive, list of lesser included offenses for each punitive article of the UCMJ in addition to judicially determined lesser included offenses.
(Sec. 5303) Consolidates the general solicitation offense in a different section of the UCMJ.
(Sec. 5304) Transfers provisions regarding malingering to a different section of the UCMJ and makes technical corrections.
(Sec. 5305) Transfers the offense of ''quarantine: medical, breaking'' to a different section of the UCMJ.
(Sec. 5306) Incorporates the offense of ''jumping from vessel into the water'' into offense of ''missing movement.''
(Sec. 5307) Create a new section of the UCMJ to move and consolidate the offenses of ''restriction, breaking'' and ''correctional custody-offenses against.''
(Sec. 5308) Moves and consolidates the offense of ''assaulting a superior commissioned officer'' under the offense of ''disrespect toward a superior commissioned officer."
(Sec. 5309) Transfers the offense of ''assaulting a superior commissioned officer'' to a different article of the UCMJ. Focuses the article on the willful disobedience of a lawful command of a superior commissioned officer.
(Sec. 5310) Creates a new section of the UCMJ to address accountability for sexual misconduct committed by recruiters and trainers during the various phases within the recruiting and basic military training environments.
(Sec. 5311) Moves the loitering portion of the offense of ''sentinel or lookout: offenses against or by'' to a different section of the UCMJ.
(Sec. 5312) Moves the disrespect portion of the offense of ''sentinel or lookout: offenses against or by'' to a different section of the UCMJ.
(Sec. 5313) Moves the separate offense of ''drinking liquor with prisoner'' to a different section of the UCMJ.
(Sec. 5314) Amends provisions related to penalties for acting as a spy to replace the mandatory death penalty currently required with a discretionary death penalty.
(Sec. 5315) Moves the offense of ''public record: altering, concealing, removing, mutilating, obliterating, or destroying'' to a different section of the UCMJ and redesignates it as ''public records offenses.''
(Sec. 5316) Moves the offense of ''false or unauthorized pass offenses'' to a different section of the UCMJ.
(Sec. 5317) Moves the offense of ''impersonating a commissioned, warrant, non-commissioned, petty officer or agent or official'' to a different section of the UCMJ.
(Sec. 5318) Moves the offense of ''wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button'' to a different section of the UCMJ.
(Sec. 5319) Moves the offense of ''false swearing" to a different section of the UCMJ.
(Sec. 5320) Moves the offense of ''parole, violation of" to a different section of the UCMJ.
(Sec. 5321) Moves the offense of ''mail:taking, opening, secreting, destroying, or stealing'' to a different section of the UCMJ.
(Sec. 5322) Prohibits improper hazarding of an aircraft in addition to the existing ''improper hazarding of vessel" offense.
(Sec. 5323) Moves the offense of "fleeing the scene of an accident'' to a different section of the UCMJ and adds the title "leaving scene of accident" to the section.
(Sec. 5324) Moves the offenses of ''drunkenness-in-capacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug'' and ''drunk prisoner'' to a different section of the UCMJ.
(Sec. 5325) Decreases the blood alcohol limits for a conviction of "drunken or reckless operation of vehicle, aircraft, or vessel."
(Sec. 5326) Moves the offenses "reckless endangerment," "firearm discharge, endangering human life," and "carrying concealed weapon" to a different section of the UCMJ and redesignates the section as "endangerment offenses."
(Sec. 5327) Moves the offenses of ''threat, communicating,'' and ''threat or hoax designed or intended to cause panic or public fear" to a different section of the UCMJ.
(Sec. 5328) Makes a technical amendment to remove the term "forcible sodomy" from the offense of "murder." (The crime of forcible sodomy is already contained in the offense of ''rape and sexual assault generally.")
(Sec. 5329) Moves the offense of "child endangerment'' to a different section of the UCMJ.
(Sec. 5330) Revises the definition of ''sexual act'' with respect to the offenses of rape and sexual assault to conform to the definition of that term in federal criminal law in the civilian sector.
(Sec. 5331) Moves the offense of ''mails: depositing or causing to be deposited obscene materials in'' to a different section of the UCMJ.
