NDAA: S.2943 – National Defense Authorization Act for Fiscal Year 2017 PASSED SENATE & HOUSE GOING TO OBAMA
12/14/2016 RANT OF THE YEARS FAKE NEWS AND SO NO!
Passed House amended (07/07/2016)
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:
Research, Development, Test, and Evaluation;
Operation and Maintenance;
Cooperative Threat Reduction;
Working Capital Funds;
the National Defense Sealift Fund;
Chemical Agents and Munitions Destruction;
Defense-Wide Drug Interdiction and Counter-Drug Activities;
the Defense Inspector General;
the Defense Health Program; and
the National Sea-Based Deterrence Fund.
The bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. OCO appropriations authorized in the bill support base budget requirements as well as OCO activities.
The bill authorizes the FY2017 personnel strengths for active duty and reserve forces and sets forth policies regarding:
compensation and other personnel benefits;
acquisition policy and management;
DOD organization and management;
civilian personnel matters;
matters relating to foreign nations;
cooperative threat reduction; and
strategic programs, cyber, and intelligence matters.
The bill authorizes appropriations and sets forth policies regarding military construction; base realignment and closure (BRAC) activities; and DOE national security programs, including the National Nuclear Security Administration. The bill prohibits an additional BRAC round.
The bill includes provisions that affect the application of the Endangered Species Act to the greater sage grouse, the lesser prairie chicken, and the American burying beetle.
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.
DIVISION A–DEPARTMENT OF DEFENSE AUTHORIZATIONS
Subtitle A–Authorization of Appropriations
(Sec. 101) Authorizes appropriations to the Department of Defense (DOD) for Procurement at the levels identified in section 4101 of this bill.
Subtitle B–Army Programs
(Sec. 111) Authorizes the Army to enter into one or more multiyear contracts for AH-64E Apache helicopters beginning in FY2017.
(Sec. 112) Authorizes the Army to enter into one or more multiyear contracts for UH-60M and HH-60M Black Hawk helicopters beginning in FY2017.
(Sec. 113) Requires DOD, in consultation with the Army, to assess and report to Congress on the capabilities of the Army with respect to:
AH-64 Apache-equipped attack reconnaissance battalions;
air defense artillery;
chemical, biological, radiological, and nuclear capabilities and modernization needs;
changes in doctrine and war plans consistent with DOD policy on cluster munitions and unintended harm to civilians;
fuel distribution and water purification;
watercraft and port-opening;
transportation capacity and responsiveness;
military police; and
tactical mobility and tactical wheeled vehicle capacity.
(Sec. 114) Increases the funding authorized by this bill to be appropriated to the Army for the Surface-To-Air Missile System–MSE Missile. Decreases the funding authorized to be appropriated to the Department of Energy for Defense Nuclear Nonproliferation R&D–Material Management and Minimization.
Subtitle C–Navy Programs
(Sec. 121) Provides economic order quantity authority for the construction of two Ford-class aircraft carriers and incremental funding authority for the nuclear refueling and complex overhaul of five Nimitz-class aircraft carriers.
(Sec. 122) Expresses the sense of Congress on the Navy’s aircraft carrier procurement schedules.
(Sec. 123) 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. 124) Authorizes the Navy to enter into and incrementally fund a contract for design and construction of the replacement dock landing ship designated LX(R) or the amphibious transport dock designated LPD-29.
(Sec. 125) Authorizes the Navy to enter into a contract for the procurement of up to 45 Ship to Shore Connector craft.
(Sec. 126) Prohibits the Navy from selecting a single contractor for the Littoral Combat Ship or any successor frigate class ship program until the Navy certifies to Congress that a selection of a single contractor will be conducted using competitive procedures and for the limited purpose of constructing a frigate class ship.
(Sec. 127) Requires the Navy to report to Congress on the future capabilities for the P-8 Poseidon aircraft.
Subtitle D–Air Force Programs
(Sec. 131) Strikes the requirement for DOD to report annually to Congress on aircraft inventory.
(Sec. 132) Amends the National Defense Authorization Act for Fiscal Year 2013 to repeal the requirement for the Air Force to continue to preserve certain C-5 aircraft in a storage condition that would allow a recall of retired aircraft to future service in the Air Force Reserve, Air National Guard, or Active Force structure.
(Sec. 133) Amends the National Defense Authorization Act for Fiscal Year 2007 to repeal the requirement for certain F-117 aircraft to be maintained in a condition that would allow the aircraft to be recalled to future service.
(Sec. 134) Prohibits the Air Force from using FY2017 funds to retire the A-10 Aircraft and requires the Air Force to maintain a minimum of 171 A-10 aircraft designated as primary mission aircraft inventory.
Prohibits the Air Force from significantly reducing the manning levels for any A-10 aircraft squadron or division until the Director of Operational Test and Evaluation and the Secretary of the Air Force submit to Congress reports on the initial operational test and evaluation of the F-35 aircraft program, as well as the comparison test and evaluation that examines the capabilities of the F-35A and A-10C.
(Sec. 135) Prohibits the retirement of Joint Surveillance Target Attack Radar System aircraft in FY2018, except for aircraft that the Air Force determines to be non-operational because of mishaps, other damage, or being uneconomical to repair.
(Sec. 136) Requires DOD to report to Congress on the cost of the B-21 aircraft.
(Sec. 137) Prohibits the Air Force from using funds to retire, prepare to retire, or place in storage or on backup aircraft inventory status any U-2 aircraft.
Subtitle E–Defense-Wide, Joint, and Multiservice Matters
(Sec. 141) Amends the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 to terminate the requirement for quarterly reports on the use of combat mission requirements funds.
(Sec. 142) Requires the Army and the Navy to issue guidance regarding fire suppressant and fuel containment standards for certain vehicles.
(Sec. 143) Requires DOD to report to Congress on the munitions strategy for the combatant commands.
(Sec. 144) Requires the Government Accountability Office (GAO) to report on the sustainment support structure for the F-35 Lightning II aircraft program.
(Sec. 145) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to brief Congress on the acquisition strategy for the Ground Mobility Vehicle for use with the Global Response Force.
(Sec. 146) Requires DOD, if the Army and the Marine Corps are each using different variants of 5.56mm rifle ammunition, to: (1) submit to Congress a report explaining the reasons for using different variants of the ammunition; and (2) ensure that, within one year of enactment of this bill, that the Army and the Marine Corps are using the same variant of the ammunition. Includes an exception for a state of emergency that requires the Army and the Marine Corps to use different variants of the ammunition.
TITLE II–RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A–Authorization of Appropriations
(Sec. 201) Authorizes appropriations for Research, Development, Test, and Evaluation at the levels identified in section 4201 of this bill.
Subtitle B–Program Requirements, Restrictions, and Limitations
(Sec. 211) Requires DOD to establish a Laboratory Quality Enhancement Program, under which panels will:
review and make recommendations with respect to: (1) existing policies and practices affecting the science and technology reinvention laboratories to improve the research output of the laboratories and (2) new initiatives proposed by the science and technology reinvention laboratories;
support implementation of initiatives affecting the science and technology reinvention laboratories; and
conduct assessments or data analysis on other issues as the Secretary determines to be appropriate.
(Sec. 212) Amends the Duncan Hunter National Defense Authorization Act of Fiscal Year 2009 to modify the authority for defense laboratories to use funds for research and development of technologies for military missions. Sets the level of funding at 3% of funds available to the defense laboratory, eliminates the termination date for the authority, and allows certain federally funded research and development centers to utilize the authority.
(Sec. 213) Requires the Navy to notify Congress before initiating certain rapid prototyping, experimentation, or demonstration activities.
(Sec. 214) Directs DOD to: (1) implement a quality assurance and quality control program for any facility producing biological select agents and toxins, and (2) report to Congress on the potential consolidation of facilities that work with biological select agents and toxins.
Requires the GAO to report on DOD’s: (1) progress in carrying out the quality assurance and quality control program, and (2) actions to address the findings and recommendations of the Army report titled “Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds.”
(Sec. 215) Requires DOD, in consultation with the Directors of National Intelligence and the Office of Personnel Management to: (1) develop and implement a new security clearance information technology architecture; and (2) issue guidance establishing the respective roles, responsibilities, and obligations of the Secretary and directors with respect to the development and implementation of the system.
Requires DOD to review laws, regulations, and executive orders relating to the maintenance of personnel security clearance information by the federal government.
(Sec. 216) Prohibits DOD from using FY2017 funds for research, development, and prototyping of the countering weapons of mass destruction situational awareness information system, known as ”Constellation” and requires the Chief Information Officer to report to Congress on the requirements and program plan for the system.
(Sec. 217) Limits the availability of funds for the Defense Innovation Unit Experimental (DIUx) until DOD submits a specified report to Congress on the DIUx.
(Sec. 218) 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.
(Sec. 219) Requires the Army to: (1) discontinue development efforts for any component of the Distributed Common Ground System (DCGS) of the Army after Increment 1 where commercial software exists that is capable of fulfilling at least 80% of the system requirements, and (2) review the acquisition strategy to ensure commercial software procurement is the preferred method for meeting program requirements.
Prohibits the Army from awarding any contract for the development of any capability for the distributed common ground system if the capability is available for purchase on the commercial market, except for certain minor capabilities.
(Sec. 220) Requires the Secretary of Defense to designate a senior DOD official as the official with principal responsibility for the development and demonstration of directed energy weapons and sets forth the responsibilities of the official for the programs.
Subtitle C–Reports and Other Matters
(Sec. 231) Requires DOD to develop a strategy to ensure that it has assured access to trusted microelectronics by not later than September 30, 2020.
(Sec. 232) Requires the Defense Information Systems Agency to establish a pilot program to evaluate commercially available information technology tools to better understand and characterize their potential impact on DOD networks and computing environments through prototyping, experimentation, operational demonstration, military user assessment, or other means to obtain quantitative and qualitative feedback.
(Sec. 233) Requires the Assistant Secretaries of the Army, Navy, and Air Force to jointly carry out a pilot program to demonstrate methods for the more effective development of research, development, test, and evaluation functions.
(Sec. 234) Permits DOD to carry out a pilot program on the modernization of spectrum warfare systems and electronic warfare systems.
(Sec. 235) Requires the Navy to establish an independent review team to review the Navy’s data on, and mitigation efforts related to, the increase in F/A-18 physiological events since January 1, 2009.
(Sec. 236) Requires DOD to seek to enter into a contract with a federally funded research and development center to conduct a study on technologies with the potential to prevent and mitigate helicopter crashes.
(Sec. 237) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics, acting through the Electronic Warfare Executive Committee, to report to Congress on DOD electronic warfare capabilities.
TITLE III–OPERATION AND MAINTENANCE
Subtitle A–Authorization of Appropriations
(Sec. 301) Authorizes appropriations for Operation and Maintenance activities at the levels identified in section 4301 of this bill.
(Sec. 302) Increases the Operation and Maintenance–Defense-wide funds authorized by this bill be appropriated for Civil Military Programs (to be used in support of the National Guard Youth Challenge Program).
Subtitle B–Energy and Environment
(Sec. 311) Amends the Energy Independence and Security Act of 2007 to specify that requirements regarding the lifecycle greenhouse gas emissions associated with alternative fuels do not constrain any conventional or unconventional fuel procurement necessary for military operations.
(Sec. 312) Authorizes the Army to: (1) provide for the production, treatment, management, and use of natural gas located under Fort Knox, Kentucky, without regard to section 3 of the Mineral Leasing Act for Acquired Lands; (2) enter into a contract with an appropriate entity to carry out the activities; and (3) take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Army has entered into a contract in accordance with the terms of the contract. Requires any natural gas produced under this authority to be used only to support activities and operations at Fort Knox.
(Sec. 313) Requires the Army, in carrying out the disposal of munitions in the stockpile of conventional ammunition awaiting demilitarization and disposal (commonly referred to as munitions in the “B5A account”) to consider using cost-competitive technologies that minimize waste generation and air emissions as alternatives to disposal by open burning, open detonation, direct contact combustion, and incineration.
(Sec. 314) Expresses the sense of Congress that DOD should work with state and local health officials to prevent human exposure to perfluorinated chemicals (commonly referred to as PFCs).
(Sec. 315) Prohibits DOD from carrying out provisions of specified executive orders relating to: (1) preparing the United States for the impact of climate change, and (2) planning for federal sustainability in the next decade.
Subtitle C–Logistics and Sustainment
(Sec. 321) Authorizes a five-year pilot program to permit government-owned, contractor-operated industrial plants to participate in the Armament Retooling and Manufacturing Support (ARMS) Initiative. (The ARMS Initiative was created to allow the Army to rent portions of its ammunition plants that are not being used in production to commercial companies.)
(Sec. 322) Requires the Navy to submit to Congress quarterly assessments of Naval ship maintenance and loading activities carried out by private sector entities at specified ports.
(Sec. 323) Limits funding for the Defense Contract Management Agency (DCMA) until the DCMA Director briefs Congress on the agency’s plan to foster the adoption, implementation, and verification of DOD’s revised Item Unique Identification policy across DOD and the defense industrial base.
(Sec. 331) Modifies and extends requirements for annual DOD reports related to energy management, including the Annual Report Related to Installations Energy Management and the Annual Report Related to Operational Energy.
(Sec. 332) Requires DOD to report to Congress on weapons, weapons systems, components, subcomponents, and end-items purchased from foreign entities that could be manufactured domestically in depots or arsenals as well as a plan for moving the workload into those arsenals or depots.
Authorizes a two-year pilot program to permit Army arsenals to adjust their labor rates charged to customers based upon changes in workload and other factors. Requires DOD to brief Congress on specified information related to labor rates.
(Sec. 333) Requires DOD to report to Congress on the travel expenses of members of the reserve components.
Subtitle E–Other Matters
(Sec. 341) Adds the Explosive Ordnance Disposal Corps to the list of basic Army branches.
(Sec. 342) Establishes the Explosive Ordnance Disposal Program to ensure close and continuous coordination between the military departments on matters relating to explosive ordnance disposal.
(Sec. 343) Requires the Department of Transportation to: (1) require a person to give public notice of the construction, alteration, establishment, or expansion of a structure if the notice will promote the interests of national security as determined by DOD; and (2) include national security interests in conducting certain required aeronautical studies and reports.
(Sec. 344) Requires the Army and Marine Corps to develop a joint acquisition strategy to provide more effective personal protective equipment and organizational clothing and equipment to meet the specific and unique requirements for female Marines and soldiers.
(Sec. 345) Requires DOD to enter into a contract with a federally funded research and development center for an independent study on the space-available travel system of DOD.
(Sec. 346) Exempts certain small business manufacturers of specialty motors from the requirements of specified federal regulations regarding energy conservation standards.
(Sec. 347) Limits the availability of funds for the Office of the Under Secretary of Defense for Policy until DOD establishes and implements a process for members of the Armed Forces to carry appropriate firearms on military installations.
(Sec. 348) Requires DOD to evaluate the need for proven safety technology in vehicles transporting Transportation Protective Services shipments, such as electronic logging devices, roll stability control, forward collision avoidance, lane departure warning systems, and speed limiters.
(Sec. 349) Requires DOD to brief Congress on the well-drilling capabilities of the active and reserve components.
(Sec. 350) Encourages DOD to enter into contracts with third-party vendors to provide certain members of the Armed Forces deployed overseas with free access to wireless high-speed Internet and network connections.
(Sec. 351) Requires DOD to implement a formal process to provide government agencies outside DOD with information on the availability of surplus, serviceable ammunition for the purpose of reducing the overall storage and disposal costs related to the ammunition.
(Sec. 352) Increases the funds authorized by this bill for Drug Interdiction and Counter-Drug Activities–Defense-Wide (to be used in support of the National Guard counter-drug programs). Decreases the funds authorized by this bill for specified Aircraft Procurement–Navy; and Research, Development, Test, and Evaluation accounts.
TITLE IV–MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A–Active Forces
(Sec. 401) Authorizes specified end strengths for Active Duty personnel of the Armed Forces.
(Sec. 402) Establishes new minimum Active Duty end strengths for the Army, Navy, Marine Corps, and Air Force.
Subtitle B–Reserve Forces
(Sec. 411) Authorizes specified end strengths for Selected Reserve personnel.
(Sec. 412) Authorizes specified end strengths for Reserves on Active Duty in support of the Reserves.
(Sec. 413) Authorizes specified end strengths for military technicians (dual status).
(Sec. 414) Establishes the maximum end strengths for the Reserve Components of the Army and Air Force for non-dual status technicians.
(Sec. 415) Authorizes the maximum number of Reserve Component personnel who may be on Active Duty or full-time National Guard duty during FY2017 to provide operational support.
(Sec. 416) Expresses the sense of Congress that an adequately supported, full-time support force consisting of active and reserve personnel and military technicians for the Army National Guard is essential to maintaining the readiness of the Army National Guard.
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) Authorizes adjustments to the number and distribution of Marine Corps general officers, including: an increase in the number of general officers in the grade above major general, a decrease in the number of general officers in the grade of major general, and an increase in the number of deputy commandants.
(Sec. 502) Authorizes the Secretaries of the military departments to consider officers for involuntary separation below the grade of lieutenant colonel or commander as a single, consolidated year group without distinctions based on retirement eligibility.
(Sec. 503) Permits the Secretary of Defense or the Secretary of Homeland Security (the department in which the Coast Guard is operating) to drop from the rolls of the armed forces a commissioned officer who:
has been absent without authority for at least three months,
may be separated by reason of a sentence to confinement adjudged by a court-martial, or
is sentenced to confinement in a federal or state penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
Subtitle B–Reserve Component Management
(Sec. 511) Amends the National Defense Authorization Act for Fiscal Year 2014 to extend for three years authorities for the transfer of officers between the Active and Inactive National Guard.
(Sec. 512) Amends the National Defense Authorization Act for Fiscal Year 2016 to extend the authority for the Air Force to use Active Guard and Reserve personnel and dual status military technicians to provide training and instruction regarding pilot training.
(Sec. 513) Authorizes DOD to order forces to Active Duty during the year of execution if DOD identifies manpower and associated costs for the year of execution and provides a 30-day notice to Congress.
(Sec. 514) Exempts military dual-status technicians from civilian employee furloughs.
(Sec. 515) Requires DOD to establish an electronic means by which members of the Ready Reserve of the Armed Forces can track their operational active-duty service performed after January 28, 2008.
Subtitle C–General Service Authorities
(Sec. 521) Makes technical corrections to the annual authorization of personnel strengths.
(Sec. 522) Provides leave for dual military couples to adopt a child.
(Sec. 523) 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. 524) Permits notaries to execute military testamentary instruments. Extends federal notary powers to civilian paralegals working within military legal assistance offices.
(Sec. 525) Makes technical corrections to provisions regarding voluntary separation pay and benefits.
(Sec. 526) Requires the Secretaries of the military departments to notify service members with dependents annually, and prior to deployment, of the child custody protections guaranteed under the Servicemembers Civil Relief Act.
(Sec. 527) Requires the Army to carry out a pilot program to consolidate the recruiting efforts of the Army, Army Reserve, and Army National Guard under which a recruiter in one of the components may recruit individuals to enlist in any of the components and receive credit toward enlistment goals for each enlistment regardless of the component in which the individual enlists.
(Sec. 528) Requires DOD to report to Congress on the current and future need for a centralized registration system under the Military Selective Service Act.
