Highlights:
This bill authorizes FY2017 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE).
The bill authorizes appropriations, but does not provide budget authority, which is provided by appropriations legislation.
The bill authorizes appropriations to DOD for:
The bill also authorizes appropriations for Overseas Contingency Operations (OCO), which are exempt from discretionary spending limits. 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:
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.
Full Summary:
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
TITLE I--PROCUREMENT
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:
(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:
(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.
Subtitle D--Reports
(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:
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 14 days of leave for a member of the Armed Forces who becomes a parent when the member's spouse gives birth.
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:
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: