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Bill
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H.R. 4909 — what changed

National Defense Authorization Act for Fiscal Year 2017

From Reported in House to Engrossed in House. 39 sections amended, 168 added, and 1 removed between Reported in House and Engrossed in House.

Sec. 114 Funding for surface-to-air missile system

added
(a)
added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for procurement, as specified in the corresponding funding table in section 4101, for missile procurement, Army, surface-to-air missile system, MSE missile (Line 002) is hereby increased by $82,400,000.
(b)
added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for Department of Energy national security programs, as specified in the corresponding funding table in section 4701, for Defense Nuclear Nonproliferation, Defense Nuclear Nonproliferation Programs, Defense Nuclear Nonproliferation R&D, Material management and minimization is hereby reduced by $82,400,000.

Sec. 127 Report on P–8 Poseidon aircraft

added
(a)
added Report required— Not later than October 1, 2017, the Secretary of the Navy shall submit to the congressional defense committees a report regarding future capabilities for the P–8 Poseidon aircraft.
(b)
added Elements— The report under subsection (a) shall include, with respect to the P–8 Poseidon aircraft, the following:
(1)
added A review of possible upgrades by the Navy to the sensors onboard the aircraft, including intelligence, surveillance, and reconnaissance sensors currently being fielded on Air Force platforms.
(2)
added An assessment of the ability of the Navy to use long-range multispectral imaging systems onboard the aircraft.

Sec. 136 Report on cost of B–21 aircraft

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost of the B–21 aircraft. The report shall include an estimate of the total cost of research, production, and maintenance for the aircraft expressed in constant base-year dollars and in current dollars.

Sec. 137 Prohibition on availability of funds for retirement of U–2 aircraft

added

added None of the funds authorized to be appropriated by this Act or otherwise made available for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any U–2 aircraft.

Sec. 145 Briefing on acquisition strategy for Ground Mobility Vehicle

added
(a)
added Briefing required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition, Technology, and Logistics, in consultation with the Secretary of the Army, shall present to the congressional defense committees a briefing on the acquisition strategy for the Ground Mobility Vehicle for use with the Global Response Force.
(b)
added Elements— The briefing under subsection (a) shall include an assessment of—
(1)
added whether the Ground Mobility Vehicle is a suitable candidate for solutions that would utilize militarized commercial off-the-shelf platforms leveraging existing global automotive supply chains to satisfy requirements and reduce the life-cycle cost of the program;
(2)
added whether the acquisition strategy meets the focus areas specified in the Better Buying Power initiative of the Secretary of Defense; and
(3)
added whether including an active safety system like electronic stability control in the Ground Mobility Vehicle, as such system is used on the Joint Light Tactical Vehicle, is expected to reduce the risk of vehicle rollover.

Sec. 146 Standardization of 5.56mm rifle ammunition

added
(a)
added Report— If, on the date that is 180 days after the date of the enactment of this Act, the Army and the Marine Corps are each using different variants of 5.56mm rifle ammunition, the Secretary of Defense shall, on such date, submit to the congressional defense committees a report explaining the reasons that the Army and the Marine Corps are using different variants of such ammunition.
(b)
added Standardization requirement— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the Army and the Marine Corps are using the same variant of 5.56mm rifle ammunition.
(c)
added Exception— Subsection (b) shall not apply in a case in which the Secretary of Defense—
(1)
added determines that a state of emergency requires the Army and the Marine Corps to use different variants of 5.56mm rifle ammunition; and
(2)
added certifies to the congressional defense committees that such a determination has been made.

Sec. 302 Increase in funding for civil military programs

added
(a)
added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $15,000,000 (to be used in support of the National Guard Youth Challenge Program).
(b)
added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $15,000,000.

Sec. 311 Rule of construction regarding alternative fuel procurement requirement

changed Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: “This provision shall not be construed as a constraint on any conventional or unconventional fuel procurement necessary for military operations, including for test and certification purposes.”purposes.”.

Sec. 312 Production and use of natural gas at Fort Knox

added
(a)
added Production and use of natural gas at Fort Knox— Chapter 449 of title 10, United States Code, is amended by adding at the end the following new section:

added “4781. Natural gas: production, treatment, management, and use at Fort Knox, Kentucky

added “(a) Authority

added “(1) The Secretary of the Army may 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 (30 U.S.C. 352).

added “(2) The Secretary is authorized to enter into a contract with an appropriate entity to carry out paragraph (1).

added “(b) Limitation on uses—Any natural gas produced under subsection (a) may be used only to support activities and operations at Fort Knox and may not be sold for use elsewhere.

added “(c) Ownership of facilities—The Secretary of the Army may take ownership of any gas production and treatment equipment and facilities and associated infrastructure from an entity with which the Secretary has entered into a contract under subsection (a) in accordance with the terms of the contract.

added “(d) Applicability—The authority of the Secretary of the Army under this section is effective as of August 2, 2007.”

(b)
added Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Sec. 313 Alternative technologies for munitions disposal

added

added 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”) the Secretary of the Army shall 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 Sense of Congress

added

added It is the Sense of Congress that the Department of Defense should work with State and local health officials to prevent human exposure to perfluorinated chemicals.

Sec. 315 Prohibition on carrying out certain authorities relating to climate change

added
(a)
added In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense may be obligated or expended to carry out the provisions described in subsection (b).
(b)
added Provisions— The provisions described in this subsection are the following:
(1)
added Sections 2, 3, 4, 5, 6(b)(iii), and 6(c) of Executive Order 13653 (78 Fed. Reg. 66817, relating to preparing the United States for the impacts of climate change).
(2)
added Sections 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15(b) of Executive Order 13693 (80 Fed. Reg. 15869, relating to planning for Federal sustainability in the next decade).

Sec. 333 Report on average travel costs of members of the reserve components

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the travel expenses of members of reserve components associated with performing active duty service, active service, full-time National Guard duty, active Guard and Reserve duty, and inactive-duty training, as such terms are defined in section 101(d) of title 10, United States Code. Such report shall include the average annual cost for all travel expenses for a member of a reserve component.

Sec. 348 Motor carrier safety performance and safety technology

added
(a)
added Sense of Congress— It is the sense of Congress that the Secretary of Defense, acting through the commander of the United States Transportation Command, should reassess the guidelines for the evaluation of motor carrier safety performance under the Transportation Protective Services program taking into consideration the Government Accountability Office report numbered GAO-16-82 and titled “Defense Transportation; DoD Needs to Improve the Evaluation of Safety and Performance Information for Carriers Transporting Security-Sensitive Materials”.
(b)
added Evaluation of safety technology— To avoid catastrophic accidents and exposure of material, the Secretary shall 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 Briefing on well-drilling capabilities of active duty and reserve components

added
(a)
added Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives (and other congressional defense committees on request) a briefing on the well-drilling capabilities of the active and reserve components.
(b)
added Elements— The briefing under subsection (a) shall include a description of—
(1)
added the training requirements of active and reserve units with well-drilling capabilities;
(2)
added the locations at which such units conduct training relating to well-drilling; and
(3)
added the cost and feasibility of rotating the training locations of such units to areas in the United States that are affected by drought conditions.

Sec. 350 Access to wireless high-speed Internet and network connections for certain members of the Armed Forces deployed overseas

added

added Consistent with section 2492a of title 10, United States Code, the Secretary of Defense is encouraged to enter into contracts with third-party vendors in order to provide members of the Armed Forces who are deployed overseas at any United States military facility, at which wireless high-speed Internet and network connections are otherwise available, with access to such Internet and network connections without charge.

Sec. 351 System for communicating availability of surplus ammunition

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall implement a formal process to provide Government agencies outside the Department of Defense with information on the availability of surplus, serviceable ammunition for the purpose of reducing the overall storage and disposal costs related to such ammunition.

Sec. 352 Increase in funding for National Guard counter-drug programs

added
(a)
added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1404 for drug interdiction and counter-drug activities, as specified in the corresponding funding table in section 4501, for drug interdiction and counter-drug activities, Defense-wide is hereby increased by $30,000,000 (to be used in support of the National Guard counter-drug programs).
(b)
added Offset— Notwithstanding the amounts set forth in the funding tables in division D—
(1)
added the amount authorized to be appropriated for in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Navy, for Common Ground Equipment (Line 064), is hereby reduced by $20,000,000; and
(2)
added the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for advanced component development and prototypes, Advanced Innovative Technologies (Line 095) is hereby reduced by $10,000,000.

Sec. 402 Revisions in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

“(1) For the Army, 480,000.

changed “(2) For the Navy, 322,900.324,615.

“(3) For the Marine Corps, 185,000.

“(4) For the Air Force, 321,000.”

Sec. 515 Electronic tracking of operational active-duty service performed by members of the Ready Reserve of the Armed Forces

added

added The Secretary of Defense shall 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, under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code. The tour calculator shall specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date under section 12731(f) of such title.

Sec. 522 Entitlement to leave for adoption of child by dual military couples

changed Section 701(i) of title 10, United States Code, is amended—amended by striking paragraph (3) and inserting the following new paragraph:

changed in paragraph (1), by inserting “except as provided “(3) In the event that two members of the armed forces who are married to each other adopt a child in paragraph (3),” after “the a qualifying child adoption, the two members shall be allowed a total of at least 36 days of leave under this subsection, to be shared between the two members. The Secretary concerned shall permit the transfer of Defense,”; andsuch leave between the two members to accommodate individual family circumstances.”
(2)
removed in paragraph (3), by striking “only one such member shall be allowed leave under this subsection” and inserting “one of the members shall be allowed up to 21 days of leave under this subsection and the other member shall be allowed up to 14 days of leave under this subsection”.

Sec. 528 Report on purpose and utility of registration system under Military Selective Service Act

(a)
changed Applicability to female citizens and residents within specified age range—Report required— Section 3(a) of Not later than July 1, 2017, the Military Selective Service Act (50 U.S.C. 3802(a)) is amended—Secretary of Defense shall—
(1)
changed in submit to the first sentence—Committees on Armed Services of the Senate and the House of Representatives a report on the current and future need for a centralized registration system under the Military Selective Service Act (50 U.S.C. 3801 et seq.); and
(A)
removed by striking “every male citizen” and inserting “all citizens”;
(B)
removed by striking “every other male person” and inserting “all other persons”;
(C)
removed by striking “is between” and inserting “are between”; and
(D)
removed by striking “himself” and inserting “themselves”; and
(2)
changed in provide a briefing on the second sentence, by striking “he continues” and inserting “the alien continues”.results of the report.
(b)
changed Effective date—Elements of report— The amendments made report required by subsection (a) shall take effect 90 days after include the later of—following:
(1)
changed the date A detailed analysis of the enactment of this Act; orcurrent benefits derived, both directly and indirectly, from the Military Selective Service System, including—
(A)
added the extent to which mandatory registration benefits military recruiting;
(B)
added the extent to which a national registration capability serves as a deterrent to potential enemies of the United States; and
(C)
added the extent to which expanding registration to include women would impact these benefits.
(2)
changed An analysis of the date on which functions currently performed by the Secretary Selective Service System that would be assumed by the Department of Defense certifies to Congress that all Combat Arms Military Occupational Specialties are open to qualified female candidates.in the absence of a national registration capability.
(3)
added An analysis of the systems, manpower, and facilities that would be needed by the Department to physically mobilize inductees in the absence of the Selective Service System.
(4)
added An analysis of the feasibility and utility of eliminating the current focus on mass mobilization of primarily combat troops in favor of a system that focuses on mobilization of all military occupational specialties, and the extent to which such a change would impact the need for both male and female inductees.
(5)
added A detailed analysis of the Department’s personnel needs in the event of an emergency requiring mass mobilization, including—
(A)
added a detailed timeline, along with the factors considered in arriving at this timeline, of when the Department would require—
(i)
added the first inductees to report for service;
(ii)
added the first 100,000 inductees to report for service; and
(iii)
added the first medical personnel to report for service; and
(B)
added an analysis of any additional critical skills that would be needed in the event of a national emergency, and a timeline for when the Department would require the first inductees to report for service.
(6)
added A list of the assumptions used by the Department when conducting its analysis in preparing the report.
(c)
added Comptroller General Review— Not later than December 1, 2017, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a review of the procedures used by the Department of Defense in evaluating selective service requirements.

Sec. 529 Parental leave for members of the Armed Forces

(a)
Additional parental leave authority—
(1)
Availability of parental leave— Chapter 40 of title 10, United States Code, is amended by inserting after section 701 the following new section:

“701a. Parental leave

“(a) Leave authorized—A member of the armed forces who is performing active service may be allowed leave under this section for each instance in which the member becomes a parent as a result of the member’s spouse giving birth.

“(b) Amount of leave—Leave under this section shall be at least 14 days, under regulations prescribed under this section by the Secretary concerned.

“(c) Duration of availability of leave—Leave under this section is lost as follows:

“(1) If not used within one year of the date of the birth giving rise to the leave.

“(2) If the member having the leave becomes entitled to leave under this section with respect to a different child.

“(3) If not used before separation from active service.

“(d) Coordination with other leave authorities—Leave under this section is in addition to any other leave and may not be deducted or charged against other leave authorized by this chapter.

“(e) Regulations—This section shall be carried out under regulations prescribed by the Secretary concerned. Regulations prescribed under this section by the Secretaries of the military departments shall be as uniform as practicable and shall be subject to approval by the Secretary of Defense.”

(2)
Clerical amendment— The table of sections at the beginning of chapter 40 of title 10, United States Code, is amended by inserting after the item relating to section 701 the following new item:
(3)
Conforming amendment— Subsection (j) of section 701 of title 10, United States Code, is repealed.
(b)
removed Adoptions by dual-service couples— Section 701(i) of title 10, United States Code, is amended by striking paragraph (3) and inserting the following new paragraph:

removed “(3) In the event that two members of the armed forces who are married to each other adopt a child in a qualifying child adoption, the two members shall be allowed a total of at least 36 days of leave under this subsection, to be shared between the two members. The Secretary concerned shall permit the transfer of such leave between the two members to accommodate individual family circumstances.”

(b)
renumbered was (4) Coverage of commissioned officers of the public health service— Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended by adding at the end the following new paragraph:

“(19) Section 701(i) and 701a, Adoption Leave and Parental Leave.”

Sec. 547 Career military justice litigation track for judge advocates

added
(a)
added Career litigation track required—
(1)
added In general— The Secretary of each military department shall establish a career military justice litigation track for judge advocates in the Armed Forces under the jurisdiction of the Secretary.
(2)
added Consultation— The Secretary of the Army and the Secretary of the Air Force shall establish the litigation track required by this section in consultation with the Judge Advocate General of the Army and the Judge Advocate General of the Air Force, respectively. The Secretary of the Navy shall establish the litigation track in consultation with the Judge Advocate General of the Navy and the Staff Judge Advocate to the Commandant of the Marine Corps.
(b)
added Elements— Each career litigation track under this section shall provide for the following:
(1)
added Assignment and advancement of qualified judge advocates in and through assignments and billets relating to the practice of military justice under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).
(2)
added Establishing for each Armed Force the assignments and billets covered by paragraph (1), which shall include trial counsel, defense counsel, military trial judge, military appellate judge, academic instructor, all positions within criminal law offices or divisions of such Armed Force, Special Victims Prosecutor, Victims' Legal Counsel, Special Victims' Counsel, and such other positions as the Secretary of the military department concerned shall specify.
(3)
added For judge advocates participating in such litigation track, mechanisms as follows:
(A)
added To prohibit a judge advocate from more than a total of four years of duty or assignments outside such litigation track.
(B)
added To prohibit any adverse assessment of a judge advocate so participating by reason of such participation in the promotion of officers through grade O–6 (or such higher grade as the Secretary of the military department concerned shall specify for purposes of such litigation track).
(4)
added Such additional requirements and qualifications for the litigation track as the Secretary of the military department concerned considers appropriate, including requirements and qualifications that take into account the unique personnel needs and requirement of an Armed Force.
(c)
added Implementation deadline— Each Secretary of a military department shall implement the career litigation track required by this section for the Armed Forces under the jurisdiction of such Secretary by not later than 18 months after the date of the enactment of this Act.
(d)
added Report— Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of such Secretary in implementing the career litigation track required under this section for the Armed Forces under the jurisdiction of such Secretary.

Sec. 562 Establishment of ROTC cyber institutes at senior military colleges

(a)
In general— Chapter 103 of title 10, United States Code, is amended by adding at the end the following new section:

“2111c. Senior military colleges: ROTC cyber institutes

changed “(a) Program authorized—The Secretary of Defense may 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 for the purpose of accelerating the development of foundational expertise in critical cyber operational skills for future military and civilian leaders of the armed forces and the Department of Defense, including such leaders of the reserve components.

“(b) Elements—Each cyber institute established under this section shall include each of the following:

“(1) Training for members of the program who possess cyber operational expertise from beginning through advanced skill levels, including instruction and practical experiences that lead to cyber certifications recognized in the field.

“(2) Training in targeted strategic foreign language proficiency designed to significantly enhance critical cyber operational capabilities and tailored to current and anticipated readiness requirements.

“(3) Training related to mathematical foundations of cryptography and cryptographic theory and practice designed to complement and reinforce cyber education along with the strategic language programs critical to cyber operations.

“(4) Training designed to expand the pool of qualified cyber instructors necessary to support cyber education in regional school systems.

“(c) Partnerships With Department of Defense and the Armed Forces—Any cyber institute established under this section may enter into a partnership with any active or reserve component of the armed forces or any agency of the Department of Defense to facilitate the development of critical cyber skills.

changed “(d) Partnerships With Other Schools—Any cyber institute established under this section may enter into a partnership with one or more local educational agencies to facilitate the development of critical cyber skills under the program among students attending the elementary and secondary schools of such agencies who may pursue a military career.career. The cyber institute may place a special emphasis on entering into a partnership under this subsection with a local educational agency located in a rural, underserved, or underrepresented community.

“(e) Senior military colleges—The senior military colleges are the senior military colleges in section 2111a(f) of this title.”

(b)
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Sec. 566 Direct employment pilot program for members of the National Guard and Reserve

(a)
Program authority— The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members in the National Guard and Reserves.
(b)
Administration— The pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code.
(c)
Cost-sharing requirement— As a condition on the provision of funds under this section to a State to support the operation of the pilot program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 30 percent of the funds provided by the Secretary of Defense under this section.
(d)
Direct Employment Program Model— The pilot program should follow a job placement program model that focuses on working one-on-one with a member of a reserve component to cost-effectively provide job placement services, including services such as identifying unemployed and under employed members, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the pilot program should be informed by State direct employment programs for members of the reserve components, such as the programs conducted in California and South Carolina.
(e)
Evaluation— The Secretary of Defense shall develop outcome measurements to evaluate the success of the pilot program.
(f)
Reporting requirements—
(1)
Report Required— Not later than January 31, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the results of the pilot program. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau.
(2)
Elements of Report— A report under paragraph (1) shall include the following:
(A)
A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components hired and the cost-per-placement of participating members.
(B)
An assessment of the impact of the pilot program and increased reserve component employment levels on the readiness of members of the reserve components.
(C)
added A comparison of the pilot program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components and veterans.
(D)
renumbered was (7)(3)(5) Any other matters considered appropriate by the Secretary.
(g)
Duration of Authority—
(1)
In general— The authority to carry out the pilot program expires September 30, 2019.
(2)
Extension— Upon the expiration of the authority under paragraph (1), the Secretary of Defense may extend the pilot program for not more than two additional fiscal years.

Sec. 568 Report on composition of service academies

added
(a)
added Report— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the demographic composition of service academies that includes—
(1)
added an analysis of—
(A)
added the demographic composition of each service academy’s—
(i)
added recruits;
(ii)
added nominees;
(iii)
added applicants;
(iv)
added qualified applicants;
(v)
added admits;
(vi)
added enrollees;
(vii)
added graduates; and
(viii)
added graduate occupation placement;
(B)
added how such composition compares to the demographic composition of—
(i)
added the United States;
(ii)
added enlisted members of the Armed Forces;
(iii)
added officers of the Armed Forces; and
(iv)
added other institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and
(C)
added the demographic composition of each quintile of academic ranking for each service academy’s graduating class;
(2)
added a description of the considerations given to demographic composition in each service academy’s—
(A)
added recruitment efforts (including funding decisions made to further such efforts);
(B)
added qualification decisions; and
(C)
added admissions decisions; and
(3)
added recommendations for best—
(A)
added recruitment practices;
(B)
added nominating practices;
(C)
added qualification decision practices; and
(D)
added admissions practices.
(b)
added Definition— In this section the term “service academy” means each of the following:
(1)
added The United States Military Academy.
(2)
added The United States Naval Academy.
(3)
added The United States Air Force Academy.
(4)
added The United States Coast Guard Academy.
(5)
added The United States Merchant Marine Academy.
(c)
added Scope of report— The report required by this section shall examine each service academy class admitted following the date of enactment of section 543 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160).

Sec. 569 Inclusion of alcohol, prescription drug, opioid, and other substance abuse counseling as part of required preseparation counseling

added

added Section 1142(b)(11) of title 10, United States Code, is amended by inserting before the period the following: “and information concerning the availability of treatment options and resources to address substance abuse, including alcohol, prescription drug, and opioid abuse”.

Sec. 569A Inclusion of information in Transition Assistance Program

added

added Section 1144(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(10) Provide information regarding the deduction of disability compensation paid by the Secretary of Veterans Affairs pursuant to section 1175a(h) of this title by reason of voluntary separation pay received by the member.”

Sec. 569B Report and guidance regarding Job Training, Employment Skills Training, Apprenticeships, and Internships and SkillBridge initiatives for members of the Armed Forces who are being separated

added
(a)
added Report required— Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the Committees on Armed Services of the Senate and the House of Representatives, and make available to the public, a report evaluating the success of the Job Training, Employment Skills Training, Apprenticeships, and Internships (known as JTEST–AI) and SkillBridge initiatives, under which civilian businesses and companies make available to members of the Armed Forces who are being separated from the Armed Forces training or internship opportunities that offer a high probability of employment for the members after their separation.
(b)
added Elements of report— In preparing the report required by subsection (a), the Under Secretary of Defense for Personnel and Readiness shall use the effectiveness metrics described in Enclosure 5 of Department of Defense Instruction No. 1322.29. The report shall include, at a minimum, the following:
(1)
added An assessment of the successes of the JTEST–AI and SkillBridge initiatives.
(2)
added Recommendations by the Under Secretary regarding ways in which the administration of the JTEST–AI and SkillBridge initiatives could be improved.
(3)
added Recommendations by civilian companies participating in the initiatives regarding ways in which the administration of the JTEST–AI and SkillBridge initiatives could be improved.
(4)
added Testimony from a sample of members of the Armed Forces who are participating in a JTEST–AI or SkillBridge initiative regarding the effectiveness of the initiatives and the members’ support for the initiatives.
(5)
added Testimony from a sample of recently separated members of the Armed Forces who participated in a JTEST–AI or SkillBridge initiative regarding the effectiveness of the initiatives and the members’ support for the initiatives.
(c)
added Issuance of Guidance— Not later than 180 days after the submission of the report required by subsection (a), the Under Secretary of Defense for Personnel and Readiness shall issue guidance to commanders of units of the Armed Forces for the purpose of encouraging commanders, consistent with unit readiness, to allow members of the Armed Forces under their command who are being separated from the Armed Forces to participate in a JTEST–AI or SkillBridge initiative.

Sec. 569C Congressional notification in advance of appointments to service academies

added
(a)
added United States Military Academy— Section 4342(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”.
(b)
added United States Naval Academy— Section 6954(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a midshipman, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”.
(c)
added United States Air Force Academy— Section 9342(a) of title 10, United States Code, is amended in the matter after paragraph (10) by adding at the end the following new sentence: “When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made.”.
(d)
added United States Merchant Marine Academy— Section 51302 of title 46, United States Code, is amended by adding at the end the following:

added “(e) Congressional notification in advance of appointments—When a nominee of a Senator, Representative, or Delegate is selected for appointment as a cadet, the Senator, Representative, or Delegate shall be notified at least 48 hours before the official notification or announcement of the appointment is made”

(e)
added Application of amendments— The amendments made by this section shall apply with respect to the appointment of cadets and midshipmen to the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and United States Merchant Marine Academy for classes entering these service academies after January 1, 2018.

Sec. 573 Impact Aid

added

added Notwithstanding section 5(d) of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1806), the amendment made by section 7004(1) of such Act (Public Law 114–95; 129 Stat. 2077)—

(1)
added for fiscal year 2016, shall—
(A)
added be applied as if amending section 8003(a)(5)(A) of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802); and
(B)
added be in effect with respect to appropriations for use under title VIII of the Elementary and Secondary Education Act of 1965, as in effect on the day before the date of enactment of the Every Student Succeeds Act; and
(2)
added for fiscal year 2017 and each succeeding fiscal year, shall be in effect with respect to appropriations for use under title VII of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act (Public Law 114–95; 129 Stat. 1802).

Sec. 574 Elimination of two-year eligibility limitation for noncompetitive appointment of spouses of members of the Armed Forces

added

added Section 3330d(c) of title 5, United States Code, is amended by adding at the end the following new paragraph:

added “(3) No time limitation on appointment—A relocating spouse of a member of the Armed Forces remains eligible for noncompetitive appointment under this section for the duration of the spouse’s relocation to the permanent duty station of the member.”

Sec. 585 Authorization for award of Distinguished-Service Cross to First Lieutenant Melvin M. Spruiell for acts of valor during World War II

added
(a)
added Waiver of time limitations— Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the Secretary of the Army may award the Distinguished-Service Cross under section 3742 of such title to First Lieutenant Melvin M. Spruiell of the Army for the acts of valor during World War II described in subsection (b).
(b)
added Acts of valor described— The acts of valor referred to in subsection (a) are the actions of First Lieutenant Melvin M. Spruiell on June 10 and 11, 1944, as a member of the Army serving in France with the 377th Parachute Field Artillery, 101st Airborne Division.

Sec. 599A Report on availability of college credit for skills acquired during military service

added
(a)
added In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of Veterans Affairs, Education, and Labor, shall submit to Congress a report on the transfer of skills into equivalent college credits or technical certifications for members of the Armed Forces leaving the military. Such report shall describe each the following:
(1)
added Each skill that may be acquired during military service that is eligible for transfer into an equivalent college credit or technical certification.
(2)
added The academic level of the equivalent college credit or technical certification for which each such skill is eligible.
(3)
added Each academic institution that awards an equivalent college credit or technical certification for such skills, including—
(A)
added whether each such academic institution is public or private and whether such institution is for profit; and
(B)
added the number of veterans that applied to such academic institutions who were able to receive equivalent college credits or technical certifications in the last fiscal year, and the academic level of the credits or certifications.
(4)
added The number of members of the Armed Forces who left the military in the last fiscal year and the number of those individuals who met with an academic or technical training advisor as part of their participation in the Transition Assistance Program.

Sec. 599B Atomic veterans service medal

added
(a)
added Service medal required— The Secretary of Defense shall 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 (as such term is defined in section 1112(c)(3) of title 38, United States Code).
(b)
added Distribution of medal—
(1)
added Issuance to retired and former members— At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.
(2)
added Issuance to next-of-kin— In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.
(3)
added Application— The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

Sec. 599C Report on extending protections for student loans for active duty borrowers

added
(a)
added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Education, shall submit to the appropriate congressional committees 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 (50 U.S.C. 3901 et seq.) regarding student loans. The report shall include, at a minimum, the following:
(1)
added A description of the coordination and information sharing between the Secretary of Defense and the Secretary of Education regarding the eligibility of members, and requests by members, to apply the interest rate limitation under the Servicemembers Civil Relief Act with respect to existing Federal and private student loans.
(2)
added The number of such members with student loans who elect to have the maximum interest rates set in accordance with such Act.
(3)
added The number of such members whose student loans have an interest rate that exceeds such maximum rate.
(4)
added Methods by which the Secretary of Defense and the Secretary of Education can automate the process by which members with student loans elect to have the maximum interest rates set in accordance with such Act.
(5)
added A discussion of the effectiveness of such Act in providing protection to members of the Armed Forces with respect to student loans.
(b)
added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
(1)
added The congressional defense committees.
(2)
added The Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

Sec. 599D Exclusion of certain reimbursements of medical expenses and other payments from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans

added
(a)
added In general— Section 1503(a) of title 38, United States Code, is amended—
(1)
added by redesignating paragraphs (6) through (12) as paragraphs (7) through (13), respectively; and
(2)
added by inserting after paragraph (5) the following new paragraph (6):

added “(6) payments regarding reimbursements of any kind (including insurance settlement payments) for medical expenses resulting from any accident, theft, loss, or casualty loss (as defined by the Secretary), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss.”

(b)
added Effective date— The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

Sec. 599E Sense of Congress on desirability of service-wide adoption of Gold Star Installation Access Card

added

added It is the sense of Congress that the Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating should—

(1)
added provide for the issuance of a Gold Star Installation Access Card to Gold Star family members who are the survivors of deceased members of the Armed Forces in order to expedite the ability of a Gold Star family member to gain unescorted access to military installations for the purpose of obtaining the on-base services and benefits for which the Gold Star family member is entitled or eligible;
(2)
added work jointly to ensure that a Gold Star Installation Access Card issued to a Gold Star family member by one Armed Force is accepted for access to military installations of another Armed Force; and
(3)
added in developing, issuing, and accepting the Gold Star Installation Access Card—
(A)
added prevent fraud in the procurement or use of the Gold Star Installation Access Card;
(B)
added limit installation access to those areas that provide the services and benefits for which the Gold Star family member is entitled or eligible; and
(C)
added ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security.

Sec. 599F Servicemembers’ Group Life Insurance

added

added Section 1967(f)(4) of title 38, United States Code, is amended by striking the second sentence.

Sec. 599G Extension of suicide prevention and resilience program

added

added Section 10219(g) of title 10, United States Code, is amended by striking “October 1, 2017” and inserting “October 1, 2018”.

Sec. 623 Special survivor indemnity allowance

(a)
Payment amount per fiscal year— Paragraph (2)(I) of section 1450(m) of title 10, United States Code, is amended by striking “fiscal year 2017” and inserting “each of fiscal years 2017 and 2018”.
(b)
Duration— Paragraph (6) of such section is amended—
(1)
by striking “September 30, 2017” and inserting “September 30, 2018”; and
(2)
by striking “October 1, 2017” both places it appears and inserting “October 1, 2018”.
(c)
added Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the dependency and indemnity compensation offset under sections 1450(c) of title 10, United States Code. The report shall include the following:
(1)
added The total number of individuals affected by such offset.
(2)
added Of the number of individuals covered under paragraph (1), the number who are covered by section 1448(d) of title 10, United States Code, listed by the rank of the deceased member and the current age of the individual.
(3)
added Of the number of individuals under paragraph (1), the number who are not covered by section 1448(d) of title 10, United States Code, listed by the rank of the deceased member and the current age of the individual.
(4)
added The average amount of money that is affected by such offset, including the average amounts with respect to—
(A)
added individuals described in paragraph (2); and
(B)
added individuals described in paragraph (3).
(5)
added The number of recipients for the special survivor indemnity allowance under section 1450(m) of title 10, United States Code.

Sec. 632 Acceptance of Military Star Card at commissaries

added
(a)
added In general— The Secretary of Defense shall ensure that—
(1)
added commissary stores accept as payment the Military Star Card; and
(2)
added any financial liability of the United States relating to such acceptance as payment be assumed by the Army and Air Force Exchange Service.
(b)
added Military Star Card defined— In this section, the term “Military Star Card” means a credit card administered under the Exchange Credit Program by the Army and Air Force Exchange Service.

Sec. 703 Military medical treatment facilities

(a)
Administration—
(1)
In general— Chapter 55 of title 10, United States Code, as amended by section 702, is further amended by inserting after section 1073c the following new section:

“1073d. Military medical treatment facilities

“(a) In general—To support the medical readiness of the armed forces and the readiness of medical personnel, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall maintain the military medical treatment facilities described in subsections (b), (c), and (d).

“(b) Medical centers

“(1) The Secretary of Defense shall maintain medical centers in areas with a large population of members of the armed forces and covered beneficiaries.

“(2) Medical centers shall serve as referral facilities for members and covered beneficiaries who require comprehensive health care services that support medical readiness.

“(3) Medical centers shall consist of the following:

changed “(4) “(A) Inpatient and outpatient tertiary care facilities that incorporate specialty and subspecialty care.

changed “(5) “(B) Graduate medical education programs.

changed “(6) “(C) Residency training programs.

changed “(7) “(D) Level one or level two trauma care capabilities.

“(c) Hospitals

“(1) The Secretary of Defense shall maintain hospitals in areas where civilian health care facilities are unable to support the health care needs of members of the armed forces and covered beneficiaries.

“(2) Hospitals shall provide—

“(A) inpatient and outpatient health services to maintain medical readiness; and

“(B) such other programs and functions as the Secretary determines appropriate.

“(3) Hospitals shall consist of inpatient and outpatient care facilities with limited specialty care that the Secretary determines—

“(A) is cost effective; or

“(B) is not available at civilian health care facilities in the area of the hospital.

“(d) Ambulatory care centers

“(1) The Secretary of Defense shall maintain ambulatory care centers in areas where civilian health care facilities are able to support the health care needs of members of the armed forces and covered beneficiaries.

“(2) Ambulatory care centers shall provide the outpatient health services required to maintain medical readiness, including with respect to partnerships established pursuant to section 707 of the National Defense Authorization Act for Fiscal Year 2017.

“(3) Ambulatory care centers shall consist of outpatient care facilities with limited specialty care that the Secretary determines—

“(A) is cost effective; or

“(B) is not available at civilian health care facilities in the area of the ambulatory care center.”

(2)
Clerical amendment— The table of sections at the beginning of such chapter, as amended by section 702, is further amended by inserting after the item relating to section 1073c the following new item:
(b)
Update of study—
(1)
In general— The Secretary of Defense, in collaboration with the Secretaries of the military departments, shall update the report described in paragraph (2) to address the restructuring or realignment of military medical treatment facilities pursuant to section 1073d of title 10, United States Code, as added by subsection (a), including with respect to any expansions or consolidations of such facilities.
(2)
Report described— The report described in this paragraph is the Military Health System Modernization Study dated May 29th, 2015, required by section 713(a)(2) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3414).
(3)
Submission— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the updated report under paragraph (1).
(c)
Implementation plan—
(1)
In general— Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an implementation plan to restructure or realign the military medical treatment facilities pursuant to section 1073d of title 10, United States Code, as added by subsection (a).
(2)
Elements— The implementation plan under paragraph (1) shall include the following:
(A)
With respect to each military medical treatment facility—
(i)
whether the facility will be realigned or restructured under the plan;
(ii)
whether the functions of such facility will be expanded or consolidated;
(iii)
the costs of such realignment or restructuring;
(iv)
a description of any changes to the military and civilian personnel assigned to such facility as of the date of the plan;
(v)
a timeline for such realignment or restructuring; and
(vi)
the justifications for such realignment or restructuring, including an assessment of the capacity of the civilian health care facilities located near such facility.
(B)
A description of the relocation of the graduate medical education programs and the residency programs.