(Sec. 529) Authorizes: (1) 14 days of leave for a member of the Armed Forces who becomes a parent when the member’s spouse gives birth; and (2) 36 days of leave, to be shared between two members of the Armed Forces who are married to each other and adopt a child.
Subtitle D–Military Justice, Including Sexual Assault and Domestic Violence Prevention and Response
(Sec. 541) Requires DOD military and civilian personnel working on military installations, who are otherwise required by law to report suspected instances of child abuse and neglect to their chain of command, to also promptly notify State Child Protective Services.
(Sec. 542) Extends through 2021 the requirement for the annual report of the Sexual Assault Prevention and Response Office and requires the release to coincide with the release of the Family Advocacy Report.
(Sec. 543) Requires DOD to submit to Congress annually a report including the child abuse and domestic abuse incident data contained in the Family Advocacy Program central registry for the previous year and an analysis of the effectiveness of the Family Advocacy Program.
(Sec. 544) Requires DOD to establish a comprehensive data collection system for reports related to hazing in the Armed Forces. Requires the Secretary of each military department to improve training to better recognize, prevent, and respond to hazing.
(Sec. 545) Specifies the burden of proof that applies for investigations of prohibited retaliatory personnel actions.
(Sec. 546) Requires DOD to ensure that any individual investigating an allegation of retaliation is trained in the definition and characteristics of retaliation, and where applicable, the characteristics of sex-related offenses.
(Sec. 547) Requires the Secretary of each military department to establish a career military justice litigation track for judge advocates in the Armed Forces under the jurisdiction of the Secretary.
Subtitle E–Member Education, Training, and Transition
(Sec. 561) Revises the requirements for credentialing programs used in connection with programs that enable members of the Armed Forces to obtain professional credentials.
(Sec. 562) Authorizes DOD to establish cyber institutes at each of the senior military colleges and each of the Reserve Officer Training Corps institutions selected for partnership by the cyber institutes at the individual service academies to accelerate the development of expertise in critical cyber operational skills for future leaders of the armed forces and DOD.
(Sec. 563) Requires DOD and DHS to jointly report on the steps the departments have taken to: (1) maximize the extent to which Armed Forces service, training, and qualifications are creditable towards U.S. merchant mariner licenses and certifications; and (2) to promote awareness among Armed Forces personnel serving in vessel operating positions of the requirements for post-service use of training, education, and practical experience from service in the Armed Forces in satisfying requirements for merchant mariner licenses and certifications.
(Sec. 564) Permits DOD to hire staff for professional military education courses regardless of course length.
(Sec. 565) Permits a person who legally changes their name to reflect their gender identity after separation from the Armed Forces to receive a new certificate of discharge or acceptance of resignation order under the new name.
(Sec. 566) Permits DOD to carry out a pilot program to enhance efforts to provide job placement assistance and related employment services directly to members in the National Guard and Reserves.
(Sec. 567) Prohibits DOD from establishing, maintaining, or supporting a Reserve Officers’ Training Corps unit at an educational institution that displays the Confederate battle flag except where the board of visitors has voted to take down the flag.
(Sec. 568) Requires the GAO to report to Congress on the demographic composition of service academies.
(Sec. 569) Requires the preseparation counseling provided to members of the Armed Forces being discharged to include information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse.
(Sec. 569A) Requires the Department of Labor to include in the Transition Assistance Program information regarding the deduction of disability compensation paid by the Department of Veterans Affairs by reason of voluntary separation pay received by the member.
(Sec. 569B) Requires the Under Secretary of Defense for Personnel and Readiness to submit to Congress and make available to the public, a report evaluating the success of the Job Training, Employment Skills Training, Apprenticeships, and Internships (known as JTEST-AI) and SkillBridge initiatives, under which civilian businesses and companies provide training or internship opportunities to members of the Armed Forces who are being separated from the Armed Forces.
(Sec. 569C) Requires congressional notification in advance of appointments to service academies.
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 DOD to provide support to nonprofit organizations that carry out camp or camp-like programs for children of military families who have experienced the death of a family member or other loved one or who have another family member living with a substance use disorder or post-traumatic stress disorder.
(Sec. 573) Specifies requirements for applying the amendments made by the Every Student Succeeds Act with respect to Impact Aid payments for federally connected children in FY2016, FY2017, and each succeeding year.
(Sec. 574) Permits a relocating spouse of a member of the Armed Forces to remain eligible for a noncompetitive appointment for the duration of the spouse’s relocation to the permanent duty station of the member.
Subtitle G–Decorations and Awards
(Sec. 581) Requires the Secretaries of the military departments to review the service records of certain Asian American and Native American Pacific Islander veterans from the Korean War and Vietnam War to determine if the Medal of Honor is appropriate. Waives the statute of limitations for the award if the Secretary concerned determines that the records support the award of the Medal of Honor.
(Sec. 582) Waives the statutory time limitation to permit the President to award specified medals to a member or former member of the Armed Forces identified as warranting award of that medal pursuant to the review of valor award nominations for Operation Enduring Freedom, Operation Iraqi Freedom, Operation New Dawn, Operation Freedom’s Sentinel, and Operation Inherent Resolve that was directed by the Secretary of Defense.
(Sec. 583) Waives the statutory time limitation to allow the President to award the Medal of Honor to Gary M. Rose, who served in the Army during the Vietnam War.
(Sec. 584) 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. 585) Waives the statutory time limitation to allow the Secretary of the Army to award the Distinguished Service Cross to First Lieutenant Melvin M. Spruiell, who served in the Army during World War II.
Subtitle H–Miscellaneous Reports and Other Matters
(Sec. 591) Requires the Army to: (1) ensure that the cremated remains of an individual, whose service has been determined to be Active Duty service, are eligible for inurnment with military honors in Arlington National Cemetery, and (2) report to Congress on the interment and inurnment capacity of Arlington National Cemetery.
(Sec. 592) Requires enlisted or retired enlisted members of the Armed Forces to be represented on any board, council, or committee established to make recommendations regarding military personnel issues.
(Sec. 593) Requires DOD to review the current body mass index test procedure used by the Armed Forces and other methods to measure body fat with a more holistic health and wellness approach.
(Sec. 594) Requires information to be provided during transition separation counseling concerning options for donating brain tissue at the time of the member’s death for chronic traumatic encephalopathy research.
(Sec. 595) Recognizes women who have served in or are currently serving in the Armed Forces.
(Sec. 596) Expresses the sense of Congress that DOD should enhance access to intensive medical and mental health treatment of male victims of sexual assault, look for opportunities to use them as presenters at prevention training, and ensure medical and mental health providers are trained to meet the needs of male victims.
(Sec. 597) Expresses the sense of Congress that a statute currently exists that permits DOD to enlist individuals who are not otherwise eligible for enlistment if the enlistment is vital to the national interest.
Protect Our Military Families’ 2nd Amendment Rights Act
(Sec. 598) Provides that, for the purpose of federal firearms laws, a member of the Armed Forces on active duty and the spouse of the member are residents of the state in which the permanent duty station of the member is located and that the spouse may satisfy the identification document requirements by presenting specified documents.
(Sec. 599) Requires DOD to establish a pilot program to demonstrate the feasibility of using portable, disposable alcohol breathalyzers and a cloud based server platform to collect data and monitor the progress of alcohol abuse prevention programs.
(Sec. 599A) Requires DOD to report to Congress on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military.
(Sec. 599B) Requires DOD to design and produce a military service medal, to be known as the “Atomic Veterans Service Medal,” to honor retired and former members of the Armed Forces who are radiation-exposed veterans.
(Sec. 599C) Requires DOD to submit to Congress a report detailing the information, assistance, and efforts to support and inform active duty members of the Armed Forces with respect to the rights and resources available under the Servicemembers Civil Relief Act regarding student loans.
(Sec. 599D) Excludes certain medical reimbursements and other expenses from the determination of annual income with respect to pensions for veterans, surviving spouses, and children of veterans.
(Sec. 599E) Expresses the sense of Congress on the desirability of a service-wide adoption of the Gold Star Installation Access Card.
(Sec. 599F) Modifies requirements of the Servicemembers’ Group Life Insurance program related to the effect that failing to notify a spouse in a timely manner regarding a member’s election not to be insured under the program has on the validity of the election or a beneficiary designation.
(Sec. 599G) Extends through FY2018 the DOD Suicide Prevention and Resilience Program.
TITLE VI–COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A–Pay and Allowances
(Sec. 601) Requires the rates of basic pay to be increased in accordance with provisions under current law permitting adjustments to monthly basic pay, notwithstanding a determination by the President of the need for an alternative adjustment.
(Sec. 602) Extends the authority of DOD to temporarily increase the rates of basic allowance for housing in areas impacted by natural disasters or experiencing a sudden influx of personnel.
(Sec. 603) Prohibits the Secretary concerned from altering the per diem allowance for the duration of a temporary duty assignment of a member of the Armed Forces or an employee of DOD.
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) Increases the statutory limits for the aviation incentive pay and retention bonus and allow the Secretary concerned the flexibility to increase the aviation incentive pay limit set forth in regulations issued by DOD.
(Sec. 617) Conforms the consolidated bonus amount to the current authorized amount of $20,000.
(Sec. 618) Makes technical and clerical amendments related to the 2008 consolidation of certain special pay authorities.
(Sec. 619) Corrects the computation of Combat-Related Special Compensation (CRSC) to match the National Defense Authorization Act for Fiscal Year 2016 enacted military retirement system reduction in the retirement base pay multiplier from 2.5% percent to 2% percent for the years of service formula to calculate retired pay to be restored by CRSC.
Subtitle C–Disability Pay, Retired Pay, and Survivor Benefits
(Sec. 621) Repeals a provision that added an additional definition of separation from government service for members of the military participating in the Thrift Savings Plan who have been discharged or released from service in the uniformed services.
(Sec. 622) 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. 623) Extends the Special Survivor Indemnity Allowance at $310 per month through FY2018.
(Sec. 624) Provides equal benefits under the Survivor Benefit Plan for members of the Reserve Component who die from an injury or illness incurred or aggravated in the line of duty during Inactive-Duty training and members of the Armed Forces who die in the line of duty while on Active Duty.
(Sec. 625) Changes the calculation concerning a service member’s retired pay in a division of property involving disposable retired pay.
Subtitle D–Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations
(Sec. 631) 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.
(Sec. 632) Requires DOD to ensure that: (1) commissary stores accept the Military Star Card as payment, and (2) the Army and Air Force Exchange Service assumes any U.S. financial liability relating to the acceptance of the card. (The Military Star Card is a credit card administered under the Exchange Credit Program by the Army and Air Force Exchange Service.)
Subtitle E–Travel and Transportation Allowances and Other Matters
(Sec. 641) 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. 642) Establishes a 10-year statute of limitations for DOD recovery of amounts owed to the United States by members of the uniformed services due to an overpayment of salaries and benefits or unpaid bills. Requires the Defense Finance and Accounting Service to quantify the lost revenue from this provision.
TITLE VII–HEALTH CARE PROVISIONS
Subtitle A–Reform of TRICARE and Military Health System
(Sec. 701) Requires DOD to establish TRICARE Preferred as a self-managed, preferred provider network option to replace TRICARE Standard and Extra. Establishes annual enrollment fees and fixed dollar copayments for Active Duty family members and retirees who join the armed services on or after January 1, 2018, and enroll in TRICARE Preferred or in TRICARE Prime (the managed care option). Authorizes DOD to establish an annual enrollment fee for TRICARE Preferred for beneficiaries who were in the Active Duty or retired categories prior to January 1, 2018.
(Sec. 702) Requires the Defense Health Agency (DHA) to be responsible for the administration of each military medical treatment facility, including:
health care administration and management,
administrative policy and procedure, and
any other matters the Secretary of Defense determines appropriate.
Requires DOD to establish within the DHA a professional staff to carry out this section. Permits DOD to establish an Assistant Director for Health Care Administration within the DHA.
Requires the commander of each military medical facility to be responsible for: (1) ensuring the readiness of the members of the armed forces and civilian employees at the facility, and (2) furnishing the health care and medical treatment provided at the facility.
(Sec. 703) Establishes requirements for military medical treatment facilities in order to support medical readiness of the Armed Forces and the readiness of medical personnel.
Requires DOD to submit to Congress: (1) a report updating the Military Health System Modernization Study to address the restructuring or realignment of military medical treatment facilities required by this bill, and (2) an implementation plan for restructuring or realigning the military medical treatment facilities.
(Sec. 704) Requires DOD to ensure that urgent care is available through 11:00 p.m. at military treatment facilities at locations that DOD determines to be appropriate. Requires that, if urgent care is unavailable at the military treatment facilities, access to urgent care through the TRICARE network providers must be available through 11:00 p.m. Eliminates the preauthorization requirement for urgent care.
(Sec. 705) Requires DOD to expand the primary care clinic hours at military treatment facilities during the week and on weekends beyond the standard business hours of the installation.
(Sec. 706) Authorizes DOD to develop and implement value-based incentive programs as part of TRICARE contracts to encourage health care providers to improve the quality of care and the experience of the covered beneficiaries.
(Sec. 707) Revises the criteria for partnership agreements between the military and local or regional health care systems to increase access to health care and readiness.
(Sec. 708) Requires DOD to submit to Congress an implementation plan to establish a Joint Trauma System within the DHA to improve trauma care for members of the Armed Forces and other individuals who are eligible to be treated for trauma at a military medical treatment facility.
(Sec. 709) Requires DOD to establish a Joint Trauma Education and Training Directorate to ensure that the traumatologists of the Armed Forces maintain readiness and are able to be rapidly deployed for future armed conflicts.
Requires DOD to: (1) enter into partnerships with civilian academic medical centers and large metropolitan teaching hospitals that have certain civilian trauma centers, and (2) conduct an analysis to determine the number of traumatologists of the Armed Forces, by specialty, that must be maintained within DOD to meet the requirements of the combatant commands.
(Sec. 710) Requires DOD to ensure that military medical treatment facilities implement and consistently practice the following requirements: first call resolution, standardized appointment scheduling, increased provider productivity, and managed appointment utilization through maximizing use of telehealth and secure messaging.
(Sec. 711) Requires DOD to adopt the core quality performance metrics agreed upon by the Core Quality Measures Collaborative (a collaborative group of federal agencies, health plans, national physician organizations, employers, and consumers) to evaluate the performance of the military health system and the TRICARE network.
(Sec. 712) Requires DOD to study options for providing health care coverage to certain current and former members of the Selected Reserve.
Subtitle B–Other Health Care Benefits
(Sec. 721) Requires DOD to sell hearing aids to dependents of retired members of the uniformed services.
(Sec. 722) Require members of the National Guard to be treated as if they were on Active Duty for purposes of coverage under TRICARE while performing disaster response duty, if the period immediately follows a period of full-time National Guard duty, unless a Governor determines that it is not in the best interest of the member or state.
Subtitle C–Health Care Administration
(Sec. 731) Requires DHS to make a prospective payment to DOD for treatment or care provided to members of the Coast Guard, former members of the Coast Guard, and their dependents at facilities under the jurisdiction of DOD except for any period during which the Coast Guard operates as a service in the Navy.
(Sec. 732) Requires DOD to: (1) review the prescribing practices at military treatment facilities of pharmaceutical agents for the treatment of post-traumatic stress, (2) monitor the prescribing of pharmaceutical agents that are discouraged from use under the VA/DOD Clinical Practice Guideline for Management of Post-Traumatic Stress, and (3) implement a plan to address any deviations from the guidelines.
(Sec. 733) Specifies requirements for using melfoquine for the prophylaxis of malaria when providing health care to members of the Armed Forces.
(Sec. 734) Requires DOD to: (1) ensure that TRICARE reimbursement rates for providers of applied behavior analysis are not less than the rates that were in effect on March 31, 2016; and (2) conduct a specified analysis to set future reimbursement rates for providers of applied behavior analysis.
Increases the Defense Health Care funding authorized by this bill for Private Sector Care. Decreases the Operation and Maintenance funds authorized by this bill for the Office of the Secretary of Defense.
Subtitle D–Reports and Other Matters
(Sec. 741) Requires DOD to: (1) develop a methodology that identifies which member of the military services are at high risk of suicide based on association with units that have a high rate of suicide, and (2) provide additional mental health resources to members who have deployed with the units.
(Sec. 742) Authorizes appropriations to award grants to medical researchers and universities to support research into early detection of chronic traumatic encephalopathy.
(Sec. 743) Requires DOD to consider using active oscillating negative pressure treatment for members of the Armed Forces who incur blast-related injuries.
(Sec. 744) Requires DOD to carry out a long-term study of career helicopter and tiltrotor pilots to assess potential links between the operation of helicopter and tiltrotor aircraft and acute and chronic medical conditions experienced by the pilots.
(Sec. 745) Authorizes DOD to conduct a pilot program to evaluate whether, in carrying out the TRICARE pharmacy benefits program, extending additional discounts for prescription drugs filled at retail pharmacies will maintain or reduce prescription drug costs for DOD.
(Sec. 746) Requires DOD to study the feasibility of displaying average wait times at urgent care clinics, pharmacies, and emergency rooms of military medical treatment facilities.
(Sec. 747) Requires DOD to report to Congress on the feasibility of furnishing acupuncture services and chiropractic services under the TRICARE program to beneficiaries who are retired members of the uniformed services (not including any dependent of the retired member).
(Sec. 748) Specifies the requirements for the submission of reports to Congress regarding a longitudinal study on the effects of traumatic brain injury incurred by members of the Armed Forces serving in Operation Iraqi Freedom or Operation Enduring Freedom.
(Sec. 749) Requires the DOD Office of Health to collaborate with the National Institutes of Health to identify and provide specified information related to triple negative breast cancer.
(Sec. 750) Requires DOD to conduct specified studies on preventing the diversion of opioid medications.
TITLE VIII–ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A–Amendments to General Contracting Authorities, Procedures, and Limitations
(Sec. 801) Revises authorities related to the DOD Test Resource Management Center to limit the application of existing law to the Major Range and Test Facility Base and those test and evaluation facilities that are used to support the acquisition programs of DOD. Prevents reporting requirements from being broadened to small laboratory and educational test and evaluation facilities. Defines the term “significant change” in test and evaluation facilities.
(Sec. 802) Amends the restrictions on undefinitized contractual actions. Requires DOD to consider the cost risk to the contractor as of the date that a qualifying proposal to definitize a contract was submitted if the contract was not then definitized within the statutory 180-day period. Applies the 180-day definitization period to foreign military sales contracts. Defines a qualifying proposal as a proposal that contains sufficient information to enable a meaningful audit of the definitization proposal.
(Sec. 803) Revises requirements related to DOD’s accounting for and reporting of contracts for services.
(Sec. 804) Specifies that the source selection criteria to be used in the procurement of personal protective equipment or critical safety items are criteria that: (1) are predominately based on technical qualifications of the item and not predominately based on price, (2) do not use reverse auction or lowest price technically acceptable contracting methods, and (3) reflect a preference for best value source selection methods.
(Sec. 805) Removes the retroactive application requirement for the cap on the allowable compensation of contractor employees. (As a result, the cap would apply to compensation costs incurred after January 1, 2012, under contracts entered into on or after December 31, 2011.)
(Sec. 806) Revises requirements for the detection and avoidance of counterfeit electronic parts to require contractors and DOD to meet certain requirements using “suppliers that meet anticounterfeiting requirements” rather than “trusted suppliers.”
(Sec. 807) Expands the permissible uses of special emergency procurement authorities to include support of international disaster assistance and support of a national emergency or natural disaster relief efforts in the United States as defined by the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(Sec. 808) 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. 809) Establishes a procurement policy checklist to ensure accountability in the acquisition of services and specifies requirements for the checklist.
(Sec. 809A) Extends for one year the cap on the total spending for services contracts.
(Sec. 809B) Extends the authority for the enhanced transfer of technology developed at DOD laboratories.
Subtitle B–Provisions Relating to Major Defense Acquisition Programs
(Sec. 811) Changes the date that the comprehensive annual Selected Acquisition Reports are due to Congress.
(Sec. 812) Specifies that the Office of Cost Assessment and Program Evaluation (CAPE) conducts or approves independent cost estimates (ICEs) for all major defense acquisition programs and major automated information systems. Authorizes CAPE to approve ICEs conducted by the military departments. Requires CAPE to develop policies, procedures, guidance, and a collection method to ensure that acquisition cost data are collected in a standardized format that facilitates cost estimation and comparison across acquisition programs. Requires assessments of risk and potential consequences in ICEs, instead of the current reporting of confidence intervals.
(Sec. 813) Removes the requirement for the milestone decision authority, prior to milestone B (initiates engineering and manufacturing development) approval, to determine affordability and funding levels for a major defense acquisition program relative to the Future Years Defense Program submitted during the year in which the determination is made.
(Sec. 814) Requires DOD to review the extent to which sustainment matters are considered in decisions related to the requirements, acquisition, cost estimating, and programming and budgeting processes for major defense acquisition programs.
(Sec. 815) Adds the Secretaries of the military departments to the list of people who receive and may comment on the annual report of the Director of Operational Test and Evaluation. Extends the annual report through January 31, 2021.
Subtitle C–Provisions Relating to Commercial Items
(Sec. 821) Expands the types of nondevelopmental items that may be considered commercial items to include items that the procuring agency determines were developed at private expense and sold in substantial quantities on a competitive basis to foreign governments.
(Sec. 822) Requires DOD procurement officials to conduct or obtain market research when determining price reasonableness for commercial items.
(Sec. 823) Permits contractors to submit information or analysis pertaining to the value of a commercial item when responding to solicitations. Permits contracting officers to consider value analysis, in addition to historic pricing data, when determining price reasonableness for commercial items.
(Sec. 824) Expands DOD centralized records relating to commercial item determinations to include market research and price reasonableness analysis. Eliminates the requirement that the records be publicly accessible.
(Sec. 825) 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 D–Other Matters
(Sec. 831) Requires DOD to enter into a contract with an independent entity to conduct a review of the bid protest processes related to major defense acquisition programs.
(Sec. 832) Requires the GAO to report on the use by DOD of indefinite delivery contracts entered into during FY2015-FY2017.
(Sec. 833) Requires DOD to review contractual flow-down provisions related to major defense acquisition programs.
(Sec. 834) Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to review the policy, guidance, regulations, and training related to specifications included in information technology acquisitions to ensure that current policies eliminate the unjustified use of potentially anti-competitive specifications.
(Sec. 835) Specifies the roles and functions of officials involved in Coast Guard major acquisition programs, including: the Chief Acquisitions Officer, the Acquisition Directorate, and the Vice Commandant of the Coast Guard.
Prohibits the Coast Guard from awarding a contract for the design of an unmanned aerial system (UAS) for use by the Coast Guard. Requires the Coast Guard to use and operate only UASs that have already been acquired by either DOD or DHS.
Permits the Coast Guard to extend major acquisition program contracts if the GAO finds that extending a current contract would be more cost effective than awarding a new contract.
Requires the Commandant to report to Congress on how the Commandant can play a more appropriate role in the acquisitions process with regard to policies, requirements, and implementing a more customer-oriented acquisition system.
Requires the Secretary for the department in which the Coast Guard is operating to submit to Congress an analysis of multiyear procurement authorities for the procurement of at least five Fast Response Cutters (beginning with hull 43) and Offshore Patrol Cutters (beginning with hull 5).
(Sec. 836) Waives congressional notification requirements regarding the acquisition of a higher quantity of tactical missiles and munitions than is specified in law.
(Sec. 837) Authorizes the Navy to close out specified older contracts to assist in obtaining a clean financial audit.
(Sec. 838) Requires certain auxiliary ship components to be procured from a manufacturer in the national technology and industrial base.
(Sec. 839) Permits DOD to reduce from $400 million to $0 the threshold for the amount that must be credited to the Defense Acquisition Workforce Development Fund during FY2017.
(Sec. 840) 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. 841) Requires DOD to select service providers for auditing services and audit readiness services based on the best value, as determined by the resource sponsor for an auditing contract, rather than based on the lowest price technically acceptable service provider.
(Sec. 842) Modifies the justification and approval process for sole-source contracts valued at $20 million or greater.
(Sec. 843) Requires DOD to brief Congress on the use and implementation of the two-phase design-build selection procedures for defense contracts.
(Sec. 844) Prohibits any DOD function performed by DOD civilian employees and tied to a certain military base from being converted to contractor performance until DOD assesses whether it has carried out sufficient outreach programs to assist small business concerns owned and controlled by women or socially and economically disadvantaged individuals that are located near the military base.
(Sec. 845) Requires the GAO to include in its annual report to Congress a list of the most common grounds for sustaining bid protests during the year.
(Sec. 846) Revises the effective dates for amendments related to the Under Secretary of Defense for Business Management and Information that were included in the Carl Levin and Howard P. “Buck” Mckeon National Defense Authorization Act for Fiscal Year 2015.
(Sec. 847) 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. 848) Requires the GAO to study and report on DOD procurement contracts awarded to minority-owned and women-owned businesses during FY2010-FY2015.
TITLE IX–DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A–Goldwater-Nichols Reform
(Sec. 901) Expresses the sense of Congress regarding the principles that should be adhered to in any reform of the Goldwater-Nichols Department of Defense Reorganization Act of 1986.
(Sec. 902) Repeals a requirement for DOD to conduct a comprehensive examination of the national defense strategy.
(Sec. 903) Establishes the Commission on the National Defense Strategy for the United States to examine and make recommendations with respect to the national defense strategy for the United States.
(Sec. 904) Revises the requirements for the defense strategic and policy guidance that the Secretary of Defense is required to provide to the heads of DOD components. Requires the Secretary of Defense to provide:
written strategic guidance every four years to DOD components that expresses the national defense strategy;
written policy guidance annually to DOD components that provides program and budget guidance for the development of the force;
written policy guidance every two years or more frequently, as needed, to the Chairman of the Joint Chiefs of Staff that provides contingency planning guidance; and
a copy of all written guidance described above to Congress.
(Sec. 905) Requires the Chairman of the Joint Chiefs of Staff to prepare a new National Military Strategy or update a previous one during each even-numbered year. Requires the strategy to support the objectives of national security and defense strategic guidance issued by the President and the Secretary of Defense, and, at a minimum, focus on:
developing military ends, ways, and means to support national security objectives;
assessing strategic and military risks, and developing risk mitigation options;
establishing a strategic framework for the development of operational and contingency plans;
prioritizing joint force capabilities, capacities, and resources; and
establishing military guidance for the development of the joint force.
(Sec. 906) Amends the requirements for an independent study of the national security strategy formulation process to add a requirement to address the workforce responsible for conducting strategic planning and examine how Congress fits into the strategy formulation process.
(Sec. 907) Extends from two to four years the term of office of the Chairman of the Joint Chiefs of Staff. Prohibits the reappointment of the Chairman to additional terms, except during a time of war. Limits the combined period of service of an officer serving as Chairman or Vice Chairman of the Joint Chiefs of Staff to eight years.
(Sec. 908) Specifies that the responsibilities of the Chairman of the Joint Chiefs Staff include providing advice to: (1) the President and the Secretary of Defense on ongoing military operations, and (2) to the Secretary on the allocation and transfer of forces among combatant commands.
(Sec. 909) Allows U.S. military forces within the continental United States to be assigned to a military department as directed by the Secretary of Defense.
(Sec. 910) Specifies that the grade of an officer serving as the commander of a service or functional component command may not be higher than lieutenant general or vice admiral. Requires the total number of officers in the grade of general or admiral on active duty to be reduced by five positions.
(Sec. 911) Establishes a unified combatant command for cyber operations to prepare cyber operations forces to carry out assigned missions.
(Sec. 912) Reduces the joint duty assignment tour length to a minimum of two years for officers of all ranks, and removes the statutory requirement for services to maintain a tour length average.
(Sec. 913) Revises the definitions used for joint officer management, including the definitions of “joint matters,” “integrated forces,” and “joint duty assignment.”
(Sec. 914) Requires DOD to enter into a contract for an independent assessment of combatant command structure, and to provide recommendations for improving the overall effectiveness of combatant command structures.
Subtitle B–Other Matters
(Sec. 921) Modifies the requirements for the annual report from the Office of Corrosion Policy and Oversight.
(Sec. 922) Authorizes the Joint Special Operations University to employ civilian faculty members.
(Sec. 923) Establishes guidelines for using military personnel for functions currently being performed by civilian personnel or contractors.
(Sec. 924) Requires the DOD Inspector General to publicly release reports of administrative investigations that confirm misconduct of members of the Senior Executive Service, schedule C employees, or commissioned officers in the Armed Forces in pay grades O-6 promotable and above.
(Sec. 925) Removes responsibility for recovering personnel who are missing during current operations or activities from the Defense POW/MIA Accounting Agency.
(Sec. 926) Amends the National Security Act of 1947 to require the President’s appointment of the National Security Adviser to be subject to Senate confirmation if the National Security Council staff exceeds 100 employees.
Subtitle C–Department of the Navy and Marine Corps
(Sec. 931) Redesignates the Department of the Navy as the Department of the Navy and Marine Corps. and redesignates the Secretary of the Navy as the Secretary of the Navy and Marine Corps. Requires other specified statutory offices to be redesignated.
(Sec. 932) Makes conforming amendments consistent with the redesignation of the Department of the Navy as the Department of the Navy and Marine Corps.
(Sec. 933) Amends other provisions of law and other references consistent with the redesignation of the Department of the Navy as the Department of the Navy and Marine Corps and the redesignation of the Secretary of the Navy as the Secretary of the Navy and Marine Corps.
(Sec. 934) Specifies the effective date for this subtitle.
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) Reduces the unobligated balance of the Defense Acquisition Workforce Development Fund by $475 million.
Subtitle B–Counter-Drug Activities
(Sec. 1011) Extends the authority of DOD to provide assistance to support counterdrug activities of foreign governments.
(Sec. 1012) Authorizes the Secretary of Defense to review and approve the curriculum and program structure of each of the National Guard counterdrug schools.
(Sec. 1013) Extends by one year the authority to support the unified counterdrug and counterterrorism campaign in Colombia.
(Sec. 1014) Requires DOD to coordinate unmanned aerial systems training missions along the southern border of the United States in order to support DHS’s counter-narcotic trafficking efforts.
(Sec. 1015) Increases the amounts authorized by this bill for Drug Interdiction and Counterdrug Activities–Defense-wide. Decreases the Operation and Maintenance funds authorized by this bill for administration and servicewide activities of the Defense Logistics Agency.
(Sec. 1016) Requires DOD to report to Congress on the effectiveness of the U.S. Southern Command Operation to limit threats to U.S. national security by detecting and monitoring drug trafficking, specifically heroin and fentanyl.
Subtitle C–Naval Vessels and Shipyards
(Sec. 1021) Expands from six to ten months the definition of “short-term work” with respect to the overhaul, repair, or maintenance of naval vessels.
(Sec. 1022) Requires shipbuilding contracts to include warranty of work for a period of at least one year. Permits a contracting officer to waive this requirement if a limited liability of warranted work is in the best interest of the government.
(Sec. 1023) Extends through 2018 the authority for DOD to transfer specified funds to the National Sea-Based Deterrence Fund. Permits the Navy to use the fund for the multiyear procurement of critical components to support continuous production. Revises the definition of a national sea-based deterrence vessel.
(Sec. 1024) Prohibits the Navy from using funds to retire a cruiser or dock landing ship or to place in a modernization status more than six cruisers and one dock landing ship. Limits the availability of funds for the Office of the Secretary of Defense until the Navy enters into contracts for: (1) the modernization of four cruisers and one dock landing ship, and (2) the procurement of combat systems upgrades associated with six cruisers.
(Sec. 1025) Prohibits the Navy from performing any overhaul, repair, or maintenance work that takes longer than six months in foreign shipyards.
(Sec. 1031) Requires the Secretary of Defense to provide monthly counterterrorism operations briefings to Congress.
(Sec. 1032) Prohibits DOD from using funds to transfer or release detainees at U.S. Naval Station, Guantanamo Bay, Cuba, (Guantanamo) to or within the United States, its territories, or possessions.
(Sec. 1033) Prohibits DOD from using funds to construct or modify any facility in the United States, its territories, or possessions to house any detainee transferred from Guantanamo for the purposes of detention or imprisonment in the custody or under the effective control of DOD.
(Sec. 1034) Prohibits DOD from using funds to transfer, release, or assist in the transfer or release of any individual detained at Guantanamo to Libya, Somalia, Syria, or Yemen.
(Sec. 1035) Prohibits DOD from using funds for the closure or abandonment of Guantanamo, the relinquishment of control of Guantanamo to Cuba, or the implementation of a material modification to the Treaty Between the United States of America and Cuba that constructively closes Guantanamo.
(Sec. 1036) Modifies congressional notification requirements for sensitive military operations.
(Sec. 1037) Requires DOD to submit to Congress a comprehensive strategy for the detention of current and future individuals captured and held pursuant to the Authorization for Use of Military Force pending the end of hostilities. (The law authorized the President to use force in response to the terrorist attacks that occurred in the United States on September 11, 2001.)
(Sec. 1038) Requires the Director of National Intelligence to: (1) complete a declassification review of certain intelligence reports regarding the past terrorist activities of detainees transferred from U.S. Naval Station, Guantanamo Bay, Cuba; and (2) make available to the public any information declassified as a result of the review.
(Sec. 1039) 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.
Subtitle E–Miscellaneous Authorities and Limitations
(Sec. 1041) Reinstates DOD’s authority to provide transportation to allied military personnel and civilians in contingencies or disaster responses on a non-interference basis, without charge, and expands the authority to include allied and civilian cargo, as well as passengers. Authorizes DOD to enter into a contract or other arrangement with one or more commercial providers to provide commercial insurance products to non-DOD shippers using the Defense Transportation System.
(Sec. 1042) Prohibits funds from being used to deactivate, decommission, or place in reduced operating status any mine countermeasures ships. Permits a waiver if the Navy certifies that the operational test and evaluation for replacement mine countermeasures capabilities are available in sufficient quantity and capacity to meet combatant commander requirements.
(Sec. 1043) Extends the authority of the Department of Transportation to provide aviation insurance and reinsurance upon the request of another U.S. government agency.
(Sec. 1044) Requires the Navy to change the mandatory possession or wear date of the alternate combination cover or the unisex combination cover from October 31, 2016, to October 31, 2020. Prohibits the Navy from implementing or enforcing any change to Navy female service dress uniforms until it submits to Congress an evaluation of Navy female service dress uniforms.
(Sec. 1045) Amends the Bipartisan Budget Act of 2015 to specify that, if a required report determines that the reallocation and auction of certain spectrum would harm national security by impacting existing terrestrial federal spectrum operations at the Nevada Test and Training Range, the Federal Communications Commission must establish rules for licensees of the spectrum sufficient to mitigate harmful interference to the operations.
(Sec. 1046) Authorizes transportation on military aircraft on a space-available basis for disabled veterans with a service-connected, permanent disability rated as total by DOD.
(Sec. 1047) Specifies that it is DOD policy that flyovers of public events in support of community relations activities may only be flown as part of an approved training mission at no additional expense to the federal government. Specifies requirements for reports and the approval process.
(Sec. 1048) Applies the Freedom of Information Act to the National Security Council.
(Sec. 1049) Requires DOD, in transferring certain excess personal property to federal and state agencies, to give first preference to DHS and then to federal and state agencies that agree to use the property primarily for strengthening border security along the U.S. southern border. Applies to unmanned aerial vehicles, the Aerostat radar system, night-vision goggles, and high mobility multi-purpose wheel vehicles (commonly known as humvees).
Subtitle F–Studies and Reports
(Sec. 1061) Continues various DOD reporting requirements.
(Sec. 1062) Modifies reporting requirements for the DOD Rewards Program to specify the requirements for reporting the designation of countries for which rewards or payments-in-kind may be paid.
(Sec. 1063) Requires DOD to notify Congress within 15 days of notifying the Centers for Disease Control and Prevention and/or the Animal and Plant Health Inspection Service of any theft, loss, or release of biological select agents or toxins.
(Sec. 1064) Requires DOD to report to Congress on common service support contributed from each of the military services toward special operations forces.
(Sec. 1065) Requires DOD and the Department of State to jointly report to Congress on military units that have been assigned to policing or citizen security responsibilities in Guatemala, Honduras, and El Salvador.
(Sec. 1066) Requires DOD to submit to Congress a biennial report on counterproliferation activities and programs.
(Sec. 1067) Amends the requirement for the Chairman of the Joint Chiefs of Staff to submit to Congress the annual Integrated Priorities List of the combatant commands to require the Chairman to also submit the integrated priorities list requirements for ballistic missile defense by the geographic combatant commands and the prioritized capabilities list for ballistic missile defense developed by the Commander of the U.S. Strategic Command.
(Sec. 1068) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to: (1) conduct and report to Congress on a comprehensive review of all DOD uses of spectrum, and (2) to certify at the time of submission of the report that they understand any potential impacts to DOD use of spectrum that could result from a spectrum auction, reallocation, or sharing arrangement as of that date.
Requires DOD to notify Congress as to whether DOD has concurred or otherwise objected to the most recent version of the 10-year plan developed by the National Telecommunications and Information Administration no later than 30 days after the date of the non-concurrence or objection.
Limits the availability of DOD funding for operation and maintenance for headquarters operations until the report and certification are submitted to Congress.
(Sec. 1069) Requires the National Guard to submit to Congress and specified officials a report setting forth the personnel, training, and equipment required by the National Guard during the next year to carry out its mission, while not federalized, to provide prevention, protection, mitigation, response, and recovery activities in support of civilian authorities in connection with natural and man-made disasters.
(Sec. 1070) Requires the Air Force to brief Congress on the process and reasoning for using proximity to primary medium commercial hub airports as part of the mission criteria for the Air Force Installation and Mission Support Center headquarters strategic basing process.
(Sec. 1071) Requires the Navy to submit to Congress an assessment of all operational minehunting Synthetic Aperture Sonar technologies suitable to meet the requirements for use on the Littoral Combat Ship Mine Countermeasures Mission Package.
(Sec. 1072) Requires DOD to report to Congress on the impact of changes to existing carrier air wing force structure and the impact a potential reduction to nine carrier air wings would have on overall fleet readiness if aircraft and personnel were to be distributed throughout the remaining nine air wings.
(Sec. 1073) Requires the Air Force and the Army to report quarterly to Congress on parachute jumps conducted at Fort Bragg and Pope Army Air Field, North Carolina, and air support provided by the Air Force for the jumps.
(Sec. 1074) Requires DOD to brief Congress on the status of the Installation Geospatial Information and Services of DOD as it relates to DOD real property inventory, and the extent to which DOD has used the cadastral geographic information systems-based real property inventory.
(Sec. 1075) Requires DOD to report to Congress on adjustment and diversification assistance.
(Sec. 1076) Requires DOD to brief Congress on efforts to protect the personally identifiable information of members of the Armed Forces, their families, and DOD employees.
Subtitle G–Other Matters
(Sec. 1081) Makes technical and clerical amendments to existing laws.
(Sec. 1082) Modifies and extends through January 31, 2021, the ”Support for Non-Federal Development and Testing of Material for Chemical Agent Defense.” Requires the report to include details regarding instances where DOD provides biological select agents or toxins to a non-federal entity for development of biological defenses.
(Sec. 1083) Increases the monetary cap for the cost of equipment, services, and supplies for humanitarian demining assistance and stockpiled conventional munitions assistance provided by DOD.
(Sec. 1084) Authorizes DOD to liquidate unpaid debts owed to the United States by a foreign government or international organization as a result of DOD providing logistic support, supplies, or services to that foreign government or international organization. Permits DOD to liquidate the debts by offsetting the debt against any amounts owed by DOD to the foreign government or international organization for logistic support, supplies, or services obtained by DOD pursuant to specified transactions.
(Sec. 1085) Amends the requirements for airlift service to specify that both contracts and subcontracts for airlift service are covered by the requirements.
(Sec. 1086) Requires DOD and the Departments of Health and Human Services, Homeland Security, and Agriculture to jointly develop a national biodefense strategy and associated implementation plan. Requires the GAO to review the strategy and implementation plan to analyze gaps and resources mapped against the requirements of the National Biodefense Strategy and existing U.S. biodefense policy documents.
(Sec. 1087) Requires the Army to carry out a program to support the socio-cultural understanding needs of the Army, to be known as the Global Cultural Knowledge Network. Prohibits DOD from deploying social scientists to a conflict zone as a part of the network.
(Sec. 1088) 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. Requires DOD to report to Congress on the feasibility of converting any remaining military technicians (dual status) to personnel performing Active Guard and Reserve Duty.
(Sec. 1089) Expresses the sense of Congress commending the dedication and contribution of the people of Connecticut to the Navy and the submarine force.
(Sec. 1090) Requires the Department of Energy to issue a final decision on any application for the authorization to export natural gas not later than 30 days after completing an environmental review or the date of enactment of this bill. (The requirement applies to proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate LNG export facilities.)
(Sec. 1091) Expresses the sense of Congress regarding the reporting of the MV-22 mishap in Marana, Arizona, on April 8, 2000.
(Sec. 1092) Requires the Army to transfer excess .45 caliber M1911A1 pistols to the Civilian Marksmanship Program.
(Sec. 1093) Expresses the sense of Congress regarding the importance of Panama City, Florida, to the history and future of the Armed Forces.
(Sec. 1094) Requires religious organizations that are recipients of or offerors for a federal government contract to be provided protections and exemptions consistent with the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990.
(Sec. 1095) Exempts DOD and the National Nuclear Security Administration from implementation of Executive Order 13673 (Fair Pay and Safe Workplaces).
(Sec. 1096) Requires DOD to determine and disclose the transportation costs incurred by DOD for certain congressional trips outside the United States.
(Sec. 1097) Permits U.S. Customs and Border Protection to waive certain polygraph examination requirements for qualifying veterans.
(Sec. 1098) Requires DOD to ensure that the Transportation Worker Identification Credential (TWIC) is accepted as a valid credential for unescorted access to DOD installations by transportation workers.
Exempts TWIC-carrying transportation workers who also have a current DOD Secret Level Clearance issued by DOD from further vetting when seeking unescorted access at DOD facilities.
Requires DOD to document and report to Congress on each instance when a credentialed transportation worker is denied unescorted access to a military facility.
(Sec. 1098A) Prohibits DOD from using funds for the destruction of anti-personnel landmine munitions until DOD reports to Congress on the development of replacement anti-personnel landmine munitions. Includes an exception for any anti-personnel landmine munitions that are unsafe or could pose a safety risk if not demilitarized or destroyed.
(Sec. 1098B) Prohibits DOD from transferring individuals detained at Guantanamo to a foreign country unless it certifies that the U.S. and the foreign country have entered into a written memorandum of understanding regarding the transfer of the individual and the memorandum of understanding has previously been transmitted to Congress.
(Sec. 1098C) Expresses the sense of Congress regarding American veterans who are disabled for life.
(Sec. 1098D) Requires DOD to: (1) study the effects of military helicopter noise on National Capital Region communities and individuals; and (2) develop recommendations for the reduction of the effects of military helicopter noise on individuals, structures, and property values in the region.
Maritime Occupational Safety and Health Advisory Committee Act
(Sec. 1098E) Amends the Occupational Safety and Health Act of 1970 to establish a Maritime Occupational Safety and Health Advisory Committee to advise the Secretary of Labor in formulating maritime industry standards and regarding matters pertaining to the administration of the Act related to the maritime industry.
(Sec. 1098F) Expresses the sense of Congress regarding U.S. Northern Command Preparedness.
(Sec. 1098G) Requires DOD to post on its public website the costs, including the relevant legacy costs, to each taxpayer of each of the wars in Afghanistan, Iraq, and Syria.
(Sec. 1098H) Provides U.S. Citizenship and Immigration Services additional authority to approve H-2B (temporary nonagricultural worker) visa application renewals for contractors performing work on Guam in direct support of all military-funded construction, repairs, renovation, and facilities services, or to perform services or labor on Guam as a healthcare worker.
(Sec. 1098I) Requires DOD to review and update its regulations to ensure that the regulations comply with federal consumer protection law regarding the collection of debt.
(Sec. 1098J) Expresses the sense of Congress regarding the importance of the role played by women in World War II.
(Sec. 1098K) 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. 1098L) Establishes as additional functions of the Deputy Director for Management of the Office of Management and Budget (OMB) requirements to:
adopt and oversee government-wide standards, policies, and guidelines for program and project management;
chair the Program Management Policy Council;
establish standards and policies for executive agencies consistent with widely accepted standards for program and project management planning and delivery;
engage with the private sector;
conduct portfolio reviews of agency programs and programs identified as high risk by the Government Accountability Office; and
establish a five-year strategic plan for program and project management.
Requires certain federal agencies to designate a Program Management Improvement Officer to implement program management policies and develop a written strategy for enhancing the role of program managers. Exempts DOD from this requirement if it is substantially similar or duplicative of specified existing requirements.
Establishes the Program Management Policy Council within OMB to act as the principal interagency forum for improving practices related to program and project management.
Requires the Office of Personnel Management to issue regulations that: (1) identify key skills and competencies needed for an agency program and project manager, (2) establish a new job series for program and project management, and (3) establish a new career path for program and project managers.
Requires the GAO to report to Congress on the effectiveness of policies on program and project management.
United States Naval Station Guantanamo Bay Preservation Act
Subtitle H–United States Naval Station Guantanamo Bay Preservation Act
(Sec. 1099A) Sets forth findings regarding the U.S Naval Station, Guantanamo Bay, Cuba.
(Sec. 1099B) Prohibits the modification, abrogation, or other related actions with respect to commitments contained in the Guantanamo Lease Agreements, or the U.S. jurisdiction over U.S. Naval Station, Guantanamo Bay, Cuba, without specified congressional actions.
(Sec. 1099C) Defines the term “Guantanamo Lease Agreements” for the purpose of this subtitle.
TITLE XI–CIVILIAN PERSONNEL MATTERS
(Sec. 1101) Provides DOD with direct-hire authority for DOD industrial base facilities located in the United States, as well as the Major Range and Test Facilities Base, for two years.
(Sec. 1102) Permits DOD industrial base facilities located in the United States and Major Range and Test Facilities Base centers to hire temporary employees into permanent positions outside of the requirements of the competitive service.
(Sec. 1103) Extends for one year the authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
(Sec. 1104) Authorizes advance payment of basic pay for current civilian employees who relocate within the United States and its territories to a location outside of the employee’s current commuting area.
(Sec. 1105) Makes permanent the alternative personnel program for scientific and technical personnel.
(Sec. 1106) Modifies the Information Technology Exchange Program to rename the program the “Cyber and Information Technology Exchange Program” and increase from 10 to 50 the number of personnel that may be exchanged.
(Sec. 1107) Consolidates per diem localities in the Dayton, Ohio area.
(Sec. 1108) Modifies the circumstances under which employees of a land management agency in a time-limited appointment are eligible to compete for a permanent appointment at any federal agency.
(Sec. 1109) Prohibits a federal employee from being placed on administrative leave, or other paid non-duty status without charging leave, for more than 14 total days for reasons relating to misconduct or performance.
(Sec. 1110) Requires the head of an agency to make a permanent notation in an individual’s personnel file if the individual resigns from government employment while the subject of a personnel investigation and an adverse finding against the individual is made as a result of the investigation.
(Sec. 1111) Requires an appointing authority to review and consider the information relating to a prospective employee’s former government service in the candidate’s official personnel record file prior to making any determination regarding the appointment or reinstatement of the employee to such a position.
(Sec. 1112) Requires DOD to report to Congress on the structure and number of its civilian workforce and contractors.
(Sec. 1113) 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.
TITLE XII–MATTERS RELATING TO FOREIGN NATIONS
Subtitle A–Assistance and Training
(Sec. 1201) Authorizes DOD to provide supplies, services, transportation, and other logistical support to coalition forces supporting U.S. operations in Iraq and Afghanistan during FY2017.
(Sec. 1202) Extends the authority for training of general purpose forces of the Armed Forces with military and other security forces of friendly foreign countries to December 31, 2019.
(Sec. 1203) Extends through FY2020, the authority to provide assistance to the military and civilian first responder organizations of countries that share a border with Syria in order to enhance the capability of the countries to respond effectively to potential incidents involving weapons of mass destruction in Syria and the surrounding region.
Requires DOD to notify Congress within 48 hours of determining that assistance provided to certain countries is expected to exceed $4 million. Limits the funding for the assistance to $20 million per year.
(Sec. 1204) Extends through FY2020 the authority 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.
(Sec. 1205) Modifies and codifies certain reporting requirements for DOD programs to provide training, equipment, or other assistance or reimbursement relating to security cooperation authorities.
(Sec. 1206) Requires DOD to enter into an agreement with a federally funded research and development center, or another appropriate independent entity, with expertise in security cooperation to conduct an assessment of the Strategic Framework for Department of Defense Security Cooperation.
(Sec. 1207) Expresses the sense of Congress regarding an assessment, monitoring, and evaluation framework for security cooperation.
(Sec. 1208) Requires DOD to report to Congress on the implementation of provisions under current law that prohibit funds from being used to assist units of foreign security forces that have committed a gross violation of human rights.
Subtitle B–Matters Relating to Afghanistan and Pakistan
(Sec. 1211) Extends the Commanders’ Emergency Response Program in Afghanistan. Authorizes ex gratia payments for damage, personal injury, or death that is incident to combat operations of the Armed Forces in Iraq.
(Sec. 1212) Extends the authority for reimbursement of coalition nations for support provided to the United States for military operations in Afghanistan. Limits the overall amount available for reimbursement to $1.1 billion, of which $900 million is available for reimbursement to Pakistan.
Extends congressional notification and certification requirements regarding reimbursements to Pakistan. Specifies that certain reimbursements to Pakistan are ineligible for a national security waiver unless DOD makes specified certifications regarding the activities of Pakistan with respect to the Haqqani Network.
(Sec. 1213) Extends the authority to acquire products and services produced in countries along a major route of supply to Afghanistan.
(Sec. 1214) Extends the authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. Extends the quarterly reporting requirement for this authority. Exempts excess defense articles transferred from DOD stocks to the military and security forces of Afghanistan from specified authorities and limitations in the Foreign Assistance Act of 1961.
(Sec. 1215) Expresses the sense of Congress regarding U.S. policy and strategy in Afghanistan.
(Sec. 1216) Extends the Afghan Special Immigrant Visa program through December 31, 2017, and modifies the eligibility requirements for the program.
(Sec. 1217) Requires DOD’s semiannual report on enhancing security and stability in Afghanistan to include a description of the status of the implementation of the Afghan Personnel and Pay System.
(Sec. 1218) Expresses the sense of Congress that Dr. Shakil Afridi is an international hero and that the government of Pakistan should release him immediately from prison.
(Sec. 1219) Requires DOD to report to Congress on the extent to which the Combined Security Transition Command-Afghanistan has adequate access to financial records of the government of Afghanistan to audit the use of funds authorized or otherwise made available to assist Afghanistan.
Subtitle C–Matters Relating to Syria and Iraq
(Sec. 1221) Extends through FY2017 the Syria Train and Equip Program and associated reprogramming requirements. Requires DOD to certify, with each reprogramming request, that the required number and type of U.S. Armed Forces have been deployed to support:
the strategy for Syria required under current law,
a plan to retake and hold Raqqa, Syria; and
the elements of the Syrian opposition and other Syrian groups and individuals trained and equipped to defend themselves from attacks by the Islamic State of Iraq and the Levant (ISIL) and the forces of the Syrian government.
(Sec. 1222) Authorizes DOD to provide specified funds to the military and other security forces of, or associated with, the government of Iraq, including Kurdish and Sunni tribal security forces or other local security forces with a national security mission, through 2017.
Restricts the availability of funds for the Iraqi Train and Equip Fund until after DOD submits to Congress a plan to retake and hold Mosul, Iraq.
Authorizes funds, which are not subject to the restriction, for stipends and sustainment to the Iraqi Kurdish Peshmerga, the Sunni tribal security forces, or other local security forces with a national security mission.
Requires a specified portion of the funds to be available for the Iraqi Kurdish Peshmerga. Requires DOD and the State Department to provide Congress with an assessment of the extent to which the government of Iraq is meeting certain conditions relating to the political inclusion of ethnic and sectarian minorities within the security forces of Iraq.
Prohibits U.S. assistance authorized under this section from being provided to Iraq 90 days after the enactment of this bill unless DOD certifies that Iraq has taken actions to safeguard against U.S. assistance being transferred to or acquired by violent extremist organizations.
(Sec. 1223) Extends the authority to support operations and activities of the Office of Security Cooperation in Iraq. Permits the Secretary of Defense, with the concurrence of the Secretary of State, to authorize the office to conduct training activities in support of the Iraqi Border Police.
(Sec. 1224) Requires DOD to report to Congress on the political, economic, and security conditions in Iraq and Syria that would be necessary and sufficient to prevent the formation of future terrorist organizations in Iraq and Syria.
(Sec. 1225) Requires DOD and the State Department to jointly submit to Congress a semiannual report on the political and military strategies to defeat ISIL. Requires the GAO to submit a report that: (1) reviews the accountability measures taken by the government of Iraq for assistance provided under the Iraq Train and Equip Fund, and (2) the financial management capacity and accountability of U.S. assistance with respect to the recipients under the fund.
(Sec. 1226) Expresses the sense of Congress condemning continuing attacks on medical facilities in Syria.
(Sec. 1227) Directs the President to instruct the U.S. Permanent Representative to the United Nations (UN) to use the voice and vote of the United States at the UN to seek the establishment of a UN processing center in Erbil, Iraqi Kurdistan, to assist internationally-displaced communities.
(Sec. 1228) Expresses the sense of Congress that the United States should focus all necessary efforts in the Middle East to disrupt the financing of the Islamic State of Iraq and Syria (ISIS) through oil production and sale.
(Sec. 1229) Prohibits funds from being used to transfer or facilitate the transfer of man-portable air defense systems (MANPADS) to any entity in Syria.
Subtitle D–Matters Relating to the Russian Federation
(Sec. 1231) Limits the use of funds to approve or otherwise permit Russia to carry out an initial or exhibition observation flight or certification event of an observation aircraft with an upgraded sensor with infrared or synthetic aperture radar capability over the territories of the United States or a covered state party under the Open Skies Treaty, until a specified certification and report are provided to Congress.
(Sec. 1232) Limits the availability of DOD funds to provide support services to the Executive Office of the President until DOD: (1) submits to Congress the plan required under current law for the development of military capabilities to respond to the violation of the Treaty on Intermediate-Range Nuclear Forces (INF Treaty) by Russia, and (2) carries out the development of capabilities pursuant to the plan and requirements under current law.
(Sec. 1233) Prohibits FY2017 funds from being used for bilateral military-to-military cooperation between the governments of the United States and Russia until DOD certifies to Congress that Russia has: (1) ceased its occupation of Ukrainian territory and its aggressive activities that threaten the sovereignty and territorial integrity of Ukraine and members of the North Atlantic Treaty Organization; and (2) is abiding by the terms of and taking steps in support of the Minsk Protocols regarding a ceasefire in eastern Ukraine. Permits a waiver under specified conditions.
(Sec. 1234) States that it is the policy of the United States to reassure U.S. partners and allies in Europe and to work with U.S. partners and allies to deter aggression by the government of Russia.
(Sec. 1235) Makes conforming changes to provisions of the National Defense Authorization Act for Fiscal Year 2016 regarding the Ukraine Security Assistance Initiative.
(Sec. 1236) Prohibits funds from being used to implement any activity that recognizes the sovereignty of Russia over Crimea. Permits DOD to waive the prohibition by certifying to Congress that it is in the national interest.
(Sec. 1237) Modifies and extends reporting requirements regarding military assistance provided to Ukraine.
(Sec. 1238) Modifies the requirements for the annual report on military and security developments involving Russia.
Subtitle E–Other Matters
(Sec. 1241) Expresses the sense of Congress on malign activities of the government of Iran.
(Sec. 1242) Modifies the requirements for the annual report on military and security developments involving China.
(Sec. 1243) Expresses the sense of Congress regarding trilateral cooperation between Japan, South Korea, and the United States.
(Sec. 1244) Expresses the sense of Congress regarding cooperation between the United States and Singapore.
(Sec. 1245) Authorizes DOD to use specified FY2017 Overseas Humanitarian, Disaster, and Civic Aid funds to conduct monitoring and evaluation of the programs funded from the account.
(Sec. 1246) Authorizes the Secretary of Defense and the Secretary of State to enter into an agreement under which each department may provide covered support, supplies, and services on a reimbursement basis, or by exchange with the other department during a contingency operation and a transition period for up to two years following the end of the operation.
(Sec. 1247) Extends and modifies the authority of DOD to develop, manage, and execute a Non-Conventional Assisted Recovery personnel recovery program for isolated DOD, U.S. government, and other designated personnel supporting U.S. national interests worldwide. Permits the recovery of other individuals, as determined by the Secretary of Defense, when a non-conventional assisted recovery capability is already in place.
(Sec. 1248) Authorizes DOD to destroy specified U.S-origin chemical munitions located on San Jose Island, Republic of Panama.
(Sec. 1249) Requires DOD to submit to Congress a strategy for U.S. defense interests in Africa.
(Sec. 1250) Authorizes DOD to carry out research, development, test, and evaluation activities, on a joint basis with Israel, to establish directed energy capabilities to detect and defeat ballistic missiles, cruise missiles, and other threats to the United States, deployed U.S. forces, or Israel. Limits the authorization for the activities to not more than $25 million.
Requires a memorandum of agreement (MOA) between the U.S. and Israel regarding the sharing of research and development costs for directed energy capability to counter the threats and requires the MOA be provided Congress.
(Sec. 1251) Expresses the sense of Congress regarding U.S. support for Estonia, Latvia, and Lithuania.