(Sec. 5332) Establishes a new section of the UCMJ to specifically address the misuse of credit cards, debit cards, and other electronic payment technology, also known as ''access devices.''
(Sec. 5333) Moves the offense of ''false pretenses, obtaining services under" to a different section of the UCMJ.
(Sec. 5334) Modifies the offense of "robbery" by removing the words "with the intent to steal" to eliminate the requirement to show that the accused intended to permanently deprive the victim of his property.
(Sec. 5335) Moves the offense of ''stolen property: knowingly receiving, buying concealing'' to a different section of the UCMJ.
(Sec. 5336) Creates a new punitive article of the UCMJ to address offenses concerning government computers.
(Sec. 5337) Moves the offense of ''bribery" to a different section of the UCMJ.
(Sec. 5338) Moves the offense of ''graft'' to a different section of the UCMJ.
(Sec. 5339) Moves the offense of ''kidnapping'' to a different section of the UCMJ.
(Sec. 5340) Moves the offense of ''burning with intent to defraud'' to a different section of the UCMJ.
(Sec. 5341) Adds to the offense of "assault" a standard involving the intent of the accused to commit bodily harm. Moves the offenses of "assault-with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking'' to a different section of the UCMJ.
(Sec. 5342) Reorganizes provisions of the UCMJ regarding burglary and unlawful entry.
(Sec. 5343) Modifies provisions of the UCMJ related to stalking. Amends the provisions to address cyberstalking and threats to intimate partners.
(Sec. 5344) Moves the offense of ''perjury: subornation of" to a different section of the UCMJ.
(Sec. 5345) Moves the offense of ''obstructing justice" to a different section of the UCMJ.
(Sec. 5346) Moves the offense of ''misprision of serious offense" to a different section of the UCMJ.
(Sec. 5347) Moves the offense of ''testify: wrongful refusal' to a different section of the UCMJ.
(Sec. 5348) Moves the offense of ''seizure: destruction, removal, or disposal of property to prevent'' to a different section of the UCMJ.
(Sec. 5349) Moves the offense of ''wrongful interference with an adverse administrative proceeding" to a different section of the UCMJ.
(Sec. 5350) Establishes a new offense that prohibits retaliation against any person for reporting or planning to report a criminal offense.
(Sec. 5351) Authorize prosecution of all non-capital federal crimes of general applicability, regardless of where the federal crime is committed.
(Sec. 5352) Amends a table of contents to reflect amendments included in this bill.
TITLE LXI--MISCELLANEOUS PROVISIONS
(Sec. 5401) Provides individuals employed by DHS, with respect to the Coast Guard when it is not operating as a service in the Navy, the right to be designated as parties in interest when they have a direct interest in the subject of a court of inquiry.
(Sec. 5402) Makes a technical amendment to a provision regarding the authority to administer oaths and act as a notary.
(Sec. 5403) Requires officers, in addition to enlisted personnel, to receive UCMJ training upon entry to service, and periodically thereafter. Requires specific military justice training for military commanders and convening authorities.
Requires DOD to: (1) prescribe regulations for additional specialized UCMJ training for combatant commanders and commanders of combined commands, and (2) to maintain an electronic version of the UCMJ and Manual for Court-Martial that would be updated periodically and made available on the Internet for review by service members and the public.
(Sec. 5404) Requires DOD to establish uniform standards and criteria for case processing and management, military justice data collection, production and distribution of records of trial, and access to case information.
TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
(Sec. 5421) Establishes a Military Justice Review Panel comprised of an independent panel of experts to conduct a periodic evaluation of military justice practices and procedures.
(Sec. 5422) Creates a new section of the UCMJ to compile the annual reports issued individually by the Court of Appeals for the Armed Forces, the Judge Advocates General, and the Staff Judge Advocate to the Commandant of the Marine Corps into a single volume.
TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES
(Sec. 5441) Makes conforming amendments to the tables of sections for several subchapters of the UCMJ.
(Sec. 5442) Specifies that the amendments made by this title take effect on the first day of the first calendar month that begins two years after the date of enactment of this bill.