Sec. 707 Improvements to military-civilian partnerships to increase access to health care and readiness

(a)
Partnership agreements— Subsection (a) of section 1096 of title 10, United States Code, is amended to read as follows:

“(a) Partnership agreements—The Secretary of Defense may enter into a partnership agreement between facilities of the uniformed services and local or regional health care systems if the Secretary determines that such an agreement would—

changed “(1) result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner; orchapter—

added “(A) in a more effective, efficient, or economical manner; and

added “(B) at a level of quality at least comparable to the quality of services beneficiaries would receive from a military medical treatment facility; or

“(2) provide members of the armed forces with additional training opportunities to maintain readiness requirements.”

(b)
In general— Such section 1096 is further amended—
(1)
by redesignating subsections (c) and (d) as subsections (f) and (g), respectively; and
(2)
by inserting after subsection (b) the following new subsections:

“(c) Criteria—In entering into an agreement under subsection (a) between a facility of the uniformed services and a local or regional health care system, the Secretary shall—

“(1) identify and analyze—

“(A) the health care delivery options provided by the local or regional health care system; and

“(B) the health care services provided by the facility;

“(2) assess—

“(A) how such agreement affects the delivery of health care at the facility and the readiness of the members of the uniformed services;

“(B) the viability of the agreement with respect to succeeding on a long-term basis in the local community of the facility; and

“(C) the cost efficiency and effectiveness of the agreement; and

“(3) consult with—

“(A) the Secretary concerned;

“(B) representatives from such facility, including the leadership of the installation at which the facility is located, the leadership of the facility, and covered beneficiaries at such installation;

“(C) the TRICARE managed care support contractor with responsibility for such facility;

“(D) officials of the Federal, State, and local governments, as appropriate; and

“(E) representatives from the local or regional health care system.

“(d) Local consortium—The Secretary shall ensure that an agreement entered into under subsection (a) between a facility of the uniformed services and a local or regional health care system is developed by a consortium representing the community of the facility and such health care system.

“(e) Biennial evaluation—The Secretary of Defense shall evaluate each agreement entered into under subsection (a) on a biennial basis to—

“(1) assess whether the agreement provides increased access to health care for covered beneficiaries;

“(2) assess the training opportunities to maintain readiness requirements provided pursuant to such agreement; and

“(3) determine whether such agreement should continue.”

(c)
Removal of reimbursement limit for licensing fees— Subsection (g) of such section 1096, as redesignated by subsection (a), is amended by striking “up to $500 of ”.

Sec. 732 Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic stress

added
(a)
added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—
(1)
added conduct a comprehensive review of the prescribing practices at military treatment facilities of pharmaceutical agents for the treatment of post-traumatic stress;
(2)
added implement a process or processes to monitor the prescribing practices at military treatment facilities of pharmaceutical agents that are discouraged from use under the VA/DOD Clinical Practice Guideline for Management of Post-Traumatic Stress; and
(3)
added implement a plan to address any deviations from such guideline in prescribing practices of pharmaceutical agents for management of post-traumatic stress at such facilities.
(b)
added Pharmaceutical Agent Defined— In this section, the term “pharmaceutical agent” has the meaning given that term in section 1074g(g) of title 10, United States Code.

Sec. 733 Use of mefloquine for malaria

added
(a)
added Mefloquine— In providing health care to members of the Armed Forces, the Secretary of Defense shall require—
(1)
added that the use of mefloquine for the prophylaxis of malaria be limited to members with intolerance or contraindications to other chemoprophylaxis;
(2)
added that mefloquine be prescribed by a licensed medical provider on an individual basis, and
(3)
added that members prescribed mefloquine for malaria prophylaxis be counseled by the medical provider about the potential side effects of the drug and be provided the Food and Drug Administration-required patient information handouts.
(b)
added Process and review—
(1)
added Process— Not later than 180 days after the date of the enactment of this Act, in providing health care to members of the Armed Forces, the Secretary shall develop a standardized process to document the screening for contraindications and patient education, including a prior authorization form, to be used by all medical providers prescribing mefloquine for malaria prophylaxis.
(2)
added Annual review— The Secretary shall conduct an annual review of each mefloquine prescription at all military medical treatment facilities to evaluate the documentation of the assessment for contraindications, justification for not using other chemoprophylaxis, and patient education for the safe use of mefloquine and its side effects.
(c)
added Adverse health effects of mefloquine— The Secretary of Defense shall expand the missions of the Hearing Center of Excellence, the Vision Center of Excellence, the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (including the Deployment Health Clinical Center), and the Center for Deployment Health Research to include, as appropriate, improving the clinical evaluation, diagnosis, management, and epidemiological study of adverse health effects among members of the Armed Forces following exposure to mefloquine.

Sec. 734 Applied behavior analysis

added
(a)
added Rates of reimbursement—
(1)
added In general— In furnishing applied behavior analysis under the TRICARE program to individuals described in paragraph (2) during the period beginning on the date of the enactment of this Act, and ending on December 31, 2018, the Secretary of Defense shall ensure that the reimbursement rates for providers of applied behavior analysis are not less than the rates that were in effect on March 31, 2016.
(2)
added Individuals described— Individuals described in this paragraph are individuals who are covered beneficiaries (as defined in section 1072 of title 10, United States Code) by reason of being a member or former member of the Army, Navy, Air Force, or Marine Corps, including the reserve components thereof, or a dependent of such a member or former member.
(b)
added Analysis—
(1)
added In general— Upon the completion of the Department of Defense Comprehensive Autism Care Demonstration, the Assistant Secretary of Defense for Health Affairs shall conduct an analysis to—
(A)
added use data gathered during the demonstration to set future reimbursement rates for providers of applied behavior analysis under the TRICARE program; and
(B)
added review comparative commercial insurance claims for purposes of setting such future rates, including by—
(i)
added conducting an analysis of the comparative total of commercial insurance claims billed for applied behavior analysis; and
(ii)
added reviewing any covered beneficiary limitations on access to applied behavior analysis services at various military installations throughout the United States.
(2)
added Submission— The Assistant Secretary shall submit to the congressional defense committees the analysis conducted under paragraph (1).
(c)
added Funding—
(1)
added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Private Sector Care is hereby increased by $32,000,000.
(2)
added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense (Line 300) is hereby reduced by $32,000,000.
(d)
added Sense of Congress— It is the sense of Congress that amounts should be appropriated for behavioral health treatment of TRICARE beneficiaries, including pursuant to this section, in a manner to ensure the appropriate and equitable access to such treatment by all such beneficiaries.

Sec. 741 Mental health resources for members of the military services at high risk of suicide

(a)
changed In general— The Secretary of Defense shall develop a methodology that identifies which members and units of the military services are at high risk of suicide.
(b)
Mental Health Resources—
(1)
High risk members of the military services— The Secretary of Defense shall use the results under subsection (c) to—
(A)
identify which units have a disproportionately high rate of suicide and suicide attempts; and
(B)
provide additional preventative and treatment resources for mental health for members of the military services who were deployed with the units identified under subparagraph (A).
(2)
Preventative mental health care— The Secretary of Defense shall use the results under subsection (c) to—
(A)
identify the circumstances of deployments associated with increased vulnerability to suicide, including the length of deployment, the region and area of deployment, and the nature and extent to which there was contact with enemy forces; and
(B)
provide additional preventative mental health care to units who currently are, or will be, deployed under circumstances similar to those of subparagraph (A).
(3)
added High risk veterans— The Secretary of Veterans Affairs shall use the results under subsection (c) to provide outreach regarding the available preventative and treatment resources for mental health for enrolled veterans who were deployed with the units identified under this subsection.
(c)
Methodology— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a methodology to assess the rate of suicide and suicide attempts of members of the military services of units that have been deployed in support of a contingency operation after September 11, 2001.
(d)
changed Reports— Not later than September 30, 2017, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate a report on the activities carried out under this section and the effectiveness of such activities.
(e)
Restriction on use of information— Information disclosed or obtained pursuant to the provisions of this section may be used by officers, employees, and contractors of the Department of Defense only for the purposes of, and to the extent necessary in, carrying out this section.
(f)
changed military services defined—Definitions— In this section, the term “military services” means the Army, Navy, Air Force, and the Marine Corps, including the reserve components thereof.section:
(1)
added Military Services— The term “military services” means the Army, Navy, Air Force, and the Marine Corps, including the reserve components thereof.
(2)
added Enrolled Veteran— The term “enrolled veteran” means a veteran enrolled in the health care system of the Department of Veterans Affairs.

Sec. 745 Pilot program for prescription drug acquisition cost parity in the TRICARE pharmacy benefits program

(a)
Authority to establish pilot program— The Secretary of Defense may conduct a pilot program to evaluate whether, in carrying out the TRICARE pharmacy benefits program under section 1074g of title 10, United States Code, extending additional discounts for prescription drugs filled at retail pharmacies will maintain or reduce prescription drug costs for the Department of Defense.
(b)
changed Elements of pilot program— In carrying out the pilot program under subsection (a), the Secretary shall require that for prescription medications, including but not limited to non-generic maintenance medications, that are dispensed to retired TRICARE beneficiaries that are not Medicare eligible, through any TRICARE participating retail pharmacy, including small business pharmacies, manufacturers shall pay rebates such that those medications are available to the Department at the lowest rate available. In addition to utilizing the authority under section 1074g(f) of title 10, United States Code, the Secretary shall have the authority to enter into a purchase blanket agreement with prescription drug manufactures for supplemental discounts for prescription drugs dispensed in the pilot to be paid in the form of manufactures rebates.
(c)
Consultation— The Secretary shall develop the pilot program in consultation with—
(1)
the Secretaries of the military departments, including Army, Navy and Air Force;
(2)
the Chief, Pharmacy Operations Division, of the Defense Health Agency; and
(3)
stakeholders, including TRICARE beneficiaries and retail pharmacies.
(d)
Duration of pilot program— If the Secretary carries out the pilot program under subsection (a), the Secretary shall commence such pilot program no later than October 1, 2017, and may terminate such program no later than September 30, 2018.
(e)
Reports— If the Secretary carries out the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees, including the House and Senate Committees on Armed Services, reports on the pilot program as follows:
(1)
Not later than 90 days after the date of the enactment of this Act, a report containing an implementation plan for the pilot program.
(2)
Not later than 180 days after the date on which the pilot program commences, an interim report on the pilot program.
(3)
Not later than 90 days after the date on which the pilot program terminates, a final report describing the results of the pilot program, including any recommendations of the Secretary to expand such program. The final report will include—
(A)
an analysis of the changes in prescription drug costs for the Department related to the pilot program;
(B)
an analysis of the impact on beneficiary access to prescription drugs;
(C)
a survey of beneficiary satisfaction with the pilot program;
(D)
a summary of any fraud and abuse activities related to the pilot and actions taken in response by the Department; and
(E)
a comparison of immunization rates for beneficiaries participating in the pilot and those outside of the pilot.

Sec. 749 Increased collaboration with NIH to combat triple negative breast cancer

added

added The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—

(1)
added identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and
(2)
added provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—
(A)
added triple negative breast cancer patients to be identified earlier in the progression of their disease; and
(B)
added the development of multiple targeted therapies for the disease.

Sec. 750 Department of Defense studies on preventing the diversion of opioid medications

added
(a)
added Studies— With respect to programs of the Department of Defense that dispense drugs to patients, the Secretary of Defense (referred to in this section as the “Secretary”) shall study the feasibility, the effectiveness in preventing the diversion of opioid medications, and the cost-effectiveness of—
(1)
added requiring that such programs, in appropriate cases, dispense opioid medications in vials using affordable technologies designed to prevent access to the medications by anyone other than the intended patient, such as a vial with a locking-cap closure mechanism; and
(2)
added the Secretary providing education on the risks of opioid medications to individuals for whom such medications are prescribed, and to their families, with special consideration given to raising awareness among adolescents on such risks.
(b)
added Feedback— In conducting the studies under subsection (a), the Secretary shall seek feedback (on a confidential basis when appropriate) from the individuals and entities involved in the studies.
(c)
added Report to congress— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the studies conducted under subsection (a).

Sec. 809 Requirement for policies and standard checklist in procurement of services

(a)
Requirement— Section 2330a of title 10, United States Code, as amended by section 803, is further amended by adding by adding at the end the following new subsection:

“(h) Request for services contract approval

“(1) The Under Secretary of Defense for Personnel and Readiness shall—

“(A) ensure that Department of Defense Instruction 1100.22, Guidance for Manpower Mix, is modified to incorporate policies establishing a standard checklist to be completed ensuring the appropriate alignment of workload to the private sector prior to the issuance of a solicitation for any new contract for services or exercising an option under an existing contract for services, including services provided under a contract for goods; and

“(B) in coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, ensure that such policies and checklist are incorporated by reference or otherwise into the Service Requirements Review Board processes established under Department of Defense Instruction 5000.74 and into the pre-solicitation requirements of the Defense Federal Acquisition Regulation Supplement.

changed “(2) Such checklist shall, at minimum, consolidate and address workforce management and sourcing considerations established under sections 129, 129a, 2461, and 2463 of this title as well as Office of Federal Procurement Policy Letter 11-01.”11–01.”

(b)
Army model— In implementing section 2330a(g) of title 10, United States Code, as added by subsection (a), the Under Secretary of Defense for Personnel and Readiness shall model, to the maximum extent practicable, its policies and checklist on the policies and checklist relating to services contract approval established and in use by the Department of the Army (as set forth in the request for services contract approval form updated as of August 2012, or any successor form).
(c)
Deadline— The policies required under such section 2230a(g) of such title, as so added, shall be issued within one year after the date of the enactment of this Act.

Sec. 810 Extension of limitation on aggregate annual amount available for contract services

removed

removed Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489), as most recently amended by section 813 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3429) is further amended—

(1)
removed in subsections (a) and (b), by striking “or 2015” and inserting “2015, 2016, or 2017”;
(2)
removed in subsection (c)(3), by striking “and 2015” and inserting “2015, 2016, and 2017”;
(3)
removed in subsection (d)(4), by striking “or 2015” and inserting “2015, 2016, or 2017”; and
(4)
removed in subsection (e), by striking “2015” and inserting “2017”.

Sec. 809A Extension of limitation on aggregate annual amount available for contract services

added

added Section 808 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489), as most recently amended by section 813 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3429) is further amended—

(1)
added in subsections (a) and (b), by striking “or 2015” and inserting “2015, 2016, or 2017”;
(2)
added in subsection (c)(3), by striking “and 2015” and inserting “2015, 2016, and 2017”;
(3)
added in subsection (d)(4), by striking “or 2015” and inserting “2015, 2016, or 2017”; and
(4)
added in subsection (e), by striking “2015” and inserting “2017”.

Sec. 809B Extension of authority for enhanced transfer of technology developed at department of defense laboratories

added

added Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 804; 10 U.S.C. 2514 note) is amended by striking “2017” and inserting “2021”.

Sec. 825 Pilot program for authority to acquire innovative commercial items using general solicitation competitive procedures

(a)
Authority— The Secretary of Defense may carry out a pilot program, to be known as 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 such proposals.
(b)
Treatment as competitive procedures— Use of general solicitation competitive procedures for the pilot program under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of title 10, United States Code.
(c)
Limitations on funding—
(1)
Limitation on individual contract amount— The Secretary may not enter into a contract under the pilot program for an amount in excess of $10,000,000.
(2)
Annual limitation— The total amount that may be obligated or expended under the pilot program for a fiscal year may not exceed $75,000,000.
(d)
Limitation relating to major defense acquisition program systems— The Secretary may not acquire innovative commercial items under the pilot program to replace a system under a major defense acquisition program in its entirety.
(e)
Guidance— The Secretary shall issue guidance for the implementation of the pilot program under this section within the Department of Defense. Such guidance shall be issued in consultation with the Office of Management and Budget and shall be posted for access by the public.
(f)
Reports required—
(1)
In general— Not later than six months after the initiation of the pilot program, and every six months thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the activities the Department of Defense carried out under the pilot program.
(2)
Elements of report— The report under this subsection shall include the following:
(A)
An assessment of the impact of the pilot program on competition.
(B)
An assessment of the ability under the pilot program to attract proposals from nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code).
(C)
A comparison of acquisition timelines for—
(i)
procurements made using the pilot program; and
(ii)
procurements made using other competitive procedures that do not use general solicitations.
(D)
A recommendation on whether the authority for the pilot program should be made permanent.
(3)
added Termination of report requirement— The requirement to submit a report under this subsection shall terminate on the date occurring five years after the date of the enactment of this Act.
(g)
Definition— In this section, the term “innovative” means—
(1)
any new technology, process, or method, able to be used to improve or replace existing information system applications, programs, or networks, or used to improve research and development of information technology advancements; or
(2)
any new application of an existing technology, process, or method.
(h)
Termination— The authority to enter into a contract under a pilot program under this section terminates on the date occurring five years after the date of the enactment of this Act.

Sec. 835 Coast Guard major acquisition programs

(a)
Functions of Chief Acquisition Officer— Section 56(c) of title 14, United States Code, is amended by striking “and” after the semicolon at the end of paragraph (8), striking the period at the end of paragraph (9) and inserting “; and”, and adding at the end the following:

“(10)

“(A) keeping the Commandant informed of the progress of major acquisition programs (as that term is defined in section 581);

“(B) informing the Commandant on a continuing basis of any developments on such programs that may require new or revisited trade-offs among cost, schedule, technical feasibility, and performance, including—

“(i) significant cost growth or schedule slippage; and

“(ii) requirements creep (as that term is defined in section 2547(c)(1) of title 10); and

“(C) ensuring that the views of the Commandant regarding such programs on cost, schedule, technical feasibility, and performance trade-offs are strongly considered by program managers and program executive officers in all phases of the acquisition process.”

(b)
Customer service mission of directorate—
(1)
In general— Chapter 15 of title 14, United States Code, is amended—
(A)
in section 561(b)—
(i)
in paragraph (1), by striking “; and” and inserting a semicolon;
(ii)
in paragraph (2), by striking the period and inserting “; and”; and
(iii)
by adding at the end the following:

“(3) to meet the needs of customers of major acquisition programs in the most cost-effective manner practicable.”

(B)
in section 562, by repealing subsection (b) and redesignating subsections (c) through (g) as subsections (b) through (f), respectively;
(C)
in section 563, by striking “Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2010, the Commandant shall commence implementation of” and inserting “The Commandant shall maintain”;
(D)
by adding at the end of section 564 the following:

“(c) Acquisition of unmanned aerial systems

“(1) In general—The Commandant—

“(A) may not award a contract for design of an unmanned aerial system for use by the Coast Guard; and

“(B) may acquire an unmanned aerial system only—

“(i) if such a system has been acquired or has been used by the Department of Defense or the Department of Homeland Security, or a component thereof, before the date on which the Commandant acquires the system; and

“(ii) through an agreement with such department or component, unless the unmanned aerial system can be obtained at less cost through independent contract action.

“(2) Limitation on application—The limitations of paragraph (1)(B) shall not apply to any small unmanned aerial system that consists of—

“(A) an unmanned aircraft weighing less than 55 pounds on takeoff, including all components and equipment on board or otherwise attached to the aircraft; and

“(B) associated elements (including communication links and the components that control such aircraft) that are required for the safe and efficient operation of such aircraft.”

(E)
in subchapter II, by adding at the end the following:

“578. Role of Vice Commandant in major acquisition programs

“The Vice Commandant—

changed “(1) shall represent the customer of a major acquisition program with regard to trade-offs made among cost, schedule, technical feasibility, and performance with respect to such program; and.and

“(2) shall advise the Commandant in decisions regarding the balancing of resources against priorities, and associated trade-offs referred to in paragraph (1), on behalf of the customer of a major acquisition program.

“579. Extension of major acquisition program contracts

“(a) In general—Notwithstanding section 564(a)(2) of this title and section 2304 of title 10, and subject to subsections (b) and (c) of this section, the Secretary may acquire additional units procured under a Coast Guard major acquisition program contract, by extension of such contract without competition, if the Comptroller General of the United States determines that the costs that would be saved through award of a new contract in accordance with such sections would not exceed the costs of such an award.

“(b) Limitation on number of additional units—The number of additional units acquired under a contract extension under this section may not exceed the number of additional units for which such determination is made.

“(c) Determination of costs upon request—The Comptroller General shall, at the request of the Secretary, determine for purposes of this section—

“(1) the costs that would be saved through award of a new major acquisition program contract in accordance with section 564(a)(2) for the acquisition of a number of additional units specified by the Secretary; and

“(2) the costs of such award, including the costs that would be incurred due to acquisition schedule delays and asset design changes associated with such award.

“(d) Number of extensions—A contract may be extended under this section more than once.”

(F)
in section 581—
(i)
by redesignating paragraphs (7) through (10) as paragraphs (9) through (12), respectively, and by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;
(ii)
by inserting after paragraph (2) the following:

“(3) Customer of a major acquisition program—The term “customer of a major acquisition program” means the operating field unit of the Coast Guard that will field the system or systems acquired under a major acquisition program.”

(iii)
by inserting after paragraph (7), as so redesignated, the following:

“(8) Major acquisition program—The term “major acquisition program” means an ongoing acquisition undertaken by the Coast Guard with a life-cycle cost estimate greater than or equal to $300,000,000.”

(2)
Conforming amendment— Section 569a of such title is amended by striking subsection (e).
(3)
Clerical amendment— The analysis at the beginning of such chapter is amended by adding at the end of the items relating to subchapter II the following:
(c)
Review required—
(1)
Requirement— The Commandant of the Coast Guard shall conduct a review of—
(A)
the authorities provided to the Commandant in chapter 15 of title 14, United States Code, and other relevant statutes and regulations related to Coast Guard acquisitions, including developing recommendations to ensure that the Commandant plays an appropriate role in the development of requirements, acquisition processes, and the associated budget practices;
(B)
implementation of the strategy prepared in accordance with section 562(b)(2) of title 14, United States Code, as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2017; and
(C)
acquisition policies, directives, and regulations of the Coast Guard to ensure such policies, directives, and regulations establish a customer-oriented acquisition system.
(2)
Report— Not later than March 1, 2017, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing, at a minimum, the following:
(A)
The recommendations developed by the Commandant under paragraph (1) and other results of the review conducted under such paragraph.
(B)
The actions the Commandant is taking, if any, within the Commandant’s existing authority to implement such recommendations.
(3)
Modification of policies, directives, and regulations— Not later than one year after the date of the enactment of this Act, the Commandant of the Coast Guard shall modify the acquisition policies, directives, and regulations of the Coast Guard as necessary to ensure the development and implementation of a customer-oriented acquisition system, pursuant to the review under paragraph (1)(C).
(d)
Analysis of using multiyear contracting—
(1)
In general— No later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of the use of multiyear contracting, including procurement authority provided under section 2306b of title 10, United States Code, and authority similar to that granted to the Navy under section 121(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1648) and section 150 of the Continuing Appropriations Act, 2011 (Public Law 111–242; 124 Stat. 3519), to acquire any combination of at least five—
(A)
Fast Response Cutters, beginning with hull 43; and
(B)
Offshore Patrol Cutters, beginning with hull 5.
(2)
Contents— The analysis under paragraph (1) shall include the costs and benefits of using multiyear contracting, the impact of multiyear contracting on delivery timelines, and whether the acquisitions examined would meet the tests for the use of multiyear procurement authorities.

Sec. 843 Briefing on design-build construction process for defense contracts

added

added Not later than February 1, 2017, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on the use and implementation of the two-phase design-build selection procedures. The briefing shall address the following:

(1)
added How the Department of Defense continues to implement the updates to the Federal Acquisition Regulation that implemented the 2015 amendments to section 2305a, title 10, United States Code.
(2)
added A list of instances in which the Department awarded a design-build contract pursuant to section 2305a of title 10, United States Code, that had more than five finalists for phase-two requests for proposals during fiscal year 2016, and the list of design-build requests for proposals that used a one-step process.
(3)
added Any feedback the Department has received from industry.
(4)
added Any challenges to the implementation of the statute.
(5)
added Any additional criteria identified by the Secretary.

Sec. 844 Assessment of outreach for small business concerns owned and controlled by women and minorities required before conversion of certain functions to contractor performance

added

added No Department of Defense function that is performed by Department of Defense civilian employees and is tied to a certain military base may be converted to performance by a contractor until the Secretary of Defense conducts an assessment to determine if the Department of Defense has carried out sufficient outreach programs to assist small business concerns owned and controlled by women (as such term is defined in section 8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D))) and small business concerns owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C))) that are located in the geographic area near the military base.

Sec. 845 Inclusion of information on common grounds for sustaining bid protests in annual Government Accountability Office reports to Congress

added

added The Comptroller General of the United States shall include in the annual report to Congress on the Government Accountability Office each year a list of the most common grounds for sustaining protests relating to bids for contracts during such year.

Sec. 846 Revision of effective date for amendments relating to Under Secretary of Defense for Business Management and Information

added

added Section 901(a)(1) of the Carl Levin and Howard P. “Buck” Mckeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3462; 10 U.S.C. 132a note) is amended by striking “February 1, 2017” and inserting “February 1, 2018”.

Sec. 847 Promotion of value-based defense procurement

added
(a)
added Statement of policy— It shall be the policy of the Department of Defense to avoid using lowest price technically acceptable source selection criteria in inappropriate circumstances that potentially deny the Department the benefits of cost and technical tradeoffs in the source selection process.
(b)
added Requirement for Solicitations— For new solicitations issued on or after the date that is 120 days after the date of the enactment of this Act, lowest price technically acceptable source selection criteria shall be used only in situations in which—
(1)
added the Department of Defense is able to comprehensively and clearly describe the minimum requirements expressed in term of performance objectives, measures, and standards that will be used to determine acceptability of offers;
(2)
added the Department would realize no, or minimal, value from a contract proposal exceeding the minimum technical or performance requirements set forth in the request for proposal;
(3)
added the proposed technical approaches will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror’s proposal versus a competing proposal;
(4)
added a review of technical proposals of offerors other than the lowest bidder would result in no, or minimal, benefit to the Department; and
(5)
added the contracting officer has included a justification for the use of a lowest price technically acceptable evaluation methodology in the contract file, if the contract to be awarded is predominately for the acquisition of information technology services, systems engineering and technical assistance services, or other knowledge-based professional services.
(c)
added Avoidance of use of Lowest Price Technically Acceptable source selection criteria in procurements of information technology and auditing— To the maximum extent practicable, the use of lowest price technically acceptable source selection criteria shall be avoided 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.
(d)
added Reporting— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of Defense shall submit to the congressional defense committees a report on the number of instances in which lowest-price technically acceptable source selection criteria is used, including an explanation of how the criteria was considered when making a determination to use lowest price technically acceptable source selection criteria.

Sec. 848 Study and report on contracts awarded to minority-owned and women-owned businesses

added
(a)
added Study— The Comptroller General of the United States shall carry out a study on the number and types of contracts for the procurement of goods or services for the Department of Defense awarded to minority-owned and women-owned businesses during fiscal years 2010 through 2015. In conducting the study, the Comptroller General shall identify minority-owned businesses according to the categories identified in the Federal procurement data system (described in section 1122(a)(4)(A) of title 41, United States Code).
(b)
added Report— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the results of the study under subsection (a).

Sec. 926 Reform of National Security Council

added
(a)
added Findings— Congress finds the following:
(1)
added The National Security Council has increasingly micromanaged military operations and centralized decisionmaking within the staff of the National Security Council. The size of the staff has contributed this problem.
(2)
added As stated by former Secretary of Defense Robert M. Gates, “It was the operational micromanagement that drove me nuts of White House and [National Security Council] staffers calling senior commanders out in the field and asking them questions, second guessing commanders”, and by another former Secretary of Defense Leon Panetta, “[B]ecause of that centralization of that authority at the White House, there are too few voices being heard in terms of the ability to make decisions and that includes members of the cabinet.”.
(3)
added Gates stated, “You have 25 people working on a single military problem... They are going to be doing things they shouldn’t be doing,” and Panetta noted, “The National Security Council has grown enormously, which means you have a lot more staff people running around at the White House on these foreign policy issues.”.
(4)
added Press reports indicate that National Security Council micromanagement has included selecting targets in ongoing military operations, specifying detailed parameters and limitations on military operations, and managing military planning and the execution of plans.
(5)
added As stated in section 101(a) of the National Security Act of 1947 (50 U.S.C. 3021(a)), the “function of the Council shall be to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security”.
(6)
added As stated in the November 1961 staff reports and recommendations on “Organizing for National Security” submitted to the Committee on Government Operations of the Senate by the Subcommittee on National Policy Machinery, “The Council is an interagency committee: It can inform, debate, review, adjust, and validate... The Council is not a decisionmaking body; it does not itself make policy. It serves only in an advisory capacity to the President, helping him arrive at decisions which he alone can make.”.
(7)
added As noted in the 1987 Report of the President’s Special Review Board (commonly known as the “Tower Commission Report”), “As a general matter, the [National Security Council] staff should not engage in the implementation of policy or the conduct of operations. This compromises their oversight role and usurps the responsibilities of the departments and agencies.”.
(8)
added As noted in the “Addendum on Structure and Process Analyses: Volume II – Executive Office of the President,” accompanying the February 2001 U.S. Commission on National Security/21st Century (commonly known as the “Hart-Rudman Commission”), “[T]he degree to which the [National Security Council] gets involved in operational issues raises a question of congressional oversight. Today there is limited congressional oversight of the [National Security Council]... Assigning the [National Security Council] greater operational responsibility would likely result in calls for more congressional oversight and legislative control...”.
(9)
added According to analysis from the Brookings Institution’s National Security Council Project, the size of the National Security Council staff from the early 1960s to the mid-1990s remained consistently under 60 personnel. Since then, it has grown significantly in size.
(10)
added As former National Security Advisor, Zbigniew Brzezinski, wrote in “The NSC’s Midlife Crisis” in Foreign Policy, Winter 1987–1988, “There is no magic number, but it would appear that for successful strategic planning and policy coordination 30-40 senior staff members are probably adequate. However, to ensure effective supervision over policy implementation as well, the size of the staff should be somewhat larger. An optimal figure for the senior staff probably would be about 50 senior staff members.”.
(b)
added Sense of Congress— It is the sense of Congress that—
(1)
added the function of the National Security Council, consistent with the National Security Act of 1947 (50 U.S.C. 3001 et seq.), is to advise the President as an independent honest broker on national security matters, to coordinate national security activities across departments and agencies, and to make recommendations to the President regarding national security objectives and policy, and the size of the staff of the National Security Council should be appropriately aligned to this function;
(2)
added the President is entitled to privacy in the Office of the President and to a confidential relationship with the National Security Advisor and the National Security Council; and
(3)
added however, a National Security Council, enabled by a large staff, that assumes a central policymaking or operational role is no longer advisory and should be publicly accountable to the American people through Senate confirmation of its leadership and the activities of the Council subject to direct oversight by Congress.
(c)
added Amendments to National Security Act of 1947— Section 101 of the National Security Act of 1947 (50 U.S.C. 3021), is amended—
(1)
added in subsection (a)—
(A)
added in paragraph (5), by striking “and”;
(B)
added in paragraph (6), by striking the period at the end and inserting “; and”; and
(C)
added by adding after paragraph (6) the following new paragraph:

added “(7) the Assistant to the President for National Security Affairs.”

(2)
added in subsection (c), by striking “shall receive compensation at the rate of $10,000 a year.” and inserting “shall report to, and be under the general supervision of, the Assistant to the President for National Security Affairs.”;
(3)
added by redesignating subsections (d) through (l) as subsections (e) through (m), respectively; and
(4)
added by inserting after subsection (c) the following new subsection:

added “(d)

added “(1)

added “(A) Except as provided by subparagraph (B), the Assistant to the President for National Security Affairs shall be appointed by the President.

added “(B) If the staff of the Council exceeds 100 covered employees at any point during a term of the President, and for the duration of such term (without regard to any changes to the number of such covered employees), the Assistant to the President for National Security Affairs shall be appointed by the President, by and with the advice and consent of the Senate.

added “(2)

added “(A) Beginning on the date on which the staff of the Council exceeds 100 covered employees, the person appointed as the Assistant under paragraph (1)(A), the person nominated by the President to be appointed the Assistant under paragraph (1)(B), or any other person designated by the President to serve as the Assistant in an acting capacity, may serve in an acting capacity for no longer than 210 days.

added “(B) If the person nominated by the President to be appointed the Assistant under paragraph (1)(B) is rejected by the Senate, withdrawn, or returned to the President by the Senate, the President shall nominate another person and the person serving as the acting Assistant may continue to serve—

added “(i) until the second nomination is confirmed; or

added “(ii) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.

added “(3) The President shall notify Congress in writing not more than seven days after the date on which the staff of the Council exceeds 100 covered employees.

added “(4) In this subsection, the term “covered employees” means each of the following officers and employees (counted without regard to full-time equivalent basis):

added “(A) Officers and employees occupying a position funded by the Executive Office of the President performing a function of the Council.

added “(B) Officers, employees, and members of the Armed Forces from any department, agency, or independent establishment of the executive branch of the Government that are on detail to the Council performing a function of the Council.”

(d)
added Conforming amendment— Section 3(12) of the International Religious Freedom Act of 1998 (22 U.S.C. 6402(12)) is amended by striking “section 101(i)” and inserting “section 101(l)”.

Sec. 1003 Report on auditable financial statements

added

added Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report ranking all military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law. The report should not include information otherwise available in other reports to Congress.

Sec. 1013 Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia

changed Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2042), as most recently amended by section 1011(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 962 ), 962), is further amended—

(1)
in subsection (a), by striking “2017” and inserting “2018”; and
(2)
in subsection (c), by striking “2017” and inserting “2018”.

Sec. 1014 Unmanned aerial systems training missions

added

added The Secretary of Defense shall coordinate unmanned aerial systems training missions along the southern border of the United States in order to support the Department of Homeland Security’s counter-narcotic trafficking efforts.

Sec. 1015 Funding for counter narcotics operations

added
(a)
added Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for drug interdiction and counterdrug activities, Defense-wide, as specified in the corresponding funding table in section 4501 is hereby increased by $3,000,000.
(b)
added Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, as specified in the corresponding funding table in section 4301, for administration and servicewide activities, Defense Logistics Agency (Line 160) is hereby reduced by $3,000,000.

Sec. 1016 Report on efforts of United States Southern Command Operation to detect and monitor drug trafficking

added

added The Secretary of Defense shall submit to Congress a report on the effectiveness of the United States Southern Command Operation to limit threats to the national security of the United States by detecting and monitoring drug trafficking, specifically heroin and fentanyl.