(Sec. 1252) Expresses the sense of Congress regarding U.S. support for Georgia.
(Sec. 1253) Requires the Annual Report on the Military Power of Iran to include: (1) an estimate of Iran’s military cyber capabilities, and (2) information on Iranian military and security organizations responsible for detaining members of the Armed Forces or interfering in U.S. military operations.
(Sec. 1254) Expresses the sense of Congress that DOD should conduct a program of senior military exchanges between the United States and Taiwan.
(Sec. 1255) Requires DOD to submit to Congress a quarterly report on any excessive territorial claims of foreign countries that were challenged by freedom of navigation operations and flights carried out by the armed forces during the quarter.
(Sec. 1256) Requires DOD to report to Congress regarding foreign military sales to Taiwan.
(Sec. 1257) Expresses the sense of Congress regarding the July 2016 NATO Summit in Warsaw, Poland.
(Sec. 1258) Requires DOD to report to Congress on violence and cartel activity in Mexico and the impact on U.S.national security.
(Sec. 1259) States the policy that the Taiwan Relations Act forms the cornerstone of U.S. policy and relations with Taiwan. Requires DOD and the State Department to jointly report to Congress on steps the United States has taken, plans to take, and will take to provide Taiwan with arms of a defensive character in accordance with the Taiwan Relations Act.
(Sec. 1259A) Prohibits funds from being used to implement the Arms Trade Treaty until it has been ratified by the Senate and implementing legislation has been enacted.
(Sec. 1259B) Limits bilateral military-to-military contact or cooperation between the United States and Cuba until DOD and the State Department certify to Congress that the Cuban government and military have met specified requirements.
(Sec. 1259C) Establishes a Global Engagement Center to lead and coordinate efforts to track foreign propaganda and disinformation efforts intended to undermine U.S. national security interests, and to develop strategies for countering such campaigns. Authorizes the center to provide grants to support civil society groups, journalists, nongovernmental organizations, federally-funded research and development centers, private companies, or academic institutions in analyzing, reporting on, and refuting foreign disinformation efforts.
(Sec. 1259D) Amends the United States International Broadcasting Act of 1994 to establish the position of Chief Executive Officer (CEO) of the Broadcasting Board of Governors (BBG).
Terminates the Director of the International Broadcasting Bureau upon appointment of the CEO, and transfers all responsibilities, authorities, and immunities of the Director or the board to the CEO.
Authorizes the CEO to: (1) condition grants or cooperative agreement to RFE/RL, Inc., Radio Free Asia, and the Middle East Broadcasting Networks on authority to determine membership of their boards, and the consolidation of the entities into a single organization; (2) redirect funds and condition grants or cooperative agreements as necessary to meet the purposes of this bill, and (3) change the name of the BBG after notifying Congress.
(Sec. 1259E) Authorizes the CEO to condition annual grants to RFE/RL,Inc., Radio Free Asia, and the Middle East Broadcasting Networks on the consolidation of the grantees into a single, consolidated private, non-profit corporation which may broadcast and provide news and information to audiences wherever the agency may broadcast, for activities that the CEO determines are consistent with the purposes of this bill.
Specifies that officers of RFE/RL Inc., Radio Free Asia, and the Middle East Broadcasting Networks or any organization that is established through the consolidation of the entities, or authorized under this bill, shall serve at the pleasure of the CEO.
Authorizes the CEO to establish an independent grantee organization, as a private nonprofit organization, to carry out all broadcasting and related programs currently performed by the Voice of America.
(Sec. 1259F) Redesignates the “South China Sea Initiative” as the “Southeast Asia Maritime Security Initiative.”
(Sec. 1259G) Requires DOD to report to Congress on: (1) efforts to make U.S. manufacturers aware of opportunities to equip foreign military entities that have been approved to receive assistance from the United States, and (2) any new plans or strategies to raise awareness of the opportunities.
(Sec. 1259H) Requires the Chairman of the Joint Chiefs of Staff to submit to Congress specified reports regarding the Intermediate-Range Nuclear Forces (INF) Treaty and the Open Skies Treaty.
(Sec. 1259I) Expresses the sense of Congress that continued U.S. leadership in the North Atlantic Treaty Organization is critical to the national security of the United States.
(Sec. 1259J) Authorizes the President to provide assistance to Israel to improve maritime security and maritime domain awareness.
(Sec. 1259K) Expresses the sense of Congress that U.S. foreign policy should support a denuclearized Korean peninsula.
(Sec. 1259L) Requires the President to impose specified measures against a person involved in activities that violate arms control treaties or agreements with the United States, including prohibiting agencies from entering into, renewing, or extending a contract to procure goods or services from the person.
(Sec. 1259M) Requires DOD and the State Department to jointly report to Congress on cooperation between Iran and Russia.
(Sec. 1259N) Requires the President to report to Congress on the maintenance of Israel’s defensive capability against threats to its territory and population.
(Sec. 1259O) Requires the President to report to Congress on use by the government of Iran of commercial aircraft and related services for illicit military or other activities.
(Sec. 1259P) Authorizes DOD to grant observer status to the military forces of Taiwan in any maritime exercise known as the Rim of the Pacific Exercise.
(Sec. 1259Q) Authorizes DOD, with the concurrence of the State Department, to enter into agreements with the governments of foreign countries to develop land-based water resources in support of and in preparation for contingency operations.
(Sec. 1259R) Extends reporting requirements on the use of certain Iranian seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers.
(Sec. 1259S) Requires the President to notify Congress and initiate a specified assessment within 48 hours of a suspected ballistic missile launch, including a test, by Iran based on credible information indicating that such a launch took place.
(Sec. 1259T) Expresses the sense of Congress that the United States should encourage and enable as appropriate an integrated ballistic missile defense system that links Gulf Cooperation Council partner countries, Jordan, Egypt, and Israel in order assist in preventing an attack by Iran against the countries.
(Sec. 1259U) Authorizes DOD to provide assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, the Arabian Sea, or the Mediterranean Sea in order to deter and counter illicit smuggling and related maritime activity by Iran, including illicit Iranian weapons shipments.
(Sec. 1259V) Expresses the sense of Congress regarding military relations between Vietnam and the United States.
(Sec. 1259W) Requires DOD, the State Department, and the Department of Justice to jointly submit to Congress a report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.
Subtitle F–Codification and Consolidation of Department of Defense Security Cooperation Authorities
(Sec. 1261) Creates a new chapter in the U.S. Code entitled ”Security Cooperation,” and transfers and codifies, as appropriate, specified existing security cooperation-related provisions to the new chapter.
(Sec. 1262) Requires DOD and the State Department to take specified actions to increase defense and security cooperation with India.
TITLE XIII–COOPERATIVE THREAT REDUCTION
(Sec. 1301) Specifies the Cooperative Threat Reduction (CTR) programs and authorizations of appropriations included in this bill and authorizes CTR funds to be obligated for FY2017-FY2019.
(Sec. 1302) Allocates authorizations of appropriations of funds for the CTR program in FY2017.
(Sec. 1303) Requires DOD to obligate and expend funds on CTR activities in China in quarterly installments. Prohibits DOD from using CTR funds for activities in China unless it submits to Congress a certification regarding certain nonproliferation benchmarks with respect to China (including the arrest of Li Fangwei, also known as ”Karl Lee”).
TITLE XIV–OTHER AUTHORIZATIONS
Subtitle A–Military Programs
(Sec. 1401) Authorizes appropriations for Working Capital Funds at the levels identified in section 4501.
(Sec. 1402) Authorizes appropriations for the National Defense Sealift Fund at the levels identified in section 4501.
(Sec. 1403) Authorizes appropriations for Chemical Agents and Munitions Destruction–Defense at the levels identified in section 4501.
(Sec. 1404) Authorizes appropriations for Drug Interdiction and Counter-Drug Activities–Defense-Wide at the levels identified in section 4501.
(Sec. 1405) Authorizes appropriations for the Office of the Inspector General of DOD at the levels identified in section 4501.
(Sec. 1406) Authorizes appropriations for the Defense Health Program at the levels identified in section 4501.
(Sec. 1407) Authorizes appropriations for National Sea-Based Deterrence Fund at the levels identified in section 4501.
Subtitle B–National Defense Stockpile
(Sec. 1411) Authorizes the disposal of certain materials from and the acquisition of materials for the National Defense Stockpile.
(Sec. 1412) Amends the Strategic and Critical Materials Stock Piling Act to permit DOD to contract with facilities to recycle strategic and critical materials.
Subtitle C–Other Matters
(Sec. 1421) 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. 1422) Authorizes appropriations for the Armed Forces Retirement Home.
TITLE XV–AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
Subtitle A–Authorization of Appropriations
(Sec. 1501) Specifies that the purpose of this title is to authorize FY2017 appropriations for: (1) overseas contingency operations, and (2) additional funding requirements in support of base budget requirements.
(Sec. 1502) Authorizes additional appropriations for Procurement at the levels identified in sections 4102 and 4103.
(Sec. 1503) Authorizes additional appropriations for Research, Development, Test, and Evaluation at the levels identified in sections 4202 and 4203.
(Sec. 1504) Authorizes additional appropriations for Operation and Maintenance at the levels identified in sections 4302 and 4303.
Prohibits funds authorized for the Syria Train and Equip Programs from being provided to any recipient that DOD has reported as having misused provided training and equipment.
(Sec. 1505) Authorizes additional appropriations for Military Personnel at the levels identified in sections 4402 and 4403.
(Sec. 1506) Authorizes additional appropriations for Defense Working Capital Funds at the levels identified in section 4502.
(Sec. 1507) Authorizes additional appropriations for Drug Interdiction and Counter-Drug Activities– Defense-Wide at the levels identified in sections 4502 and 4503.
(Sec. 1508) Authorizes additional appropriations for the Office of the Inspector General at the levels identified in section 4502.
(Sec. 1509) Authorizes additional appropriations for the Defense Health Program at the levels identified in section 4502.
(Sec. 1510) Authorizes additional appropriations for the Counterterrorism Partnerships 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 $4.5 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) Continues the existing limitations and restrictions on the use of the Afghanistan Security Forces Fund (ASFF) for FY2017. Requires specified funds from the ASFF to be used for: (1) the recruitment, integration, retention, training, and treatment of women serving in the Afghan National Security Forces; and (2) the recruitment, training, and contracting of female security personnel for future elections in Afghanistan.
(Sec. 1532) Extends the use and transfer authority for the Joint Improvised Explosive Device Defeat Fund to FY2017. Expands the foreign governments to whom assistance may be provided in order to counter the flow of improvised explosive device precursor chemicals. Extends the authority for interdiction of improvised explosive device precursor chemicals to December 31, 2017.
(Sec. 1533) Extends the authority for DOD to use specified Joint Improvised Explosive Device Defeat Fund appropriations to fund training activities for foreign security forces to defeat improvised explosive devices.
TITLE XVI–STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A–Space Activities
(Sec. 1601) Modifies the existing requirement for DOD to develop a next-generation rocket propulsion system that enables the transition from the use of non-allied space launch engines to a domestic alternative for national security space launches.
Requires funds for the development of the rocket propulsion system to be used only for the development of the rocket propulsion system to replace non-allied space launch engines and for the necessary interfaces to, or integration of, the rocket propulsion system with an existing or new launch vehicle.
Prohibits specified funds from being used to develop or procure a launch vehicle, an upper stage, a strap-on motor, or related infrastructure unless a specified certification and reprogramming request is submitted to Congress.
Requires DOD to develop a plan to protect the U.S. investment and the assured access to space, including acquiring the rights, as appropriate, for the purpose of developing alternative sources of supply and manufacture in the event such alternative sources are necessary and in the best interest of the United States.
(Sec. 1602) Creates exceptions to the prohibition on contracting with Russian suppliers of rocket engines for the Evolved Expendable Launch Vehicle (EELV) program.
(Sec. 1603) Specifies requirements for the scope of the analysis of alternatives for wide-band communications that DOD is required to conduct under current law.
(Sec. 1604) Modifies the pilot program for the acquisition of commercial satellite communications services to require DOD to implement specified goals of the program by September 30, 2017.
(Sec. 1605) Requires DOD and the National Oceanic and Atmospheric Administration (NOAA) to jointly establish mechanisms to collaborate and coordinate in defining the roles and responsibilities of DOD and NOAA to: (1) carry out space-based environmental monitoring, and (2) plan for future nongovernmental space-based environmental monitoring capabilities.
(Sec. 1606) Requires DOD to ensure that, during the period beginning not later than 60 days after the date of the enactment of this bill and ending on September 30, 2018, the Armed Forces and each element of DOD do not use a non-allied positioning, navigation, and timing system or a service provided by such a system. Permits DOD to waive the prohibition if it is in the national security interest and is necessary to mitigate exigent operational concerns, subject to congressional notification requirements.
Requires the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence to submit to Congress an assessment of the risks to national security and to the operations and plans of DOD from using a non-allied positioning, navigation, and timing system or service provided by such a system.
(Sec. 1607) Limits the FY2017 funds that may be used for increment 3 of the Joint Space Operations Center Mission System program, until the Air Force submits to Congress a specified report on the increment.
(Sec. 1608) Prohibits DOD from developing or acquiring alternatives to: (1) the space-based infrared system program of record, or (2) the advanced extremely high frequency program of record, until the Commander of U.S. Strategic Command and the Director of the Space Security and Defense Program jointly submit to Congress an assessment of the resilience and mission assurance of each alternative considered for the respective programs. Includes an exception for efforts to examine and develop technology insertion opportunities for the programs.
(Sec. 1609) Limits funding for the weather satellite follow-on program until the Air Force submits to Congress a plan to transfer, beginning with FY2018, the acquisition and funding authority for certain space-based environmental monitoring missions from the Air Force to the National Reconnaissance Office (NRO).
Requires the NRO to develop a plan to carry out certain space-based environmental monitoring missions. Authorizes the NRO to conduct certain pre-acquisition activities in FY2017 that are necessary for developing the plan.
Requires the Director of the Cost Assessment Improvement Group of the Office of the Director of National Intelligence to certify that the funding identified by the Air Force and the NRO is sufficient.
(Sec. 1610) Requires DOD to establish a pilot program to assess the viability of commercial satellite weather data to support DOD requirements. Permits specified funds to be used to carry out the program by purchasing and evaluating commercial weather data that meets the standards and specifications set by DOD.
(Sec. 1611) Directs DOD and the Office of Management and Budget to each report to Congress on recommendations to strengthen the leadership, management, and organization of DOD with respect to national security space activities.
(Sec. 1612) Requires DOD to review the charter of the Operationally Responsive Space Program Office.
(Sec. 1613) Requires the Departments of Defense, Transportation, and Homeland Security to jointly assess and identify the technology-neutral requirements to backup and complement the positioning, navigation, and timing capabilities of the Global Positioning System for national security and critical infrastructure.
(Sec. 1614) Requires DOD to report to Congress on the feasibility of using available spacecraft assets of the space-based infrared system wide-field-of-view program to satisfy other mission requirements of DOD or the intelligence community.
Subtitle B–Defense Intelligence and Intelligence-Related Activities
(Sec. 1621) Limits the availability of funds for intelligence management until the Under Secretary of Defense for Intelligence reports to Congress on counterintelligence activities described in the classified annex accompanying this bill.
(Sec. 1622) Limits the availability of FY2017 funds for the U.S. Central Command Intelligence Fusion Center until specified reports are submitted to Congress.
(Sec. 1623) Limits the availability of funds for increased intelligence manpower positions for operation of the Joint Intelligence Analysis Complex at Royal Air Force Molesworth, United Kingdom until DOD provides to Congress a revised analysis of alternatives for the basing of a new complex.
Subtitle C–Cyberspace-Related Matters
(Sec. 1631) Authorizes special emergency procurement authority to facilitate the defense against or recovery from a cyber attack.
(Sec. 1632) Changes the name of the Information Resources Management College to the College of Information and Cyberspace.
(Sec.1633) Requires DOD to: (1) enter into agreements with each combatant command relating to the use of cyber opposition forces by September 30, 2017, and (2) issue a joint training and certification standard for use by all cyber opposition forces within DOD by March 31, 2017.
(Sec. 1634) Limits the availability of FY2017 funds for cryptographic systems and key management infrastructure until DOD reports to Congress on the integration of the cryptographic modernization and key management infrastructure programs of the military departments.
(Sec. 1635) Requires the Army and the Air Force to each carry out a pilot program to improve the ability of the Army and the Air Force, respectively, to recruit cyber professionals. Authorizes the Secretaries, under the program, to allow individuals who meet educational, physical, and other requirements to receive original appointments as commissioned officers in a cyber specialty.
(Sec. 1636) Requires DOD to report to Congress on policies, doctrine, procedures, and authorities governing DOD activities in response to malicious cyber activities carried out against the United States or U.S. persons by foreign states or non-state actors.
(Sec. 1637) Requires DOD to: (1) assess the sufficiency of the regulatory mechanisms to secure defense information held by cleared defense contractors, and (2) prescribe regulations to improve the security of the information.
(Sec. 1638) Expresses the sense of Congress that the National Guard should be constantly seeking ways to improve and expand its communications and networking capabilities to provide for enhanced performance and resilience in the face of cyberattacks or disruptions, as well as other instances of degradation.
(Sec. 1639) Requires the Secretary of the Army to brief Congress on a strategy for incorporating Army National Guard cyber protection teams into the DOD cyber mission force.
Subtitle D–Nuclear Forces
(Sec. 1641) Amends the statutory charter of the National Leadership Command, Control, and Communications System Council to add to its responsibilities: (1) the oversight of the Integrated Tactical Warning and Attack Assessment system, and (2) the continuity of government functions of DOD.
Requires the council to: (1) submit to Congress a report reviewing potential changes to the architectures of certain Air Force space systems, (2) notify Congress and wait at least one year before making any changes to systems that would reduce the strategic missile attack warning time provided to the national leadership of the United States, and (3) determine annually whether the integrated tactical warning and attack assessment system and its command and control system have met all warfighter requirements for operational availability, survivability, and endurability.
(Sec. 1642) Modifies requirements for the control and protection of sensitive information that DOD provides to state and local governments, including information related to the physical protection of special nuclear material and critical infrastructure security information.
(Sec. 1643) Authorizes specified Missile Procurement–Air Force funds to be used for the procurement of certain commercially available parts for intercontinental ballistic missile fuzes.
(Sec. 1644) Prohibits FY2017 or FY2018 funds from being used for a mobile variant of the ground-based strategic deterrent missile.
(Sec. 1645) Prohibits funds from being used to extend the New START Treaty until: (1) the Chairman of the Joint Chiefs of Staff submits a specified report to Congress, and (2) the Director of National Intelligence submits to Congress a specified National Intelligence Estimate.
(Sec. 1646) Requires the Air Force to consolidate under a major command, commanded by a single general officer, the responsibility, authority, accountability, and resources for carrying out the nuclear command, control, and communications functions of the Air Force. Requires the Air Force to provide the commander with responsibility, authority, accountability, and resources for oversight activities and budget approval.
(Sec. 1647) Requires the Director of National Intelligence to submit to Congress, consistent with the protection of sources and methods, a report on the leadership survivability, command and control, and continuity of government programs and activities with respect to China and Russia.
(Sec. 1648) Expresses the sense of Congress regarding the importance of the independent nuclear deterrent of the United Kingdom.