Sec. 1038 Declassification of information on past terrorist activities of detainees transferred from United States Naval Station, Guantanamo Bay, Cuba

added
(a)
added In general— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall—
(1)
added complete a declassification review of intelligence reports prepared by the National Counterterrorism Center prior to Periodic Review Board sessions or detainee transfers on the past terrorist activities of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, who were transferred or released from United States Naval Station, Guantanamo Bay;
(2)
added make available to the public any information declassified as a result of the declassification review; and
(3)
added submit to the appropriate congressional committees, consistent with the protection of sources and methods, a report setting forth—
(A)
added the results of the declassification review; and
(B)
added if any information covered by the declassification review was not declassified pursuant to the review, a justification for the determination not to declassify such information.
(b)
added Past terrorist activities— For purposes of this section, the past terrorist activities of an individual shall include the terrorist activities conducted by the individual before the transfer of the individual to the detention facility at United States Naval Station, Guantanamo Bay, including, at a minimum, the following:
(1)
added The terrorist organization, if any, with which affiliated.
(2)
added The terrorist training, if any, received.
(3)
added The role in past terrorist attacks against the interests or allies of the United States.
(4)
added The direct responsibility, if any, for the death of citizens of the United States or members of the Armed Forces.
(5)
added Any admission of any matter specified in paragraphs (1) through (4).
(c)
added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
added the congressional defense committees;
(2)
added the Committee on Foreign Affairs of the House of Representatives;
(3)
added the Committee on Foreign Relations of the Senate;
(4)
added the Permanent Committee on Intelligence of the House of Representatives; and
(5)
added the Select Committee on Intelligence of the Senate.

Sec. 1039 Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender

added
(a)
added Prohibition— No order, ruling, finding, or other determination of a military commission may be construed or implemented to prohibit or restrict a member of the Armed Forces from carrying out duties otherwise lawfully assigned to such member to the extent that the basis for such prohibition or restriction is the gender of such member.
(b)
added Applicability to prior orders, Etc— In the case of an order, ruling, finding, or other determination described in subsection (a) that was issued before the date of the enactment of this Act in a military commission and is still effective as of the date of the enactment of this Act, such order, ruling, finding, or determination shall be deemed to be vacated and null and void only to the extent of any prohibition or restriction on the duties of members of the Armed Forces that is based on the gender of members.
(c)
added Military commission defined— In this section, the term military commission means a military commission established under chapter 47A of title 10, United States Code, and any military commission otherwise established or convened by law.

Sec. 1045 Protection of certain Federal spectrum operations

added Section 1004 of the Bipartisan Budget Act of 2015 (Public Law 114–74; 47 U.S.C. 921 note) is amended by adding at the end the following:

added “(d) Protection of certain Federal spectrum operations—If the report required by subsection (a) determines that reallocation and auction of the spectrum described in the report would harm national security by impacting existing terrestrial Federal spectrum operations at the Nevada Test and Training Range, the Commission, in coordination with the Secretary shall, prior to the auction described in subsection (c)(1)(B), establish rules for licensees in such spectrum sufficient to mitigate harmful interference to such operations.

added “(e) Rule of construction—Nothing in this section shall be construed to affect any requirement under section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law 106–65).”

(a)
removed Evaluation— The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall jointly evaluate—
(1)
removed the statutory and regulatory options available to the Secretary and the Chairman to protect critical test and training capability in the event of spectrum auctions affecting frequencies used by the Department of Defense; and
(2)
removed the utility, effect, and limitation, if any, of section 1062 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 767).
(b)
removed Submission— Not later than 90 days after the date of the enactment of this Act, the Secretary and the Chairman shall submit to the congressional defense committees the evaluation under subsection (a), including any recommendations of the Secretary and the Chairman for additional statutory or regulatory options that would enhance the ability of the Secretary and the Chairman to protect national security equities.

Sec. 1047 National Guard flyovers of public events

(a)
Statement of policy— It shall be the policy of the Department of Defense 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.
(b)
National guard flyover approval process— The Adjutant General of a State in which an Army National Guard or Air National Guard unit is based will be the approval authority for all Air National Guard and Army National Guard flyovers in that State, including any request for a flyover in any civilian domain at a nonaviation related event.
(c)
Flyover record maintenance; report—
(1)
changed Record maintenance— The Secretary of Defense shall keep and maintain records of flyover requests requests, approvals, and approvals the total costs of all flyover missions, including the costs of fuel, maintenance, and manpower, in a publicly accessible database that is updated annually.
(2)
GAO report— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on flyovers and the process whereby flyover requests are made and evaluated, including—
(A)
whether there is any cost to taxpayers associated with flyovers;
(B)
whether there is any appreciable public relations or recruitment value that comes from flyovers; and
(C)
the impact flyovers have to aviator training and readiness.
(d)
Flyover defined— In this section, the term “flyover” means aviation support—
(1)
in which a straight and level flight limited to one pass by a single military aircraft, or by a single formation of four or fewer military aircraft of the same type, from the same military department over a predetermined point on the ground at a specific time;
(2)
that does not involve aerobatics or demonstrations; and
(3)
uses bank angles of up to 90 degrees if required to improve the spectator visibility of the aircraft.
(e)
added State defined— In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

Sec. 1048 Application of the Freedom of Information Act to the National Security Council

added
(a)
added In general— Section 552(f)(1) of title 5, United States Code (commonly referred to as the Freedom of Information Act), is amended by inserting “and the National Security Council” after “the Executive Office of the President”.
(b)
added Effective date; application—
(1)
added Effective date— The amendment made by subsection (a) shall take effect on the date on which the first Assistant to the President for National Security Affairs is appointed by the President, by and with the advice and consent of the Senate, pursuant to section 101(d)(1)(B) of the National Security Act of 1947 (50 U.S.C. 3021(d)(1)(B)), as added by title IX of this Act.
(2)
added Application— The amendment made by subsection (a) shall apply with respect to any record created by the National Security Council on or after the date specified in paragraph (1).

Sec. 1049 Requirement relating to transfer of excess Department of Defense equipment to Federal and State agencies

added

added Section 2576a of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(g) Preference for border security purposes

added “(1) In transferring the personal property described in paragraph (2) under this section, the Secretary of Defense may give first preference to the Department of Homeland Security and then to Federal and State agencies that agree to use the property primarily for the purpose of strengthening border security along the southern border of the United States.

added “(2) The personal property described in this section is—

added “(A) unmanned aerial vehicles;

added “(B) the Aerostat radar system;

added “(C) night-vision goggles; and

added “(D) high mobility multi-purpose wheel vehicles (commonly known as “humvees”).”

Sec. 1061 Temporary continuation of certain Department of Defense reporting requirements

(a)
Exceptions to reports termination provision— Section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to any report required to be submitted to Congress by the Department of Defense, or by any officer, official, component, or element of the Department, pursuant to a provision of law specified in this section, notwithstanding the enactment of the reporting requirement by an annual national defense authorization Act or the inclusion of the report in the list of reports prepared by the Secretary of Defense pursuant to subsection (c) of such section 1080.
(b)
Final termination date for submittal of exempted reports—
(1)
In general— Except as provided in paragraph (2), each report required pursuant to a provision of law specified in this section that is still required to be submitted to Congress as of January 31, 2021, shall no longer be required to be submitted to Congress after that date.
(2)
Reports exempted from termination— The termination dates specified in paragraph (1) and section 1080 of the National Defense Authorization Act for Fiscal Year 2016 do not apply to the following:
(A)
The submission of the reports on the National Military Strategy and Risk Assessment under section 153(b)(3) of title 10, United States Code.
(B)
The submission of the future-years defense program (including associated annexes) under section 221 of title 10, United States Code.
(C)
The submission of the future-years mission budget for the military programs of the Department of Defense under section 221 of such title.
(D)
changed The submission of audits of contracting compliance by the Inspector General of the Department of Defense under section 1601(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2533a note)note).
(c)
Reports required by title 10, United States Code— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of title 10, United States Code:
(1)
Section 127b(f), relating to a report on the administration of Department of Defense rewards program against international terrorism.
(2)
Section 127d(d), relating to a report on provision of logistic support, supplies, and services to allied forces participating in combined operations.
(3)
Section 139(h), relating to a report on operational test and evaluation activities of the Department of Defense, including the report component required by section 2399(g) on operational test and evaluation of defense acquisition programs.
(4)
Section 139b(d), relating to a report on activities of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.
(5)
Sections 153(c), relating to a report on the requirements of the combatant commands.
(6)
Section 179(f), relating to reports and assessments regarding nuclear stockpile and stockpile stewardship program.
(7)
Section 196(d), relating to a report on the strategic plan reflecting the needs of the Department of Defense with respect to test and evaluation facilities and resources.
(8)
Section 229, relating to submission of budget information regarding Department of Defense programs for combating terrorism.
(9)
Section 231, relating to submission of naval vessel construction plan and related certification.
(10)
Section 238, relating to submission of a budget justification display regarding cyber mission forces.
(11)
Section 401(d), relating to a report on the provision of humanitarian and civic assistance in conjunction with military operations.
(12)
Section 494(b), relating to a report on the nuclear weapons stockpile of the United States.
(13)
Section 526(j), relating to a report on general officer and flag officer numbers.
(14)
Section 981(c), relating to a report on enlisted aide numbers.
(15)
Section 1557(e), relating to a report on any failure to achieve timeliness standard for disposition of applications before Corrections Boards.
(16)
Section 2011(e), relating to a report on training of special operations forces with friendly foreign forces.
(17)
Section 2166(i), relating to a report on the activities of the Western Hemisphere Institute for Security Cooperation.
(18)
Section 2218(h), relating to submission of budget requests for the National Defense Sealift Fund.
(19)
Section 2228(e), relating to a report on the long-term strategy and related matters regarding reducing corrosion and its effects on military equipment and infrastructure.
(20)
Section 2229a, relating to a report on the status of materiel in the prepositioned stocks.
(21)
Section 2249c(c), relating to a report on the administration of the Regional Defense Combating Terrorism Fellowship Program.
(22)
Section 2275, relating to reports on major satellite acquisition programs, including report updates under subsection (f) of such section.
(23)
Section 2276(e), relating to a report on the funds, services, and equipment accepted and used in connection with commercial space launch cooperation.
(24)
Section 2445b, relating to submission of budget justification documents regarding major automated information system programs and other major information technology investment programs.
(25)
Section 2464(d), relating to a report on core depot-level maintenance and repair capabilities.
(26)
Section 2466(d), relating to a report on expenditures for performance of depot-level maintenance and repair workloads.
(27)
Section 2561(c), relating to a report on the use of humanitarian assistance for providing transportation of humanitarian relief and for other humanitarian purposes.
(28)
Section 2684a(g), relating to a report on projects undertaken under agreements to limit encroachments and other constraints on military training, testing, and operations.
(29)
Section 2687a, relating to reports on the status of overseas closures and realignments and master plans, expenditures from the Department of Defense Overseas Facility Investment Recovery Account, and agreement of settlement with host countries regarding the release of facility improvements made by the United States.
(30)
Section 2711, relating to a report on defense environmental programs.
(31)
Sections 2831(e) and 2884(b)(4), relating to reports on quarters for general or flag officers.
(32)
Sections 2884(b) and (c), relating to reports on the Department of Defense Housing Funds, provision of a basic allowance for housing to members of the Armed Forces living in military privatized housing, plans for housing privatization activities, and the status of oversight and accountability measures for military housing privatization projects.
(33)
Section 2912(d), relating to a statement of the energy cost savings available for obligation.
(34)
Section 2925, relating to reports on Department of Defense energy management and operational energy.
(35)
Section 4721(e), relating to submission of a budget request and related materials regarding Army National Military Cemeteries.
(36)
Section 7310(c), relating to a report on repairs and maintenance performed on certain naval vessels in a foreign shipyard.
(37)
Section 10541, relating to a report on equipment of the National Guard and other reserve components.
(38)
Section 10543, relating to a component of the future-years defense program regarding National Guard and other reserve components equipment procurement and military construction funding and associated annexes and report.
(d)
Reports required by National Defense Authorization Act for Fiscal Year 2015— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291):
(1)
Section 232(e) (10 U.S.C. 2358 note), relating to a report on the pilot program on assignment to the Defense Advanced Research Projects Agency of certain private sector personnel.
(2)
Section 546(d) (10 U.S.C. 1561 note), relating to a report on activities of the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.
(3)
Section 1003 (10 U.S.C. 221 note), relating to reporting of balances carried forward by the Department of Defense at the end of each fiscal year.
(4)
Section 1026(d) (128 Stat. 3490), relating to a report on the status of the modernization of Ticonderoga-class cruisers and dock landing ships.
(5)
Section 1055 (128 Stat. 3498), relating to a report on the Air Force response to the recommendations of the National Commission on the Structure of the Air Force.
(6)
Section 1204(b) (10 U.S.C. 2249e note), relating to a report on administration of section 2249e of title 10, United States Code.
(7)
Section 1205(e) (128 Stat. 3537), relating to a report on the assessment of programs carried out under section 2282(f) of title 10, United States Code.
(8)
Section 1206(e) (10 U.S.C. 2282 note), relating to a report on the training of security forces and associated security ministries of foreign countries to promote respect for the rule of law and human rights.
(9)
Section 1207(d) (10 U.S.C. 2342 note), relating to a report on loan of personnel protection and personnel survivability equipment to military forces of foreign nations.
(10)
Section 1211 (128 Stat. 3544), relating to a report on programs carried out by the Department of Defense to provide training, equipment, or other assistance or reimbursement to foreign security forces.
(11)
Section 1225 (128 Stat. 3550), relating to a report on enhancing security and stability in Afghanistan.
(12)
Section 1245 (128 Stat. 3566), relating to a report on military and security developments involving the Russian Federation.
(13)
Section 2821(a)(3) (10 U.S.C. 2687 note), relating to notice of any adjustment to the funding limitation on implementation of the Record of Decision for the relocation of Marine Corps forces to Guam.
(e)
Reports required by National Defense Authorization Act for Fiscal Year 2014— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66):
(1)
Section 704(e) (10 U.S.C. 1074 note), relating to a report on the pilot program on investigational treatment of members of the Armed Forces for traumatic brain injury and post-traumatic stress disorder.
(2)
Sections 713(f), (g), and (h) (10 U.S.C. 1071 note), relating to providing a financial summary of efforts to develop interoperable electronic health records, updates on the progress of data sharing, and information on executive committee activities.
(f)
Reports required by National Defense Authorization Act for Fiscal Year 2013— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239):
(1)
Section 1009 (126 Stat. 1906), relating to a report on the use of funds in the Drug Interdiction and Counter-Drug Activities, Defense-wide account.
(2)
Section 1023 (126 Stat. 1911), relating to a report on recidivism of individuals who have been detained at United States Naval Station, Guantanamo Bay, Cuba.
(g)
Reports required by National Defense Authorization Act for Fiscal Year 2011— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383):
(1)
Section 123 (10 U.S.C. 167 note), relating to a report on use of combat mission requirements funds.
(2)
Section 1631(d) (10 U.S.C. 1561 note), relating to a report on sexual assaults involving members of the Armed Forces and improvement to sexual assault prevention and response program.
(h)
Reports required by National Defense Authorization Act for Fiscal Year 2010— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following sections of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84):
(1)
Section 711(d) (10 U.S.C. 1071 note), relating to a report on the comprehensive policy on pain management by the Military Health Care System.
(2)
Section 1003(b) (10 U.S.C. 2222 note), relating to a report on implementation by the Department of Defense of the Financial Improvement and Audit Readiness Plan.
(3)
Section 1245 (123 Stat. 2542), relating to a report on military power of Iran.
(i)
Reports required by Other laws— Subject to subsection (b), subsection (a) applies to reporting requirements contained in the following provisions of law:
(1)
Section 717(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1073 note), relating to a report on TRICARE Program effectiveness.
(2)
Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note), relating to a report on military and security developments involving the People's Republic of China.
(3)
Section 1208(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2086), relating to a report on the provision of support for special operations to combat terrorism.
(4)
Section 1405(d) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 801 note), relating to a report on any modification made to the procedures for status review of detainees outside the United States.
(5)
Section 1017(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2631 note), relating to a report regarding overhaul, repair, and maintenance performed on certain vessels in the United States.
(6)
Section 1034(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 309), relating to a report on the provision of support for non-Federal development and testing of material for chemical agent defense.
(7)
Section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641), relating to a report on military and security developments involving the Democratic People’s Republic of Korea.
(8)
Section 103A(b)(3) of the Sikes Act (16 U.S.C. 670c–1(b)(3)), relating to a report on the disposition of certain appropriated funds provided under cooperative and interagency agreements for land management on installations.
(9)
Section 1511(h) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411(h)), relating to a report on the financial and other affairs of the Armed Forces Retirement Home.
(10)
Section 901(f) of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 32 U.S.C. 112 note), as added by section 1008 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), relating to a report on the activities of the National Guard counterdrug schools.
(11)
Section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5), relating to a report on the requirements of the National Defense Stockpile.
(12)
Sections 1412(i) and (j) of the National Defense Authorization Act, 1986 (50 U.S.C. 1521), as amended by section 1421 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383), relating to reports on destruction of existing stockpile of lethal chemical agents and munitions, including implementation by the United States of its chemical weapons destruction obligations under the Chemical Weapons Convention.
(13)
Section 1703 of the National Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523), relating to a report on chemical and biological warfare defense.
(14)
Section 234 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. 2367), relating to a report on acquisition of technology relating to weapons of mass destruction and their threat.
(15)
Section 105A(b) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20308(b)), as added by section 586 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84), relating to a report on effectiveness of activities and utilization of certain procedures under Federal Voting Assistance Program.
(j)
Conforming amendment— Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) is amended—
(1)
by striking “on the date that is two years after the date of the enactment of this Act” and inserting “November 25, 2017”; and
(2)
by striking “effective”.

Sec. 1070 Briefing on criteria for determining locations of Air Force Installation and Mission Support Center headquarters

added
(a)
added Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide a briefing to the Committee on Armed Services of the House of Representatives on the Department of the Air Force’s 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.
(b)
added Contents of briefing— The briefing under subsection (a) will specifically address the rationale behind the distance categories used to allocate points under this mission criteria referred to in subsection (a), and shall provide references to any existing government guidance that supports use of these distance categories. In addition, the briefing shall include an analysis regarding the reasons why the Department did not consider commuting times as a more equitable way of determining proximity to commercial hub airports that would account for the impact of different traffic conditions across the candidate locations.

Sec. 1071 Report on testing and integration of minehunting sonar systems to improve Littoral Combat Ship minehunting capabilities

added
(a)
added Report to congress— Not later than April 1, 2018, the Secretary of the Navy shall submit to the congressional defense committees a report that contains the findings of an assessment of all operational minehunting Synthetic Aperture Sonar (hereinafter referred to as “SAS”) technologies suitable to meet the requirements for use on the Littoral Combat Ship Mine Countermeasures Mission Package.
(b)
added Elements— The report required by subsection (a) shall include—
(1)
added an explanation of the future acquisition strategy for the minehunting mission package;
(2)
added specific details regarding the capabilities of all in-production SAS systems available for integration into the Littoral Combat Ship Mine Countermeasure Mission Package;
(3)
added an assessment of key performance parameters for the Littoral Combat Ship Mine Countermeasures Mission Package with each of the assessed SAS technologies; and
(4)
added a review of the Department of the Navy’s efforts to evaluate SAS technologies in operation with allied Navies for future use on the Littoral Combat Ship Mine Countermeasures Mission Package.
(c)
added System testing— The Secretary of the Navy is encouraged to perform at-sea testing and experimentation of sonar systems in order to provide data in support of the assessment required by subsection (a).

Sec. 1072 Report on carrier air wing force structure

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the impact of changes to existing carrier air wing force structure and the impact a potential reduction to 9 carrier air wings would have on overall fleet readiness if aircraft and personnel were to be distributed throughout the remaining 9 air wings.

Sec. 1073 Quarterly reports on parachute jumps conducted at Fort Bragg and Pope Army Airfield and Air Force support for such jumps

added
(a)
added Report required— Until January 31, 2020, the Secretary of the Air Force and the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the Senate quarterly reports—
(1)
added specifying the number of parachute jumps conducted at Fort Bragg and Pope Army Airfield, North Carolina, during the three-month period covered by the report; and
(2)
added describing and evaluating the level of air support provided by the Air Force for those jumps.
(b)
added Joint Airborne Air Transportability Training contracts— As part of each report submitted under subsection (a), the Secretaries shall specifically provide the following:
(1)
added The number of Joint Airborne Air Transportability Training contracts requested during the three-month period covered by the report by all units located at Fort Bragg and Pope Army Airfield.
(2)
added The number of Joint Airborne Air Transportability Training contracts validated during the three-month period covered by the report for units located at Fort Bragg and Pope Army Airfield.
(3)
added The number of Joint Airborne Air Transportability Training contracts not validated during the three-month period covered by the report for units located at Fort Bragg and Pope Army Airfield.
(4)
added In the case of each Joint Airborne Air Transportability Training contract identified pursuant to paragraph (3), the reason the contract was not validated.

Sec. 1074 Briefing on real property inventory

added
(a)
added Briefing required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committee on Armed Services of the House of Representatives on the status of the Installation Geospatial Information and Services of the Department of Defense as it relates to the real property inventory of the Department, and the extent to which the Department has made use of the cadastral geographic information systems-based real property inventory.
(b)
added Matters covered— The briefing required by subsection (a) shall, at a minimum, cover the following:
(1)
added The status of current policies of the Department governing real property inventories and the use of geospatial information systems, the status of real property inventory in relation to the financial improvement and audit readiness efforts of the Department, and the status of implementation of Department of Defense Instruction 8130.01, Installation Geospatial Information and Services (IGI&S).
(2)
added The extent to which the Department is coordinating with the Federal Geographic Data Committee, other Federal agencies, and State and local governments, and how existing Department standards and common protocols ensure that the interoperability of geospatial information complies with section 216 of the E-Government Act of 2002 (Public Law 107–347; 44 U.S.C. 3501 note) and Executive Orders 12906 and 13327.
(3)
added The existing real property inventories systems or any components of any cadastre currently authorized by law or conducted by the Department of Defense, the statutory authorization for such inventories or components, and the amount expended by the Federal Government for each such activity in fiscal year 2015.
(4)
added A discussion of the Department's ability to make this information publicly available on the Internet in a graphically geo-enabled and searchable format, and how the Department plans to prevent the disclosure of any parcel or parcels of land, any buildings or facilities on any such parcel, or any information related to any such parcel, building, or facility, if such disclosure would impair or jeopardize the national security or homeland defense of the United States.
(5)
added Any additional topics identified by the Secretary.

Sec. 1075 Report on adjustment and diversification assistance

added

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on the adjustment and diversification assistance authorized by subsections (b) and (c) of section 2391 of title 10, United States Code. Such briefing shall include each of the following:

(1)
added A description of the activities and programs currently being conducted under subsections (b)(1) and (c) of such section, including a list of the recipients of grants, and amount received by each recipient, of such activities and programs in each of the five most recent fiscal years.
(2)
added For each of the five fiscal years preceding the fiscal year during which the briefing is conducted, separate estimates of the funding the Department of Defense has directed to activities under each of clauses (A) through (E) of paragraph (1) of subsection (b) and under subsection (c) of such section and the recipients of such funding.

Sec. 1076 Briefing on the protection of personally identifying information of members of the Armed Forces

added

added Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the efforts of the Department of Defense to protect the personally identifiable information of members of the Armed Forces and their families, and of employees of the Department of Defense, which shall include—

(1)
added current and planned initiatives to protect the personally identifying information of members of the Armed Forces and their families, and employees of the Department of Defense;
(2)
added the challenges encountered in carrying out the activities described in paragraph (1); and
(3)
added any trends related to fraudulent activity that targets the personally identifying information of members of the Armed Forces or their families, or employees of the Department of Defense.

Sec. 1089 Sense of Congress regarding Connecticut’s Submarine Century

(a)
Findings— Congress makes the following findings:
(1)
On March 2, 1867, Congress enacted a naval appropriations Act that authorized the Secretary of the Navy to “receive and accept a deed of gift, when offered by the State of Connecticut, of a tract of land with not less than one mile of shore front on the Thames River near New London, Connecticut, to be held by the United States for naval purposes”.
(2)
The people of Connecticut and the towns and cities in the southeastern region of Connecticut subsequently gifted land to establish a military installation to fulfil the Nation’s need for a naval facility on the Atlantic coast.
(3)
changed On April 11, 1868, the Navy accepted the deed of gift of land from Connecticut to establish a naval yard and storage depot along the eastern shore of the Thames River in Groton, Connecticut;Connecticut.
(4)
Between 1868 and 1912, the New London Navy Yard supported a diverse range of missions, including berthing inactive Civil War era ironclad warships and serving as a coaling station for refueling naval ships traveling in New England waters.
(5)
Congress rejected the Navy’s proposal to close New London Navy Yard in 1912, following an impassioned effort by Congressman Edwin W. Higgins, who stated that “this action proposed is not only unjust but unreasonable and unsound as a military proposition”.
(6)
The outbreak of World War I and the enemy use of submarines to sink allied military and civilian ships in the Atlantic sparked a new focus on developing submarine capabilities in the United States.
(7)
October 18, 1915, marked the arrival at the New London Navy Yard of the submarines G–1, G–2, and G–4 under the care of the tender U.S.S. OZARK, soon followed by the arrival of submarines E–1, D–1, and D–3 under the care of the tender U.S.S. TONOPAH, and on November 1, 1915, the arrival of the first ship built as a submarine tender, the U.S.S. FULTON (AS–1).
(8)
changed On June 21, 1916, Commander Yeates Stirling assumed the command of the newly designated Naval Submarine Base New London, the New London Submarine Flotilla, and the Submarine School;School.
(9)
In the 100 years since the arrival of the first submarines to the base, Naval Submarine Base New London has grown to occupy more than 680 acres along the east side of the Thames River, with more than 160 major facilities, 15 nuclear submarines, and more than 70 tenant commands and activities, including the Submarine Learning Center, Naval Submarine School, the Naval Submarine Medical Research Laboratory, the Naval Undersea Medical Institute, and the newly established Undersea Warfighting Development Center.
(10)
In addition to being the site of the first submarine base in the United States, Connecticut was home to the foremost submarine manufacturers of the time, the Lake Torpedo Boat Company in Bridgeport and the Electric Boat Company in Groton, which later became General Dynamics Electric Boat.
(11)
General Dynamics Electric Boat, its talented workforce, and its Connecticut-based and nationwide network of suppliers have delivered more than 200 submarines from its current location in Groton, Connecticut, including the first nuclear-powered submarine, the U.S.S. NAUTILUS (SSN 571), and nearly half of the nuclear submarines ever built by the United States.
(12)
The Submarine Force Library and Museum, located adjacent to Naval Submarine Base New London in Groton, Connecticut, is the only submarine museum operated by the United States Navy and today serves as the primary repository for artifacts, documents, and photographs relating to the bold and courageous history of the Submarine Force and highlights as its core exhibit the Historic Ship NAUTILUS (SSN 571) following her retirement from service.
(13)
Reflecting the close ties between Connecticut and the Navy that began with the gift of land that established the base, the State of Connecticut has set aside $40,000,000 in funding for critical infrastructure investments to support the mission of the base, including construction of a new dive locker building, expansion of the Submarine Learning Center, and modernization of energy infrastructure.
(14)
On September 29, 2015, Connecticut Governor Dannel Malloy designated October 2015 through October 2016 as Connecticut's Submarine Century, a year-long observance that celebrates 100 years of submarine activity in Connecticut, including the Town of Groton's distinction as the Submarine Capital of the World, to coincide with the centennial anniversary of the establishment of Naval Submarine Base New London and the Naval Submarine School.
(15)
Whereas Naval Submarine Base New London still proudly proclaims its motto of “The First and Finest”.
(16)
Congressman Higgins’ statement before Congress in 1912 that “Connecticut stands ready, as she always has, to bear her part of the burdens of the national defense” remains true today.
(b)
Sense of Congress— Congress—
(1)
commends the longstanding dedication and contribution to the Navy and submarine force by the people of Connecticut, both through the initial deed of gift that established what would become Naval Submarine Base New London and through their ongoing commitment to support the mission of the base and the Navy personnel assigned to it;
(2)
honors the submariners who have trained and served at Naval Submarine Base New London throughout its history in support of the Nation’s security and undersea superiority;
(3)
recognizes the contribution of the industry and workforce of Connecticut in designing, building, and sustaining the Navy’s submarine fleet; and
(4)
encourages the recognition of Connecticut’s Submarine Century by Congress, the Navy, and the American people by honoring the contribution of the people of Connecticut to the defense of the United States and the important role of the submarine force in safeguarding the security of the United States for more than a century.

Sec. 1098 Use of Transportation Worker Identification Credential to gain access at Department of Defense installations

added
(a)
added Access to Installations for Credentialed Transportation Workers— During the period that the Secretary is developing and fielding physical access standards, capabilities, processes, and electronic access control systems, the Secretary shall, to the maximum extent practicable, ensure that the Transportation Worker Identification Credential (TWIC) shall be accepted as a valid credential for unescorted access to Department of Defense installations by transportation workers.
(b)
added Credentialed Transportation Workers with Secret Clearance— TWIC-carrying transportation workers who also have a current Secret Level Clearance issued by the Department of Defense shall be considered exempt from further vetting when seeking unescorted access at Department of Defense facilities. Access security personnel shall verify such person’s security clearance in a timely manner and provide them with unescorted access to complete their freight service.
(c)
added Report on Credentialed Persons Denied Access to Department of Defense Installations— Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall begin documenting each instance when a credentialed transportation worker is denied unescorted access to a military facility in the Continental United States, Hawaii, Alaska, Guam, or Native American lands. The report shall include, but not be limited to, the reasons for such denial, and the amount of time the credentialed party denied entrance waited to obtain access. The report shall be submitted to the Armed Services Committees of the House and Senate no later than the first day of February of each year until complete fielding of Identity Management Enterprise Services Architecture and electronic access control systems are achieved.

Sec. 1098A Limitation on availability of funds for destruction of certain landmines and report on development of replacement anti-personnel landmine munitions

added
(a)
added Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense may be obligated or expended for the destruction of anti-personnel landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c).
(b)
added Exception for safety— Subsection (a) shall not apply to any anti-personnel landmine munitions that the Secretary determines are unsafe or could pose a safety risk if not demilitarized or destroyed.
(c)
added Report required—
(1)
added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Congress a report that includes the following:
(A)
added An assessment of the current state of research into operational alternatives to anti-personnel landmines.
(B)
added Any other matter that the Secretary determines should be included in the report.
(2)
added Form of report— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d)
added Anti-personnel landmine munitions defined— In this section, the term “anti-personnel landmine munitions” includes anti-personnel landmines and sub-munitions as defined by the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, as determined by the Secretary.

Sec. 1098B Requirement for memorandum of understanding regarding transfer of detainees

added

added Section 1034(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 969; 10 U.S.C. 801 note) is amended—

(1)
added by striking “and” at the end of paragraph (3);
(2)
added by striking the period and inserting “; and” at the end of paragraph (4); and
(3)
added by adding at the end the following new paragraph:

added “(5) the United States Government and the government of the foreign country have entered into a written memorandum of understanding regarding the transfer of the individual and such memorandum of understanding has previously been transmitted to the appropriate committees of Congress.”

Sec. 1098C Sense of congress regarding american veterans disabled for life

added
(a)
added Findings— Congress finds the following:
(1)
added There are at least 3,600,000 veterans currently living with service-connected disabilities.
(2)
added As a result of their service, many veterans are permanently disabled throughout their lives and in many cases must rely on the support of their families and friends when these visible and invisible burdens become too much to bear alone.
(3)
added October 5, which is the anniversary of the dedication of the American Veterans Disabled for Life Memorial, has been recognized as an appropriate day on which to honor American veterans disabled for life each year.
(b)
added Sense of Congress— Congress—
(1)
added expresses its appreciation to the men and women left permanently wounded, ill, or injured as a result of their service in the Armed Forces;
(2)
added supports the annual recognition of American veterans disabled for life each year; and
(3)
added encourages the American people to honor American veterans disabled for life each year with appropriate programs and activities.

Sec. 1098D Study on military helicopter noise

added
(a)
added In general— The Secretary of Defense, in coordination with the Administrator of the Federal Aviation Administration, shall—
(1)
added conduct a study on the effects of military helicopter noise on National Capital Region communities and individuals; and
(2)
added develop recommendations for the reduction of the effects of military helicopter noise on individuals, structures, and property values in the National Capital Region.
(b)
added Focus— In conducting the study under subsection (a), the Secretary and the Administrator shall focus on air traffic control, airspace design, airspace management, and types of aircraft, to address helicopter noise problems and shall take into account the needs of law enforcement, emergency, and military operations.
(c)
added Consideration of Views— In conducting the study under subsection (a), the Secretary shall consider the views of representatives of—
(1)
added members of the Armed Forces;
(2)
added law enforcement agencies;
(3)
added community stakeholders, including residents and local government officials; and
(4)
added organizations with an interest in reducing military helicopter noise.
(d)
added Report—
(1)
added In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study conducted under subsection (a).
(2)
added Availability to the public— The Secretary shall make the report required under paragraph (1) publicly available.

Sec. 1098E Maritime Occupational Safety and Health Advisory Committee

added
(a)
added Short Title— This section may be cited as the “Maritime Occupational Safety and Health Advisory Committee Act”.
(b)
added Maritime Occupational Safety and Health Advisory Committee— Section 7 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656) is amended by adding at the end the following:

added “(d) There is established a Maritime Occupational Safety and Health Advisory Committee, which shall be a continuing body and shall provide advice to the Secretary in formulating maritime industry standards and regarding matters pertaining to the administration of this Act related to the maritime industry. The composition of this advisory committee shall be consistent with the advisory committees established under subsection (b), provided that a member of this committee who is otherwise qualified may continue to serve until a successor is appointed. The Secretary may promulgate or amend regulations as necessary to implement this subsection.”

Sec. 1098F Sense of Congress regarding United States Northern Command preparedness

added

added It is the sense of the Congress that—

(1)
added the United States Northern Command plays a crucial role in providing additional response capability to State and local governments in domestic disaster relief and consequence management operations;
(2)
added the United States Northern Command must continue to build upon its current efforts to develop command strategies, leadership training, and response plans to effectively work with civil authorities when acting as the lead agency or a supporting agency; and
(3)
added the United States Northern Command should leverage whenever possible training and management expertise that resides within the Department of Defense, other Federal agencies, State and local governments, and private sector businesses and academic institutions to enhance—
(A)
added its defense support to civil authorities and incidence management missions;
(B)
added relationships with other entities involved in disaster response; and
(C)
added its ability to respond to unforeseen events.

Sec. 1098G Cost of Wars

added

added The Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, shall post on the public Web site of the Department of Defense the costs, including the relevant legacy costs, to each American taxpayer of each of the wars in Afghanistan, Iraq, and Syria.

Sec. 1098H Workforce issues for relocation of marines to Guam

added
(a)
added In general— Section 6(b) of the Joint Resolution entitled “A Joint Resolution to approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America”, and for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)) is amended to read as follows:

added “(b) Numerical limitations for nonimmigrant workers—An alien, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting against the numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)). An alien, if otherwise qualified, may, before October 1, 2028, be admitted under section 101(a)(15)(H)(ii)(b) of such Act for a period of up to 3 years (which may be extended by the Secretary of Homeland Security before October 1, 2028, for an additional period or periods not to exceed 3 years each) to perform services or labor on Guam pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of the contract or subcontract in direct support of all military-funded construction, repairs, renovation, and facilities services, or to perform services or labor on Guam as a health-care worker, notwithstanding the requirement of such section that the service or labor be temporary. This subsection does not apply to any employment to be performed outside of Guam or the Commonwealth.”

(b)
added Effective date— The amendment made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this Act.

Sec. 1098I Review of Department of Defense debt collection regulations

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review and update Department of Defense regulations to ensure such regulations comply with Federal consumer protection law with respect to the collection of debt.

Sec. 1098J Importance of role played by women in World War II

added
(a)
added Findings— Congress finds the following:
(1)
added National Rosie the Riveter Day is a collective national effort to raise awareness of the 16 million women working during World War II.
(2)
added Americans have chosen to honor female workers who contributed on the home front during World War II.
(3)
added These women left their homes to work or volunteer full-time in factories, farms, shipyards, airplane factories, banks, and other institutions in support of the military overseas.
(4)
added These women worked with the USO and Red Cross, drove trucks, riveted airplane parts, collected critical materials, rolled bandages, and served on rationing boards.
(5)
added It is fitting and proper to recognize and preserve the history and legacy of working women, including volunteer women, during World War II to promote cooperation and fellowship among such women and their descendants.
(6)
added These women and their descendants wish to further the advancement of patriotic ideas, excellence in the workplace, and loyalty to the United States of America.
(b)
added Sense of Congress— Congress acknowledges the important role played by women in World War II.

Sec. 1098K Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons

added
(a)
added Recovery— Subchapter II of chapter 407 of title 36, United States Code, is amended by inserting after section 40728A the following new section:

added “40728B. Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons

added “(a) Authority to recover

added “(1) Subject to paragraph (2) and subsection (b), the Secretary of the Army may acquire from any person any rifle, ammunition, repair parts, or other supplies described in section 40731(a) of this title which were—

added “(A) provided to any country on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) that became excess to the needs of such country; and

added “(B) lawfully acquired by such person.

added “(2) The Secretary of the Army may not acquire anything under paragraph (1) except for transfer to a person in the United States under subsection (c).

added “(3) The Secretary of the Army may accept rifles, ammunition, repair parts, or other supplies under paragraph (1) notwithstanding section 1342 of title 31.

added “(b) Cost of recovery—The Secretary of the Army may not acquire anything under subsection (a) if the United States would incur any cost for such acquisition.

added “(c) Availability for transfer—Any rifles, ammunition, repair parts, or supplies acquired under subsection (a) shall be available for transfer in the United States to the person from whom acquired if such person—

added “(1) is licensed as a manufacturer, importer, or dealer pursuant to section 923(a) of title 18; and

added “(2) uses an ammunition depot of the Army that is an eligible facility for receipt of any rifles, ammunition, repair parts, or supplies under this paragraph.

added “(d) Contracts—Notwithstanding subsection (k) of section 2304 of title 10, the Secretary may enter into such contracts or cooperative agreements on a sole source basis pursuant to paragraphs (4) and (5) of subsection (c) of such section to carry out this section.

added “(e) AECA—Transfers authorized under this section may only be made in accordance with applicable provisions of the Arms Export Control Act (22 U.S.C. 2778).

added “(f) rifle defined—In this section, the term “rifle” has the meaning given such term in section 921 of title 18.”

(b)
added Sale— Section 40732 of such title is amended—
(1)
added by adding at the end the following new subsection:

added “(d) Sales by other persons—A person who receives a rifle or any ammunition, repair parts, or supplies under section 40728B(c) of this title may sell, at fair market value, such rifle, ammunition, repair parts, or supplies. With respect to rifles other than caliber .22 rimfire and caliber .30 rifles, the seller shall obtain a license as a dealer in rifles and abide by all requirements imposed on persons licensed under chapter 44 of title 18, including maintaining acquisition and disposition records, and conducting background checks.”

(2)
added in subsection (c), in the heading, by inserting “by the Corporation” after “Limitation on Sales”.
(c)
added Clerical amendment— The table of sections at the beginning of chapter 407 of such title is amended by inserting after the item relating to section 40728A the following new item:

Sec. 1098L Project management

added
(a)
added Deputy Director for Management—
(1)
added Additional functions— Section 503 of title 31, United States Code, is amended by adding at the end the following:

added “(c) Program and project management

added “(1) Requirement—Subject to the direction and approval of the Director, the Deputy Director for Management or a designee shall—

added “(A) adopt governmentwide standards, policies, and guidelines for program and project management for executive agencies;

added “(B) oversee implementation of program and project management for the standards, policies, and guidelines established under subparagraph (A);

added “(C) chair the Program Management Policy Council established under section 1126(b);

added “(D) establish standards and policies for executive agencies, consistent with widely accepted standards for program and project management planning and delivery;

added “(E) engage with the private sector to identify best practices in program and project management that would improve Federal program and project management;

added “(F) conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office;

added “(G) not less than annually, conduct portfolio reviews of agency programs in coordination with Project Management Improvement Officers designated under section 1126(a)(1) to assess the quality and effectiveness of program management; and

added “(H) establish a 5-year strategic plan for program and project management.

added “(2) Application to Department of Defense—Paragraph (1) shall not apply to the Department of Defense to the extent that the provisions of that paragraph are substantially similar to or duplicative of—

added “(A) the provisions of chapter 87 of title 10; or

added “(B) policy, guidance, or instruction of the Department related to program management.”

(2)
added Deadline for standards, policies, and guidelines— Not later than 1 year after the date of enactment of this Act, the Deputy Director for Management of the Office of Management and Budget shall issue the standards, policies, and guidelines required under section 503(c) of title 31, United States Code, as added by paragraph (1).
(3)
added Regulations— Not later than 90 days after the date on which the standards, policies, and guidelines are issued under paragraph (2), the Deputy Director for Management of the Office of Management and Budget, in consultation with the Program Management Policy Council established under section 1126(b) of title 31, United States Code, as added by subsection (b)(1), and the Director of the Office of Management and Budget, shall issue any regulations as are necessary to implement the requirements of section 503(c) of title 31, United States Code, as added by paragraph (1).
(b)
added Program Management Improvement Officers and Program Management Policy Council—
(1)
added Amendment— Chapter 11 of title 31, United States Code, is amended by adding at the end the following:

added “1126. Program Management Improvement Officers and Program Management Policy Council

added “(a) Program Management Improvement Officers

added “(1) Designation—The head of each agency described in section 901(b) shall designate a senior executive of the agency as the Program Management Improvement Officer of the agency.

added “(2) Functions—The Program Management Improvement Officer of an agency designated under paragraph (1) shall—

added “(A) implement program management policies established by the agency under section 503(c); and

added “(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:

added “(i) Enhanced training and educational opportunities for program managers that shall include—

added “(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and

added “(II) training that emphasizes cost containment for large projects and programs.

added “(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.

added “(iii) Improved career paths and career opportunities for program managers.

added “(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.

added “(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.

added “(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.

added “(3) Application to Department of Defense—This subsection shall not apply to the Department of Defense to the extent that the provisions of this subsection are substantially similar to or duplicative of the provisions of chapter 87 of title 10. For purposes of paragraph (1), the Under Secretary of Defense for Acquisition, Technology, and Logistics (or a designee of the Under Secretary) shall be considered the Program Management Improvement Officer.

added “(b) Program Management Policy Council

added “(1) Establishment—There is established in the Office of Management and Budget a council to be known as the “Program Management Policy Council” (in this subsection referred to as the “Council”).

added “(2) Purpose and Functions—The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall—

added “(A) advise and assist the Deputy Director for Management of the Office of Management and Budget;

added “(B) review programs identified as high risk by the General Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee;

added “(C) discuss topics of importance to the workforce, including—

added “(i) career development and workforce development needs;

added “(ii) policy to support continuous improvement in program and project management; and

added “(iii) major challenges across agencies in managing programs;

added “(D) advise on the development and applicability of standards governmentwide for program management transparency; and

added “(E) review the information published on the website of the Office of Management and Budget pursuant to section 1122.

added “(3) Membership

added “(A) Composition—The Council shall be composed of the following members:

added “(i) Five members from the Office of Management and Budget as follows:

added “(I) The Deputy Director for Management.

added “(II) The Administrator of the Office of Electronic Government.

added “(III) The Administrator of Federal Procurement Policy.

added “(IV) The Controller of the Office of Federal Financial Management.

added “(V) The Director of the Office of Performance and Personnel Management.

added “(ii) The Program Management Improvement Officer from each agency described in section 901(b).

added “(iii) Other individuals as determined appropriate by the Chairperson.

added “(B) Chairperson and Vice Chairperson

added “(i) In General—The Deputy Director for Management of the Office of Management and Budget shall be the Chairperson of the Council. A Vice Chairperson shall be elected by the members and shall serve a term of not more than 1 year.

added “(ii) Duties—The Chairperson shall preside at the meetings of the Council, determine the agenda of the Council, direct the work of the Council, and establish and direct subgroups of the Council as appropriate.

added “(4) Meetings—The Council shall meet not less than twice per fiscal year and may meet at the call of the Chairperson or a majority of the members of the Council.

added “(5) Support—The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson.

added “(6) Committee duration—Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.”

(2)
added Report required— Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with each Program Management Improvement Officer designated under section 1126(a)(1) of title 31, United States Code, shall submit to Congress a report containing the strategy developed under section 1126(a)(2)(B) of such title, as added by paragraph (1).
(c)
added Program and project management personnel standards—
(1)
added Definition— In this subsection, the term agency means each agency described in section 901(b) of title 31, United States Code, other than the Department of Defense.
(2)
added Regulations required— Not later than 180 days after the date on which the standards, policies, and guidelines are issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that—
(A)
added identify key skills and competencies needed for a program and project manager in an agency;
(B)
added establish a new job series, or update and improve an existing job series, for program and project management within an agency; and
(C)
added establish a new career path for program and project managers within an agency.
(d)
added GAO report on effectiveness of policies on program and project management— Not later than 3 years after the date of enactment of this Act, the Government Accountability Office shall issue, in conjunction with the High Risk list of the Government Accountability Office, a report examining the effectiveness of the following on improving Federal program and project management:
(1)
added The standards, policies, and guidelines for program and project management issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1).
(2)
added The 5-year strategic plan established under section 503(c)(1)(H) of title 31, United States Code, as added by subsection (a)(1).
(3)
added Program Management Improvement Officers designated under section 1126(a)(1) of title 31, United States Code, as added by subsection (b)(1).
(4)
added The Program Management Policy Council established under section 1126(b)(1) of title 31, United States Code, as added by subsection (b)(1).

Sec. 1099 Short title

added

added This subtitle may be cited as the “United States Naval Station Guantanamo Bay Preservation Act”.

Sec. 1099A Findings

added

added Congress makes the following findings:

(1)
added United States Naval Station, Guantanamo Bay, Cuba, has been a strategic military asset critical to the defense of the United States and the maintenance of regional security for more than a century.
(2)
added The United States continues to exercise control over the area of United States Naval Station, Guantanamo Bay, Cuba, pursuant to the Guantanamo Lease Agreements, which were initiated and concluded pursuant to an Act of Congress.
(3)
added Senior United States military leaders have consistently voiced strong support for maintaining United States Naval Station, Guantanamo Bay, Cuba, noting its strategic value for military basing and logistics, disaster relief, humanitarian work, terrorist detention, and counter-narcotics purposes.
(4)
added On February 29, 2016, Secretary of Defense Ashton B. Carter, discussing United States Naval Station, Guantanamo Bay, Cuba, stated that “it’s a strategic location, we've had it for a long time, it's important to us and we intend to hold onto it”.
(5)
added On March 12, 2015, Commander of United States Southern Command, General John Kelly, testified that the United States facilities at Naval Station Guantanamo Bay “are indispensable to the Departments of Defense, Homeland Security, and State’s operational and contingency plans. … As the only permanent U.S. military base in Latin America and the Caribbean, its location provides persistent U.S. presence and immediate access to the region, as well as supporting a layered defense to secure the air and maritime approaches to the United States”.
(6)
added In testimony before Congress in 2012, then-Commander of United States Southern Command, General Douglas Fraser, stated that “the strategic capability provided by U.S. Naval Station Guantanamo Bay remains essential for executing national priorities throughout the Caribbean, Latin America, and South America”.
(7)
added Following a 1991 coup in Haiti that prompted a mass exodus of people by boat, United States Naval Station, Guantanamo Bay, Cuba, provided a location for temporary housing and the orderly adjudication of asylum claims outside of the continental United States.
(8)
added In 2010, United States Naval Station, Guantanamo Bay, Cuba, was a critical hub for the provision of humanitarian disaster relief following the devastating earthquakes in Haiti.
(9)
added The United States presence at United States Naval Station, Guantanamo Bay, Cuba, has its origins in Acts of Congress undertaken pursuant to the powers of Congress expressly enumerated in the Constitution of the United States.
(10)
added By joint resolution approved on April 20, 1898, Congress “directed and empowered” the President “to use the entire land and naval forces of the United States” as necessary to ensure that the Government of Spain “relinquish its authority and government in the island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters”.
(11)
added Congress declared war against Spain on April 25, 1898, which lasted until December 10, 1898, when the United States and Spain signed the Treaty of Paris, in which Spain relinquished all claims of sovereignty over Cuba, and United States governance of Cuba was established.
(12)
added Nearly three years later, in the Act of March 2, 1901 (Chapter 803; 31 Stat. 898), Congress granted the President the authority to return “the government and control of the island of Cuba to its people” subject to several express conditions including, in article VII of the Act of March 2, 1901, the sale or lease by Cuba to the United States of lands necessary for naval stations.
(13)
added Pursuant to the authority granted by article VII of the Act of March 2, 1901, the United States negotiated the Guantanamo Lease Agreements, which specified the area of, and United States jurisdiction and control over, what became United States Naval Station, Guantanamo Bay, Cuba.
(14)
added On October 2, 1903, when approving the Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations, signed in Havana on July 2, 1903, President Theodore Roosevelt cited the Act of March 2, 1901, as providing his authority to do so: “I, Theodore Roosevelt, President of the United States of America, having seen and considered the foregoing lease, do hereby approve the same, by virtue of the authority conferred by the seventh of the provisions defining the relations which are to exist between the United States and Cuba, contained in the Act of Congress approved March 2, 1901, entitled “An Act making appropriation for the support of the Army for the fiscal year ending June 30, 1902.””.
(15)
added Obtaining United States naval station rights in Cuba was an express condition of the authority that Congress gave the President to return control and governance of Cuba to the people of Cuba. In exercising that authority and concluding the Guantanamo Lease Agreements, President Theodore Roosevelt recognized the source of that authority as the Act of March 2, 1901.
(16)
added The Treaty of Relations between the United States of America and the Republic of Cuba, signed at Washington, May 29, 1934, did not supersede, abrogate, or modify the Guantanamo Lease Agreements, but noted that the stipulations of those agreements “shall continue in effect” until the United States and Cuba agree to modify them.
(17)
added The Constitution of the United States expressly grants to Congress the power to provide for the common defense of the United States, the power to provide and maintain a Navy, and the power “to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States”.

Sec. 1099B Prohibition on modification, abrogation, or other related actions with respect to United States jurisdiction and control over United States Naval Station, Guantanamo Bay, Cuba, without congressional action

added

added No action may be taken to modify, abrogate, or replace the stipulations, agreements, and commitments contained in the Guantanamo Lease Agreements, or to impair or abandon the jurisdiction and control of the United States over United States Naval Station, Guantanamo Bay, Cuba, unless specifically authorized or otherwise provided by—

(1)
added a statute that is enacted on or after the date of the enactment of this Act;
(2)
added a treaty that is ratified with the advice and consent of the Senate on or after the date of the enactment of this Act; or
(3)
added a modification of the Treaty Between the United States of America and Cuba signed at Washington, DC, on May 29, 1934, that is ratified with the advice and consent of the Senate on or after the date of the enactment of this Act.

Sec. 1099C Guantanamo lease agreements defined

added

added In this subtitle, the term Guantanamo Lease Agreements means—

(1)
added the Agreement Between the United States of America and the Republic of Cuba for the Lease to the United States of Lands in Cuba for coaling and naval stations, signed by the President of the United States on February 23, 1903; and
(2)
added the Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations, signed by the President of the United States on October 2, 1903.

Sec. 1101 Temporary direct hire authority for domestic defense industrial base facilities and the Major Range and Test Facilities Base

(a)
changed Authority— During fiscal years 2017 and 2018, the Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of such title, qualified candidates to positions in the competitive service at any defense industrial base facility or the Major Range and Test Facilities Base.Base or as a military technician (dual status).
(b)
Report— Not later than 60 days after the end of fiscal year 2018, the Secretary of Defense shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate on the use of the authority provided under subsection (a). Such report shall include the total number of individuals appointed under such authority and the effectiveness of such authority in fulfilling the manpower needs of the defense industrial base facilities or the Major Range and Test Facilities Base.
(c)
changed Definition—Definitions— In this section, the term “defense industrial base facility” means any Department of Defense depot, arsenal, or shipyard located within the United States.section—
(1)
added the term “defense industrial base facility” means any Department of Defense depot, arsenal, or shipyard located within the United States; and
(2)
added the term “military technician (dual status)” has the meaning given such term in section 10216 of title 10, United States Code.

Sec. 1112 Report on Department of Defense civilian workforce personnel and contractors

added
(a)
added Findings— Congress finds the following:
(1)
added A large, disproportionate, and duplicative civilian work force coupled with bureaucratic, structural inefficiencies has detracted from the Pentagon’s production of combat power and its ability to modernize.
(2)
added The recent uniformed military drawdown has not been accompanied by an equivalent reduction of either the civilian or contractor work force. Right sizing the civilian workforce must be statutory in number but implemented with executive discretion. Across-the-board cuts to the defense civilian workforce are not the answer.
(3)
added Spending on contract services is over 50 percent of all Department of Defense purchases even as the total defense budget has dropped. Expenditures in services contracting lack appropriate oversight, accountability, and scrutiny.
(b)
added Reports—
(1)
added In general— The Secretary of Defense shall submit a preliminary report within 90 days after the date of the enactment of this Act, and a final report within 180 days after such date, to the congressional defense committees detailing the structure and number of the civilian workforce and contractors of the Department of Defense.
(2)
added Contents— Except as provided in paragraph (3), each report shall include the following for each of fiscal years 2017 through 2020, including a breakdown in location, job function, General Schedule (GS) level, and date of when the job was created for the following individuals:
(A)
added The total number of full time equivalent employees, including each of the following:
(i)
added The total number of Senior Executive Service employees and their assignments.
(ii)
added The total number of civilian employees of the Department of Defense within the military health care system.
(iii)
added The total number of civilian employees of the Department employed at depots, arsenals, and ammunition facilities.
(B)
added The total number of civilian contractors of the Department of Defense, including each of the following:
(i)
added The total number of civilian contractors for weapons acquisitions.
(ii)
added The total number of civilian contractors for services or labor for non-weapon systems acquisitions.
(iii)
added The total number of civilian contractors employed at depots, arsenals, and ammunition facilities.
(3)
added Preliminary report— The preliminary report provided under this subsection—
(A)
added shall cover the contents described in paragraph (2) in as much detail as is ascertainable within 90 days after the date of the enactment of this Act; and
(B)
added shall include an explanation of any impediments to developing a complete and final report by 180 days after such date of enactment.

Sec. 1113 Public-private talent exchange

added
(a)
added Authority— Chapter 81 of title 10, United States Code, as amended by section 1105 of this Act, is further amended by adding at the end the following new section:

added “1599g. Public-private talent exchange

added “(a) Assignment authority—Under regulations prescribed by the Secretary of Defense, the Secretary may, with the agreement of a private-sector organization and the consent of the employee, arrange for the temporary assignment of an employee to such private-sector organization, or from such private-sector organization to a Department of Defense organization under this section.

added “(b) Agreements

added “(1) The Secretary of Defense shall provide for a written agreement among the Department of Defense, the private-sector organization, and the employee concerned regarding the terms and conditions of the employee’s assignment under this section. The agreement—

added “(A) shall require that the employee of the Department of Defense, upon completion of the assignment, will serve in the Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to the length of the assignment; and

added “(B) shall provide that if the employee of the Department of Defense or of the private-sector organization (as the case may be) fails to carry out the agreement, such employee shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense.

added “(2) An amount for which an employee is liable under paragraph (1) shall be treated as a debt due the United States.

added “(3) The Secretary may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee.

added “(c) Termination—An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private-sector organization concerned.

added “(d) Duration—An assignment under this section shall be for a period of not less than 3 months and not more than one year, renewable up to a total of 4 years. No employee of the Department of Defense may be assigned under this section for more than a total of 4 years inclusive of all such assignments.

added “(e) Status of Federal Employees Assigned to Private-Sector Organizations—An employee of the Department of Defense who is assigned to a private-sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular work assignment in the Department for all purposes. The written agreement established under subsection (b)(1) shall address the specific terms and conditions related to the employee’s continued status as a Federal employee.

added “(f) Terms and conditions for private-sector employees—An employee of a private-sector organization who is assigned to a Department of Defense organization under this section—

added “(1) shall continue to receive pay and benefits from the private-sector organization from which such employee is assigned and shall not receive pay or benefits from the Department of Defense, except as provided in paragraph (2);

added “(2) is deemed to be an employee of the Department of Defense for the purposes of—

added “(A) chapters 73 and 81 of title 5;

added “(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;

added “(C) sections 1343, 1344, and 1349(b) of title 31;

added “(D) the Federal Tort Claims Act and any other Federal tort liability statute;

added “(E) the Ethics in Government Act of 1978; and

added “(F) chapter 21 of title 41;

added “(3) shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which such employee is assigned.

added “(g) Prohibition against charging certain costs to the Federal Government—A private-sector organization may not charge the Department of any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department organization under this section for the period of the assignment.

added “(h) Considerations—In carrying out this section, the Secretary of Defense—

added “(1) shall ensure that, of the assignments made under this section each year, at least 20 percent are from small business concerns (as defined by section 3703(e)(2)(A) of title 5);

added “(2) shall take into consideration the question of how assignments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of employees; and

added “(3) shall take into consideration, where applicable, areas of particular private sector expertise, such as cybersecurity.”

(b)
added Table of sections amendment— The table of sections at the beginning of such chapter, as amended by section 1105 of this Act, is further amended by adding at the end the following new item:

Sec. 1207 Sense of Congress regarding an assessment, monitoring, and evaluation framework for security cooperation

added

added It is the sense of Congress that—

(1)
added the Secretary of Defense should develop and maintain an assessment, monitoring, and evaluation framework for security cooperation with foreign countries to ensure accountability and foster implementation of best practices; and
(2)
added such framework—
(A)
added should be consistent with interagency approaches and existing best practices;
(B)
added should be sufficiently resourced and appropriately placed within the Department of Defense to enable the rigorous examination and measurement of security cooperation efforts towards meeting stated objectives and outcomes; and
(C)
added should be used to inform security cooperation planning, policies, and resource decisions as well as ensure the effectiveness and efficiency of security cooperation efforts.

Sec. 1208 Report on the prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights

added
(a)
added Report required— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on its implementation of section 294 of title 10, United States Code (relating to prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights).
(b)
added Matters to be included— The report required under subsection (a) shall contain the following:
(1)
added A detailed description of the policies and procedures governing the manner in which Department of Defense personnel identify and report information on gross violations of human rights and how such information is shared with personnel responsible for implementing the prohibition in subsection (a)(1) of section 294 of title 10, United States Code.
(2)
added The funding expended in fiscal years 2015 and 2016 for purposes of implementing section 294 of title 10, United States Code, including any relevant training of personnel, and a description of the titles, roles, and responsibilities of the personnel responsible for reviewing credible information relating to human rights violations and the personnel responsible for making decisions regarding the implementation of the prohibition in subsection (a)(1) of such section 294.
(3)
added An addendum that includes any findings or recommendations included in any report issued by a Federal Inspector General related to the implementation of section 294 of title 10, United States Code, and, as appropriate, the Department of Defense’s response to such findings or recommendations.
(4)
added Any other matters the Secretary determines is appropriate.
(c)
added Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 1212 Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations

(a)
Extension— Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1212 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1043), is further amended by striking “fiscal year 2016” and inserting “the period beginning on October 1, 2016, and ending on December 31, 2017,”.
(b)
Limitation on amounts available— Subsection (d)(1) of such section, as so amended, is further amended—
(1)
changed in the second sentence, by striking “during fiscal year 2016 may not exceed $1,160,000,000” and inserting “during the period beginning on October 1, 2016, and ending on December 31, 2017, may not exceed $1,100,000,000” ; $1,100,000,000”; and
(2)
in the third sentence, by striking “fiscal year 2016” and inserting “the period beginning on October 1, 2016, and ending on December 31, 2017,”.
(c)
Extension of notice requirement relating to reimbursement of Pakistan for support provided by Pakistan— Section 1232(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended by section 1212(c) of the National Defense Authorization Act for Fiscal Year 2016 (129 Stat. 1043), is further amended by striking “September 30, 2016” and inserting “December 31, 2017”.
(d)
Extension of limitation on reimbursement of Pakistan pending certification on Pakistan— Section 1227(d)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2001), as most recently amended by section 1212(d) of the National Defense Authorization Act for Fiscal Year 2016 (129 Stat. 1043), is further amended by striking “for fiscal year 2016 or any prior fiscal year” and inserting “for any period prior to December 31, 2017” .
(e)
Additional limitation on reimbursement of Pakistan pending certification on Pakistan— Of the total amount of reimbursements and support authorized for Pakistan during the period beginning on October 1, 2016, and ending on December 31, 2017, pursuant to the third sentence of section 1233(d)(1) of the National Defense Authorization Act for Fiscal Year 2008 (as amended by subsection (b)(2)), $450,000,000 shall not be eligible for the waiver under section 1227(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 2001) unless the Secretary of Defense certifies to the congressional defense committees that—
(1)
Pakistan continues to conduct military operations in North Waziristan that are contributing to significantly disrupting the safe haven and freedom of movement of the Haqqani Network in Pakistan;
(2)
changed Pakistan has taken steps to demonstrate its commitment to prevent the Haqqani Network from using North Waziristan as a safe haven; andhaven;
(3)
changed the Government of Pakistan actively coordinates with the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the Afghanistan-Pakistan border.border;
(4)
added Pakistan has shown progress in arresting and prosecuting Haqqani network senior leaders and mid-level operatives; and
(5)
added Pakistan is not using its military or any funds or equipment provided by the United States to persecute minority groups seeking political or religious freedom, including the Balochi, Sindhi, and Hazara ethnic groups and minority religious groups, including Christian, Hindu, and Ahmadiyya Muslim.

Sec. 1216 Special immigrant status for certain Afghans

(a)
Aliens described— Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended to read as follows:

“(I)

changed “(aa) by, or on behalf of, the United States Government, in the case of an alien submitting an application for Chief of Mission approval submitted pursuant to subparagraph (D) before May 31, 2016; the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017; or

changed “(bb) in the case of an alien submitting an application for Chief of Mission approval submitted pursuant to subparagraph (D) on or after May 31, 2016, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, in a capacity that required the alien—

changed “(AA) to serve as an interpreter or translator for personnel of the Department of State or the United States military personnel Agency for International Development in Afghanistan while traveling off-base away from United States embassies or consulates with such personnel; orpersonnel;

changed “(BB) to perform sensitive and trusted activities serve as an interpreter or translator for United States military personnel stationed in Afghanistan; or”Afghanistan while traveling off-base with such personnel; or

added “(CC) to perform sensitive and trusted activities for United States military personnel stationed in Afghanistan; or”

(b)
Numerical limitations— Clauses (i) and (ii) of section 602(b)(3)(F) of such Act are each amended by striking “December 31, 2016;” and inserting “December 31, 2017;”.
(c)
Report— Section 602(b)(14) of such Act is amended—
(1)
by striking “Not later than 60 days after the date of the enactment of this paragraph,” and inserting “Not later than December 31, 2016, and annually thereafter through January 31, 2021,”; and
(2)
in subparagraph (A)(i), by striking “under this section;” and inserting “under subclause (I) or (II)(bb) of paragraph (2)(A)(ii);”.

Sec. 1217 Modification to semiannual report on enhancing security and stability in Afghanistan

added

added Subsection (b) of section 1225 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3550), as amended by section 1213 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1045), is further amended by adding at the end the following:

added “(8) Afghan Personnel and Pay System—A description of the status of the implementation of the Afghan Personnel and Pay System (APPS) at the Afghan Ministry of Interior and the Afghan Ministry of Defense for personnel funds provided through the Afghanistan Security Forces Fund, including a description of the following:

added “(A) The expected completion date of installation and full implementation and utilization of the APPS.

added “(B) If installation of the APPS is complete at one, or both, ministries, the extent to which the APPS is being utilized to distribute personnel funds to the Afghan National Army and Afghan National Police.

added “(C) If installation of the APPS is not complete at one, or both, ministries, or full implementation and utilization of the APPS has not been achieved at one, or both, ministries, an explanation of any delays, any expected obstacles, and any additional support that may be needed for installation or full implementation and utilization.

added “(D) Any examples of intentional delay or obstruction by members of the Government of Afghanistan, to include one, or both, ministries, or any sub-unit thereof, to installing or fully implementing or utilizing the APPS.

added “(E) If the APPS is fully implemented at one, or both, ministries, the identified cost savings to date, due to the elimination of waste, fraud, and abuse at the ministry compared to the previous payroll system. If the APPS is not fully implemented at one, or both, ministries, the expected cost savings due to the elimination of waste, fraud, and abuse at the ministry once the APPS is fully implemented.

added “(F) If the APPS is not fully implemented, what steps the United States and Afghanistan are taking to mitigate waste, fraud, and abuse in the disbursement of personnel funds provided through the Afghanistan Security Forces Fund.”

Sec. 1218 Sense of Congress relating to Dr. Shakil Afridi

added
(a)
added Findings— Congress finds the following:
(1)
added The attacks of September 11, 2001, killed approximately 3,000 people, most of whom were Americans, but also included hundreds of individuals with foreign citizenships, nearly 350 New York Fire Department personnel, and about 50 law enforcement officers.
(2)
added Downed United Airlines flight 93 was reportedly intended, under the control of the al-Qaeda high-jackers, to crash into the White House or the Capitol in an attempt to kill the President of the United States or Members of the United States Congress.
(3)
added The September 11, 2001, attacks were largely planned and carried out by the al-Qaeda terrorist network led by Osama bin Laden and his deputy Ayman al Zawahiri, after which Osama bin Laden enjoyed safe haven in Pakistan from where he continued to plot deadly attacks against the United States and the world.
(4)
added The United States has obligated nearly $30 billion between 2002 and 2014 in United States taxpayer money for security and economic aid to Pakistan.
(5)
added The United States very generously and swiftly responded to the 2005 Kashmir Earthquake in Pakistan with more than $200 million in emergency aid and the support of several United States military aircraft, approximately 1,000 United States military personnel, including medical specialists, thousands of tents, blankets, water containers and a variety of other emergency equipment.
(6)
added The United States again generously and swiftly contributed approximately $150 million in emergency aid to Pakistan following the 2010 Pakistan flood, in addition to the service of nearly twenty United States military helicopters, their flight crews, and other resources to assist the Pakistan Army’s relief efforts.
(7)
added The United States continues to work tirelessly to support Pakistan’s economic development, including millions of dollars allocated towards the development of Pakistan’s energy infrastructure, health services and education system.
(8)
added The United States and Pakistan continue to have many critical shared interests, both economic and security related, which could be the foundation for a positive and mutually beneficial partnership.
(9)
added Dr. Shakil Afridi, a Pakistani physician, is a hero to whom the people of the United States, Pakistan and the world owe a debt of gratitude for his help in finally locating Osama bin Laden before more innocent American, Pakistani and other lives were lost to this terrorist leader.
(10)
added Pakistan, the United States and the international community had failed for nearly 10 years following attacks of September 11, 2001, to locate and bring Osama bin Laden, who continued to kill innocent civilians in the Middle East, Asia, Europe, Africa and the United States, to justice without the help of Dr. Afridi.
(11)
added The Government of Pakistan’s imprisonment of Dr. Afridi presents a serious and growing impediment to the United States’ bilateral relations with Pakistan.
(12)
added The Government of Pakistan has leveled and allowed baseless charges against Dr. Afridi in a politically motivated, spurious legal process.
(13)
added Dr. Afridi is currently imprisoned by the Government of Pakistan, a deplorable and unconscionable situation which calls into question Pakistan’s actual commitment to countering terrorism and undermines the notion that Pakistan is a true ally in the struggle against terrorism.
(b)
added Sense of Congress— It is 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 Report on access to financial records of the Government of Afghanistan to audit the use of funds for assistance for Afghanistan

added

added Not later than December 31, 2017, the Secretary of Defense shall submit to Congress a report 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 to be appropriated by this Act or otherwise made available for fiscal year 2017 for assistance for Afghanistan.

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

(a)
Sense of Congress— It is the sense of Congress that—
(1)
it should be the policy of the United States to support, within the framework of the Iraqi Constitution, the Iraqi Kurdish Peshmerga, the Iraqi Security Forces, and Sunni tribal forces in the fight against the Islamic State of Iraq and the Levant;
(2)
changed recognizing the important role of the Iraqi Kurdish Peshmerga within the military campaign against ISIL in Iraq, the United States should provide arms, training, and appropriate equipment directly to the Kurdistan Regional Government; andGovernment;
(3)
changed efforts should be made to ensure transparency and oversight mechanisms are in place for oversight of United States assistance to combat waste, fraud, and abuse.abuse; and
(4)
added securing safe areas, including the Nineveh Plain, for purposes of resettling and reintegrating ethnic and religious minorities, including victims of genocide, into their homelands, is a critical component of a safe, secure, and sovereign Iraq.
(b)
Authority— Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) is amended by striking “December 31, 2016” and inserting “December 31, 2017”.
(c)
Funding— Subsection (g) of such section, as amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1049), is further amended—
(1)
by striking the first sentence and inserting the following: “Of the amounts authorized to be appropriated in the National Defense Authorization Act for Fiscal Year 2017 for Overseas Contingency Operations in title XV for fiscal year 2017, there are authorized to be appropriated $680,000,000 to carry out this section.”; and
(2)
by striking the second sentence.
(d)
Submission of plan requirement— Subsection (k) of such section is amended to read as follows:

“(k) Submission of plan requirement—Not more than 75 percent of the funds authorized to be appropriated under this section may be obligated or expended until not earlier than 15 days after the date on which the Secretary of Defense, in coordination with the Secretary of State, submits to the appropriate congressional committees a plan to re-take Mosul, Iraq from the Islamic State of Iraq and the Levant (ISIL) and to hold Mosul, Iraq.”