(Sec. 1649) Requires the Chairman of the Joint Chiefs of Staff to certify to Congress that the Chairman has approved any requests for forces, as of the date of the enactment of this bill, of a commander of a combatant command to meet the security requirements of land-based nuclear forces.
Limits the availability of funds for the travel and representational expenses of the Under Secretary of Defense for Acquisition, Technology, and Logistics until the Under Secretary certifies to Congress that there is a competitive acquisition process in place to ensure that a UH-1N replacement aircraft is under contract in FY2018.
(Sec. 1649A) Specifies that it is U.S. policy to maintain and modernize a responsive and alert intercontinental ballistic missile force to ensure robust nuclear deterrence by preventing any adversary from believing it can carry out a small, surprise, first-strike attack on the United States that disarms the strategic forces of the United States.
Prohibits funds from being used for reducing or preparing to reduce: (1) the responsiveness or alert level of the intercontinental ballistic missiles of the United States, (2) or the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
Includes exceptions for: (1) the maintenance or sustainment of intercontinental ballistic missiles; (2) ensuring the safety, security, or reliability of intercontinental ballistic missiles; and (3) reductions that comply with the New START Treaty and specified provisions under current law.
Subtitle E–Missile Defense Programs
(Sec. 1651) Extends until January 1, 2027, the prohibitions regarding sharing certain missile defense information with Russia and integrating U.S. missile defenses with Russian or Chinese systems.
(Sec. 1652) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to jointly review the missile defeat capability, policy, and strategy of the United States with respect to left- and right-of-launch ballistic missile defense, the integration of offensive and defensive forces for the defeat of ballistic missiles, and the cruise missile defense of the homeland.
Requires the Director of Cost Assessment and Program Evaluation to submit to the Secretary of Defense, Chairman of the Joint Chiefs of Staff, and Congress an annual update on the implementation of the missile defeat strategy for the five-year period.
Requires the Director of National Intelligence to submit to Congress an unclassified summary of the existing ballistic and cruise missile threats to the United States, the deployed forces of the United States and the allies of the United States, and an assessment of the threat in 2026.
Prohibits DOD from changing the non-standard acquisition authorities of the Missile Defense Agency until after Congress is notified.
Requires DOD to designate a military department or defense agency with acquisition authority with respect to: (1) the capability to defend the homeland from cruise missiles, and (2) left-of-launch ballistic missile defeat capability.
(Sec. 1653) Authorizes appropriations to be provided for Israel to procure Tamir interceptors for the Iron Dome short-range rocket defense system through coproduction in the United States by U.S. industry.
Makes the funds subject to the terms, conditions, and coproduction targets specified in a bilateral international agreement amending the ”Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement.”
Requires the Director of the Missile Defense Agency and the Under Secretary of Defense for Acquisition, Technology, and Logistics to submit to Congress a certification that the agreement is being implemented and an assessment of any risks relating to the implementation.
Authorizes appropriations for procurement and coproduction of the David’s Sling Weapon System and the Arrow 3 Upper Tier missile defense system, subject to specified terms and conditions.
(Sec. 1654) Requires DOD to evaluate the optimal anti-air warfare capability for each current Aegis Ashore site and as part of the future deployment of an Aegis Ashore site.
Requires the Secretary of Defense and the Chairman of the Joint Chiefs to submit to Congress an evaluation of: (1) the ballistic missile and air threat against the continental United States and the efficacy of deploying one or more Aegis Ashore sites and Aegis Ashore components for the ballistic and cruise missile defense of the continental United States; and (2) the ballistic missile and air threat against Guam, and the cost and efficacy of deploying Aegis Ashore there.
Prohibits DOD from reducing the manning levels or test capability of the Aegis Ashore site on the Pacific Missile Range Facility (PMRF) in Hawaii or putting the site into a ”cold” or ”stand by” status.
Requires the Missile Defense Agency (MDA) to notify Congress if the preferred alternative for fielding a medium-range ballistic missile defense sensor for the defense of Hawaii would require any study or assessment pursuant to the National Environmental Policy Act of 1969 (NEPA). Requires the MDA to initiate the study or analysis not later than 60 days after the notification.
Require the Secretary and the Chairman to jointly submit to Congress an evaluation of the ballistic and air threat to Hawaii; the efficacy of making the Aegis Ashore site at PMRF operational; deploying the preferred alternative for fielding a medium-range ballistic missile defense sensor for the defense of Hawaii; and any other alternatives.
(Sec. 1655) Specifies that the Director of the MDA is the DOD technical authority for integrated air and missile defense activities and programs. Permits the Director to obtain specified detailees from the Joint Functional Component Command for Integrated Missile Defense and the Joint Integrated Air and Missile Defense Organization, as necessary for technical authority responsibilities.
(Sec. 1656) Requires the MDA to begin the planning for: (1) the concept definition, design, research, development, engineering evaluation, and test of a space-based ballistic missile intercept and defeat layer; and (2) the research, development, test, and evaluation activities with respect to a space test bed for a missile interceptor capability. Requires the MDA to submit with the President’s FY2018 budget request a detailed budget and development plan assuming an initial on-orbit demonstration by 2025.
(Sec. 1657) Requires the MDA to: (1) establish a program of record to develop and field a defensive system to defeat hypersonic boost-glide and maneuvering ballistic missiles, and (2) consider opportunities for co-development of the defensive system, including through financial support, with allies and partners of the United States.
Limits the headquarters expenditures of both the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition, Technology, and Logistics until the MDA certifies the establishment of the program of record and submits with the FY2018 budget request a plan for the cost and schedule to develop such a defensive capability.
Requires DOD to report to Congress on the implications for the Missile Technology Control Regime of such a defensive system.
(Sec. 1658) Limits funding for the Patriot lower tier air and missile defense capability of the Army until specified certifications and reports are submitted to Congress.
(Sec. 1659) Limits funding for the conventional prompt global strike capability until specified DOD officials report to Congress on: (1) whether there are warfighter requirements or integrated priorities list submitted needs for a limited operational conventional prompt strike capability, and (2) whether the program plan and schedule proposed by the program office supports such requirements and integrated priorities lists submissions.
(Sec. 1660) Requires the MDA to carry out a pilot program to implement improvements to the data protection options in the programs of the MDA (including the contractors of the agency), particularly with respect to unclassified, controlled technical information and controlled unclassified information.
(Sec. 1661) Requires the Director of Cost Assessment and Program Evaluation to report to Congress on the ground-based midcourse defense system. Requires the Commander of U.S. Northern Command to submit to Congress a certification that the budget request includes a sufficient level of funding for the ground-based midcourse defense system to modernize the system to remain paced ahead of the developing limited ballistic missile threat to the homeland. Requires the MDA to report to Congress on transportable ground-based interceptors.
(Sec. 1662) Requires the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to provide to Congress: (1) both the classified and unclassified declaratory U.S. policy regarding the use of left-of-launch capability of the United States against potential targets and how the Secretary and Chairman intend to ensure that such capability is a deterrent to attacks by adversaries; (2) both the classified and unclassified concept of operations for the use of such capability across and between the combatant commands; and (3) both the classified and unclassified employment strategy, plans, and options for such capability.
(Sec. 1663) Requires the MDA to: (1) issue a request for proposals for a medium-range discrimination radar no later than October 1, 2017, and (2) plan to procure a medium-range discrimination radar or equivalent sensor to improve the ballistic missile defense of Hawaii.
(Sec. 1664) Requires the MDA to notify Congress semiannually regarding certain matters related to flight and intercept tests.
(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 maintain and improve a robust layered missile defense system capable of defending the territory of the United States, allies, deployed forces, and capabilities against the developing and increasingly complex ballistic missile threat with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense.
(Sec. 1666) States the sense of the Congress regarding the declaration at the upcoming North Atlantic Treaty Organization Summit in Warsaw, Poland, of the initial operating capability of the second phase of the European Phased Adaptive Approach.
Subtitle F–Other Matters
(Sec. 1671) Authorizes DOD and the Armed Forces to take certain actions necessary to mitigate the threat of an unmanned aircraft or unmanned aircraft system that poses an imminent threat to the safety or security of certain assets or facilities relating to the nuclear deterrence, missile defense, or national security space missions of DOD.
(Sec. 1672) Requires DOD to submit to Congress a report on the value of an intradepartmental council in DOD to improve its coordination on the use of the electromagnetic spectrum.
(Sec. 1673) Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from permitting commercial terrestrial operations in the 1525-1559 megahertz band or the 1626.5-1660.5 megahertz band until 90 days after the FCC resolves concerns of widespread harmful interference by the operations in the band to DOD Global Position System (GPS) devices.
Requires DOD to: (1) assess the ability of DOD GPS devices to receive signals from GPS satellites without widespread harmful interference, and (2) determine if commercial communications services are causing or will cause widespread harmful interference with DOD GPS devices.
TITLE XVII–DEPARTMENT OF DEFENSE ACQUISITION AGILITY
(Sec. 1701) Requires all major defense acquisition programs (MDAPs) initiated after January 1, 2019, to be designed and developed with a modular open system approach (MOSA), to the maximum extent practicable.
Defines MOSA as an integrated business and technical strategy that:
employs a modular design with major system interfaces between a major system platform (such as a ground vehicle, ship, or aircraft) and its major system components (such as sensors or communication equipment) or between major system components;
is subjected to verification to ensure major system interfaces comply with widely supported and consensus-based standards;
uses a system architecture that allows severable major system components at the appropriate level to be incrementally added, removed, or replaced throughout the life cycle of a major system platform to afford opportunities for enhanced competition and innovation while yielding: significant cost savings or avoidance, schedule reduction, opportunities for technical upgrades, increased interoperability, or other benefits; and
complies with requirements for technical data rights.
Requires MOSA to be addressed throughout the requirements development and acquisition processes for MDAPs.
(Sec. 1702) Requires a MDAP initiated after January 1, 2019, to include only technical development that the milestone decision authority for the program determines, with a high degree of confidence, would not delay the fielding target for the program.
Specifies requirements for defense budget materials related to advanced component development and prototype activities within the research, development, test, and evaluation budget.
Requires each of the military services to establish an oversight board or identify a similar group of senior advisors for managing prototype projects for weapon system components and other technologies and subsystems, including the use of funds for such projects.
Requires prototype projects to be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising and cost-effective prototypes that address a high priority warfighter need and are expected to be successfully demonstrated in a relevant environment.
Provides the military services with new funding and acquisition flexibility to experiment with, prototype, and rapidly deploy weapon system components and other technologies.
(Sec. 1703) Requires DOD to assign program cost and fielding targets when MDAPs are initiated and specifies procedures and requirements for the establishment of the targets. Requires that, if a program exceeds it targets, the milestone decision authority must request relief from the Secretary before granting Milestone B approval. Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to conduct an independent technical risk assessment prior to program milestones decisions. Specifies that the service acquisition executives are the milestone decision authorities for joint programs being initiated after October 1, 2019.
(Sec. 1704) Requires the milestone decision authority for a MDAP to provide specified reports to Congress at each milestone decision point. Requires the reports to present key decision metrics, including the program’s cost and fielding targets, cost and schedule estimates, and evaluations of technical risks.
(Sec. 1705) Specifies the technical data rights provided to the U.S. government in various types of interfaces. Requires the U.S. government and DOD contractors to negotiate for data rights when items or processes are developed with a mix of federal and private funds. Limits deferred ordering of technical data to six years after delivery of the last item on a contract and to technical data generated, not utilized, in the performance of the contract.
TITLE XVIII–MATTERS RELATING TO SMALL BUSINESS PROCUREMENT
Subtitle A–Improving Transparency and Clarity for Small Businesses
(Sec. 1801) Amends requirements for small business procurements included in the Small Business Act to reorganize the section and modernize the terms used, consistent with other sections of the U.S. Code.
(Sec. 1802) Requires the Small Business Administration (SBA), using data already required to be collected from contractors, to track companies that outgrow or no longer qualify for a small business program, as well as identify how prime contracting goals are met.
(Sec. 1803) Requires the General Services Administration to issue an annual report on the share of total contract value awarded to small businesses. Requires the report to include all procurements made for the period covered by the report without excluding any contract awarded.
(Sec. 1804) Amends the Small Business Act to update procurement terminology, consistent with the Federal Acquisition Regulation and with terminology used in other titles of the U.S. Code.
Subtitle B–Clarifying the Roles of Small Business Advocates
(Sec. 1811) Specifies that procurement center representatives review consolidated contracts or task orders that are fully or partially set aside or reserved for small business. Authorize the SBA to limit reviews by procurement center representatives of certain types of contracts, such as foreign military sales, contingency operation contracts, or humanitarian operations, unless the contracting agency requests such a review.
(Sec. 1812) Specifies that the responsibilities of the commercial market representatives employed by the SBA include: (1) helping prime contractors to find small business concerns that are capable of performing subcontracts, (2) assisting prime contractors with meeting specified subcontracting obligations found in the Small Business Act, (3) providing counseling on how a small business concern may promote its capacity to contractors awarded contracts, and (4) conducting periodic reviews of contractors awarded contracts to assess compliance with required subcontracting plans.
(Sec. 1813) Revises the duties of the Office of Small and Disadvantaged Utilization in federal agencies. Authorizes the offices to: (1) provide assistance to service-disabled veteran-owned small businesses and participants in the Historically Underutilized Business Zone program, and (2) review annual summaries of government credit card purchases to ensure compliance with the Small Business Act.
(Sec. 1814) Requires the SBA to: (1) provide assistance to small businesses contractors in finding resources for education and training on compliance with contracting regulations after a contract is awarded, and (2) provide to small business development centers, entities participating in the Procurement Technical Assistance Cooperative Agreement Program, and on the website of the SBA a list of resources for small business concerns seeking education and assistance on compliance with contracting regulations.
Requires any mentor-protege agreement approved by the SBA or DOD to address the provision of compliance assistance to the protege firm.
(Sec. 1815) Adds a job description and reporting hierarchy for business opportunity specialists of the SBA.
Subtitle C–Strengthening Opportunities for Competition in Subcontracting
(Sec. 1821) Specifies that that failure to provide contractual documentation showing compliance with a subcontracting plan is a material contract breach. Authorizes Offices of Small and Disadvantaged Business Utilization to review subcontracting plans. Requires the SBA to provide examples of activities that would be considered a failure to make a good-faith effort to comply with a subcontracting plan.
(Sec. 1822) Establishes a three-year pilot program in which small, first-tier subcontractors may obtain past-performance credit from the SBA. Requires the SBA to coordinate past-performance requests with the relevant Office of Small and Disadvantaged Business Utilization and the prime contractor and assign a favorable past-performance rating if all parties agree.
Subtitle D–Mentor-Protege Programs
(Sec. 1831) Requires the SBA to determine whether a prospective protege firm is affiliated with its proposed mentor prior to approval of a mentor-protege agreement. Removes the same requirement from DOD.
(Sec. 1832) Requires DOD to obtain approval from the SBA prior to carrying out a mentor-protege program.
Subtitle E–Women’s Business Programs
(Sec. 1841) Specifies the duties of the SBA’s Office of Women’s Business Ownership and requires the office to establish an accreditation program for its grant recipients.
(Sec. 1842) Revises requirements for the Women’s Business Center Program to provide definitions of key terms relating to eligibility, to adjust the statutory cap on grants and requirement for matching funds, establish a mechanism for use of unobligated grant funds at the end of the fiscal year, and modify the procedures for the oversight of grant recipients.
(Sec. 1843) Limits the ability of the SBA to waive the requirement for matching funds by grant recipients under the Women’s Business Center Program. Exempts excess non-federal dollars obtained by a grant recipient from specified federal regulations.
Subtitle F–SCORE Program
(Sec. 1851) Reauthorizes the SCORE program through FY2018 and permits the current level of appropriations to extend through that period.
(Sec. 1852) Renames the Service Corps of Retired Executives program the “SCORE program.” Defines terms used in the SCORE program and requires an annual report on the effectiveness of the program. Directs the SBA to establish standards protecting the information of entrepreneurs counseled by SCORE.
(Sec. 1853) Requires SCORE to use online counseling, including by developing and implementing webinars and an electronic mentoring platforms.
(Sec. 1854) Requires SCORE to study the future role of the program and implement a strategic plan for evolving to meet the needs of small business concerns and potential future small business concerns over the course of the five years following enactment of this bill.
(Sec. 1855) Makes technical and conforming amendments to change references to “Service Corps of Retired Executives” to the “SCORE program.”
Subtitle G–Miscellaneous Provisions
(Sec. 1861) Requires the SBA to annually share a list of regulatory changes affecting small-business contracting with entities responsible for training acquisition personnel and to entities providing technical assistance to small contractors. Requires the applicable entities to periodically update training materials.
(Sec. 1862) Makes permanent the authorization for the GAO to decide certain bid protests in connection with the issuance or proposed issuance of a task or delivery order.
(Sec. 1863) Revises the definition of an agricultural enterprise included in the Small Business Act. Authorizes the SBA to establish different size standards for various types of agricultural enterprises using the existing method and appeals process by which the SBA establishes other size standards.
(Sec. 1864) Standardizes definitions for veteran-owned small businesses (VOSBs) and service-disabled veteran-owned small businesses (SDVOSBs). Requires the Department of Veterans Affairs (VA) to use the regulations established by the SBA for establishing ownership and control of VOSBs and SDVOSBs. Authorizes the Office of Hearings and Appeals of the SBA to decide challenges to the status of a VOSB or SDVOSB based upon issues of ownership or control.
(Sec. 1865) Requires the SBA to submit to Congress information regarding certain federal major information technology investments. (Under current law, the information must be provided by federal agencies to the Office of Management and Budget and made public.)
(Sec. 1866) Specifies that the SBA Office of Hearings and Appeals only hears appeals regarding programs found in the Small Business Act.
(Sec. 1867) Requires the SBA to issue guidance with respect to changes to the Small Business Act made in this title.
(Sec. 1868) Establishes requirements and authorities for the role of Small Business Development Centers (SBDCs) with respect to providing: (1) assistance in furtherance of the Small Business Development Center Cyber Strategy; and (2) access to cyber security specialists to counsel, assist, and inform small businesses in furtherance of the strategy.
(Sec. 1869) Amends the Small Business Act to permit DHS, and another federal department or agency in coordination with DHS, to assist SBDCs, through the dissemination of cybersecurity risk information and other homeland security information, to help small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees.
(Sec. 1869A) Amends the Homeland Security Act of 2002 to permit DHS to provide assistance to SBDCs, through the dissemination of cybersecurity risk information and other homeland security information, to help small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, and cyber training programs for employees.
(Sec. 1869B) Requires the GAO to conduct a review of current cyber security resources at the federal level aimed at assisting small business concerns with developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs for employees.
Requires the SBA and DHS to work collaboratively to develop a Small Business Development Center Cyber Strategy.
(Sec. 1869C) Specifies that no additional funds are authorized to be appropriated to carry out sections 1868 through 1869B of this bill or the amendments made by the sections.
Small Business Development Centers Improvement Act of 2016
(Sec. 1872) Amends the Small Business Act to provide that the SBA may only use specified authorized programs to deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training. Includes an exception for services provided to assist small business concerns owned by an Indian tribe. Requires the SBA to report annually to Congress on all entrepreneurial development activities undertaken in the current fiscal year.
(Sec. 1873) Permits grant recipients under the Small Business Development Center (SBDC) program to market and advertise their services to individuals and small businesses.