(e)
Briefing and authority to assist directly certain covered groups— Subsection (l) of such section, as so amended, is further amended—
(1)
in the subsection heading, by striking “Assessment” and inserting “Briefing”;
(2)
in paragraph (1)—
(A)
in the paragraph heading, by striking “Assessment” and inserting “Briefing”;
(B)
in subparagraph (A)—
(i)
by striking “National Defense Authorization Act for Fiscal Year 2016” and inserting “National Defense Authorization Act for Fiscal Year 2017”; and
(ii)
by striking “submit to the appropriate congressional committees an assessment of” and inserting “provide to the appropriate congressional committees a briefing that includes an assessment of”;
(C)
in subparagraph (C)—
(i)
by striking “submit to the appropriate congressional committees an update of” and inserting “provide to the appropriate congressional committees a briefing that includes an update of ”; and
(ii)
by striking “the assessment is submitted” and inserting “the briefing is provided”; and
(D)
by striking subparagraph (D);
(3)
in paragraph (2)—
(A)
in subparagraph (A)—
(i)
by striking “If the President” and all that follows through “the Secretary of Defense” and inserting “Of the funds authorized to be appropriated under this section, $50,000,000 shall be available to the Secretary of Defense”;
(ii)
by striking “is authorized”;
(iii)
by striking “assistance” and inserting “stipends and sustainment”; and
(iv)
by adding at the end the following: “Of the funds made available to carry out this subparagraph, not less than 33 percent shall be available for stipends and sustainment for the group described in subparagraph (D)(i).”.
(B)
in subparagraph (C)—
(i)
in the heading, by striking “Cost-sharing” and inserting “Submission of plan”; and
(ii)
by striking “cost-sharing” and inserting “submission of plan”; and
(C)
in subparagraph (D) to read as follows:

“(D) Covered groups—The groups described in this subparagraph are the following groups that are directly engaged in the campaign for Mosul, Iraq:

“(i) The Iraqi Kurdish Peshmerga.

changed “(ii) Sunni tribal security forces, or other local security forces, including ethnic and religious minority groups, with a national security mission.”

(f)
Prohibition on assistance and report on equipment or supplies transferred to or acquired by violent extremist organizations—
(1)
Prohibition— Assistance authorized under section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as so amended, may not be provided to the Government of Iraq after the date that is 90 days after the date of the enactment of this Act unless the Secretary of Defense certifies to the appropriate congressional committees, after the date of the enactment of this Act, that the Government of Iraq has taken such actions as may be reasonably necessary to safeguard against such assistance being transferred to or acquired by violent extremist organizations.
(2)
Briefing—
(A)
Briefing required— Not later than 30 days after the date on which the Secretary of Defense makes any determination that equipment or supplies provided pursuant to section 1236(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as so amended, have been transferred to or acquired by a violent extremist organization, the Secretary shall provide to the appropriate congressional committees a briefing that contains a description of the determination of the Secretary and the transfer to or acquisition by the violent extremist organization.
(B)
Elements— Each briefing under paragraph (1) shall include, with respect to the transfer covered by the report, the following:
(i)
An assessment of the type and quantity of equipment or supplies transferred to the violent extremist organization.
(ii)
A description of the criteria used to determine that the organization is a violent extremist organization.
(iii)
A description, if known, of how the equipment or supplies were transferred to or acquired by the violent extremist organization.
(iv)
If the equipment or supplies are determined to remain under the current control of the violent extremist organization, a description of the organization, including its relationship, if any, to the security forces of the Government of Iraq.
(v)
A description of the end use monitoring or other policies and procedures in place in order to prevent equipment or supplies to be transferred to or acquired by violent extremist organizations.
(3)
Definitions— In this subsection:
(A)
Appropriate congressional committees— The term “appropriate congressional committees” means—
(i)
the congressional defense committees; and
(ii)
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(B)
Violent extremist organization— The term “violent extremist organization” means an organization that—
(i)
is a foreign terrorist organization designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or is associated with a foreign terrorist organization; or
(ii)
is known to be under the command and control of, or is associated with, the Government of Iran.

Sec. 1226 Sense of Congress condemning continuing attacks on medical facilities in Syria

added
(a)
added Findings— Congress finds the following:
(1)
added Attacks intentionally targeting civilians, medical personnel, or medical facilities constitute grave violations of international humanitarian law.
(2)
added In Syria, schools, markets, and hospitals are routinely destroyed in attacks and medical providers routinely targeted for attacks.
(3)
added Physicians for Human Rights has documented at least 350 airstrikes against medical facilities and the deaths of over 700 medical personnel in Syria since 2011.
(4)
added So far in May 2016, there have been at least six attacks on medical facilities in the city of Aleppo alone in less than a week killing dozens, including the last pediatrician still working in Aleppo.
(5)
added These attacks seriously hinder access to medical care and are compounded by ongoing efforts by the Syrian regime to block or limit humanitarian aid to Syrians.
(6)
added Secretary of State John Kerry has condemned these attacks arguing, “there is no justification for this horrific violence that targets civilians or medical facilities or first responders no matter who it is, whether it’s a member of the opposition retaliating or the regime in its brutality against the civilians which has continued for five years.”.
(b)
added Sense of Congress— It is the sense of Congress that—
(1)
added the Department of Defense and all other appropriate United States Government agencies should continue to strongly condemn and call for an immediate end to attacks on medical facilities and medical providers in Syria and work to ensure that doctors can do their job and provide care to the those in need;
(2)
added humanitarian crises in Syria and Iraq, exacerbated by targeted attacks on medical facilities, personnel, and schools, threaten the achievement of United States goals in the region, such as destroying and dismantling the Islamic State in Iraq and the Levant (ISIL) and peace and stability in the region, including Syria;
(3)
added the United States and international community should do more to support medical professionals and medical nonprofit organizations working in Syria, at great risk to their personal well-being, to treat the ill and infirm and ensure some level of medical care for Syrians; and
(4)
added the Department of Defense is strongly encouraged to support, where appropriate, other appropriate United States Government agencies and entities engaged in meeting urgent and increasing humanitarian and medical needs in Syria, especially in areas where medical facilities and providers have been targeted by the Syrian regime, ISIL, or Al-Qaeda.

Sec. 1227 United Nations processing center in Erbil, Iraqi Kurdistan, to assist internationally-displaced communities

added

added The President shall instruct the United States Permanent Representative to the United Nations to use the voice and vote of the United States at the United Nations to seek the establishment of a United Nations processing center in Erbil, Iraqi Kurdistan, to assist internationally-displaced communities.

Sec. 1228 Sense of Congress on business practices of the Islamic State of Iraq and Syria (ISIS)

added
(a)
added Findings— Congress finds the following:
(1)
added For nearly two years, the Islamic State of Iraq and Syria (ISIS) has capitalized on established oil production facilities throughout Iraq and Syria in order to fund its jihadist operations globally.
(2)
added Oil production and sale represent the largest and most vulnerable income factors for ISIS.
(3)
added In 2015, ISIS oil sales brought in over $400,000,000 to prop up the terror group’s operations world-wide.
(4)
added ISIS has executed a robust recruitment scheme to staff and operate the oil facilities within the group’s control and maintained smuggling routes for the sale of that oil.
(5)
added Further disrupting ISIS oil production and sale structures would be minimally invasive but would effectively curtail the terror group’s ability to self-finance.
(b)
added Sense of Congress— It is 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 Prohibition on transfer of man-portable air defense systems to any entity in Syria

added

added None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2017 may be obligated or expended to transfer or facilitate the transfer of man-portable air defense systems (MANPADS) to any entity in Syria.

Sec. 1238 Additional matters in annual report on military and security developments involving the Russian Federation

(a)
Additional matters— Subsection (b) of section 1245 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3566), as amended by section 1248(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1066), is further amended—
(1)
by redesignating paragraph (18) as paragraph (19); and
(2)
by inserting after paragraph (17) the following:

“(18) The current state of Russia’s foreign military deployments, which shall include the following:

“(A) For each such deployment, the estimated number of forces, types of capabilities to include advanced weapons, length of deployment, and where possible identifying basing agreements.

“(B) The following information with respect to such deployments to be disaggregated on a country-by-country basis:

changed “(i) The number of Russian military personnel, including combat troops, military trainers, combat enabling capabilities and border security agents, deployed to the country with the consent of the national or local government. The number and type of transient Russian naval vessels that have utilized ports of the country. Such information should include the length of the basing arrangements arrangements, including the use of ports of such country by transient Russian naval vessels, and the strategic importance of the location.

“(ii) The number of such Russian military personnel deployed in areas where Russian forces entered the country by force or are otherwise deployed over the objections of the national or local government.”

(b)
Effective date— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to reports submitted under section 1245 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 after that date.

Sec. 1242 Modification of annual report on military and security developments involving the People’s Republic of China

(a)
Annual report— Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended by striking “March 1 each year” and inserting “January 31 of each year through January 31, 2021”.
(b)
Matters to be included— Subsection (b) of such section, as most recently amended by section 1252(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3571), is further amended by adding at the end the following:

changed “(21) A summary of the order of battle of the People’s Liberation Army, including anti-ship ballistic missiles, theater ballistic missiles, and land attack cruise missile inventory.”inventory.

added “(22) A description of the People’s Republic of China’s military and nonmilitary activities in the South China Sea.”

(c)
Effective date— The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to reports required to be submitted under subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 on or after that date.

Sec. 1256 Annual report on foreign military sales to Taiwan

added

added Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following:

added “(j) At the end of each fiscal year, the Secretary of Defense shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report that lists each request received from Taiwan and each letter of offer to sell any defense articles or services under this Act to Taiwan during such fiscal year. The report shall be submitted in unclassified form, but may contain a classified annex.”

Sec. 1257 Sense of Congress on July 2016 NATO Summit in Warsaw, Poland

added
(a)
added Findings— Congress finds the following:
(1)
added The North Atlantic Treaty Organization (NATO) has been the cornerstone of transatlantic security cooperation and an enduring instrument for promoting stability in Europe and around the world for over 65 years.
(2)
added NATO currently faces a range of evolving security challenges, including Russian aggression in Eastern Europe, and instability and conflict in the Middle East and North Africa. In the face of these varied challenges, NATO must deter threats and, if necessary, defend NATO member states against adversaries.
(3)
added Since NATO’s 2014 summit in Wales, NATO member states have made progress in implementing a Readiness Action Plan to enhance allied readiness and collective defense in response to Russian aggression. However, much work remains to be done.
(4)
added NATO’s solidarity is strengthened by the bolstering of NATO’s conventional and nuclear deterrence, increased defense spending by NATO member states, and continued enlargement of the Alliance.
(b)
added Sense of Congress— It is the sense of Congress that—
(1)
added at the July 2016 NATO Summit in Warsaw, Poland and beyond, the United States should—
(A)
added welcome Montenegro’s accession to NATO;
(B)
added continue to work with aspirant countries to prepare them for entry into NATO;
(C)
added continue supporting a Membership Action Plan (MAP) for Georgia;
(D)
added encourage the leaders of Macedonia and Greece to find a mutually agreeable solution to the name dispute between the two countries;
(E)
added seek a Dayton II agreement to resolve the constitutional issues of Bosnia and Herzegovina;
(F)
added work with the Republic of Kosovo to prepare the country for entrance into the Partnership for Peace (PfP) program;
(G)
added take a leading role in working with NATO member states to identify, through consensus, the current and future security threats facing the Alliance; and
(H)
added take a leading role to work with other NATO member states to ensure the alliance maintains the required capabilities, including the gains in interoperability from combat in Afghanistan, necessary to meet the security threats to the Alliance;
(2)
added in Warsaw, NATO member states should build upon the progress made since the 2014 Wales Summit, by committing additional resources to NATO’s Readiness Action Plan and related measures to enhance allied readiness and deterrence;
(3)
added NATO member states should review defense spending to ensure sufficient funding is obligated to meet NATO responsibilities, including to allocate at least 2 percent of Gross Domestic Product (GDP) to defense spending, and to devote at least 20 percent of defense spending to defense modernization and new equipment;
(4)
added the United States should commit to maintaining a robust military presence in Europe as a means of promoting allied interoperability, providing visible assurance to NATO allies, and deterring Russian aggression in the region; and
(5)
added the United States reaffirms and remains committed to the policies enumerated by NATO member states in the Deterrence and Defense Posture Review, dated May 20, 2012, and the Wales Summit Declaration of September 2014, including the following statement: “Deterrence, based on an appropriate mix of nuclear, conventional, and missile defence capabilities, remains a core element of our overall strategy.”.

Sec. 1258 Report on violence and cartel activity in Mexico

added

added The Secretary of Defense shall submit to the congressional defense committees a report on violence and cartel activity in Mexico and the impact of such on United States national security.

Sec. 1259 United States policy on Taiwan

added
(a)
added Findings— Congress finds the following:
(1)
added For more than 50 years, the United States and Taiwan have had a unique and close relationship, which has supported the economic, cultural, and strategic advantage to both countries.
(2)
added The United States has vital security and strategic interests in the Taiwan Strait.
(3)
added The Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) has been instrumental in maintaining peace, security, and stability in the Taiwan Strait since its enactment in 1979.
(4)
added The Taiwan Relations Act states that it is the policy of the United States to provide Taiwan with arms of a defensive character and to maintain the capacity of the United States to defend against any forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan.
(b)
added Statement of policy— The Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) forms the cornerstone of United States policy and relations with Taiwan.
(c)
added Report—
(1)
added In general— Not later than February 15, 2017, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report that contains a description of the 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 (Public Law 96–8; 22 U.S.C. 3301 et seq.).
(2)
added Appropriate committees of Congress defined— In this subsection, the term “appropriate committees of Congress” means—
(A)
added the congressional defense committees; and
(B)
added Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

Sec. 1259A Limitation on availability of funds to implement the Arms Trade Treaty

added
(a)
added In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense may be obligated or expended to fund a Secretariat or any other international organization established to support the implementation of the Arms Trade Treaty, to sustain domestic prosecutions based on any charge related to the Treaty, or to implement the Treaty until the Senate approves a resolution of ratification for the Treaty and implementing legislation for the Treaty has been enacted into law.
(b)
added Rule of construction— Nothing in this section shall be construed to preclude the Department of Defense from assisting foreign countries in bringing their laws, regulations, and practices related to export control up to United States standards.

Sec. 1259B Limitation on military contact and cooperation between the United States and Cuba

added
(a)
added Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated or otherwise made available for fiscal year 2017 for the Department of Defense may be used for any bilateral military-to-military contact or cooperation between the Governments of the United States and Cuba until the Secretary of Defense and the Secretary of State, in consultation with the Director of National Intelligence, certify to the appropriate congressional committees that—
(1)
added the Government of Cuba has—
(A)
added met the requirements and satisfied the factors specified in sections 205 and 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6065 and 6066); and
(B)
added resolved, to the full satisfaction of United States law, all outstanding claims and judgments belonging to United States nationals against the Government of Cuba, including but not limited to claims regarding property confiscated by the Government of Cuba;
(2)
added the Cuban military and other security forces in Cuba have ceased committing human right abuses, including arbitrary arrests, beatings, and other acts of repudiation, against those who express opposition to the Castro regime, civil rights activists and other citizens of Cuba, as well as all persecution, intimidation, arrest, imprisonment, and assassination of dissidents and members of faith-based organizations;
(3)
added the Cuban military has ceased providing military intelligence, weapons training, strategic planning, and security logistics to the military and security forces of Venezuela;
(4)
added the Government of Cuba no longer demands that the United States relinquish control of Guantanamo Bay, in violation of an international treaty;
(5)
added the Government of Cuba returns to the United States fugitives wanted by the Department of Justice for crimes committed in the United States; and
(6)
added the officials of the Cuban military that were indicted in the murder of United States citizens during the shoot down of planes operated by the Brothers to the Rescue humanitarian organization in 1996 are brought to justice.
(b)
added Exceptions— The limitation on the use of funds under subsection (a) shall not apply with respect to—
(1)
added payments in furtherance of the lease agreement, or other financial transactions necessary for maintenance and improvements of the military base at Guantanamo Bay, Cuba, including any adjacent areas under the control or possession of the United States;
(2)
added assistance or support in furtherance of democracy-building efforts for Cuba described in section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039); or
(3)
added customary and routine financial transactions necessary for the maintenance, improvements, or regular duties of the United States mission in Havana, including outreach to the pro-democracy opposition.
(c)
added Definitions— In this section:
(1)
added Appropriate Congressional Committees— The term “appropriate congressional committees” means—
(A)
added the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B)
added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(2)
added Bilateral military-to-military contact or cooperation— The term “bilateral military-to-military contact or cooperation”—
(A)
added means—
(i)
added reciprocal visits and meetings by high-ranking delegations;
(ii)
added information sharing, policy consultations, security dialogues or other forms of consultative discussions;
(iii)
added exchange of military instructors, training personnel, and students;
(iv)
added defense planning; and
(v)
added military training or exercises; but
(B)
added does not include any contact or cooperation that is in support of the United States stability operations.
(3)
added Cuban military— The term “Cuban military” means—
(A)
added the Ministry of the Revolutionary Armed Forces of Cuba, the Ministry of the Interior of Cuba, or any subdivision of either such Ministry;
(B)
added any agency, instrumentality, or other entity that is owned, operated, or controlled by an entity specified in subparagraph (A); or
(C)
added an individual who is a senior member of the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba.
(d)
added Effective date— This section takes effect on the date of the enactment of this Act and applies with respect to funds described in subsection (a) that are unobligated as of such date of enactment.

Sec. 1259C Global Engagement Center

added
(a)
added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall establish a Global Engagement Center (in this section referred to as the “Center”). The purposes of the Center are—
(1)
added to lead and coordinate the compilation and examination of information on foreign government information warfare efforts monitored and integrated by the appropriate interagency entities with responsibility for such information, including information provided by recipients of information access fund grants awarded under subsection (f) and other sources;
(2)
added to establish a framework for the integration of critical data and analysis provided by the appropriate interagency entities with responsibility for such information on foreign propaganda and disinformation efforts into the development of national strategy;
(3)
added to develop, plan, and synchronize, in coordination with the Secretary of Defense, and the heads of other relevant Federal departments and agencies, whole-of-government initiatives to expose and counter foreign propaganda and disinformation directed against United States national security interests and proactively advance fact-based narratives that support United States allies and interests;
(4)
added to demonstrate new technologies, methodologies and concepts relevant to the missions of the Center that can be transitioned to other departments or agencies of the United States Government, foreign partners or allies, or other nongovernmental entities;
(5)
added to establish cooperative or liaison relationships with foreign partners and allies in consultation with interagency entities with responsibility for such activities, and other entities, such as academia, nongovernmental organizations, and the private sector; and
(6)
added to identify shortfalls in United States capabilities in any areas relevant to the United States Government’s mission, and recommend necessary enhancements or changes.
(b)
added Functions— The Center shall carry out the following functions:
(1)
added Integrating interagency and international efforts to track and evaluate counterfactual narratives abroad that threaten the national security interests of the United States and United States allies.
(2)
added Integrating, and analyzing relevant information, data, analysis, and analytics from United States Government agencies, allied nations, think tanks, academic institutions, civil society groups, and other nongovernmental organizations.
(3)
added Developing and disseminating fact-based narratives and analysis to counter propaganda and disinformation directed at United States allies and partners.
(4)
added Identifying current and emerging trends in foreign propaganda and disinformation based on the information provided by the appropriate interagency entities with responsibility for such information, including information obtained from print, broadcast, online and social media, support for third-party outlets such as think tanks, political parties, and nongovernmental organizations, and the use of covert or clandestine special operators and agents to influence targeted populations and governments in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign misinformation and disinformation and proactively promote fact-based narratives and policies to audiences outside the United States.
(5)
added Facilitating the use of a wide range of technologies and techniques by sharing expertise among agencies, seeking expertise from external sources, and implementing best practices.
(6)
added Identifying gaps in United States capabilities in areas relevant to the Center’s mission and recommending necessary enhancements or changes.
(7)
added Identifying the countries and populations most susceptible to foreign government propaganda and disinformation based on information provided by appropriate interagency entities.
(8)
added Administering the information access fund established pursuant to subsection (f).
(9)
added Coordinating with allied and partner nations, particularly those frequently targeted by foreign disinformation operations, and international organizations and entities such as the NATO Center of Excellence on Strategic Communications, the European Endowment for Democracy, and the European External Action Service Task Force on Strategic Communications, in order to amplify the Center’s efforts and avoid duplication.
(c)
added Coordinator— The Secretary of State shall appoint a full-time Coordinator to lead the Center.
(d)
added Employees of the Center—
(1)
added Detailees— Any Federal Government employee may be detailed to the Center without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege for a period of not more than three years.
(2)
added Personal service contractors— The Secretary of State may exercise the authority provided under section 3161 of title 5, United States Code, to establish a program (referred to in this subsection as the “Program”) for hiring United States citizens or aliens as personal services contractors for purposes of personnel resources of the Center, if—
(A)
added the Secretary determines that existing personnel resources are insufficient;
(B)
added the period in which services are provided by a personal services contractor under the Program, including options, does not exceed three years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year;
(C)
added not more than 20 United States citizens or aliens are employed as personal services contractors under the Program at any time; and
(D)
added the Program is only used to obtain specialized skills or experience or to respond to urgent needs.
(e)
added Authorization of appropriations— Under “Diplomatic and Consular Programs”, for each of fiscal years 2017 and 2018, $10,000,000 is authorized to be appropriated to the Department of State and may remain available until expended to carry out the functions, duties, and responsibilities of the Center.
(f)
added Information access fund—
(1)
added Authority for grants— The Center is authorized to provide grants or contracts of financial support to civil society groups, journalists, nongovernmental organizations, federally-funded research and development centers, private companies, or academic institutions for the following purposes:
(A)
added To support local independent media who are best placed to refute foreign disinformation and manipulation in their own communities.
(B)
added To collect and store examples in print, online, and social media, disinformation, misinformation, and propaganda directed at the United States and its allies and partners.
(C)
added To analyze and report on tactics, techniques, and procedures of foreign government information warfare with respect to disinformation, misinformation, and propaganda.
(D)
added To support efforts by the Center to counter efforts by foreign governments to use disinformation, misinformation, and propaganda to influence the policies and social and political stability of the United States and United States allies and partners.
(2)
added Funding availability and limitations— The Secretary of State shall provide that each organization that applies to receive funds under this subsection undergoes a vetting process in accordance with the relevant existing regulations to ensure its bona fides, capability, and experience, and its compatibility with United States interests and objectives.
(g)
added Limitation— None of the funds authorized to be appropriated by the Act to carry out this section shall be used for purposes other than countering foreign propaganda and misinformation that threatens United States national security.
(h)
added Termination of center— The Center shall terminate on the date that is 5 years after the date of the enactment of this Act.

Sec. 1259D Establishment of the Broadcasting Board of Governors Chief Executive Officer Position

added

added The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.; Public Law 103–236) is amended—

(1)
added by amending section 304 (22 U.S.C. 6203) to read as follows:

added “304. Establishment of the Chief Executive Officer of the Broadcasting Board of Governors

added “(a) Continued existence within executive branch—The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United States Code.

added “(b) Chief Executive Officer

added “(1) In general—The head of the Broadcasting Board of Governors shall be a Chief Executive Officer, who shall be appointed by the President, by and with the advice and consent of the Senate. The President shall nominate the Chief Executive Officer not later than 60 days after the date of the enactment of this section. Until such time as a Chief Executive Officer is appointed and has qualified, the current or acting Chief Executive Officer appointed by the Board may continue to serve and exercise the authorities and powers under this Act.

added “(2) Term—The first Chief Executive Officer appointed pursuant to paragraph (1) shall serve for an initial term of three years.

added “(3) Compensation—A Chief Executive Officer appointed pursuant to paragraph (1) shall be compensated at the annual rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code.

added “(c) Termination of Director of International Broadcasting Bureau—Immediately upon appointment of the Chief Executive Officer under subsection (b), the Director of the International Broadcasting Bureau shall be terminated, and all of the responsibilities, authorities, and immunities of the Director or the Board under this or any other Act or authority before the date of the enactment of this section shall be transferred to and assumed or overseen by the Chief Executive Officer, as head of the agency.

added “(d) Members of the Broadcasting Board of Governors—Members of the Broadcasting Board of Governors in office as of the date of the enactment of this section may serve the remainder of their terms of office in an advisory capacity, but such terms may not be extended beyond the date on which such terms are set to expire.

added “(e) Immunity from civil liability—Notwithstanding any other provision of law, all limitations on liability that apply to the Chief Executive Officer shall also apply to members of the board of directors of RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, or any organization that consolidates such entities when such members are acting in their official capacities.”

(2)
added in section 305 (22 U.S.C. 6204)—
(A)
added in subsection (a)—
(i)
added by striking “Board” each place it appears and inserting “Chief Executive Officer”;
(ii)
added in paragraph (1), by inserting “direct and” before “supervise”;
(iii)
added in paragraph (5)—
(I)
added by inserting “and cooperative agreements” after “grants”; and
(II)
added by striking “sections 308 and 309” and inserting “this Act, and on behalf of other agencies, accordingly”;
(iv)
added in paragraph (6), by striking “subject to the limitations in sections 308 and 309 and”;
(v)
added in paragraph (11), by inserting “not” before “subject”;
(vi)
added in paragraph (15)(A), by striking—
(I)
added “temporary and intermittent”; and
(II)
added “to the same extent as is authorized by section 3109 of title 5, United States Code,”; and
(vii)
added by adding at the end the following new paragraphs:

added “(20) Notwithstanding any other provision of law, including section 308(a), to condition, if appropriate, any grant or cooperative agreement to RFE/RL, Inc., Radio Free Asia, and the Middle East Broadcasting Networks on authority to determine membership of their respective boards, and the consolidation of such entities into a single grantee organization.

added “(21) To redirect funds within the scope of any grant or cooperative agreement, or between grantees, as necessary, and to condition grants or cooperative agreements, if appropriate, on similar amendments as authorized under section 308(a) to meet the purposes of this Act.

added “(22) To change the name of the Board pursuant to congressional notification 60 days prior to any such change.”

(B)
added by striking subsections (b) and (c); and
(C)
added by redesignating subsection (d) as subsection (b).

Sec. 1259E United States International Broadcasting Act of 1994

added

added The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.; Public Law 103–236) is amended—

(1)
added in section 306 (22 U.S.C. 6205)—
(A)
added in subsection (a)—
(i)
added by striking the heading; and
(ii)
added by striking “Board” each place it appears and inserting “Agency”; and
(B)
added by striking subsection (b);
(2)
added by striking section 307 (22 U.S.C. 6206); and
(3)
added by inserting after section 309 the following new sections:

added “310. Broadcast entities reporting to Chief Executive Officer

added “(a) Grantee organizations—Notwithstanding any other provision of law, the following provisions shall apply:

added “(1) Consolidation—The Chief Executive Officer, subject to the regular notification procedures of the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, who is authorized to incorporate a grantee, may condition annual grants to RFE/RL, Inc., Radio Free Asia, and the Middle East Broadcasting Networks on the consolidation of such grantees into a single, consolidated private, non-profit corporation (in accordance with section 501(c)(3) of the Internal Revenue Code and exempt from tax under section 501(a) of such Code), which may broadcast and provide news and information to audiences wherever the Agency may broadcast, for activities that the Chief Executive Officer determines are consistent with the purposes of this Act, including the terms and conditions of subsections (g)(5), (h), (i), and (j) of section 308, except that the Agency may select any name for such a consolidated grantee.

added “(2) Federal status—Nothing in this or any other Act, or any action taken pursuant to this or any other Act, may be construed to make such a consolidated grantee described in paragraph (1) or RFE/RL, Inc., Radio Free Asia, or the Middle East Broadcasting Networks or any other grantee or entity provided funding by the Agency a Federal agency or instrumentality. Employees or staff of such grantees or entities shall not be considered Federal employees. For purposes of this subsection and this Act, the term “grant” includes agreements under section 6305 of title 31, United States Code, and the term “grantee” includes recipients of such agreements.

added “(3) Leadership of grantee organizations—Officers of RFE/RL Inc., Radio Free Asia, and the Middle East Broadcasting Networks or any organization that is established through the consolidation of such entities, or authorized under this Act, shall serve at the pleasure of the Chief Executive Officer of the Agency.

added “(b) Voice of America

added “(1) Status as a Federal entity—The Chief Executive Officer is authorized 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. The Chief Executive Officer may make and supervise grants or cooperative agreements to such grantee, including under terms and conditions and in any manner authorized under section 305(a). Such grantee shall not be considered a Federal agency or instrumentality and shall adhere to the same standards of professionalism and accountability required of all Board broadcasters and grantees. The Board is authorized to transfer any facilities or equipment to such grantee, and to utilize the provisions of subchapter VI of chapter 33 of title 5, United States Code.

added “(2) Sense of Congress—It is the sense of the Congress that the Voice of America, operating as a nonprofit organization, should have the mission to—

added “(A) serve as a consistently reliable and authoritative source of news on the United States, its policies, its people, and the international developments that affect the United States;

added “(B) provide accurate, objective, and comprehensive information, with the understanding that these three values provide credibility among global news audiences;

added “(C) present the official policies of the United States, and related discussions and opinions about those policies, clearly and effectively; and

added “(D) represent the whole of the United States, and shall accordingly work to produce programming and content that presents a balanced and comprehensive projection of the diversity of thought and institutions of the United States.

added “311. Inspector General authorities

added “(a) In general—The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the Broadcasting Board of Governors and the International Broadcasting Bureau as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the Foreign Service Act of 1980 with respect to the Department of State.

added “(b) Respect for journalistic integrity of broadcasters—The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.”

Sec. 1259F Redesignation and enhancement of South China Sea Initiative

added
(a)
added Sense of Congress— It is the sense of the Congress that the United States should continue supporting the efforts to the Southeast Asian nations to strengthen their maritime security capacity, domain awareness, and integration of their capabilities.
(b)
added Redesignation as Southeast Asia Maritime Security Initiative— Subsection (a)(2) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1073; 10 U.S.C. 2282 note) is amended by striking “the “South China Sea Initiative”” and inserting “the “Southeast Asia Maritime Security Initiative””.
(c)
added Conforming amendment— The heading of such section is amended to read as follows:

added “1263. Southeast Asia Maritime Security Initiative”

Sec. 1259G Opportunities to equip certain foreign military entities

added

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of State, shall submit to Congress a report that describes—

(1)
added efforts to make United States manufacturers aware of opportunities to equip foreign military entities that have been approved to receive assistance from the United States; and
(2)
added any new plans or strategies to raise United States manufacturers’ awareness with respect to such opportunities.

Sec. 1259H Reports on INF Treaty and Open Skies Treaty

added
(a)
added Reports— Not later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to the appropriate congressional committees the following reports:
(1)
added A report on the Open Skies Treaty containing—
(A)
added an assessment, conducted by the Chairman jointly with the Secretary of Defense and the Secretary of State, of whether and why, the Treaty remains in the national security interest of the United States, including if there are compliance concerns related to implementation by the Russian Federation of the Treaty;
(B)
added a specific plan by the Chairman jointly with the Secretary of Defense and the Secretary of State on remedying any such compliance concerns; and
(C)
added a military assessment conducted by the Chairman of such compliance concerns.
(2)
added A report on the INF Treaty containing—
(A)
added an assessment, conducted by the Chairman jointly with the Secretary of Defense and the Secretary of State, of whether and why, the Treaty remains in the national security interest of the United States, including how any ongoing violation bear on the assessment if such a violation is not resolved in the near-term;
(B)
added a specific plan by the Chairman jointly with the Secretary of Defense and the Secretary of State to remedy violation by the Russian Federation of the Treaty, and a judgment of whether Russia intends to take the steps required to establish verifiable evidence that Russia has resumed its compliance with the Treaty if such non-compliance and inconsistencies are not resolved by the date of the enactment of this Act; and
(C)
added a military assessment conducted by the Chairman of the risks posed by Russia’s violation of the Treaty.
(b)
added Update— Not later than February 15, 2018, the Chairman, the Secretary of Defense, and the Secretary of State shall jointly submit to the appropriate congressional committees an update to each report under subsection (a).
(c)
added Definitions— In this section:
(1)
added The term “appropriate congressional committees” means—
(A)
added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B)
added the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2)
added The term “INF Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate- Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988.
(3)
added The term “Open Skies Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.

Sec. 1259I Sense of Congress regarding the role of the United States in the North Atlantic Treaty Organization

added

added It is the sense of Congress that continued United States leadership in the North Atlantic Treaty Organization is critical to the national security of the United States.

Sec. 1259J Authorization of United States assistance to Israel

added
(a)
added In general— The President is authorized to provide assistance to Israel to improve maritime security and maritime domain awareness.
(b)
added Activities supported— Activities that may be supported by assistance under subsection (a) include the following:
(1)
added Procurement, maintenance, and sustainment of the David’s Sling Weapon System for purposes of intercepting short-range missiles.
(2)
added Payment of incremental expenses of Israel that are incurred by Israel as the direct result of participation in a bilateral or multilateral exercise of the United States Navy or Coast Guard.
(3)
added Visits of United States naval vessels at ports of Israel.
(4)
added Conduct of joint research and development for advanced maritime domain awareness capabilities.
(c)
added Sunset— This section shall terminate on the date that is 5 years after the date of the enactment of this Act.

Sec. 1259K Sense of Congress in support of a denuclearized Korean peninsula

added

added It is the sense of Congress that United States foreign policy should support a denuclearized Korean peninsula.