(Sec. 1874) Requires the SBA to consult with SBDC associations on the creation of documents governing data collection activities related to SBDCs.
(Sec. 1875) Permits SBDCs to collect fees or other income related to the operation of private partnerships or co-sponsorships.
(Sec. 1876) Eliminates the authorization for the SBA to use specified SBDC funds to pay for examination expenses associated with reviewing SBDCs.
(Sec. 1877) Prohibits SBDCs (including consortia and affiliated contractors or agents) from disclosing certain identifying information of any individual or small business receiving assistance to any state, local, or federal agency or third party.
(Sec. 1878) Prohibits the SBA from awarding grants (including contracts and cooperative agreements) under the SBDC program to any entity other than those that: (1) received such grants prior to the enactment of this bill, and (2) seek to renew them after such date. Exempts not-for-profit institutions of higher education from such prohibition.
Military Construction Authorization Act for Fiscal Year 2017
DIVISION B–MILITARY CONSTRUCTION AUTHORIZATIONS
(Sec. 2002) Specifies that the authorizations provided in titles XXI through XXVII and title XXIX of this bill expire on October 1, 2019, or the date of enactment of an act authorizing funds for military construction for FY2020, whichever is later.
(Sec. 2003) Specifies that titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX of this bill take effect on October 1, 2016, or the date of enactment of this bill, whichever is later.
TITLE XXI–ARMY MILITARY CONSTRUCTION
(Sec. 2101) Authorizes specified Army construction and land acquisition projects.
(Sec. 2102) Authorizes new construction and planning and design of family housing units for the Army.
(Sec. 2103) Authorizes appropriations for Army military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2104) Modifies the authorization for construction of an aircraft maintenance hangar at Joint Base Lewis-McChord, Washington, to permit the Army to construct an aircraft washing apron.
(Sec. 2105) Extends the authorizations for specified FY2013 projects.
(Sec. 2106) Extends the authorizations for specified FY2014 projects.
TITLE XXII–NAVY MILITARY CONSTRUCTION
(Sec. 2201) Authorizes specified Navy construction and land acquisition projects
(Sec. 2202) Authorizes new construction and planning and design of family housing units for the Navy.
(Sec. 2203) Authorizes the Navy to make improvements to existing units of family housing.
(Sec. 2204) Authorizes appropriations for Navy military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2205) Modifies the authorization for the construction of a water transmission line in Pearl City, Hawaii, to permit the Navy to construct a specified water transmission line as part of the network required to provide the main water supply to Joint Base Pearl Harbor-Hickam, Hawaii.
(Sec. 2206) Extends the authorizations of specified FY2013 projects.
(Sec. 2207) Extends the authorizations of specified FY2014 projects.
(Sec. 2208) Requires the Navy to report to Congress regarding the status of the implementation of the “net negative” policy regarding the total number of acres of the real property controlled by Navy on Guam. (The “net negative” policy provides that the relocation of Marines to Guam in 2011 will not cause the total number of acres of real property controlled by the Navy on Guam upon the completion of the relocation to exceed the total number of acres of real property controlled by the Navy on Guam prior to the relocation.)
TITLE XXIII–AIR FORCE MILITARY CONSTRUCTION
(Sec. 2301) Authorizes specified Air Force construction and land acquisition projects.
(Sec. 2302) Authorizes new construction and planning and design of family housing units for the Air Force.
(Sec. 2303) Authorizes the Air Force to make improvements to existing units of family housing.
(Sec. 2304) Authorizes appropriations for Air Force military construction, land acquisition, and military family housing functions at the levels identified in section 4601.
(Sec. 2305) Modifies the authorization for Malmstrom Air Force Base, Montana, for construction of a Tactical Response Force Alert Facility to permit the Air Force to construct an emergency power generator system consistent with the Air Force’s construction guidelines.
(Sec. 2306) Extends the authorization for a specified project at Lajes Field, Portugal.
(Sec. 2307) Extends the authorization for the Guardian Angel Operations Facility at the Aviano Air Base in Italy.
(Sec. 2308) Prohibits the Air Force from using funds to acquire property or interests in property at an unspecified location in the Commonwealth of the Northern Mariana Islands until it submits to Congress a report that provides the location and other specified details.
TITLE XXIV–DEFENSE AGENCIES MILITARY CONSTRUCTION
(Sec. 2401) Authorizes specified construction and land acquisition projects for defense agencies.
(Sec. 2402) Authorizes DOD to carry out specified energy conservation projects.
(Sec. 2403) Authorizes appropriations for military construction, land acquisition, and military family housing functions of defense agencies at the levels identified in section 4601.
(Sec. 2404) Modifies the authorization for Royal Air Force Lakenheath, United Kingdom, for construction of a high school to permit DOD to construct a combined middle/high school.
(Sec. 2405) Extends the authorizations of specified FY2013 projects.
(Sec. 2406) Extends the authorizations of specified FY2014 projects.
TITLE XXV–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
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 Reserve 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) Modifies the authorization for the construction of an Army Reserve Center/Aviation Support Facility for MacDill Air Force Base, Florida, to permit the Army to relocate and construct replacement skeet and grenade launcher ranges necessary to clear the site for the new Army Reserve facilities.
(Sec. 2614) Extends the FY2013 authorization for the Joint Reserve Center in Fort Des Moines, Iowa.
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
(Sec. 2801) Increases the minor military construction threshold for laboratory revitalization projects. Eliminates requirements for review and approval by the Secretary of Defense and adds requirements for congressional notification and a wait-period.
(Sec. 2802) Reclassifies facility conversion projects as repair projects to allow all work within the existing dimensions of a facility to be considered repair.
(Sec. 2803) Extends through FY2017 the authority for DOD to use funds appropriated for Operation and Maintenance for military construction to meet temporary operational requirements during a time of declared war, national emergency, or contingency operation.
(Sec. 2804) Extends for five years the temporary project authority for acceptance and use of contributions for construction, maintenance, and repair projects mutually beneficial to DOD and Kuwait military forces.
(Sec. 2805) Revises congressional notification and reporting requirements for certain energy conservation construction projects.
(Sec. 2806) Expands the defense laboratory modernization pilot program to include a DOD research, development, test, and evaluation facility that is not designated as a Science and Technology Reinvention Laboratory, but is involved with developmental test and evaluation.
Subtitle B–Real Property and Facilities Administration
(Sec. 2811) Establishes a congressional notification requirement for payment in-kind and in-kind contributions used for overseas military construction projects. Repeals the authorization requirement for the projects established by the Carl Levin and Howard P. ”Buck” McKeon National Defense Authorization Act for Fiscal Year 2015.
(Sec. 2812) Prohibits any military installation, excluding installations located outside of the United States, from being used to house unaccompanied alien children.
(Sec. 2813) Authorizes the Secretary of a military department to allot space and services on military installations to local agencies administering the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to service members and their families.
(Sec. 2814) Expresses the sense of Congress regarding the need for DOD to consult with state and local officials prior to acquisitions of real property.
(Sec. 2815) Expresses the sense of Congress that stormwater systems and components are included within the meaning of ”wastewater system” under the DOD authority for conveyance of utility systems.
(Sec. 2816) Requires DOD to submit to Congress a report that includes an update of the July 2011 assessment on the condition and capacity of elementary and secondary public schools on military installations.
(Sec. 2817) Requires DOD to establish a process by which a foreign government may request the transfer of surplus real property or improvements under the jurisdiction of DOD in the foreign country. Authorizes the DOD Overseas Military Facility Investment Recovery Account to be used for military readiness programs.
Subtitle C–Provision Related to Asia-Pacific Military Realignment
(Sec. 2821) Amends the restrictions placed on the development of civilian infrastructure on Guam to support the realignment of Marine Corps Forces in the Asia-Pacific region to allow the use of funds for infrastructure projects that are identified in the report of the Economic Adjustment Committee required by the National Defense Authorization Act for Fiscal Year 2014.
Subtitle D–Land Conveyances
(Sec. 2831) 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. 2832) 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. 2833) Authorizes the Navy to exchange specified land in San Diego, California, that contains parking spaces, with the San Diego Unified Port District in return for property of equal value, and without encumbrances, that provides the rights to an equivalent number of parking spaces,
(Sec. 2834) Authorizes the Air Force to release any and all exceptions, limitations, and conditions specified by the United States in the deeds conveying specified real property in Okaloosa County, Florida, which were conveyed to the Air Force Enlisted Men’s’ Widows and Dependents Home Foundations, Incorporated.
(Sec. 2835) Authorizes the Army to exchange land at Fort Hood, Texas, with the city of Copperas Cove, Texas, to support the city’s efforts to improve arterial transportation routes in the vicinity of Fort Hood and to promote economic development.
(Sec. 2836) Authorizes the Army to convey, without consideration, to the Laredo Community College all right, title, and interest of the United States in and to the Historic Building, P-36 Quartermaster Warehouse, at Colbern U.S. Army Reserve Center, Laredo, Texas.
(Sec. 2837) Authorizes the Department of the Interior to convey, without consideration, to Utah all right, title, and interest of the United States in and to a parcel of public land in St. George, Utah, for the purpose of permitting the Utah National Guard to use the land for military purposes.
(Sec. 2838) Authorizes the Department of Transportation to release, for consideration, to the Port of Benton all remaining right, title, and interest of the United States in and to a parcel of real property in Richland, Washington.
(Sec. 2839) Amends the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 to modify the terms of the land conveyance related to the Rocky Mountain Arsenal National Wildlife Refuge.
(Sec. 2839A) Requires the Federal Aviation Administration to release the city of St. Marys, Georgia, from all restrictions, conditions, and limitations on the use, encumbrance, conveyance, and closure of the St. Marys Airport, to the extent such restrictions, conditions, and limitations are enforceable by the FAA. Specifies requirements for the release of the restrictions.
(Sec. 2839B) Prohibits DOD from transferring administrative jurisdiction over the parcel of federal land depicted as “Parcel D” on the map entitled “Organ Mountains Area – Fillmore Canyon” and dated April 19, 2016, from DOD to the Department of the Interior.
Subtitle E–Military Land Withdrawals
(Sec. 2841) Extends the public lands withdrawn for military purposes listed in the Military Lands Withdrawal Act of 1999 until the Secretary of a military department determines a military purpose does not exist, or Interior permanently transfers the administrative jurisdiction to the Secretary of the military department concerned.
(Sec. 2842) Amends the Military Construction Authorization Act for Fiscal Year 2014 to make permanent or authorize transfer of administrative jurisdiction of the public land withdrawal for the Naval Air Weapons Station, China Lake, California.
Subtitle F–Military Memorials, Monuments, and Museums
(Sec. 2851) Authorizes DOD to establish the Cyber Center for Education and Innovation–Home of the National Cryptologic Museum at Fort George G. Meade.
(Sec. 2852) Changes the name of the John W. Berry, Sr. Wright Brothers Aviation Center in Dayton, Ohio, to the John W. Berry, Sr. Wright Brothers National Museum.
(Sec. 2853) Authorizes DOD to: (1) provide financial support for military service memorials and museums that highlight the role of women in the military, and (2) to enter into a contract with a non-profit organization to carry out the activities describe above, subject to congressional notification and reporting requirements.
(Sec. 2854) Authorizes Interior to acquire the land and interest in land from willing sellers and without use of condemnation, to expand the boundary of the Petersburg National Battlefield. Authorizes a specified land swap between Interior and the Army.
(Sec. 2855) Amends the National Historic Preservation Act to prohibit the designation of federal property as a National Historic Landmark or for nomination to the World Heritage List if the head of the agency managing the federal property objects for national security reasons. Authorizes the expedited removal of federal property listed on the National Register of Historic Places if the managing agency of that federal property submits a request to Interior for the removal for national security reasons.
(Sec. 2856) Requires a certification by the Secretaries of the Air Force, Navy, and the Army to allow recognition of the National Museum of World War II Aviation in Colorado Springs, Colorado, as America’s National World War II Aviation Museum.
(Sec. 2857) Establishes within the Department of the Interior a grant program for the preservation of our nation’s most historic battleships.
Subtitle G–Designations and Other Matters
(Sec. 2861) Designates the cantonment area at Moffett Federal Airfield, California, utilized by the California Air National Guard as Moffett Air National Guard Base.
(Sec. 2862) Changes the name of the Mike O’Callaghan Federal Medical Center to the Mike O’Callaghan Military Medical Center.
(Sec. 2863) Authorizes the Army to transfer certain items under the control of the Omar Bradley Foundation to the descendants of General Omar Bradley.
(Sec. 2864) Delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Prohibits Interior or the Department of Agriculture from amending any federal resource management plans affecting the greater sage grouse in a state in which the governor has notified the Secretaries that a state management plan is in place.
(Sec. 2865) Prohibits Interior from treating the lesser prairie chicken as a threatened or endangered species under the Endangered Species Act of 1973 before December 31, 2022.
(Sec. 2866) Removes the endangered species status for the American burying beetle.
(Sec. 2867) Requires the Army Corps of Engineers to report to Congress on the process by which it acquired specified properties along the Columbia River, Washington.
TITLE XXIX–OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
(Sec. 2901) Authorizes specified Overseas Contingency Operations (OCO) construction and land acquisition projects for the Navy.
(Sec. 2902) Authorizes specified OCO construction and land acquisition projects for the Air Force.
(Sec. 2903) Authorizes appropriations for OCO military construction at the levels identified in sections 4602 and 4603.
TITLE XXX–UTAH TEST AND TRAINING RANGE ENCROACHMENT PREVENTION AND TEMPORARY CLOSURE AUTHORITIES
(Sec. 3001) States certain findings and provides the definitions for the Utah Test and Training Range Encroachment Prevention and Temporary Closure Authorities.
Subtitle A–Utah Test and Training Range
(Sec. 3011) Directs Interior and the Air Force to enter into a memorandum of agreement for the continued management of Bureau of Land Management (BLM) land by Interior for the preservation of the Utah Test and Training Range.
(In this subtitle, BLM land refers to Bureau of Land Management land in Utah comprising approximately 625,643 acres, as depicted on the map entitled “Utah Test and Training Range Enhancement/West Desert Land Exchange” and dated February 12, 2016.)
(Sec. 3012) 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. 3013) Establishes the Utah Test and Training Range Community Resource 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. 3014) 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. 3015) Specifies that nothing in this subtitle affects existing training or weapons impact areas, military special use airspace, special recreational areas, historical trails, water rights, federally recognized Indian tribes, and other specified laws.
Subtitle B–Land Exchange
(Sec. 3021) States findings and defines the purpose for the exchange of certain federal and non-federal land between the United States and Utah.
(Sec. 3022) Defines the terms used in this subtitle.
(Sec. 3023) 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. 3024) Requires the non-federal land transferred to the United States in the Cedar Mountain Wilderness to be administered as part of the Cedar Mountain Wilderness.
(Sec. 3025) 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 C–Highway Rights-of-Way
(Sec. 3031) Recognizes the existence and validity of certain highway rights-of-way and authorizes the Secretary with administrative jurisdiction to convey, without consideration, to certain counties and Utah as joint tenants, easements for motorized travel rights-of-way across federal land for specified highways.
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. Authorizes a new plant project for defense environmental cleanup activities at the Savannah River Site in Aiken, South Carolina.
(Sec. 3103) Authorizes appropriations to DOE for Other Defense Activities in carrying out programs as specified in section 4701 of this bill.
(Sec. 3104) Authorizes appropriations to DOE for nuclear energy as specified in section 4701 of this bill.
Subtitle B–Program Authorizations, Restrictions, and Limitations
(Sec. 3111) Requires the Administrator for Nuclear Security and the Assistant Secretary of Energy for Environmental Management to ensure that an independent entity reviews capital assets acquisition projects that have a total project cost of more than $500 million at various phases of the acquisition process.
(Sec. 3112) Prohibits DOE funds from being used for research and development (R&D) of an advanced naval nuclear fuel system based on low-enriched uranium (LEU).
Authorizes appropriations for the Deputy Administrator for Naval Reactors to commence initial planning and early R&D of an advanced naval nuclear fuel system based on LEU for aircraft carriers and submarines.
Specifies that, if DOE and the Navy jointly determine to pursue R&D of an advanced naval nuclear fuel system based on LEU, the departments shall ensure that funding for the efforts is requested only within a budget line within defense nuclear nonproliferation.
(Sec. 3113) Requires DOE to use specified funds for construction and program support activities relating to the Mixed Oxide (MOX) Fuel Fabrication Facility at the Savannah River Site in Aiken, South Carolina. Permits a waiver if DOE submits specified details to Congress and waits 15 days.
(Sec. 3114) Requires DOD to update, by August 31, 2016, a DOE order relating to the design basis threat for protecting nuclear weapons, special nuclear material, and other critical assets in the custody of DOE.
(Sec. 3115) Prohibits the use of funds made available for atomic energy defense activities from being used to enter into a contract with, or otherwise provide assistance to Russia. Permits a national security waiver.
(Sec. 3116) Limits the availability of NNSA funds for defense-related federal Salaries and Expenses until DOE submits to Congress, as required by the Atomic Energy Defense Act, an updated plan regarding the designing and building of prototypes of nuclear weapons for intelligence purposes.
(Sec. 3117) Limits the availability of funds for program direction within the defense environmental cleanup program until DOD submits to Congress the future-years defense environmental clean-up plan required during calendar year 2017 pursuant to the Atomic Energy Defense Act.
(Sec. 3118) Authorizes specified NNSA funds to be used to carry out nuclear weapons dismantlement and disposition activities. Prohibits funds from being used to: (1) accelerate the nuclear weapons dismantlement activities of NNSA beyond the rate contained in a specified dismantlement schedule, or (2) dismantle or dispose of a W84 nuclear weapon. Specifies exception for the prohibitions regarding the W84 and dismantlement schedule.
(Sec. 3119) Requires DOD to annually certify to Congress that the management and operating contractors of the nuclear security enterprise have certified to the Administrator for Nuclear Security that they are aware of the contents of each container shipped by the contractor to the Waste Isolation Pilot Plant, Carlsbad, New Mexico, in sufficient detail.
(Sec. 3119A) Limits the availability of funds for the Office of the Secretary of Energy until DOE submits to Congress the full report, and any related materials, titled “U.S. Nuclear Deterrence in the Coming Decades,” dated August 15, 2014.
(Sec. 3119B) Expresses the sense of Congress that DOE should ensure that each laboratory operating contractor or plant or site manager of a NNSA facility adopts generally accepted and consistent accounting practices for laboratory, plant, or site directed research and development.
(Sec. 3119C) Authorizes DOE to take actions necessary to mitigate the threat of an unmanned aircraft that poses an imminent threat to the safety or security of certain nuclear facilities. Specifies that the actions include: (1) disrupting control of the aircraft, (2) seizing and exercising control of the aircraft, (3) seizing or otherwise confiscating the aircraft, and (4) using reasonable force to disable or destroy the aircraft.
Subtitle C–Plans and Reports
(Sec. 3121) Specifies requirements for the annual report and certification on the status of security at atomic energy defense facilities.
(Sec. 3122) Modifies the requirements for the annual report on the NNSA service support contracts to require the inclusion of: (1) the cost of each contract, and (2) an identification of the program or program direction accounts that support each contract.
(Sec. 3123) Repeals requirements for: (1) biennial reports on a plan to protect against the inadvertent release of restricted data and formerly restricted data, and (2) a GAO report on the NNSA’s program of scientific engagement for nonproliferation.