Sec. 1259L Measures against persons involved in activities that violate arms control treaties or agreements with the United States

added
(a)
added Imposition of measures—
(1)
added In general— Except as provided in subsection (c), on and after the date that is 90 days after the date of the enactment of this Act, the President shall impose the measures described in subsection (b) with respect to—
(A)
added a person the President determines—
(i)
added
(I)
added is an individual who is a citizen, national, or permanent resident of a country described in paragraph (2); or
(II)
added is an entity organized under the laws of a country described in paragraph (2); and
(ii)
added has engaged in any activity that contributed to or is a significant factor in the President’s or the Secretary of State’s determination that such country is not in full compliance with its obligations as further described in paragraph (2); and
(B)
added a person the President determines has provided material support to a person described in subparagraph (A).
(2)
added Country described— A country described in this paragraph is a country that the President or the Secretary of State has determined, in the most recent annual report submitted to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a), is not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state.
(b)
added Measures described—
(1)
added In general— The measures to be imposed with respect to a person under subsection (a) are the head of any executive agency (as defined in section 133 of title 41, United States Code) may not enter into, renew, or extend a contract for the procurement of goods or services with the person.
(2)
added Exception for major routes of supply— The requirement to impose measures under paragraph (1) shall not apply with respect to any contract for the procurement of goods or services along a major route of supply to a zone of active combat or major contingency operation.
(3)
added Requirement to revise regulations—
(A)
added In general— Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be revised to implement paragraph (1)(B).
(B)
added Certifications— The revisions to the Federal Acquisition Regulation under subparagraph (A) shall include a requirement for a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity described in subsection (a)(1)(A)(ii).
(C)
added Remedies— If the head of an executive agency determines that a person has submitted a false certification under subparagraph (B) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this paragraph becomes effective—
(i)
added the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years;
(ii)
added any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations; and
(iii)
added the Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (B).
(4)
added United States person defined— In this subsection, the term “United States person” means—
(A)
added a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); and
(B)
added an entity that is organized under the laws of the United States or any State.
(c)
added Waiver—
(1)
added In general— The President may waive the application of measures on a case-by-case basis under subsection (a) with respect to a person if the President—
(A)
added determines that—
(i)
added
(I)
added in the case of a person described in subsection (a)(1)(A), the person did not knowingly engage in any activity described in such subsection; or
(II)
added in the case of a person described in subsection (a)(1)(B), the person conducted or facilitated a transaction or transactions with, or provided financial services to, a person described in subsection (a)(1)(A) that did not knowingly engage in any activity described in such subsection; and
(ii)
added the waiver is in the national security interest of the United States; and
(B)
added submits to the appropriate congressional committees a report on the determination and the reasons for the determination.
(2)
added Form of report— The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.
(3)
added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
(A)
added the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(B)
added the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(d)
added Termination— The measures imposed with respect to a person under subsection (a) shall terminate on the date on which the President submits to Congress a subsequent annual report pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a) that does not contain a determination of the President that the country described in subsection (a)(2) with respect to which the measures were imposed with respect to the person is a country that is not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state.

Sec. 1259M Department of Defense report on cooperation between Iran and the Russian Federation

added
(a)
added Report required— The Secretary of Defense and the Secretary of State shall jointly submit to Congress a report on cooperation between Iran and the Russian Federation and how and to what extent such cooperation affects United States national security and strategic interests.
(b)
added Matters to be included— The report required by subsection (a) shall include the following:
(1)
added How and to what extent Iran and the Russian Federation cooperate on matters relating to Iran’s space program, including how and to what extent such cooperation strengthens Iran’s ballistic missile program.
(2)
added How and to what extent Iran’s interests and actions and the Russian Federation’s interests and actions overlap with respect to Latin America.
(3)
added A description and analysis of the intelligence-sharing center established by Iran, the Russian Federation, and Syria in Baghdad, Iraq and whether such center is being used for purposes other than the purposes of the joint mission of such countries in Syria.
(4)
added A description and analysis of—
(A)
added naval cooperation between Iran and the Russian Federation, including joint naval exercises between the two countries; and
(B)
added the implications of—
(i)
added an increased Russian Federation naval presence in the Eastern Mediterranean; and
(ii)
added an Iranian naval presence in the Persian Gulf.
(5)
added A description of the increased cooperation between Iran and the Russian Federation since the start of the current conflict in Syria.
(6)
added The steps Iran has taken to adopt the Russian Federation model of hybrid warfare against potential targets such as Gulf Cooperation Council states with sizeable Shiite populations.
(7)
added The extent of Russian Federation cooperation with Hezbollah in Syria, Lebanon, and Iraq, including cooperation with respect to training and equipping and joint operations.
(8)
added A description of the weapons that have been provided by the Russian Federation to Iran that have violated relevant United Nations Security Council resolutions imposing an arms embargo on Iran.
(c)
added Submission period— The report required by subsection (a) shall be submitted not later than 120 days after the date of the enactment of this Act, and annually thereafter, for such period of time as the Joint Comprehensive Plan of Act remains in effect.
(d)
added Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

Sec. 1259N Report on maintenance by Israel of a robust independent capability to remove existential security threats

added
(a)
added Findings— Congress makes the following findings:
(1)
added The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense.
(2)
added The United States-Israel Enhanced Security Cooperation Act of 2012 expresses the sense of Congress that the Government of the United States should transfer to the Government of Israel defense articles and defense services.
(3)
added The inherent right of Israel to self-defense necessarily includes the ability to defend against threats to its security and defend its vital national interests.
(b)
added Sense of Congress— It is the sense of Congress that Israel should be able to defend its vital national interests and protect its territory and population against existential threats.
(c)
added Report—
(1)
added In general— Not later than 180 days after the date of the enactment of this Act, the President shall submit to the specified congressional committees a report that—
(A)
added identifies defensive capabilities and platforms requested by the Government of Israel that would contribute to maintenance of Israel’s defensive capability against threats to its territory and population, including nuclear and ballistic missile facilities in Iran, and defend its vital national interests;
(B)
added assesses the availability for sale or transfer of items requested by the Government of Israel to maintain the capability described in subparagraph (A), including the legal authorities available for making such transfers; and
(C)
added describes what steps the President is taking to transfer the items described in subparagraph (B) for Israel to maintain the capability described in subparagraph (A).
(2)
added Form— The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(3)
added Definition— In this subsection, the term “specified congressional committees” means—
(A)
added the congressional defense committees; and
(B)
added the Committee on Foreign Relations of the Senate and the Committee of Foreign Affairs of the House of Representatives.

Sec. 1259O Report on use by the Government of Iran of commercial aircraft and related services for illicit military or other activities

added
(a)
added Report— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President, in consultation with the Secretary of Defense and the Secretary of State, shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on use by the Government of Iran of commercial aircraft and related services for illicit military or other activities during the 5-year period ending of such date of enactment.
(b)
added Elements of report— The report required under subsection (a) shall include a description of the extent to which—
(1)
added the Government of Iran has used commercial aircraft or related services to transport illicit cargo to or from Iran, including military goods, weapons, military personnel, military-related electronic parts and mechanical equipment, and rocket or missile components;
(2)
added the commercial aviation sector of Iran has provided financial, material, and technological support to the Islamic Revolutionary Guard Corps (IRGC); and
(3)
added foreign governments and persons have facilitated the activities described in paragraph (1), including allowing the use of airports, services, or other resources.

Sec. 1259P Authority to grant observer status to the military forces of Taiwan at RIMPAC exercises

added
(a)
added In general— The Secretary of Defense is authorized to grant observer status to the military forces of Taiwan in any maritime exercise known as the Rim of the Pacific Exercise.
(b)
added Effective date— This section takes effect on the date of the enactment of this Act and applies with respect to any maritime exercise described in subsection (a) that begins on or after such date of enactment.

Sec. 1259Q Agreements with foreign governments to develop land-based water resources in support of and in preparation for contingency operations

added

added The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to enter into agreements with the governments of foreign countries to develop land-based water resources in support of and in preparation for contingency operations, including water selection, pumping, purification, storage, distribution, cooling, consumption, water reuse, water source intelligence, research and development, training, acquisition of water support equipment, and water support operations.

Sec. 1259R Extension of reporting requirements on the use of certain Iranian seaports by foreign vessels and use of foreign airports by sanctioned Iranian air carriers

added

added Section 1252(a) of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8808(a)) is amended in the matter preceding paragraph (1) by striking “2016” and inserting “2019”.

Sec. 1259S Notification and assessment of ballistic missile launch by Iran

added
(a)
added Notification— The President shall notify Congress 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.
(b)
added Assessment—
(1)
added In general— The President shall initiate an assessment within 48 hours of providing the notification described in subsection (a) to determine whether a missile launch, including a test, described in subsection (a) took place.
(2)
added Determination and notification— Not later than 15 days after the date on which an assessment is initiated under paragraph (1), the President shall determine whether Iran engaged in a launch described in subsection (a) and shall notify Congress of the basis for any such determination.
(3)
added Affirmative determination— If the President determines under paragraph (2) that a launch described in subsection (a) took place, the President shall further notify Congress of the following:
(A)
added An identification of entities involved in the launch.
(B)
added A description of steps the President will take in response to the launch, including—
(i)
added imposing unilateral sanctions pursuant to Executive Order 13382 (2005) or other relevant authorities against such entities; or
(ii)
added carrying out diplomatic efforts to impose multilateral sanctions against such entities, including through adoption of a United Nations Security Council resolution.

Sec. 1259T Sense of Congress on integrated ballistic missile defense system for GCC partner countries, Jordan, Egypt, and Israel

added
(a)
added Findings— Congress finds that—
(1)
added Iran has conducted numerous ballistic missile tests; and
(2)
added such tests are in violation of United Nations Security Council Resolution 2231 and unnecessarily provoke Gulf Cooperation Council (GCC) partner countries and threaten Israel.
(b)
added Sense of Congress— It is the sense of Congress that the United States should encourage and enable as appropriate an integrated ballistic missile defense system that links GCC partner countries, Jordan, Egypt, and Israel in order assist in preventing an attack by Iran against such countries.

Sec. 1259U Authority to provide assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, Arabian Sea, or Mediterranean Sea

added
(a)
added Purpose— The purpose of this section is to authorize 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.
(b)
added Authority—
(1)
added In general— To carry out the purpose of this section as described in subsection (a), the Secretary of Defense, with the concurrence of the Secretary of State, is authorized—
(A)
added to provide training to the national military or other security forces of Israel, Bahrain, Saudi Arabia, the United Arab Emirates, Oman, Kuwait, and Qatar that have among their functional responsibilities maritime security missions; and
(B)
added to provide training to ministry, agency, and headquarters level organizations for such forces.
(2)
added Designation— The provision of assistance and training under this section may be referred to as the “Counter Iran Maritime Initiative”.
(c)
added Types of training—
(1)
added Authorized elements of training— Training provided under subsection (b)(1)(A) may include the provision of de minimis equipment, supplies, and small-scale military construction.
(2)
added Required elements of training— Training provided under subsection (b) shall include elements that promote the following:
(A)
added Observance of and respect for human rights and fundamental freedoms.
(B)
added Respect for legitimate civilian authority within the country to which the assistance is provided.
(d)
added Availability of funds— Of the amount authorized to be appropriated for fiscal year 2017 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the provision of assistance and training under subsection (b).
(e)
added Cost sharing—
(1)
added Sense of Congress— It is the sense of Congress that, given income parity among recipient countries, the Secretary of Defense, with the concurrence of the Secretary of State, should seek, through appropriate bilateral and multilateral arrangements, payments sufficient in amount to offset any training costs associated with implementation of subsection (b).
(2)
added Cost-sharing agreement— The Secretary of Defense, with the concurrence of the Secretary of State, shall negotiate a cost-sharing agreement with a recipient country regarding the cost of any training provided pursuant to section (b). The agreement shall set forth the terms of cost sharing that the Secretary of Defense determines are necessary and appropriate, but such terms shall not be less than 50 percent of the overall cost of the training.
(3)
added Credit to appropriations— The portion of such cost-sharing received by the Secretary of Defense pursuant to this subsection may be credited towards appropriations available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301.
(f)
added Notice to Congress on training— Not later than 15 days before exercising the authority under subsection (b) with respect to a recipient country, the Secretary of Defense shall submit to the appropriate congressional committees a notification containing the following:
(1)
added An identification of the recipient country.
(2)
added A detailed justification of the program for the provision of the training concerned, and its relationship to United States security interests.
(3)
added The budget for the program, including a timetable of planned expenditures of funds to implement the program, an implementation time-line for the program with milestones (including anticipated delivery schedules for any assistance and training under the program), the military department or component responsible for management of the program, and the anticipated completion date for the program.
(4)
added A description of the arrangements, if any, to support recipient country sustainment of any capability developed pursuant to the program, and the source of funds to support sustainment efforts and performance outcomes to be achieved under the program beyond its completion date, if applicable.
(5)
added A description of the program objectives and an assessment framework to be used to develop capability and performance metrics associated with operational outcomes for the recipient force.
(6)
added Such other matters as the Secretary considers appropriate.
(g)
added Definition— In this section, the term “appropriate congressional committees” means—
(1)
added the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2)
added the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(h)
added Termination— Assistance and training may not be provided under this section after September 30, 2020.

Sec. 1259V Sense of Congress on military relations between Vietnam and the United States

added
(a)
added Findings— Congress finds the following:
(1)
added The United States and Vietnam signed a Joint Vision Statement on Defense Relations on June 1, 2015.
(2)
added In October 2014, the Administration partially relaxed United States restrictions on the transfer of lethal weapons to Vietnam.
(3)
added In 2014, the United States provided $18,000,000 in maritime security assistance to Vietnam.
(4)
added According to Reporters Without Borders, Vietnam ranks 175 out of 180 countries in press freedom, as the Government of Vietnam continues to persecute citizens for practicing the freedom of speech and expression.
(b)
added Sense of Congress— It is the sense of Congress that—
(1)
added the United States Government should review its policy on the transfer of lethal weapons to Vietnam; and
(2)
added the United States Government should evaluate certain human rights benchmarks when providing military assistance to Vietnam.

Sec. 1259W Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin

added
(a)
added Sense of congress— Congress—
(1)
added strongly condemns the ongoing violence and the systematic gross human rights violations against the people of Nigeria and the Lake Chad Basin carried out by Boko Haram;
(2)
added expresses its support for the people of Nigeria and the Lake Chad Basin who wish to live in a peaceful, economically prosperous, and democratic region; and
(3)
added calls on the President to support Nigerian, Lake Chad Basin, and International Community efforts to ensure accountability for crimes against humanity committed by Boko Haram against the people of Nigeria and the Lake Chad Basin, particularly young girls kidnapped from Chibok and other internally displaced persons affected by the actions of Boko Haram.
(b)
added Report—
(1)
added In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Attorney General shall jointly submit to Congress a report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.
(2)
added Elements— The report required under paragraph (1) shall include the following elements:
(A)
added A description of initiatives undertaken by the Department of Defense to assist the Government of Nigeria and countries in the Lake Chad Basin to develop capacities to deploy special forces to combat Boko Haram.
(B)
added A description of United States’ activities to enhance the capacity of Nigeria and countries in the Lake Chad Basin to investigate and prosecute human rights violations perpetrated against the people of Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda affiliates, and other terrorist organizations to promote respect for rule of law in Nigeria and the Lake Chad Basin.

Sec. 1262 Enhancing defense and security cooperation with India

added
(a)
added Required actions—
(1)
added In general— The Secretary of Defense and Secretary of State shall jointly take such actions as may be necessary to—
(A)
added recognize India’s status as a major defense partner of the United States;
(B)
added designate an individual within the Executive branch who has experience in defense acquisition and technology—
(i)
added to reinforce and ensure, through interagency policy coordination, the success of the Framework for the United States-India Defense Relationship; and
(ii)
added to help resolve remaining issues impeding United States-India defense trade, security cooperation, and co-production and co-development opportunities;
(C)
added approve and facilitate the transfer of advanced technology, consistent with United States conventional arms transfer policy, to support combined military planning with the Indian military for missions such as humanitarian assistance and disaster relief, counter piracy, and maritime domain awareness missions;
(D)
added strengthen the effectiveness of the DTTI and the durability of the Department of Defense’s “India Rapid Reaction Cell”;
(E)
added collaborate with the Government of India to develop mutually agreeable mechanisms to verify the security of defense articles and related technology, such as appropriate cyber security and end use monitoring arrangements, consistent with United States export control laws and policy;
(F)
added promote policies that will encourage the efficient review and authorization of defense sales and exports to India;
(G)
added encourage greater government-to-government and commercial military transactions between the United States and India;
(H)
added support the development and alignment of India’s export control and procurement regimes with those of the United States and multilateral control regimes; and
(I)
added continue to enhance defense and security cooperation with India in order to advance United States interests in the South Asia and greater Indo-Pacific regions.
(2)
added Report— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and Secretary of State shall jointly submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on how the United States is supporting its defense relationship with India in relation to the actions described in paragraph (1).
(b)
added Military planning— The Secretary of Defense is encouraged to coordinate with the Ministry of Defense for the Government of India to develop combined military plans for missions such as humanitarian assistance and disaster relief, maritime domain awareness, and other missions in the national security interests of both countries.
(c)
added Assessment required—
(1)
added In general— The Secretary of Defense and Secretary of State shall jointly, on an annual basis, conduct an assessment of the extent to which India possesses strategic operational capabilities to support military operations of mutual interest between the United States and India.
(2)
added Use of assessment— The President shall ensure that the assessment described in paragraph (1) is used, consistent with United States conventional arms transfer policy, to inform the review by the United States of sales of defense articles and services to the Government of India.
(3)
added Form— The assessment described in paragraph (1) shall, to the maximum extent practicable, be in classified form.

Sec. 1412 Revisions to the Strategic and Critical Materials Stock Piling Act

(a)
Materials constituting the national defense stockpile— Section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended—
(1)
in subsection (b), by striking “required for” and inserting “suitable for transfer to or disposal through”; and
(2)
in subsection (c)—
(A)
by striking “(1)” and all that follows through “(2)”; and
(B)
by striking “this subsection” and inserting “subsection (b)”.
(b)
changed Qualification of domestic sources— Section 15(a) of such Act (50 U.S.C. 98h- 6(a)) 98h–6(a)) is amended—
(1)
by striking “and” at the end of paragraph (1);
(2)
by striking the period at the end of paragraph (2) and inserting a semicolon; and
(3)
by adding at the end the following new paragraphs:

“(3) by qualifying existing domestic facilities and domestically produced strategic and critical materials to meet the requirements of defense and essential civilian industries in times of national emergencies when existing domestic sources of supply are either insufficient or vulnerable to single points of failure; and

“(4) by contracting with domestic facilities to recycle strategic and critical materials, thereby increasing domestic supplies when those materials would otherwise be insufficient to support defense and essential civilian industries in times of national emergencies.”

Sec. 1504 Operation and maintenance

(a)
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal year 2017 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in—
(1)
the funding table in section 4302, or
(2)
the funding table in section 4303.
(b)
Period of availability— Amounts specified in the funding table in section 4302 shall remain available for obligation only until April 30, 2017, at a rate for operations as provided in the Department of Defense Appropriations Act, 2016 (division C of Public Law 114–113).
(c)
added Condition on use of funds for Syria Train and Equip programs— Amounts authorized to be appropriated by this section for the Syria Train and Equip programs, as specified in the funding table in section 4302, may not be provided to any recipient that the Secretary of Defense has reported, pursuant to a quarterly progress report submitted pursuant to section 1209 of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541), as having misused provided training and equipment.

Sec. 1523 Codification of Office of Management and Budget criteria

added

added The Secretary of Defense shall implement the following criteria in requests for overseas contingency operations:

(1)
added Geographic Area Covered – For theater of operations for non-classified war overseas contingency operations funding, the geographic areas in which combat or direct combat support operations occur are: Iraq, Afghanistan, Pakistan, Kazakhstan, Tajikistan, Kyrhyzstan, the Horn of Africa, Persian Gulf and Gulf nations, Arabian Sea, the Indian Ocean, the Philippines, and other countries on a case-by-case basis.
(2)
added Permitted Inclusions in the Overseas Contingency Operation Budget
(A)
added Major Equipment
(i)
added Replacement of loses that have occurred but only for items not already programmed for replacement in the Future Years Defense Plan (FYDP), but not including accelerations, which must be made in the base budget.
(ii)
added Replacement or repair to original capability (to upgraded capability if that is currently available) of equipment returning from theater. The replacement may be a similar end item if the original item is no longer in production. Incremental cost of non-war related upgrades, if made, should be included in the base.
(iii)
added Purchase of specialized, theater-specific equipment.
(iv)
added Funding for major equipment must be obligated within 12 months.
(B)
added Ground Equipment Replacement
(i)
added For combat losses and returning equipment that is not economical to repair, the replacement of equipment may be given to coalition partners, if consistent with approved policy.
(ii)
added In-theater stocks above customary equipping levels on a case-by-case basis.
(C)
added Equipment Modifications
(i)
added Operationally-required modifications to equipment used in theater or in direct support of combat operations and that is not already programmed in FYDP.
(ii)
added Funding for equipment modifications must be able be obligated in 12 months.
(D)
added Munitions
(i)
added Replenishment of munitions expended in combat operations in theater.
(ii)
added Training ammunition for theater-unique training events.
(iii)
added While forecasted expenditures are not permitted, a case-by-case assessment for munitions where existing stocks are insufficient to sustain theater combat operations.
(E)
added Aircraft Replacement
(i)
added Combat losses by accident that occur in the theater of operations.
(ii)
added Combat losses by enemy action that occur in the theater of operations.
(F)
added Military Construction
(i)
added Facilities and infrastructure in the theater of operations in direct support of combat operations. The level of construction should be the minimum to meet operational requirements.
(ii)
added At non-enduring locations, facilities and infrastructure for temporary use.
(iii)
added At enduring locations, facilities and infrastructure for temporary use.
(iv)
added At enduring locations, construction requirements must be tied to surge operations or major changes in operational requirements and will be considered on a case-by-case basis.
(G)
added Research and development projects for combat operations in these specific theaters that can be delivered in 12 months.
(H)
added Operations
(i)
added Direct War costs:
(I)
added Transport of personnel, equipment, and supplies to, from and within the theater of operations.
(II)
added Deployment-specific training and preparation for unites and personnel (military and civilian) to assume their directed missions as defined in the orders for deployment into the theater of operations.
(ii)
added Within the theater, the incremental costs above the funding programmed in the base budget to:
(I)
added Support commanders in the conduct of their directed missions (to include Emergency Response Programs).
(II)
added Build and maintain temporary facilities.
(III)
added Provide food, fuel, supplies, contracted services and other support.
(IV)
added Cover the operational costs of coalition partners supporting US military missions, as mutually agreed.
(iii)
added Indirect war costs incurred outside the theater of operations will be evaluated on a case-by-case basis.
(I)
added Health
(i)
added Short-term care directly related to combat.
(ii)
added Infrastructure that is only to be used during the current conflict.
(J)
added Personnel
(i)
added Incremental special pays and allowances for Service members and civilians deployed to a combat zone.
(ii)
added Incremental pay, special pays and allowances for Reserve Component personnel mobilized to support war missions.
(K)
added Special Operations Command
(i)
added Operations that meet the criteria in this guidance.
(ii)
added Equipment that meets the criteria in this guidance.
(L)
added Prepositioned Supplies and equipment for resetting in-theater stocks of supplies and equipment to pre-war levels.
(M)
added Security force funding to train, equip, and sustain Iraqi and Afghan military and police forces.
(N)
added Fuel
(i)
added War fuel costs and funding to ensure that logistical support to combat operations is not degraded due to cash losses in the Department of Defense’s baseline fuel program.
(ii)
added Enough of any base fuel shortfall attributable to fuel price increases to maintain sufficient on-hand cash for the Defense Working Capital Funds to cover seven days disbursements.
(3)
added Excluded items from Overseas Contingency Funding that must be funded from the base budget
(A)
added Training vehicles, aircraft, ammunition, and simulators, but not training base stocks of specialized, theater-specific equipment that is required to support combat operations in the theater of operations, and support to deployment-specific training described above.
(B)
added Acceleration of equipment service life extension programs already in the Future Years Defense Plan.
(C)
added Base Realignment and Closure projects.
(D)
added Family support initiatives
(i)
added Construction of childcare facilities.
(ii)
added Funding for private-public partisanships to expand military families’ access to childcare.
(iii)
added Support for service members’ spouses professional development.
(E)
added Programs to maintain industrial base capacity including “war-stoppers.”
(F)
added Personnel
(i)
added Recruiting and retention bonuses to maintain end-strength.
(ii)
added Basic Pay and the Basic allowances for Housing and Subsistence for permanently authorized end strength.
(iii)
added Individual augmentees on a case-by-case basis.
(G)
added Support for the personnel, operations, or the construction or maintenance of facilities, at U.S. Offices of Security Cooperation in theater.
(H)
added Costs for reconfiguring prepositioned supplies and equipment or for maintaining them.
(4)
added Special Situations – Items proposed for increases in reprogrammings or as payback for prior reprogrammings must meet the criteria above.

Sec. 1601 Rocket propulsion system to replace RD–180

(a)
Use of funds— Section 1604 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3623; 10 U.S.C. 2273 note), as amended by section 1606 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1099), is further amended by striking subsection (d) and inserting the following new subsections:

“(d) Use of funds under development program

“(1) Development of rocket propulsion system—The funds described in paragraph (2)—

“(A) may be obligated or expended for—

“(i) the development of the rocket propulsion system to replace non-allied space launch engines pursuant to subsection (a); and

“(ii) the necessary interfaces to, or integration of, the rocket propulsion system with an existing or new launch vehicle; and

“(B) may not be obligated or expended to develop or procure a launch vehicle, an upper stage, a strap-on motor, or related infrastructure.

“(2) Funds described—The funds described in this paragraph are the following:

changed “(A) Funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2017 or otherwise made available for fiscal year 2017 or any fiscal year thereafter for the Department of Defense for the development of the rocket propulsion system under subsection (a).

“(B) Funds authorized to be appropriated by this Act or the National Defense Authorization Act for Fiscal Year 2016 or otherwise made available for fiscal years 2015 or 2016 for the Department of Defense for the development of the rocket propulsion system under subsection (a) that are unobligated as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017.

changed “(3) Other purposes—The Secretary may obligate or expend not more than 25 a total of 31 percent of the funds described in paragraph (2) in any that are authorized to be appropriated or otherwise made available for fiscal year 2017 for the rocket propulsion system and launch system investment for activities not authorized by paragraph (1)(A), including for developing a launch vehicle, an upper stage, a strap-on motor, or related infrastructure. The Secretary may exceed such limit in a fiscal year 2017 for such purposes if during such fiscal year—if—

“(A) the Secretary certifies to the appropriate congressional committees that, as of the date of the certification—

“(i) the development of the rocket propulsion system is being carried out pursuant to paragraph (1)(A) in a manner that ensures that the rocket propulsion system will meet each requirement under subsection (a)(2); and

“(ii) such obligation or expenditure will not negatively affect the development of the rocket propulsion system, including with respect to meeting such requirements; and

“(B) the reprogramming or transfer is carried out in accordance with established procedures for reprogramming or transfers, including with respect to presenting a request for a reprogramming of funds.

“(e) Definitions—In this section:

“(1) The term “appropriate congressional committees” means—

“(A) the congressional defense committees; and

“(B) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

“(2) The term “rocket propulsion system” means, with respect to the development authorized by subsection (a), a main booster, first-stage rocket engine or motor. The term does not include a launch vehicle, an upper stage, a strap-on motor, or related infrastructure.”

(b)
Rights to intellectual property— Subsection (a) of such section 1604 is amended by adding at the end the following new paragraph:

changed “(3) Rights Plan to intellectual property—In developing the system under paragraph (1), the Secretary shall acquire government purpose rights (or greater rights) in technical data, patents, protect Government investment and copyrights pertaining assured access to such system. Such rights may be 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.”space

added “(A) In developing the rocket propulsion system under paragraph (1), and in any development conducted pursuant to subsection (d)(3), the Secretary shall develop a plan to protect the investment of the United States and the assured access to space, including, consistent with section 2320 of title 10, United States Code, and in accordance with other applicable provisions of law, 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, such as in the event that a company goes out of business or the system is otherwise unavailable after the Federal Government has invested significant resources to use and rely on such system for launch services.

added “(B) Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, the Secretary shall submit to the appropriate congressional committees the plan developed under subparagraph (A).”

(c)
removed Limitation— Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Office of the Secretary of the Air Force, not more than 90 percent may be obligated or expended until the date on which the Secretary of the Air Force certifies to the congressional defense committees that the Secretary has carried out the rocket propulsion system program under section 1604 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3623; 10 U.S.C. 2273 note) during fiscal years 2015 and 2016 as described in subsection (d)(1) of such section, as added by subsection (a).

Sec. 1614 Report on use of spacecraft assets of the space-based infrared system wide-field-of-view program

added
(a)
added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees a report 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 the Department of Defense or the intelligence community.
(b)
added Matters covered— The report required by subsection (a) shall include, at a minimum, the following:
(1)
added An evaluation of using the space-based infrared system wide-field-of-view spacecraft bus for other urgent national security space priorities.
(2)
added An evaluation of the cost and schedule impact, if any, to the space-based infrared system wide-field-of-view program if the spacecraft bus is used for another purpose.
(c)
added Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary to protect the national security interests of the United States.
(d)
added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
added the congressional defense committees; and
(2)
added the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

Sec. 1635 Pilot programs on direct commissions to cyber positions

added
(a)
added Authority— The Secretary of the Army and the Secretary of the Air Force shall each carry out a pilot program to improve the ability of the Army and the Air Force, respectively, to recruit cyber professionals.
(b)
added Elements— Under the pilot program, the Secretaries shall each allow individuals who meet educational, physical, and other requirements determined appropriate by the Secretary to receive original appointments as commissioned officers in a cyber specialty.
(c)
added Consultation— In developing the pilot program, the Secretaries may consult with the Secretary of the Navy with respect to a similar program carried out by the Secretary of the Navy.
(d)
added Sense of Congress— It is the sense of Congress that Congress supports the direct commission of individuals trained in cyber specialties because the demand for skilled cyber personnel outstrips the supply of such personnel, and there is great competition for such personnel with private industry.

Sec. 1636 Report on policies for responding to malicious cyber activities carried out against the United States or United States persons by foreign states or non-state actors

added
(a)
added Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on policies, doctrine, procedures, and authorities governing Department of Defense activities in response to malicious cyber activities carried out against the United States or United States persons by foreign states or non-state actors.
(b)
added Elements— The report required under subsection (a) shall include the following:
(1)
added Specific citations to appropriate associated Executive branch and agency directives, guidance, instructions, and other authoritative policy documents.
(2)
added Descriptions of relevant authorities, rules of engagement, command and control structures, and response plans.

Sec. 1637 Assessment on security of information held by cleared defense contractors

added
(a)
added Assessment—
(1)
added In general— The Secretary of Defense shall conduct an assessment of the sufficiency of the regulatory mechanisms of the Department of Defense to secure defense information held by cleared defense contractors to determine whether there are any gaps that may undermine the protection of such information.
(2)
added Submission— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings of the assessment conducted under paragraph (1).
(b)
added Regulations— Not later than 270 days after the date of the enactment of this Act, the Secretary shall prescribe regulations that the Secretary determines appropriate to improve the security of defense information held by cleared defense contractors.
(c)
added Cleared defense contractor defined— In this section, the term “cleared defense contractor” has the meaning given that term in section 393(e) of title 10, United States Code.

Sec. 1638 Sense of Congress on cyber resiliency of the networks and communications systems of the National Guard

added
(a)
added Findings— Congress finds the following:
(1)
added Army and Air National Guard personnel need to have situational awareness and reliable communications during any of the following events occurring in the United States:
(A)
added A terrorist attack.
(B)
added An intentional or unintentional release of chemical, biological, radiological, nuclear, or high-yield explosive materials.
(C)
added A natural or man-made disaster.
(2)
added During such an event, it is vital that Army and Air National Guard personnel are able to communicate and coordinate response efforts with their own units and appropriate civilian emergency response forces.
(3)
added Current networks and communications systems of the National Guard, including commercial wireless solutions (such as mobile wireless kinetic mesh), and other systems that are interoperable with the systems of civilian first responders, should provide the necessary robustness, interoperability, reliability, and resilience to extend needed situational awareness and communications to all users and under all operating conditions, including degraded communications environments where infrastructure is damaged or destroyed or under cyber attack or disruption.
(b)
added Sense of Congress— It is 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 cyber attacks or disruptions, as well as other instances of degradation.

Sec. 1639 Requirement for Army National Guard strategy to incorporate cyber protection teams into Department of Defense cyber mission force

added
(a)
added Strategy required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, if the Secretary has not already done so, shall provide a briefing to the congressional defense committees outlining a strategy for incorporating Army National Guard cyber protection teams into the Department of Defense cyber mission force.
(b)
added Elements of strategy— The strategy required by subsection (a) shall include, at minimum, the following:
(1)
added A timeline for incorporating Army National Guard cyber protection teams into the Department of Defense cyber mission force, including a timeline for receiving appropriate training.
(2)
added Identification of specific units to be incorporated.
(3)
added An assessment of how incorporation of Army National Guard cyber protection teams into the Department of Defense cyber mission force might be used to enhance readiness through improved individual and collective training capabilities.
(4)
added A status report on the Army’s progress in issuing additional guidance that clarifies how Army National Guard cyber protection teams can support State and civil operations in National Guard status under title 32, United States Code.
(5)
added Other matters as considered appropriate by the Secretary of the Army.

Sec. 1649 Requests for forces to meet security requirements for land-based nuclear forces

added
(a)
added Certification— Not later than five days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees that the Chairman has approved any requests for forces, as of the date of the enactment of this Act, of a commander of a combatant command to meet the security requirements of land-based nuclear forces.
(b)
added Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the travel and representational expenses of the Under Secretary of Defense for Acquisition, Technology, and Logistics, not more than 75 percent may be obligated or expended until the date on which the Under Secretary certifies to the congressional defense committees that there is a competitive acquisition process in place to ensure that a UH–1N replacement aircraft is under contract in fiscal year 2018.

Sec. 1649A Matters related to intercontinental ballistic missiles

added
(a)
added Policy— It is the policy of the United States 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.
(b)
added Prohibition—
(1)
added In general— Except as provided by paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 shall be obligated or expended for—
(A)
added reducing, or preparing to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States; or
(B)
added reducing, or preparing to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
(2)
added Exception— The prohibition in paragraph (1) shall not apply to any of the following activities:
(A)
added The maintenance or sustainment of intercontinental ballistic missiles.
(B)
added Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
(C)
added Reduction in the number of deployed intercontinental ballistic missiles that are carried out in compliance with—
(i)
added the limitations of the New START Treaty (as defined in section 494(a)(2)(D) of title 10, United States Code); and
(ii)
added section 1644 of the Carl Levin an Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3651; 10 U.S.C. 494 note).
(c)
added Report—
(1)
added In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force and the Chairman of the Nuclear Weapons Council shall submit to the congressional defense committees a report regarding efforts to carry out section 1057 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 495 note).
(2)
added Elements— The report under paragraph (1) shall include the following with respect to the period of the expected lifespan of the Minuteman III system:
(A)
added The number of nuclear warheads required to support the capability to redeploy multiple independently retargetable reentry vehicles across the full intercontinental ballistic missile fleet.
(B)
added The current and planned (until 2030) readiness state of nuclear warheads intended to support the capability to redeploy multiple independently retargetable reentry vehicles across the full intercontinental ballistic missile fleet, including which portion of the active or inactive stockpile such warheads are classified within.
(C)
added The current and planned (until 2030) reserve of components or subsystems required to redeploy multiple independently retargetable reentry vehicles across the full intercontinental ballistic missile fleet, including the plans or industrial capability and capacity to produce more such components or subsystems, if needed.
(D)
added The current and planned (until 2030) time required to commence redeployment of multiple independently retargetable reentry vehicles across the intercontinental ballistic missile fleet, including the time required to finish deployment across the full fleet.

Sec. 1673 Harmful interference to Department of Defense Global Positioning System

added
(a)
added Federal Communications Commission conditions on commercial terrestrial operations— Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:

added “343. Conditions on commercial terrestrial operations

added “(a) In general—The Commission shall not permit commercial terrestrial operations in the 1525–1559 megahertz band or the 1626.5–1660.5 megahertz band until the date that is 90 days after the Commission resolves concerns of widespread harmful interference by such operations in such band to covered GPS devices.

added “(b) Notice to Congress

added “(1) In general—At the conclusion of the proceeding on such operations in such band, the Commission shall submit to the congressional committees described in paragraph (2) official copies of the documents containing the final decision of the Commission regarding whether to permit such operations in such band. If the decision is to permit such operations in such band, such documents shall contain or be accompanied by an explanation of how the concerns described in subsection (a) have been resolved.

added “(2) Congressional committees described—The congressional committees described in this paragraph are the following:

added “(A) The Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives.

added “(B) The Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate.

added “(c) Covered GPS device defined—In this section, the term “covered GPS device” means a Global Position System device of the Department of Defense.”

(b)
added Secretary of Defense Review of Harmful Interference—
(1)
added Review— Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date referred to in paragraph (3), the Secretary of Defense shall conduct a review to—
(A)
added assess the ability of covered GPS devices to receive signals from Global Positioning System satellites without widespread harmful interference; and
(B)
added determine if commercial communications services are causing or will cause widespread harmful interference with covered GPS devices.
(2)
added Notice to Congress—
(A)
added Notice— If the Secretary of Defense determines during a review under paragraph (1) that commercial communications services are causing or will cause widespread harmful interference with covered GPS devices, the Secretary shall promptly submit to the congressional defense committees notice of such interference.
(B)
added Contents— The notice required under subparagraph (A) shall include—
(i)
added a list and description of the covered GPS devices that are being or expected to be interfered with by commercial communications services;
(ii)
added a description of the source of, and the entity causing or expect to cause, the interference with such receivers;
(iii)
added a description of the manner in which such source or such entity is causing or expected to cause such interference;
(iv)
added a description of the magnitude of harm caused or expected to be caused by such interference;
(v)
added a description of the duration of and the conditions and circumstances under which such interference is occurring or expected to occur;
(vi)
added a description of the impact of such interference on the national security interests of the United States; and
(vii)
added a description of the plans of the Secretary to address, alleviate, or mitigate such interference, including the cost of such plans.
(C)
added Form— The notice required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(3)
added Termination date— The date referred to in this paragraph is the earlier of—
(A)
added the date that is two years after the date of the enactment of this Act; or
(B)
added the date on which the Secretary—
(i)
added determines that commercial communications services are not causing any widespread harmful interference with covered GPS devices; and
(ii)
added the Secretary submits to the congressional defense committees notice of the determination made under clause (i).
(c)
added Covered GPS Device Defined— In this section, the term “covered GPS device” means a Global Position System device of the Department of Defense.
(d)
added Conforming repeal— Section 911 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1534) is repealed.

Sec. 1702 Development, prototyping, and deployment of weapon system components or technology

(a)
In general— Chapter 144B of title 10, United States Code, as added by section 1701, is further amended by adding at the end the following new subchapter:

“II Development, prototyping, and deployment of weapon system components or technology

“2447a. Technology development in the acquisition of major weapon systems

“Technology shall be developed in a major defense acquisition program that is initiated after January 1, 2019, only if the milestone decision authority for the program determines with a high degree of confidence that such development will not delay the fielding target of the program. If the milestone decision authority does not make such determination for a major system component being developed under the program, the milestone decision authority shall ensure that technology related to the major system component shall be sufficiently matured separate from the major defense acquisition program using the prototyping authorities of this section or other authorities, as appropriate.

“2447b. Weapon system component or technology prototype projects: display of budget information

“(a) Requirements for budget display—In the defense budget materials for any fiscal year after fiscal year 2017, the Secretary of Defense shall, with respect to advanced component development and prototype activities (within the research, development, test, and evaluation budget), set forth the amounts requested for each of the following:

“(1) Acquisition programs of record.

“(2) Development, prototyping, and experimentation of weapon system components or other technologies separate from acquisition programs of record.

“(3) Other budget line items as determined by the Secretary of Defense.

“(b) Additional requirements—For purposes of subsection (a)(2), the amounts requested for development, prototyping, and experimentation of weapon system components or other technologies shall be—

“(1) structured into either capability, weapon system component, or technology portfolios that reflect the priority areas for prototype projects; and

“(2) justified with general descriptions of the types of capability areas and technologies being funded or expected to be funded during the fiscal year concerned.

“(c) Definitions—In this section, the terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.

“2447c. Weapon system component or technology prototype projects: oversight

“(a) Establishment—The Secretary of each military department shall 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, within the military department concerned.

“(b) Membership—Each oversight board shall be comprised of senior officials with—

“(1) expertise in requirements; research, development, test, and evaluation; acquisition; or other relevant areas within the military department concerned;

“(2) awareness of technology development activities and opportunities in the Department of Defense, industry, and other sources; and

“(3) awareness of the component capability requirements of major weapon systems, including scheduling and fielding goals for such component capabilities.

“(c) Functions—The functions of each oversight board are as follows:

“(1) To issue a strategic plan every three years that prioritizes the capability and weapon system component portfolio areas for conducting prototype projects, based on assessments of high priority warfighter needs, capability gaps on existing major weapon systems, opportunities to incrementally integrate new components into major weapon systems, and technologies that are expected to be sufficiently mature to prototype within three years.

“(2) To annually recommend funding levels for weapon system component or technology development and prototype projects across capability or weapon system component portfolios.

“(3) To annually recommend to the service acquisition executive of the military department concerned specific weapon system component or technology development and prototype projects, subject to the requirements and limitations in section 2447d of this title.

“(4) To ensure projects are managed by experts within the Department of Defense who are knowledgeable in research, development, test, and evaluation and who are aware of opportunities for incremental deployment of component capabilities and other technologies to major weapon systems or directly to support warfighting capabilities.

“(5) To ensure projects are conducted in a manner that allows for appropriate experimentation and technology risk.

“(6) To ensure necessary technical, contracting, and financial management resources are available to support each project.

“(7) To submit to the congressional defense committees a semiannual notification that includes the following:

“(A) A description of each weapon system component or technology prototype project initiated during the preceding six months, including an explanation of each project and its required funding.

“(B) A description of the results achieved from weapon system component prototype and technology projects completed and tested during the preceding six months.

“2447d. Requirements and limitations for weapon system component or technology prototype projects

“(a) Limitation on prototype project duration—A prototype project shall be completed within three years of its initiation.

“(b) Merit-based selection process—A prototype project shall be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising and cost-effective prototypes that address a high priority warfighter need and are expected to be successfully demonstrated in a relevant environment.

“(c) Type of transaction—Prototype projects shall be funded through contracts, cooperative agreements, or other transactions.

“(d) Funding limit

“(1) Each prototype project may not exceed a total amount of $10,000,000 (based on fiscal year 2017 constant dollars), unless—

“(A) the Secretary of the military department, or the Secretary’s designee, approves a larger amount of funding for the project, not to exceed $50,000,000; and

“(B) the Secretary, or the Secretary’s designee, submits to the congressional defense committees, within 30 days after approval of such funding for the project, a notification that includes—

“(i) a description of the project;

“(ii) expected funding for the project; and

“(iii) a statement of the anticipated outcome of the project.

“(2) The Secretary of Defense may adjust the amounts (and the base fiscal year) provided in paragraph (1) on the basis of Department of Defense escalation rates.

“2447e. Mechanisms to speed deployment of successful weapon system component or technology prototypes

“(a) Selection of rapid fielding project for production—A weapon system component or technology rapid fielding project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures, notwithstanding the requirements of section 2304 of this title, if—

“(1) a rapid fielding project addresses a high priority warfighter need;

“(2) competitive procedures were used for the selection of parties for participation in the rapid fielding project;

“(3) the participants in the project successfully completed the project provided for in the transaction; and

“(4) a prototype of the system to be procured in the rapid fielding project was demonstrated in a relevant environment.

“(b) Special transfer authority

changed “(1) The Secretary of a military department may may, as specified in advance by appropriations Acts, transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of the rapid fielding project until required funding for full-rate production can be submitted and approved through the regular budget process of the Department of Defense.

“(2) The funds transferred under this subsection to fund the low-rate initial production of a rapid fielding project shall be for a period not to exceed two years, the amount for such period may not exceed $50,000,000, and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular new or upgraded system.

“(3) The special transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.

“(c) Notification to congress—Within 30 days after the service acquisition executive of a military department selects a weapon system component or technology rapid fielding project for a follow-on production contract or other transaction, the service acquisition executive shall notify the congressional defense committees of the selection and provide a brief description of the rapid fielding project.

“2447f. Definition of weapon system component

“In this subchapter, the term “weapon system component” has the meaning given the term “major system component” in section 2446a of this title.”

(b)
Effective date— Subchapter II of chapter 144B of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2016.

Sec. 1803 Transparency in small business goals

changed Section 15(h)(3) of the Small Business Act (15 U.S.C. 644(h)(3)) is amended to read as follows::follows:

“(3) Procurement data

“(A) Federal procurement data system

“(i) In general—To assist in the implementation of this section, the Administrator shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting Reporting System, or any new or successor system.

“(ii) GSA report—On the date that the Administrator makes available the report required by paragraph (2), the Administrator of the General Services Administration shall submit a report to the President and Congress, and to make available on a public Web site, a report in the same form and manner, and including the same information, as the report under paragraph (2). Such report shall include all procurements made for the period covered by the report and may not exclude any contract awarded.

“(B) Agency procurement data sources—To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administrator, procurement information collected through agency data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data.”

Sec. 1842 Women’s Business Center Program

(a)
Definitions— Section 29(a) of the Small Business Act (15 U.S.C. 656(a)) is amended—
(1)
by striking paragraph (4);
(2)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(3)
by inserting after paragraph (1) the following:

“(2) the term eligible entity means—

“(A) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code;

“(B) a State, regional, or local economic development organization, so long as the organization certifies that grant funds received under this section will not be commingled with other funds;

“(C) an institution of higher education, unless such institution is currently receiving a grant under section 21;

“(D) a development, credit, or finance corporation chartered by a State, so long as the corporation certifies that grant funds received under this section will not be commingled with other funds; or

“(E) any combination of entities listed in subparagraphs (A) through (D);”

(4)
by adding at the end the following:

“(5) the term women's business center means the location at which counseling and training on the management, operations (including manufacturing, services, and retail), access to capital, international trade, Government procurement opportunities, and any other matter is needed to start, maintain, or expand a small business concern owned and controlled by women.”

(b)
Authority— Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) is amended—
(1)
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly;
(2)
by striking “The Administration” and all that follows through “5-year projects” and inserting the following:

“(1) In general—There is established a Women’s Business Center Program under which the Administrator may provide a grant to any eligible entity to operate one or more women’s business centers”

(3)
by striking “The projects shall” and inserting the following:

“(2) Use of funds—The women’s business centers shall be designed to provide counseling and training that meets the needs of women, especially socially or economically disadvantaged women, and shall”

(4)
by adding at the end the following:

“(3) Amount of grants

“(A) In general—The amount of a grant provided under this subsection to an eligible entity per project year shall be not more than $185,000 (as such amount is annually adjusted by the Administrator to reflect the change in inflation).

“(B) Additional grants

“(i) In general—Notwithstanding subparagraph (A), with respect to an eligible entity that has received $185,000 in grants under this subsection in a project year, the Administrator may award an additional grant under this subsection of up to $65,000 during such project year if the Administrator determines that the eligible entity—

“(I) agrees to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources of 1 non-Federal dollar for each Federal dollar;

“(II) is in good standing with the Women's Business Center Program; and

“(III) has met performance goals for the previous project year, if applicable.

“(ii) Limitations—The Administrator may only award additional grants under clause (i)—

“(I) during the 3rd and 4th quarters of the fiscal year; and

“(II) from unobligated amounts made available to the Administrator to carry out this section.

“(4) Notice and comment required—The Administrator may only make a change to the standards by which an eligible entity obtains or maintains grants under this section, the standards for accreditation, or any other requirement for the operation of a women’s business center if the Administrator first provides notice and the opportunity for public comment, as set forth in section 553(b) of title 5, United States Code, without regard to any exceptions provided for under such section.”

(c)
Conditions of participation— Section 29(c) of the Small Business Act (15 U.S.C. 656(c)) is amended—
(1)
in paragraph (1)—
(A)
by striking “the recipient organization” and inserting “an eligible entity”; and
(B)
by striking “financial assistance” and inserting “a grant”;
(2)
in paragraph (3)—
(A)
by striking “financial assistance authorized pursuant to this section may be made by grant, contract, or cooperative agreement and” and inserting “grants authorized pursuant to this section”; and
(B)
in the second sentence, by striking “a recipient organization” and inserting “an eligible entity”;
(3)
in paragraph (4)—
(A)
by striking “recipient of assistance” and inserting “eligible entity”;
(B)
by striking “during any project, it shall not be eligible thereafter” and inserting “during any project for 2 consecutive years, the eligible entity shall not be eligible at any time after that 2-year period”;
(C)
by striking “such organization” and inserting “the eligible entity”; and
(D)
by striking “the recipient” and inserting “the eligible entity”; and
(4)
by adding at end the following:

“(5) Separation of project and funds—An eligible entity shall—

“(A) carry out a project under this section separately from other projects, if any, of the eligible entity; and

“(B) separately maintain and account for any grants under this section.

“(6) Examination of eligible entities

“(A) Required site visit—Each applicant, prior to receiving a grant under this section, shall have a site visit by an employee of the Administration, in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided.

“(B) Annual review—An employee of the Administration shall—

“(i) conduct an annual review of the compliance of each eligible entity receiving a grant under this section with the grant agreement, including a financial examination; and

“(ii) provide such review to the eligible entity as required under subsection (l).

“(7) Remediation of problems

“(A) Plan of action—If a review of an eligible entity under paragraph (6)(B) identifies any problems, the eligible entity shall, within 45 calendar days of receiving such review, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting such problems.

“(B) Plan of action review by the Assistant Administrator—The Assistant Administrator shall review each plan of action submitted under subparagraph (A) within 30 calendar days of receiving such plan and—

“(i) if the Assistant Administrator determines that such plan will bring the eligible entity into compliance with all the terms of the grant agreement, approve such plan;

“(ii) if the Assistant Administrator determines that such plan is inadequate to remedy the problems identified in the annual review to which the plan of action relates, the Assistant Administrator shall set forth such reasons in writing and provide such determination to the eligible entity within 15 calendar days of such determination.

“(C) Amendment to plan of action—An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit such plan to the Assistant Administrator.

“(D) Amended plan review by the Assistant Administrator—Within 15 calendar days of the receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall either approve or reject such plan and provide such approval or rejection in writing to the eligible entity.

“(E) Appeal of Assistant Administrator determination

“(i) In general—If the Assistant Administrator rejects an amended plan under subparagraph (D), the eligible entity shall have the opportunity to appeal such decision to the Administrator, who may delegate such appeal to an appropriate officer of the Administration.

“(ii) Opportunity for explanation—Any appeal described under clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the eligible entity’s plan remedies the problems identified in the annual review.

“(iii) Notice of determination—The determination of the appeal shall be provided to the eligible entity, in writing, within 15 calendar days from the eligible entity’s filing of the appeal.

“(iv) Effect of failure to act—If the Administrator fails to act on an appeal made under this subparagraph within the 15 calendar day period specified under clause (iii), the eligible entity’s amended plan of action submitted under subparagraph (C) shall be deemed to be approved.

“(8) Termination of Grant

“(A) In general—The Administrator shall require that, if an eligible entity fails to comply with a plan of action approved by the Assistant Administrator under paragraph (7)(B)(i) or an amended plan of action approved by the Assistant Administrator under paragraph (7)(D) or approved on appeal under paragraph (7)(E), the Assistant Administrator shall terminate the grant provided to the eligible entity under this section.

“(B) Appeal of termination—An eligible entity that has a grant terminated under subparagraph (A) shall have the opportunity to challenge the termination on the record and after an opportunity for a hearing.

“(C) Final agency action—The determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7, title 5, United States Code.”

(d)
Submission of 5-year plan— Section 29(e) of the Small Business Act (15 U.S.C. 656(e)) is amended—
(1)
by striking “applicant organization” and inserting “eligible entity”;
(2)
by striking “a recipient organization” and inserting “an eligible entity”;
(3)
by striking “financial assistance” and inserting “grants”; and
(4)
by striking “site”.
(e)
Applications and criteria for initial grant— Subsection (f) of section 29 of the Small Business Act (15 U.S.C. 656) is amended to read as follows:

“(f) Applications and criteria for initial grant

“(1) Application—Each eligible entity desiring a grant under subsection (b) shall submit to the Administrator an application that contains—

“(A) a certification that the eligible entity—

“(i) has designated an executive director or program manager, who may be compensated using grant funds under subsection (b) or other sources, to manage the women's business center for which a grant under subsection (b) is sought;

“(ii) meets the accounting and reporting requirements established by the Director of the Office of Management and Budget;

“(B) information demonstrating that the eligible entity has the ability and resources to meet the needs of the market to be served by the women's business center, including the ability to obtain the non-Federal contribution required under subsection (c);

“(C) information relating to the assistance to be provided by the women's business center in the area in which the women's business center is located;

“(D) information demonstrating the experience and effectiveness of the eligible entity in—

“(i) conducting the services described under subsection (a)(5);

“(ii) providing training and services to a representative number of women who are socially or economically disadvantaged; and

“(iii) working with resource partners of the Administration and other entities, such as universities; and

“(E) a 5-year plan that describes the ability of the eligible entity to provide the services described under subsection (a)(3), including to a representative number of women who are socially or economically disadvantaged.

“(2) Review and approval of applications for initial grants

“(A) Review and selection of eligible entities

“(i) In general—The Administrator shall review applications to determine whether the applicant can meet obligations to perform the activities required by a grant under this section, including—

“(I) the experience of the applicant in conducting activities required by this section;

“(II) the amount of time needed for the applicant to commence operations should it be awarded a grant;

“(III) the capacity of the applicant to meet the accreditation standards established by the Administrator in a timely manner;

changed “(IV) the ability of the applicant to sustain operations for more than 5 years (including its ability to obtain sufficient non-Federal funds for that period); andperiod);

changed “(V) the location of the women’s business center and its proximity to other grant recipients under this section.section; and

added “(VI) the population density of the area to be served by the women’s business center.

“(ii) Selection criteria

“(I) Guidance—The Administrator shall issue guidance (after providing an opportunity for notice and comment) to specify the criteria for review and selection of applicants under this subsection.

“(II) Modifications prohibited after announcement—With respect to a public announcement of any opportunity to be awarded a grant under this section made by the Administrator pursuant to subsection (l)(1), the Administrator may not modify guidance issued pursuant to subclause (I) with respect to such opportunity unless required to do so by an Act of Congress or an order of a Federal court.

“(III) Rule of construction—Nothing in this clause may be construed as prohibiting the Administrator from modifying the guidance issued pursuant to subclause (I) (after providing an opportunity for notice and comment) as such guidance applies to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (l)(1).

“(B) Record retention

“(i) In general—The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years.

“(ii) Paperwork reduction—The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out clause (i).”

(f)
Notification requirements under the Women’s Business Center Program— Section 29 of the Small Business Act (15 U.S.C. 656) is amended by inserting after subsection (k) the following:

“(l) Notification requirements under the Women’s Business Center Program—The Administrator shall provide—

“(1) a public announcement of any opportunity to be awarded grants under this section, and such announcement shall include the standards by which such award will be made, including the guidance issued pursuant to subsection (f)(2)(A)(ii);

“(2) the opportunity for any applicant for a grant under this section that failed to obtain such a grant a debriefing with the Assistant Administrator to review the reasons for the applicant’s failure; and

“(3) with respect to any site visit or evaluation of an eligible entity receiving a grant under this section that is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, within 30 calendar days of the completion of such vision or evaluation.”

(g)
Continued funding for centers— Section 29(m) of the Small Business Act (15 U.S.C. 656(m)) is amended—
(1)
by striking paragraph (3) and inserting the following:

“(3) Application and approval for continuation grants

“(A) Solicitation of applications—The Administrator shall solicit applications and award continuation grants under this subsection for the first fiscal year beginning after the date of enactment of this paragraph, and every third fiscal year thereafter.

“(B) Contents of application—Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains—

“(i) a certification that the applicant—

“(I) is an eligible entity;

“(II) has designated an executive director or program manager to manage the women's business center operated by the applicant; and

“(III) as a condition of receiving a grant under this subsection, agrees—

“(aa) to receive a site visit as part of the final selection process, at the discretion of the Administrator; and

“(bb) to remedy any problem identified pursuant to the site visit under item (aa);

“(ii) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center for which a grant under this subsection is sought, including the ability to obtain the non-Federal contribution required under paragraph (4)(C);

“(iii) information relating to assistance to be provided by the women's business center in the geographic area served by the women's business center for which a grant under this subsection is sought;

“(iv) information demonstrating that the applicant has worked with resource partners of the Administration and other entities;

“(v) a 3-year plan that describes the services provided by the women's business center for which a grant under this subsection is sought—

“(I) to serve women who are business owners or potential business owners by conducting training and counseling activities; and

“(II) to provide training and services to a representative number of women who are socially or economically disadvantaged; and

“(vi) any additional information that the Administrator may reasonably require.

“(C) Review and approval of applications for grants

“(i) In general—The Administrator—

“(I) shall review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and

“(II) as part of the final selection process, may, at the discretion of the Administrator, conduct a site visit to each women's business center for which a grant under this subsection is sought, in particular to evaluate the women's business center using the selection criteria described in clause (ii)(II).

“(ii) Selection criteria

“(I) In general—The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are—

“(aa) established before the date on which applicants are required to submit the applications;

“(bb) stated in terms of relative importance; and

“(cc) publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator.

“(II) Required criteria—The selection criteria for a grant under this subsection shall include—

“(aa) the total number of entrepreneurs served by the applicant;

“(bb) the total number of new startup companies assisted by the applicant;

“(cc) the percentage of clients of the applicant that are socially or economically disadvantaged;

“(dd) the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged;

“(ee) the successful accreditation of the applicant under the accreditation program developed under subsection (g)(5); and

“(ff) any additional criteria that the Administrator may reasonably require.

“(iii) Conditions for continued funding—In determining whether to make a grant under this subsection, the Administrator—

“(I) shall consider the results of the most recent evaluation of the women's business center for which a grant under this subsection is sought, and, to a lesser extent, previous evaluations; and

“(II) may withhold a grant under this subsection, if the Administrator determines that the applicant has failed to provide the information required to be provided under this paragraph, or the information provided by the applicant is inadequate.

“(D) Notification—Not later than 60 calendar days after the date of each deadline to submit applications under this paragraph, the Administrator shall approve or deny each submitted application and notify the applicant for each such application of the approval or denial.

“(E) Record retention

“(i) In general—The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 5 years.

“(ii) Paperwork reduction—The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out clause (i).”

(2)
by striking paragraph (5) and inserting the following:

“(5) Award to previous recipients—There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection.”

(h)
Technical and conforming amendments— Section 29 of the Small Business Act (15 U.S.C. 656) is amended—
(1)
in subsection (h)(2), by striking “to award a contract (as a sustainability grant) under subsection (l) or”;
(2)
in subsection (j)(1), by striking “The Administration” and inserting “Not later than November 1 of each year, the Administrator”;
(3)
in subsection (k)—
(A)
by striking paragraphs (1) and (4);
(B)
by inserting before paragraph (2) the following:

“(1) In general—There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $21,750,000 for each of fiscal years 2017 through 2020.”

(C)
in paragraph (2), by striking subparagraph (B) and inserting the following:

“(B) Exceptions—Of the amount made available under this subsection for a fiscal year, the following amounts shall be available for selection panel costs, costs associated with maintaining an accreditation program, and post-award conference costs:

“(i) For the first fiscal year beginning after the date of the enactment of this subparagraph, 2.65 percent.

“(ii) For the second fiscal year beginning after the date of the enactment of this subparagraph and each fiscal year thereafter through fiscal year 2020, 2.5 percent.”

(4)
in subsection (m)—
(A)
in paragraph (2), by striking “subsection (b) or (l)” and inserting “this subsection or subsection (b)”; and
(B)
in paragraph (4)(D), by striking “or subsection (l)”.
(i)
Effect on existing grants—
(1)
Terms and conditions— A nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this title, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this title, except that the nonprofit organization may not apply for a continuation of the grant under section 29(m)(5) of the Small Business Act (15 U.S.C. 656(m)(5)), as in effect on the day before the date of enactment of this title.
(2)
Length of continuation grant— The Administrator of the Small Business Administration may award a grant under section 29(m) of the Small Business Act to a nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this title, for the period—
(A)
beginning on the day after the last day of the grant agreement under such section 29(m); and
(B)
ending at the end of the third fiscal year beginning after the date of enactment of this title.

Sec. 1853 Online component

added
(a)
added In general— Section 8(c) of the Small Business Act (15 U.S.C. 637(c)), as amended by section 1852, is further amended by adding at the end the following:

added “(6) Online component—In carrying out this subsection, the SCORE Association shall make use of online counseling, including by developing and implementing webinars and an electronic mentoring platform to expand access to services provided under this subsection and to further support entrepreneurs.”

(b)
added Online component report—
(1)
added In general— At the end of fiscal year 2018, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the effectiveness of the online counseling and webinars required as part of the SCORE program, including—
(A)
added how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results;
(B)
added describing the internal controls that are used and a summary of the topics covered by the webinars; and
(C)
added performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards such online counseling and webinars.
(2)
added Definitions— For purposes of this subsection, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).

Sec. 1854 Study and report on the future role of the score program

added
(a)
added Study— The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will evolve to meet the needs of small business concerns and potential future small business concerns over the course of the 5 years following the date of enactment of this Act, with markers and specific objectives for year 1, year 3, and year 5.
(b)
added Report— Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the SCORE Association shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing—
(1)
added all findings and determination made in carrying out the study required under subsection (a);
(2)
added the strategic plan developed under subsection (a);
(3)
added an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels.
(c)
added Definitions— For purposes of this section, the terms “SCORE Association” and “SCORE program” have the meaning given those terms, respectively, under section 8(c)(1) of the Small Business Act (15 U.S.C. 637(c)(1)).

Sec. 1855 Technical and conforming amendments

added
(a)
added Small business act— The Small Business Act (15 U.S.C. 631 et seq.) is amended—
(1)
added in section 7(m)(3)(A)(i)(VIII) (15 U.S.C. 636(m)(3)(A)(i)(VIII)), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and
(2)
added in section 22 (15 U.S.C. 649)—
(A)
added in subsection (b)—
(i)
added in paragraph (1), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and
(ii)
added in paragraph (3), by striking “Service Corps of Retired Executives” and inserting “SCORE program”; and
(B)
added in subsection (c)(12), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.
(b)
added Other laws—
(1)
added Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 (15 U.S.C. 657p) is amended—
(A)
added in subsection (a), by striking paragraph (4) and inserting the following:

added “(4) the term “SCORE program” means the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B));”

(B)
added in subsection (b)(4)(A)(iv), by striking “Service Corps of Retired Executives” and inserting “SCORE program”.
(2)
added Section 337(d)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by striking “Service Corps of Retired Executives (SCORE)” and inserting “SCORE program”.

Sec. 1868 Role of small business development centers in cyber security and preparedness

added

added Section 21 of the Small Business Act (15 U.S.C. 648) is amended—

(1)
added in subsection (a)(1), by striking “and providing access to business analysts who can refer small business concerns to available experts:” and inserting “providing access to business analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in furtherance of the Small Business Development Center Cyber Strategy developed under section 1871(b) of the National Defense Authorization Act for Fiscal Year 2017:”; and
(2)
added in subsection (c)—
(A)
added in paragraph (2)—
(i)
added in subparagraph (E), by striking “and” at the end;
(ii)
added in subparagraph (F), by striking the period and inserting “; and”; and
(iii)
added by adding at the end of the following:

added “(G) access to cyber security specialists to counsel, assist, and inform small business concern clients, in furtherance of the Small Business Development Center Cyber Strategy developed under section.”

Sec. 1869 Additional cyber security assistance for small business development centers

added

added Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following:

added “(8) Cyber security assistance—The Department of Homeland Security, and any other Federal department or agency in coordination with the Department of Homeland Security, may provide assistance to small business development centers, 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 Cybersecurity outreach for small business development centers

added

added Section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148) is amended—

(1)
added by redesignating subsection (l) as subsection (m); and
(2)
added by inserting after subsection (k) the following:

added “(l) Cybersecurity outreach

added “(1) In general—The Secretary may provide assistance to small business development centers, 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.

added “(2) Definitions—For purposes of this subsection, the terms “small business concern” and “small business development center” have the meaning given such terms, respectively, under section 3 of the Small Business Act.”

Sec. 1869B GAO study on small business cyber support services and small business development center cyber strategy

added
(a)
added Review of current cyber security resources—
(1)
added In general— The Comptroller General of the United States shall 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.
(2)
added Content— The review required under paragraph (1) shall include the following:
(A)
added An accounting and description of all Federal Government programs, projects, and activities that currently provide assistance to small business concerns in developing or enhancing cyber security infrastructure, cyber threat awareness, or cyber training programs for employees.
(B)
added An assessment of how widely utilized the resources described under subparagraph (A) are by small business concerns and a review of whether or not such resources are duplicative of other programs and structured in a manner that makes them accessible to and supportive of small business concerns.
(3)
added Report— The Comptroller General shall issue a report to the Congress, the Small Business Administrator, the Secretary of Homeland Security, and any association recognized under section 21(a)(3)(A) of the Small Business Act containing all findings and determinations made in carrying out the review required under paragraph (1).
(b)
added Small business development center cyber strategy—
(1)
added In general— Not later than 90 days after the issuance of the report under subsection (a)(3), the Small Business Administrator and the Secretary of Homeland Security shall work collaboratively to develop a Small Business Development Center Cyber Strategy.
(2)
added Consultation— In developing the strategy under this subsection, the Small Business Administrator and the Secretary of Homeland Security shall consult with entities representing the concerns of small business development centers, including any association recognized under section 21(a)(3)(A) of the Small Business Act.
(3)
added Content— The strategy required under paragraph (1) shall include, at minimum, the following:
(A)
added Plans for incorporating small business development centers (hereinafter in this section referred to as “SBDCs”) into existing cyber programs to enhance services and streamline cyber assistance to small business concerns.
(B)
added To the extent practicable, methods for the provision of counsel and assistance to improve a small business concern’s cyber security infrastructure, cyber threat awareness, and cyber training programs for employees, including—
(i)
added working to ensure individuals are aware of best practices in the areas of cyber security, cyber threat awareness, and cyber training;
(ii)
added working with individuals to develop cost-effective plans for implementing best practices in these areas;
(iii)
added entering into agreements, where practical, with Information Sharing and Analysis Centers or similar cyber information sharing entities to gain an awareness of actionable threat information that may be beneficial to small business concerns; and
(iv)
added providing referrals to area specialists when necessary.
(C)
added An analysis of—
(i)
added how Federal Government programs, projects, and activities identified by the Comptroller General in the report issued under subsection (a)(1) can be leveraged by SBDCs to improve access to high-quality cyber support for small business concerns;
(ii)
added additional resources SBDCs may need to effectively carry out their role; and
(iii)
added how SBDCs can leverage existing partnerships and develop new ones with Federal, State, and local government entities as well as private entities to improve the quality of cyber support services to small business concerns.
(4)
added Delivery of strategy— Not later than 180 days after the issuance of the report under subsection (a)(3), the Small Business Development Center Cyber Strategy shall be issued to the Committees on Homeland Security and Small Business of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Small Business and Entrepreneurship of the Senate.

Sec. 1869C Prohibition on additional funds

added

added No additional funds are authorized to be appropriated to carry out sections 1868 through 1869B or the amendments made by such sections.

Sec. 1871 Short title

added

added This subtitle may be cited as the “Small Business Development Centers Improvement Act of 2016”.

Sec. 1872 Use of authorized entrepreneurial development programs

added

added The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following:

added “48. Use of authorized entrepreneurial development programs

added “(a) Expanded support for entrepreneurs

added “(1) In general—Notwithstanding any other provision of law, the Administrator shall only use the programs authorized in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of this Act, and sections 358 and 389 of the Small Business Investment Act to deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training.

added “(2) Exception—This section shall not apply to services provided to assist small business concerns owned by an Indian tribe (as such term is defined in section 8(a)(13)).

added “(b) Annual report—Beginning on the first December 1 after the date of enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year. This report shall include—

added “(1) a description and operating details for each program and activity;

added “(2) operating circulars, manuals, and standard operating procedures for each program and activity;

added “(3) a description of the process used to award grants under each program and activity;

added “(4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity;

added “(5) the amount of funding obligated for the current fiscal year for each program and activity; and

added “(6) the names and titles for those individuals responsible for each program and activity.”

Sec. 1873 Marketing of services

added

added Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:

added “(o) No prohibition of marketing of services—The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small business concerns.”

Sec. 1874 Data collection

added
(a)
added In general— Section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) is amended—
(1)
added by striking “as provided in this section and” and inserting “as provided in this section,”; and
(2)
added by inserting before the period at the end the following: “, and (iv) governing data collection activities related to applicants receiving grants under this section”.
(b)
added Annual report on data collection— Section 21 of the Small Business Act (15 U.S.C. 648), as amended by section 1873 of this Act, is further amended by adding at the end the following:

added “(p) Annual Report on data collection—The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on any data collection activities related to the Small Business Development Center program.”

(c)
added Working group to improve data collection—
(1)
added Establishment and study— The Administrator of the Small Business Administration shall establish a Data Collection Working Group consisting of members from entrepreneurial development grant recipients associations and organizations and Administration officials, to carry out a study to determine the best way to capture data collection and create or revise existing systems dedicated to data collection.
(2)
added Report— Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Data Collection Working Group shall issue a report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate containing the findings and determinations made in carrying out the study required under paragraph (1), including—
(A)
added recommendations for revising existing data collection practices; and
(B)
added a proposed plan for the Small Business Administration to implement such recommendations.

Sec. 1875 Fees from private partnerships and cosponsorships

added

added Section 21(a)(3) of the Small Business Act (15 U.S.C. 648(a)(3)(C)), as amended by section 1874, is further amended by adding at the end the following:

added “(D) Fees from private partnerships and cosponsorships—Participation in private partnerships and cosponsorships with the Administration shall not limit small business development centers from collecting fees or other income related to the operation of such private partnerships and cosponsorships.”