(Sec. 3124) Requires DOE to seek to enter into an agreement with the National Academy of Sciences for an independent assessment of the defense environmental cleanup program.
(Sec. 3125) Requires the President to submit to Congress, within 90 days of enactment of this bill, a comprehensive and detailed update to the plan for verification and monitoring of nuclear weapons and fissile material required under current law. Limits the availability of FY2017 DOD funds for supporting the Executive Office of the President until the updated plan is submitted.
(Sec. 3126) Requires DOD, DOE, and the State Department to brief Congress on the feasibility and potential benefits of a dialogue between the United States and France on the use of low-enriched uranium in naval reactors.
TITLE XXXII–DEFENSE NUCLEAR FACILITIES SAFETY BOARD
(Sec. 3201) Authorizes appropriations for the Defense Nuclear Facilities Safety Board.
Nuclear Energy Innovation Capabilities Act
TITLE XXXIII–NUCLEAR ENERGY INNOVATION CAPABILITIES
(Sec. 3302) Amends provisions of the Energy Policy Act of 2005 regarding DOE’s civilian nuclear energy research and development mission to address private sector partnerships with national laboratories for the purpose of developing novel reactor concepts.
(Sec. 3303) Makes technical changes to provisions of the Energy Policy Act of 2005 regarding nuclear energy research programs.
(Sec. 3304) Makes technical changes to provisions of the Energy Policy Act of 2005 regarding the Advanced Fuel Cycle Initiative.
(Sec. 3305) Makes technical changes to provisions of the Energy Policy Act of 2005 regarding university nuclear science and engineering support.
(Sec. 3306) Requires DOE to: (1) determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility; and (2) submit to Congress a detailed plan for the establishment of the user facility.
(Sec. 3307) Makes technical changes to provisions of the Energy Policy Act of 2005 regarding the security of nuclear facilities.
(Sec. 3308) Requires DOE to carry out a program to use its supercomputing infrastructure to accelerate nuclear energy research and development capabilities for advanced fission and fusion reactor technologies.
(Sec. 3309) Authorizes DOE to enable the private sector to construct and operate privately-funded reactor prototypes at DOE sites.
(Sec. 3310) Requires DOE to submit to Congress: (1) specified 10-year budget plans for civilian nuclear energy research and development, and (2) a report identifying engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production not later than 15 years after the start of construction.
(Sec. 3311) Makes conforming changes to the table of contents of the Energy Policy Act of 2005.
TITLE XXXIV–NAVAL PETROLEUM RESERVES
(Sec. 3401) Authorizes appropriations for the operation and maintenance of the Naval Petroleum Reserves.
TITLE XXXV–MARITIME ADMINISTRATION
(Sec. 3501) Authorizes appropriations for the national security aspects of the Merchant Marine.
(Sec. 3502) Permits the Department of Transportation (DOT) to make a pro rata reduction in the amounts paid to vessel owners or operators under operating agreements if appropriations are insufficient to make full payment of the amounts authorized and agreed to under current law.
(Sec. 3503) Authorizes DOD, in conjunction with DOT, to extend the 20- and 25-year age restrictions for vessels in the maritime security fleet for a period of up to 5 years, when the departments jointly determine that it would be in the national interest to do so.
(Sec. 3504) Makes technical and conforming corrections to the Coast Guard Authorization Act of 2015.
(Sec. 3505) Codifies the legal status of National Defense Reserve Fleet (NDRF) vessels. Specifies that the U.S. Maritime Administration’s training ships which are part of the NDRF are public vessels. Specifies that NDRF vessels remain ”vessels” until they are delivered to a dismantling facility.
(Sec. 3506) Authorizes the Maritime Administration to enter into a contract for a National Security Multi-Mission Vessel for: (1) use as a training vessel that can be provided to state maritime academies; and (2) humanitarian assistance, disaster response, domestic and foreign emergency contingency operations, and other authorized uses of vessels of the National Defense Reserve Fleet.
(Sec. 3507) Codifies the qualifications for appointment to the position of Superintendent of the Merchant Marine Academy.
(Sec. 3508) Increases the apportionment of National Defense Reserve Fleet scrapping proceeds to the National Maritime Heritage Grant Program.
(Sec. 3509) Exempts floating dry docks that are used for the construction of a naval vessel in a U.S. shipyard from certain restrictions that apply to floating dry docks.
(Sec. 3510) Requires DHS to seek to expedite processing of applications for transportation security cards for members of the Armed Forces who are separating from active duty service with a discharge other than a dishonorable discharge.
(Sec. 3511) Requires the Transition Assistance Program to provide information on career opportunities for employment available to members with transportation security cards.
(Sec. 3512) Specifies that, for the purposes of any federal law except the Federal Water Pollution Control Act (commonly known as the Clean Water Act) any vessel, including a foreign vessel, being repaired or dismantled is deemed to be a recreational vessel during the repair or dismantling, if the vessel: (1) shares elements of design and construction of traditional recreational vessels; and (2) when operating is not normally engaged in a military, commercial, or traditionally commercial undertaking.
Vessel Incidental Discharge Act
TITLE XXXVI–BALLAST WATER
(Sec. 3602) Provides definitions for the Vessel Incidental Discharge Act.
(Sec. 3603) Requires the Department of Homeland Security (DHS), in consultation with the Environmental Protection Agency (EPA), to establish and implement enforceable uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel.
(Sec. 3604) Specifies uniform national standards and requirements for the regulation of discharges incidental to the normal operations of a vessel.
(Sec. 3605) Establishes a technology certification process for ballast water treatment technology.
(Sec. 3606) Establishes exemptions from standards regarding a discharge incidental to the normal operation of a vessel.
(Sec. 3607) Requires DHS to promulgate regulations establishing one or more compliance programs as an alternative to ballast water management regulations issued under this bill for a vessel that: (1) has a maximum ballast water capacity of less than eight cubic meters; (2) is less than three years from the end of the useful life of the vessel, and (3) discharges ballast water into a facility for the reception of ballast water that meets standards promulgated by the EPA.
(Sec. 3608) Establishes the process of judicial review for a final regulation promulgated under this title.
(Sec. 3609) Prohibits a state or political subdivision from adopting or enforcing any statute or regulation with respect to a discharge incidental to the normal operation of a vessel after the date of enactment of this bill.
(Sec. 3610) Provides that this title is the exclusive statutory authority for regulation by the federal government of discharges incidental to the normal operation of a vessel to which this title applies.
DIVISION D–FUNDING TABLES
(Sec. 4001) Provides for the allocation of funds among programs, projects, and activities in accordance with the tables in division D of this bill, subject to reprogramming requirements.
(Sec. 4101) Sets forth amounts requested and authorized for Procurement.
(Sec. 4102) Sets forth amounts requested and authorized for Procurement for Overseas Contingency Operations.
(Sec. 4103) Sets forth amounts requested and authorized for Procurement for Overseas Continge ncy Operations for base requirements.
TITLE XLII–RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(Sec. 4201) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation.
(Sec. 4202) Sets forth amounts requested and authorized for Rese a rch, Development, Test, and Evaluation for Overseas Contingency Operations.
(Sec. 4203) Sets forth amounts requested and authorized for Research, Development, Test, and Evaluation for Overseas Contingency Operations for base requirements.
TITLE XLIII–OPERATION AND MAINTENANCE
(Sec. 4301) Sets forth amounts requested and authorized for Operation and Maintenance.
(Sec. 4302) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations.
(Sec. 4303) Sets forth amounts requested and authorized for Operation and Maintenance for Overseas Contingency Operations for base requirements.
TITLE XLIV–MILITARY PERSONNEL
(Sec. 4401) Sets forth amounts requested and authorized for Military Personnel.
(Sec. 4402) Sets forth amounts requested and authorized for Military Personnel for Overseas Contingency Operations.
(Sec. 4403) Sets forth amounts requested and authorized for Military Personnel for Overseas Contingency Operations for base requirements.
TITLE XLV–OTHER AUTHORIZATIONS
(Sec. 4501) Sets forth amounts requested and authorized for other specified authorizations, including: the Working Capital Fund, the National Defense Sealift Fund, the National Sea-Based Deterrence Fund, Chemical Agents and Munitions Destruction, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program.
(Sec. 4502) Sets forth amounts requested and authorized for the Working Capital Fund, Drug Interdiction and Counter-Drug Activities, the Office of the Inspector General, and the Defense Health Program for Overseas Contingency Operations.
(Sec. 4503) Sets forth amounts requested and authorized for Drug Interdiction and Counter-Drug Activities for Overseas Contingency Operations for base requirements.
TITLE XLVI–MILITARY CONSTRUCTION
(Sec. 4601) Sets forth amounts requested and authorized for Military Construction.
(Sec. 4602) Sets forth amounts requested and authorized for Military Construction for Overseas Contingency Operations.
(Sec. 4603) Sets forth amounts requested and authorized for Military Construction for Overseas Contingency Operations for base requirements.
TITLE XLVII–DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(Sec. 4701) Sets forth amounts requested and authorized for Department of Energy National Security Programs.
Military Justice Act of 2016
DIVISION E–MILITARY JUSTICE
TITLE LX–GENERAL PROVISIONS
(Sec. 6001) Makes technical amendments to provisions of the Uniform Code of Military Justice (UCMJ) relating to the definitions of ”military judge” and ”judge advocate.”
(Sec. 6002) Specifies that Reserve Component members performing inactive duty training are subject to the UCMJ.
(Sec. 6003) 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. 6004) 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. 6005) 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 LXI–APPREHENSION AND RESTRAINT
(Sec. 6101) 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. 6102) 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 LXII–NON-JUDICIAL PUNISHMENT
(Sec. 6201) Modifies requirements for confinement as non-judicial punishment to prohibit punishment in the form of a diet consisting only of bread and water.
TITLE LXIII–COURT-MARTIAL JURISDICTION
(Sec. 6301) 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. 6302) 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. 6303) Amends the UCMJ to align the statute with proposed changes regarding the composition of special courts-martial.
(Sec. 6304) 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 LXIV–COMPOSITION OF COURTS-MARTIAL
(Sec. 6401) Make a technical amendment to provisions of the UCMJ regarding the person authorized to convene general courts-martial.
(Sec. 6402) 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. 6403) Establishes a standard panel size of 12 court-martial members in capital cases.
(Sec. 6404) 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. 6405) 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. 6406) 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. 6407) 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 LXV–PRE-TRIAL PROCEDURE
(Sec. 6501) 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. 6502) Specifies requirements for conducting preliminary hearings before referral of charges and specifications to general courts-martial for trial.
(Sec. 6503) 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. 6504) 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.
TITLE LXVI–TRIAL PROCEDURE
(Sec. 6601) Makes a conforming amendment to provisions regarding the duties of an assistant defense counsel.
(Sec. 6602) Specifies that military judges preside at arraignments.
(Sec. 6603) 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. 6604) Makes conforming changes regarding standard panel sizes in general and special courts-martial.
(Sec. 6605) 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. 6606) Specifies the circumstances under which jeopardy attaches to align it with federal civilian standards concerning double jeopardy.
(Sec. 6607) 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. 6608) 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. 6609) 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. 6610) 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. 6611) Makes a conforming change to eliminate special courts-martial without a military judge.
(Sec. 6612) Makes a conforming change to remove references to courts-martial without a military judge.
(Sec. 6613) 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. 6614) Transfers provisions regarding plea agreements to a different code section. Provides rules for the construction and negotiation of plea agreements.
(Sec. 6615) 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. 6701) 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. 6701A) Establishes a minimum period of confinement for those convicted of certain sex-related offenses.
(Sec. 6702) 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. 6703) Makes conforming changes regarding the sentence of reduction in enlisted grade.
TITLE LXVIII–POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
(Sec. 6801) 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. 6802) 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. 6803) 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. 6804) 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. 6805) Makings conforming changes regarding the waiver of the right to appeal and the withdrawal of an appeal.
(Sec. 6806) 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. 6807) 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. 6808) 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. 6809) 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. 6810) Requires the President to establish minimum tour lengths for appellate military judges. Establishes discretionary review by the Court of Criminal Appeals in cases that are not eligible for an appeal as of right. Provides standards of review for appeals. Codifies the authority of Courts of Criminal Appeals to remand cases and order rehearings.
(Sec. 6811) 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. 6812) Makes a technical amendment the UCMJ to add “United States” before ”Court of Appeals for the Armed Forces.”
(Sec. 6813) 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. 6814) 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. 6815) 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. 6816) Increases from two to three years the time period for an accused to petition for a new trial.
(Sec. 6817) Requires the President to establish regulations governing when an accused may receive pay and allowances while pending a rehearing.
(Sec. 6818) Makes conforming changes to provisions regarding leave requirements pending review of certain court-martial convictions.
TITLE LXIX–PUNITIVE ARTICLES
(Sec. 6901) Reorganizes the punitive articles by transferring and redesignating several articles within the UCMJ.
(Sec. 6902) 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. 6903) Consolidates the general solicitation offense in a different section of the UCMJ.
(Sec. 6904) Transfers provisions regarding malingering to a different section of the UCMJ and makes technical corrections.
(Sec. 6905) Transfers the offense of ”quarantine: medical, breaking” to a different section of the UCMJ.
(Sec. 6906) Incorporates the offense of ”jumping from vessel into the water” into offense of ”missing movement.”
(Sec. 6907) Create a new section of the UCMJ to move and consolidate the offenses of ”restriction, breaking” and ”correctional custody-offenses against.”
(Sec. 6908) Moves and consolidates the offense of ”assaulting a superior commissioned officer” under the offense of ”disrespect toward a superior commissioned officer.”
(Sec. 6909) 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. 6910) 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. 6911) Moves the loitering portion of the offense of ”sentinel or lookout: offenses against or by” to a different section of the UCMJ.
(Sec. 6912) Moves the disrespect portion of the offense of ”sentinel or lookout: offenses against or by” to a different section of the UCMJ.
(Sec. 6913) Moves the separate offense of ”drinking liquor with prisoner” to a different section of the UCMJ.
(Sec. 6914) Amends provisions related to penalties for acting as a spy to replace the mandatory death penalty currently required with a discretionary death penalty.
(Sec. 6915) 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. 6916) Moves the offense of ”false or unauthorized pass offenses” to a different section of the UCMJ.
(Sec. 6917) Moves the offense of ”impersonating a commissioned, warrant, non-commissioned, petty officer or agent or official” to a different section of the UCMJ.
(Sec. 6918) Moves the offense of ”wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button” to a different section of the UCMJ.
(Sec. 6919) Moves the offense of ”false swearing” to a different section of the UCMJ.
(Sec. 6920) Moves the offense of ”parole, violation of” to a different section of the UCMJ.
(Sec. 6921) Moves the offense of ”mail:taking, opening, secreting, destroying, or stealing” to a different section of the UCMJ.
(Sec. 6922) Prohibits improper hazarding of an aircraft in addition to the existing ”improper hazarding of vessel” offense.
(Sec. 6923) 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. 6924) 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. 6925) Decreases the blood alcohol limits for a conviction of “drunken or reckless operation of vehicle, aircraft, or vessel.”
(Sec. 6926) 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. 6927) 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. 6928) 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. 6929) Moves the offense of “child endangerment” to a different section of the UCMJ.
(Sec. 6930) Moves the offense of ”mails: depositing or causing to be deposited obscene materials in” to a different section of the UCMJ.
(Sec. 6931) 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. 6932) Moves the offense of ”false pretenses, obtaining services under” to a different section of the UCMJ.
(Sec. 6933) 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. 6934) Moves the offense of ”stolen property: knowingly receiving, buying concealing” to a different section of the UCMJ.
(Sec. 6935) Creates a new punitive article of the UCMJ to address offenses concerning government computers.
(Sec. 6936) Moves the offense of ”bribery” to a different section of the UCMJ.
(Sec. 6937) Moves the offense of ”graft” to a different section of the UCMJ.
(Sec. 6938) Moves the offense of ”kidnapping” to a different section of the UCMJ.
(Sec. 6939) Moves the offense of ”burning with intent to defraud” to a different section of the UCMJ.
(Sec. 6940) 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. 6941) Reorganizes provisions of the UCMJ regarding burglary and unlawful entry.
(Sec. 6942) Modifies provisions of the UCMJ related to stalking. Amends the provisions to address cyberstalking and threats to intimate partners.
(Sec. 6943) Moves the offense of ”perjury: subornation of” to a different section of the UCMJ.
(Sec. 6944) Moves the offense of ”obstructing justice” to a different section of the UCMJ.
(Sec. 6945) Moves the offense of ”misprision of serious offense” to a different section of the UCMJ.
(Sec. 6946) Moves the offense of ”testify: wrongful refusal’ to a different section of the UCMJ.
(Sec. 6947) Moves the offense of ”seizure: destruction, removal, or disposal of property to prevent” to a different section of the UCMJ.
(Sec. 6948) Moves the offense of ”wrongful interference with an adverse administrative proceeding” to a different section of the UCMJ.
(Sec. 6949) Establishes a new offense that prohibits retaliation against any person for reporting or planning to report a criminal offense.
(Sec. 6950) Specifies that the term “crimes and offenses not capital” includes any conduct engaged in outside the United States that would constitute a crime or offense not capital if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States.
(Sec. 6951) Amends a table of contents to reflect amendments included in this bill.
TITLE LXX–MISCELLANEOUS PROVISIONS
(Sec. 7001) 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. 7002) Makes a technical amendment to a provision regarding the authority to administer oaths and act as a notary.
(Sec. 7003) 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. 7004) 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.
Return of Certain Lands At Fort Wingate to The Original Inhabitants Act
(Sec. 7005) Requires all U.S. interest in and to specified lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, transferred to the Department of the Interior to be held in trust for: (1) the Zuni Tribe as part of the Zuni Reservation, unless the tribe elects to have the parcel conveyed to it in restricted fee status; and (2) the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have the parcel conveyed to it in restricted fee status. Specifies terms and conditions for the conveyances.
TITLE LXXI–MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS
(Sec. 7101) Establishes a Military Justice Review Panel comprised of an independent panel of experts tasked to conduct a periodic evaluation of military justice practices and procedures.
(Sec. 7102) 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 LXXII–CONFORMING AMENDMENTS AND EFFECTIVE DATES
(Sec. 7201) Makes conforming amendments to the tables of sections for several subchapters of the UCMJ.
(Sec. 7202) Specifies that the effective date of amendments contained in this division is two years after the date of the enactment of this bill.
Guam World War II Loyalty Recognition Act
TITLE LXXIII–GUAM WORLD WAR II LOYALTY RECOGNITION ACT
(Sec. 7302) Recognizes the suffering and the loyalty of the residents of Guam during the Japanese occupation of Guam in World War II.
(Sec. 7303) Directs the Department of the Treasury to establish a fund for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents.
(Sec. 7304) Directs Treasury to make specified payments to: (1) living Guam residents who were raped, severely injured, interned, subjected to forced labor or marches, or forced to hide to evade internment, as a result of, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war (after payments have been made to surviving Guam residents).
(Sec. 7305) Directs the Foreign Claims Settlement Commission to adjudicate claims and determine the eligibility of individuals for payments. Specifies procedures and requirements for filing claims, adjudicating claims, and making payments.
(Sec. 7306) Requires the Department of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II or honor the loyalty of the people of Guam during such occupation.
(Sec. 7307) Authorizes appropriations for: (1) Guam World War II Claims Payments and Adjudication, and (2) the Guam World War II Grants Program.
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