Sec. 1876 Equity for small business development centers

added

added Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:

added “(I) In general—Of the amounts made available in any fiscal year to carry out this section not more than $600,000 may be used by the Administration to pay expenses enumerated in subparagraphs (B) through (D) of section 20(a)(1).”

Sec. 1877 Confidentiality requirements

added

added Section 21(a)(7)(A) of the Small Business Act (15 U.S.C. 648(a)(7)(A)) is amended by inserting after “under this section” the following: “to any State, local or Federal agency, or third party”.

Sec. 1878 Limitation on award of grants to small business development centers

added
(a)
added In general— Section 21 of the Small Business Act (15 U.S.C. 648), as amended by section 1874, is further amended—
(1)
added in subsection (a)(1), by striking “any women's business center operating pursuant to section 29,”;
(2)
added by adding at the end the following:

added “(q) Limitation on award of grants—Except for not-for-profit institutions of higher education, and notwithstanding any other provision of law, the Administrator may not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to the date of the enactment of this subsection, and that seek to renew such grants (including contracts and cooperative agreements) after such date.”

(b)
added Rule of Construction— The amendments made by this section may not be construed as prohibiting a women’s business center from receiving a subgrant from an entity receiving a grant under section 21 of the Small Business Act (15 U.S.C. 648).

Sec. 2807 Sense of Congress on maximizing number of veterans employed on military construction projects

added

added It is the sense of Congress that, when practical and cost-effective, the Department of Defense should seek ways to maximize the number of veterans employed on military construction projects (as defined in section 2801 of title 10, United States Code).

Sec. 2817 Improved process for disposal of Department of Defense surplus real property located overseas

added
(a)
added Petition to acquire surplus property— 2687a of title 10, United States Code, is amended—
(1)
added by redesignating subsection (g) as subsection (h); and
(2)
added by inserting after subsection (f) the following new subsection:

added “(g) Petition process for disposal of overseas surplus real property

added “(1) The Secretary of Defense shall establish a process by which a foreign government may request the transfer of surplus real property or improvements under the jurisdiction of the Department of Defense in the foreign country.

added “(2) Upon the receipt of a petition under this subsection, the Secretary shall determine within 90 days whether the property or improvement subject to the petition is surplus. If surplus, the Secretary shall seek to enter into an agreement with the foreign government within one year for the disposal of the property.

added “(3) If real property or an improvement is determined not to be surplus, the Secretary shall not be obligated to consider another petition involving the same property or improvement for five years beginning on the date on which the initial determination was made.”

(b)
added Additional use of Department of Defense Overseas Military Facility Investment Recovery Account— Section 2687a(b) of title 10, United States Code, is amended—
(1)
added in paragraph (1), by inserting “property disposal agreement,” after “forces agreement,”; and
(2)
added in paragraph (2)—
(A)
added by striking “and” at the end of subparagraph (A);
(B)
added by striking the period at the end of subparagraph (B) and inserting “; and”; and
(C)
added by adding at the end the following new subparagraph:

added “(C) military readiness programs.”

(c)
added Reporting requirement— Section 2687a(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(3) A report under paragraph (1) also shall specify the following:

added “(A) The number of petitions received under subsection (g) from foreign governments requesting the transfer of surplus real property or improvements under the jurisdiction of the Department of Defense overseas.

added “(B) The status of each petition, including whether reviewed, denied, or granted.

added “(C) The implementation status of each granted petition.”

Sec. 2839 Modification of land conveyance, Rocky Mountain Arsenal National Wildlife Refuge

added

added Section 5(d)(1) of the Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 (Public Law 102–402; 16 U.S.C. 668dd note) is amended by adding at the end the following new subparagraph:

added “(C)

added “(i) Notwithstanding clause (i) of subparagraph (A), the restriction attached to any deed to any real property designated for disposal under this section that prohibits the use of the property for residential or industrial purposes may be modified or removed if it is determined, through a risk assessment performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), that the property is protective for the proposed use.

added “(ii) The Secretary of the Army shall not be responsible or liable for any of the following:

added “(I) The cost of any risk assessment described in clause (i) or any actions taken in response to such risk assessment.

added “(II) Any damages attributable to the use of property for residential or industrial purposes as the result of the modification or removal of a deed restriction pursuant to clause (i), or the costs of any actions taken in response to such damages.”

Sec. 2839A Closure of St. Marys Airport

added
(a)
added Release of restrictions— Subject to subsection (b), the United States, acting through the Administrator of the Federal Aviation Administration, shall 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 Administrator.
(b)
added Requirements for release of restrictions— The Administrator shall execute the release under subsection (a) once all of the following occurs:
(1)
added The Secretary of the Navy transfers to the Georgia Department of Transportation the amounts described in subsection (c) and requires as an enforceable condition on such transfer that all funds transferred shall be used only for airport development (as defined in section 47102 of title 49, United States Code) of a general aviation airport in Georgia, consistent with planning efforts conducted by the Administrator and the Georgia Department of Transportation.
(2)
added The city of St. Marys, for consideration as provided for in this section, grants to the United States, under the administrative jurisdiction of the Secretary, a restrictive use easement in the real property used for the St. Marys Airport, as determined acceptable by the Secretary, under such terms and conditions as the Secretary considers necessary to protect the interests of the United States and prohibiting the future use of such property for all aviation-related purposes and any other purposes deemed by the Secretary to be incompatible with the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia.
(3)
added The Secretary obtains an appraisal to determine the fair market value of the real property used for the St. Marys Airport in the manner described in subsection (c)(1).
(4)
added The Administrator fulfills the obligations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in connection with the release under subsection (a). In carrying out such obligations—
(A)
added the Administrator shall not assume or consider any potential or proposed future redevelopment of the current St. Marys airport property;
(B)
added any potential new general aviation airport in Georgia shall be deemed to be not connected with the release noted in subsection (a) nor the closure of St. Marys Airport; and
(C)
added any environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a potential general aviation airport in Georgia shall be considered through an environmental review process separate and apart from the environmental review made a condition of release by this section.
(c)
added Transfer of amounts described— The amounts described in this subsection are the following:
(1)
added An amount equal to the fair market value of the real property of the St. Marys Airport, as determined by the Secretary and concurred in by the Administrator, based on an appraisal report and title documentation that—
(A)
added is prepared or adopted by the Secretary, and concurred in by the Administrator, not more than 180 days prior to the transfer described in subsection (b)(1); and
(B)
added meets all requirements of Federal law and the appraisal and documentation standards applicable to the acquisition and disposal of real property interests of the United States.
(2)
added An amount equal to the unamortized portion of any Federal development grants (including grants available under a State block grant program established pursuant to section 47128 of title 49, United States Code), other than used for the acquisition of land, paid to the city of St. Marys for use as the St. Marys Airport.
(3)
added An amount equal to the airport revenues remaining in the airport account for the St. Marys Airport as of the date of the enactment of this Act and as otherwise due to or received by the city of St. Marys after such date of enactment pursuant to sections 47107(b) and 47133 of title 49, United States Code.
(d)
added Authorization for transfer of funds— Using funds available to the Department of the Navy for operation and maintenance, the Secretary may pay the amounts described in subsection (c) to the Georgia Department of Transportation, conditioned as described in subsection (b)(1).
(e)
added Additional requirements—
(1)
added Survey— The exact acreage and legal description of St. Marys Airport shall be determined by a survey satisfactory to the Secretary and concurred in by the Administrator.
(2)
added Planning of general aviation airport— Any planning effort for the development of a new general aviation airport in southeast Georgia using the amounts described in subsection (c) shall be conducted in coordination with the Secretary, and shall ensure that any such airport does not encroach on the operations, functions, and missions of Naval Submarine Base, Kings Bay, Georgia.
(f)
added Rule of construction— Nothing in this section may be construed to limit the applicability of—
(1)
added the requirements and processes under section 46319 of title 49, United States Code;
(2)
added the requirements and processes under part 157 of title 14, Code of Federal Regulations; or
(3)
added the public notice requirements under section 47107(h)(2) of title 49, United States Code.

Sec. 2839B Prohibition on transfer of administrative jurisdiction, portion of Organ Mountains Area, Fillmore Canyon, New Mexico

added

added The Secretary of Defense may not transfer 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 the Department of Defense to the Secretary of the Interior.

Sec. 2857 Battleship preservation grant program

added
(a)
added Establishment— There is hereby established within the Department of the Interior a grant program for the preservation of our nation’s most historic battleships.
(b)
added Use of Grants— Amounts received through grants under this section shall be used for the preservation of our nation’s most historic battleships in a manner that is self-sustaining and has an educational component.
(c)
added Criteria for eligibility— To be eligible for a grant under this section, an entity shall—
(1)
added submit an application under procedures prescribed by the Secretary;
(2)
added match the amount of the grant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued as determined by the Secretary;
(3)
added maintain records as may be reasonably necessary to fully disclose—
(A)
added the amount and the disposition of the proceeds of the grant;
(B)
added the total cost of the project for which the grant is made; and
(C)
added other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds; and
(4)
added provide access to the Secretary for the purposes of any required audit and examination of any books, documents, papers, and records of the entity.
(d)
added Most historic battleship defined— In this section, the term “most historic battleship” means a battleship that is—
(1)
added between 75 and 115 years old;
(2)
added listed on the National Historic Register; and
(3)
added located within the State for which it was named.
(e)
added Savings provision— The authorities contained in this section shall be in addition to, and shall not be construed to supercede or modify those contained in the National Historic Preservation Act (16 U.S.C. 470–470x–6).
(f)
added Private property protection—
(1)
added In general— No Federal funds made available to carry out this section may be used to acquire any real property, or any interest in any real property, without the written consent of the owner (or owners) of that property or interest in property.
(2)
added No designation— The authority granted by this section shall not constitute a Federal designation or have any effect on private property ownership.
(g)
added Sunset— The authority to make grants under this section expires on September 30, 2023.

Sec. 2862 Redesignation of Mike O’Callaghan Federal Medical Center

changed Section 2867 of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2806), as amended by section 8135(a) of the Department of Defense Appropriations Act, 1997 (section 101(b) of division A of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009-118)), 3009–118)), and as amended by section 2862 of the Military Construction Authorization Act for Fiscal Year 2012 (division B of Public Law 112–81; 125 Stat. 1701) is further amended—

(1)
by striking “Mike O’Callaghan Federal Medical Center” each place it appears and inserting “Mike O’Callaghan Military Medical Center”; and
(2)
in the heading, by striking “Mike O’Callaghan” and all that follows and inserting “Mike O’Callaghan Military Medical Center.”.

Sec. 2867 Report on documentation for acquisition of certain properties along Columbia River, Washington, by Corps of Engineers

added
(a)
added Report on documentation— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall submit a report to Congress on the process by which the Corps of Engineers acquired the properties described in subsection (b), and shall include in the report the specific legal documentation pursuant to which the properties were acquired.
(b)
added Properties described— The properties described in this subsection are each of the properties described in paragraph (2) of section 501(i) of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3752).

Sec. 3119A Limitation on availability of funds for the Department of Energy

added
(a)
added Limitation— Of the funds authorized to be appropriated or otherwise made available for fiscal year 2017 for the Department of Energy for the Office of the Secretary of Energy, not more than 50 percent may be obligated or expended until the date on which the Secretary submits to the appropriate congressional committees the report under subsection (b).
(b)
added Report— Not later than 15 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the full report, and any related materials, titled “U.S. Nuclear Deterrence in the Coming Decades”, dated August 15, 2014.
(c)
added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
(1)
added the congressional defense committees; and
(2)
added the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

Sec. 3119B Sense of Congress regarding accounting practices by laboratory operating contractors and plant or site managers of National Nuclear Security Administration facilities

added

added It is the sense of Congress that the Secretary of Energy should ensure that each laboratory operating contractor or plant or site manager of a National Nuclear Security Administration facility adopt generally accepted and consistent accounting practices for laboratory, plant, or site directed research and development.

Sec. 3119C Protection of certain nuclear facilities from unmanned aircraft

added
(a)
added In general— The Atomic Energy Defense Act (50 U.S.C. 2501 et seq.) is amended by inserting after section 4509 the following new section:

added “4510. Protection of certain nuclear facilities from unmanned aircraft

added “(a) Authority—The Secretary of Energy may take such actions described in subsection (b)(1) that are necessary to mitigate the threat of an unmanned aircraft system or unmanned aircraft that poses an imminent threat (as defined by the Secretary of Energy, in coordination with the Secretary of Transportation) to the safety or security of a covered facility.

added “(b) Actions described

added “(1) The actions described in this paragraph are the following:

added “(A) Disrupt control of the unmanned aircraft system or unmanned aircraft.

added “(B) Seize and exercise control of the unmanned aircraft system or unmanned aircraft.

added “(C) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.

added “(D) Use reasonable force to disable or destroy the unmanned aircraft system or unmanned aircraft.

added “(2) The Secretary of Energy shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation, consistent with the protection of information regarding sensitive defense or national security capabilities.

added “(c) Forfeiture

added “(1) Any unmanned aircraft system or unmanned aircraft described in subsection (a) shall be subject to seizure and forfeiture to the United States.

added “(2) The Secretary of Energy may prescribe regulations to establish reasonable exceptions to paragraph (1), including in cases where—

added “(A) the operator of the unmanned aircraft system or unmanned aircraft obtained the control and possession of such system or aircraft illegally; or

added “(B) the operator of the unmanned aircraft system or unmanned aircraft is an employee of a common carrier acting in manner described in subsection (a) without the knowledge of the common carrier.

added “(d) Regulations—Not later than 180 days after the date of the enactment of this section, the Secretary of Energy and the Secretary of Transportation shall prescribe regulations and issue guidance in the respective areas of each Secretary to carry out this section.

added “(e) Definitions—In this section:

added “(1) The term “covered facility” means any facility that—

added “(A) is identified by the Secretary of Energy for purposes of this section;

added “(B) is located in the United States (including the territories and possessions of the United States); and

added “(C) is owned by the United States, or contracted to the United States, to store or use special nuclear material.

added “(2) The terms “unmanned aircraft” and “unmanned aircraft system” have the meaning given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).”

(b)
added Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4509 the following new item:

Sec. 3126 Briefing on the information-interchange of low-enriched uranium

added
(a)
added Briefing— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Energy, and the Secretary of State shall provide a briefing to the appropriate congressional committees 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.
(b)
added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
(1)
added the congressional defense committees;
(2)
added the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;
(3)
added the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and
(4)
added the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

Sec. 3302 Nuclear energy

Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is amended to read as follows:

“951. Nuclear energy

“(a) Mission—The Secretary shall conduct programs of civilian nuclear research, development, demonstration, and commercial application, including activities in this subtitle. Such programs shall take into consideration the following objectives:

“(1) Providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering.

“(2) Maintaining National Laboratory and university nuclear energy research and development programs, including their infrastructure.

“(3) Providing the technical means to reduce the likelihood of nuclear weapons proliferation and increasing confidence margins for public safety of nuclear energy systems.

“(4) Reducing the environmental impact of nuclear energy related activities.

“(5) Supporting technology transfer from the National Laboratories to the private sector.

“(6) Enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the aforementioned objectives in this subsection.

“(b) Definitions—In this subtitle:

changed “(1) Advanced fission nuclear reactor—The term “advanced fission reactor” means a nuclear fission reactor with significant improvements over the most recent generation of nuclear reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency.reactor” means—

added “(A) a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency; or

added “(B) a nuclear fusion reactor.

“(2) Fast neutron—The term “fast neutron” means a neutron with kinetic energy above 100 kiloelectron volts.

“(3) National laboratory—The term “National Laboratory” has the meaning given that term in paragraph (3) of section 2, except that with respect to subparagraphs (G), (H), and (N) of such paragraph, for purposes of this subtitle the term includes only the civilian activities thereof.

“(4) Neutron flux—The term “neutron flux” means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area.

“(5) Neutron source—The term “neutron source” means a research machine that provides neutron irradiation services for research on materials sciences and nuclear physics as well as testing of advanced materials, nuclear fuels, and other related components for reactor systems.”

Sec. 3308 High-performance computation and supportive research

Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is amended to read as follows:

“957. High-performance computation and supportive research

“(a) Modeling and simulation—The Secretary shall carry out a program to enhance the Nation’s capabilities to develop new reactor technologies through high-performance computation modeling and simulation techniques. This program shall coordinate with relevant Federal agencies through the National Strategic Computing Initiative created under Executive Order No. 13702 (July 29, 2015) while taking into account the following objectives:

changed “(1) Utilizing expertise from the private sector, universities, and National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced fission reactor systems, nuclear fusion systems, reactor systems and reactor systems for space exploration.

“(2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation.

“(3) Increasing the utility of the Department’s research infrastructure by coordinating with the Advanced Scientific Computing Research program within the Office of Science.

“(4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation.

“(5) Ensuring that new experimental and computational tools are accessible to relevant research communities.

“(b) Supportive research activities—The Secretary shall consider support for additional research activities to maximize the utility of its research facilities, including physical processes to simulate degradation of materials and behavior of fuel forms and for validation of computational tools.”

Sec. 3309 Enabling nuclear energy innovation

Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the following:

“958. Enabling nuclear energy innovation

“(a) National reactor innovation center—The Secretary shall carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. The Secretary shall leverage the technical expertise of relevant Federal agencies and National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites. Such reactors shall operate to meet the following objectives:

“(1) Enabling physical validation of novel reactor concepts.

“(2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts.

“(3) General research and development to improve nascent technologies.

changed “(b) Reporting requirement—Not later than 180 days after the date of enactment of the Nuclear Energy Innovation Capabilities Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department’s capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental advanced nuclear reactors as described under subsection (a). The report shall address the following:

“(1) The Department’s oversight capabilities, including options to leverage expertise from the Nuclear Regulatory Commission and National Laboratories.

“(2) Potential sites capable of hosting activities described under subsection (a).

“(3) The efficacy of the Department’s available contractual mechanisms to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology.

“(4) Potential cost structures related to long-term projects, including physical security, distribution of liability, and other related costs.

“(5) Other challenges or considerations identified by the Secretary.”

Sec. 3310 Budget plan

(a)
In general— Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further amended by adding at the end the following:

“959. Budget plan

“Not later than 12 months after the date of enactment of the Nuclear Energy Innovation Capabilities Act, the Department shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Department. The first shall assume constant annual funding for 10 years at the appropriated level for the Department’s civilian nuclear energy research and development for fiscal year 2016. The second shall be an unconstrained budget. The two plans shall include—

changed “(1) a prioritized list of the Department’s programs, projects, and activities to best support the development of next generation advanced nuclear energy technology;reactor technologies;

“(2) realistic budget requirements for the Department to implement sections 955(c), 957, and 958 of this Act; and

“(3) the Department’s justification for continuing or terminating existing civilian nuclear energy research and development programs.”

(b)
Report on Fusion Innovation— Not later than 6 months after the date of enactment of this title, the Secretary of the Department of Energy shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that will identify 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. In this report, the Secretary will identify budgetary requirements that would be necessary for the Department to carry out a fusion innovation initiative to accelerate research and development of these designs.

Sec. 3504 Corrections to provisions enacted by Coast Guard Authorization Acts

(a)
Short title correction— The Coast Guard Authorization Act of 2015 (Public Law 114–120) is amended by striking “Coast Guard Authorization Act of 2015” each place it appears (including in quoted material) and inserting “Coast Guard Authorization Act of 2016”.
(b)
changed Title 46, U.S.C.U.S.C—
(1)
Section 7510 of title 46, United States Code, is amended—
(A)
in subsection (c)(1)(D), by striking “engine” and inserting “engineer”; and
(B)
in subsection (c)(9), by inserting a period after “App”;
(2)
Section 4503(f)(2) of title 46, United States Code, is amended by striking “, that” and inserting “, then”.
(c)
Provisions relating to the Pribilof Islands—
(1)
Short title correction— Section 521 of the Coast Guard Authorization Act of 2016 (Public Law 114–120), as amended by subsection (a), is further amended by striking “2015” and inserting “2016”.
(2)
Conforming amendment— Section 105(e)(1) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended by striking “2015” and inserting “2016”.
(3)
Technical correction— Section 522(b)(2) of the Coast Guard Authorization Act of 2016 (Public Law 114–120), as amended by subsection (a), is further amended by striking “subsection (a)” and inserting “paragraph (1)”.
(d)
Title 14, United States Code—
(1)
Redistribution of authorizations of appropriations— Section 2702 of title 14, United States Code, is amended—
(A)
in paragraph (1)(B), by striking “$6,981,036,000” and inserting “$6,986,815,000”; and
(B)
in paragraph (3)(B), by striking “$140,016,000” and inserting “$134, 237,000”.
(2)
Clerical amendment— The analysis at the beginning of part III of title 14, United States Code, is amended by striking the period at the end of the item relating to chapter 29.
(e)
Effective date— The amendments made by this section shall take effect as if included in the enactment of Public Law 114–120.

Sec. 3510 Expedited processing of applications for transportation security cards for separating members of the Armed Forces and veterans

added
(a)
added In general— Section 70105 of title 46, United States Code, is amended by adding at the end the following:

added “(r) Expedited issuance for separating service members—The Secretary shall, using authority available under other provisions of law—

added “(1) seek to expedite processing of applications for transportation security cards under this section for members of the Armed Forces who are separating from active duty service with a discharge other than a dishonorable discharge;

added “(2) in consultation with the Secretary of Defense—

added “(A) enhance efforts of the Department of Homeland Security in assisting members of the Armed Forces who are separating from active duty service with receiving a transportation security card, including by—

added “(i) including under the Transition Assistance Program under section 1144 of title 10—

added “(I) applications for such cards; and

added “(II) a form by which such a member may grant the member’s permission for government agencies to disclose to the Department of Homeland Security findings of background investigations of such member, for consideration by the Department in processing the member’s application for a transportation security card;

added “(ii) providing opportunities for local officials of the department in which the Coast Guard is operating to partner with military installations for that purpose; and

added “(iii) ensuring that such members of the Armed Forces are aware of opportunities to apply for such cards;

added “(B) seek to educate members of the Armed Forces with competencies that are transferable to maritime industries regarding—

added “(i) opportunities for employment in such industries; and

added “(ii) the requirements and qualifications for, and duties associated with, transportation security cards; and

added “(C) cooperate with other Federal agencies to expedite the transfer to the Secretary the findings of relevant background investigations and security clearances; and

added “(3) issue or deny a transportation security card under this section for a veteran by not later than 13 days after the date of the submission of the application for the card, unless there is a substantial problem with the application that prevents compliance with this paragraph.”

(b)
added Reports— Not later than 6 months after the date of the enactment of this Act, and annually thereafter for each of the subsequent 2 years, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate describing and assessing the efforts of such department to implement the amendment made by this section.

Sec. 3511 Training under Transition Assistance Program on employment opportunities associated with transportation security cards

added
(a)
added In general— Section 1144(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(10) Acting through the Secretary of the department in which the Coast Guard is operating, provide information on career opportunities for employment available to members with transportation security cards issued under section 70105 of title 46.”

(b)
added Deadline for implementation— The program carried out under section 1144 of title 10, United States Code, shall comply with the requirements of subsection (b)(10) of such section, as added by subsection (a), by not later than 180 days after the date of the enactment of this Act.

Sec. 3512 Application of law

added

added Section 4301 of title 46, United States Code, is amended by adding at the end the following:

added “(d) For purposes of any Federal law except the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), any vessel, including a foreign vessel, being repaired or dismantled is deemed to be a recreational vessel, as defined under section 2101(25), during such repair or dismantling, if that vessel—

added “(1) shares elements of design and construction of traditional recreational vessels (as so defined); and

added “(2) when operating is not normally engaged in a military, commercial, or traditionally commercial undertaking.”

Sec. 6701 Sentencing

(a)
In general— Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended to read as follows:

“856. Art. 56. Sentencing

“(a) Sentence maximums—The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.

“(b) Sentence minimums for certain offenses

“(1) Except as provided in subsection (d) of section 853a of this title (article 53a), punishment for any offense specified in paragraph (2) shall include dismissal or dishonorable discharge, as applicable.

“(2) The offenses referred to in paragraph (1) are as follows:

“(A) Rape under subsection (a) of section 920 of this title (article 120).

“(B) Sexual assault under subsection (b) of such section (article).

“(C) Rape of a child under subsection (a) of section 920b of this title (article 120b).

“(D) Sexual assault of a child under subsection (b) of such section (article).

“(E) An attempt to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 880 of this title (article 80).

added “(F) Conspiracy to commit an offense specified in subparagraph (A), (B), (C), or (D) that is punishable under section 881 of this title (article 81).

“(c) Imposition of sentence

“(1) In general—In sentencing an accused under section 853 of this title (article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the armed forces, taking into consideration—

“(A) the nature and circumstances of the offense and the history and characteristics of the accused;

“(B) the impact of the offense on—

“(i) the financial, social, psychological, or medical well-being of any victim of the offense; and

“(ii) the mission, discipline, or efficiency of the command of the accused and any victim of the offense;

“(C) the need for the sentence—

“(i) to reflect the seriousness of the offense;

“(ii) to promote respect for the law;

“(iii) to provide just punishment for the offense;

“(iv) to promote adequate deterrence of misconduct;

“(v) to protect others from further crimes by the accused;

“(vi) to rehabilitate the accused; and

“(vii) to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service; and

“(D) the sentences available under this chapter.

“(2) Offense based sentencing in general and special courts-martial—In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the court-martial shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the court-martial shall specify whether the terms of confinement are to run consecutively or concurrently.

“(3) Sentence of confinement for life without eligibility for parole

“(A) If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole.

“(B) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—

“(i) the sentence is set aside or otherwise modified as a result of—

“(I) action taken by the convening authority or the Secretary concerned; or

“(II) any other action taken during post-trial procedure and review under any other provision of subchapter IX of this chapter;

“(ii) the sentence is set aside or otherwise modified as a result of action taken by a Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court; or

“(iii) the accused is pardoned.

“(d) Appeal of sentence by the united states

“(1) With the approval of the Judge Advocate General concerned, the Government may appeal a sentence to the Court of Criminal Appeals, on the grounds that—

“(A) the sentence violates the law; or

“(B) the sentence is plainly unreasonable.

“(2) An appeal under this subsection must be filed within 60 days after the date on which the judgment of a court-martial is entered into the record under section 860c of this title (article 60c).”

(b)
Conforming amendment— Section 856a of title 10, United States Code (article 56a of the Uniform Code of Military Justice), is repealed.

Sec. 7005 Return of Certain Lands At Fort Wingate to The Original Inhabitants Act

added
(a)
added Short title— This section may be cited as the “Return of Certain Lands At Fort Wingate to The Original Inhabitants Act”.
(b)
added Division and treatment of lands of former Fort Wingate Depot Activity, New Mexico, to benefit the Zuni Tribe and Navajo Nation—
(1)
added Immediate trust on behalf of Zuni Tribe; Exception— Subject to valid existing rights and to easements reserved pursuant to subsection (c), all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in dark blue on the map titled “The Fort Wingate Depot Activity Negotiated Property Division April 2016” (in this section referred to as the “Map”) and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Zuni Tribe as part of the Zuni Reservation, unless the Zuni Tribe otherwise elects under clause (ii) of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status.
(2)
added Immediate trust on behalf of the Navajo Nation; Exception— Subject to valid existing rights and to easements reserved pursuant to subsection (c), all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in dark green on the Map and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation otherwise elects under clause (ii) of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status.
(3)
added Subsequent transfer and trust; restricted fee status alternative—
(A)
added Transfer upon completion of remediation— Not later than 60 days after the date on which the Secretary of the Army, with the concurrence of the New Mexico Environment Department, notifies the Secretary of the Interior that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with subsection (d), the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior.
(B)
added Notification of transfer— Not later than 30 days after the date on which the Secretary of the Army transfers administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under subparagraph (A), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel.
(C)
added Trust or restricted fee status—
(i)
added Trust— Except as provided in clause (ii), the Secretary of the Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under subparagraph (A) in trust—
(I)
added for the Zuni Tribe, in the case of land depicted in blue on the Map; or
(II)
added for the Navajo Nation, in the case of land depicted in green on the Map.
(ii)
added Restricted fee status— In lieu of having a parcel of land held in trust under clause (i), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status.
(iii)
added Notification of election— Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under subparagraph (B) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under clause (ii) for conveyance of the parcel or any portion of the parcel in restricted fee status.
(iv)
added Conveyance— As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under clause (iii), but in no case later than 6 months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be.
(v)
added Restricted fee status defined— For purposes of this section only, the term restricted fee status, with respect to land conveyed under clause (iv), means that the land so conveyed—
(I)
added shall be owned in fee by the Indian tribe to whom the land is conveyed;
(II)
added shall be part of the Indian tribe’s Reservation and expressly made subject to the jurisdiction of the Indian Tribe;
(III)
added shall not be sold by the Indian tribe without the consent of Congress;
(IV)
added shall not be subject to taxation by a State or local government other than the government of the Indian tribe; and
(V)
added shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party.
(4)
added Survey and boundary requirements—
(A)
added In general— The Secretary of the Interior shall—
(i)
added provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under paragraph (1), (2), or (3); and
(ii)
added establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status.
(B)
added Consultation— Not later than 90 days after the date of the enactment of this section, the Secretary of the Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed and, to the greatest extent feasible, the Secretary shall follow these priorities.
(5)
added Relation to certain regulations— Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under paragraph (1), (2), or (3).
(6)
added Fort wingate launch complex land status— Upon certification by the Secretary of Defense that the area generally depicted as “Fort Wingate Launch Complex” on the Map is no longer required for military purposes and can be transferred to the Secretary of the Interior—
(A)
added the areas generally depicted as “FWLC A” and “FWLC B” on the Map shall be held in trust by the Secretary of the Interior for the Zuni Tribe in accordance with this subsection; and
(B)
added the areas generally depicted as “FWLC C” and “FWLC D” on the Map shall be held in trust by the Secretary of the Interior for the Navajo Nation in accordance with this subsection.
(c)
added Retention of necessary easements and access—
(1)
added Treatment of Existing Easements, Permit Rights, and Rights-of-way—
(A)
added In general— The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection (b) shall be held in trust with easements, permit rights, and rights-of-way, and access associated with such easements, permit rights, and rights-of-way, of any applicable utility service provider in existence or for which an application is pending for existing facilities at the time of the conveyance or change to trust status, including the right to upgrade applicable utility services recognized and preserved, in perpetuity and without the right of revocation (except as provided in subparagraph (B)).
(B)
added Termination— An easement, permit right, or right-of-way recognized and preserved under subparagraph (A) shall terminate only—
(i)
added on the relocation of an applicable utility service referred to in subparagraph (A), but only with respect to that portion of the utility facilities that are relocated; or
(ii)
added with the consent of the holder of the easement, permit right, or right-of-way.
(C)
added Additional easements— The Secretary of the Interior shall grant to a utility service provider, without consideration, such additional easements across lands held in trust or conveyed in restricted fee status pursuant to subsection (b) as the Secretary considers necessary to accommodate the relocation or reconnection of a utility service existing on the date of enactment of this section.
(2)
added Access for Environmental Response Actions— The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection (b) shall be subject to reserved access by the United States as the Secretary of the Army and the Secretary of the Interior determine are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative and environmental response purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all access reservations under this subsection.
(3)
added Shared access—
(A)
added Parcel 1 shared cultural and religious access— In the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within 1 year after the date of the enactment of this section, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this subparagraph. The information shall also be provided to the Secretary of the Interior.
(B)
added Other shared access— Subject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to subsection (b), including, but not limited to, religious and cultural sites.
(4)
added I–40 Frontage Road Entrance— The access road for the Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 40 and leads to the parcel of the Former Fort Wingate Depot Activity depicted as ‘‘administration area’’ on the Map, shall be held in common by the Zuni Tribe and Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity.
(5)
added Compatibility with defense activities— The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection (b) shall be subject to reservations by the United States as the Secretary of Defense determines are reasonably required to permit access to lands of the Fort Wingate launch complex for administrative, test operations, and launch operations purposes. The Secretary of Defense shall provide the governments of the Zuni Tribe and the Navajo Nation written copies of all reservations under this paragraph.
(d)
added Environmental remediation— Nothing in this section shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
(e)
added Prohibition on gaming— Any real property of the Former Fort Wingate Depot Activity and all other real property subject to this section shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

Sec. 7301 Short title

added

added This title may be cited as the “Guam World War II Loyalty Recognition Act”.

Sec. 7302 Recognition of the suffering and loyalty of the residents of Guam

added
(a)
added Recognition of the Suffering of the Residents of Guam— The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment.
(b)
added Recognition of the Loyalty of the Residents of Guam— The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II.

Sec. 7303 Guam World War II Claims Fund

added
(a)
added Establishment of fund— The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this title referred to as the “Claims Fund”) for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents in accordance with sections 7304 and 7305.
(b)
added Composition of fund— The Claims Fund established under subsection (a) shall be composed of amounts deposited into the Claims Fund under subsection (c) and any other payments made available for the payment of claims under this title.
(c)
added Payment of certain duties, taxes, and fees collected from Guam deposited into fund—
(1)
added In general— Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of—
(A)
added any amount of duties, taxes, and fees collected under such section after fiscal year 2014, over
(B)
added the amount of duties, taxes, and fees collected under such section during fiscal year 2014,
(2)
added Application— Paragraph (1) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under section 7304 have been made.
(d)
added Limitation on payments made from fund—
(1)
added In general— No payment may be made in a fiscal year under section 7304 until funds are deposited into the Claims Fund in such fiscal year under subsection (c).
(2)
added Amounts— For each fiscal year in which funds are deposited into the Claims Fund under subsection (c), the total amount of payments made in a fiscal year under section 7304 may not exceed the amount of funds available in the Claims Fund for such fiscal year.
(e)
added Deductions from fund for administrative expenses— The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 percent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this title. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts.

Sec. 7304 Payments for Guam World War II claims

added
(a)
added Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment— After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under section 7305(b)(8), the Secretary of the Treasury shall make payments, subject to the availably of appropriations, to compensable Guam victims and survivors of a compensable Guam decedents as follows:
(1)
added Compensable Guam victim— Before making any payments under paragraph (2), the Secretary shall make payments to compensable Guam victims as follows:
(A)
added In the case of a victim who has suffered an injury described in subsection (c)(2)(A), $15,000.
(B)
added In the case of a victim who is not described in subparagraph (A), but who has suffered an injury described in subsection (c)(2)(B), $12,000.
(C)
added In the case of a victim who is not described in subparagraph (A) or (B), but who has suffered an injury described in subsection (c)(2)(C), $10,000.
(2)
added Survivors of compensable Guam decedents— In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with subsection (b). The Secretary shall make payments under this paragraph only after all payments are made under paragraph (1).
(b)
added Distribution of Survivor Payments— A payment made under subsection (a)(2) to the survivors of a compensable Guam decedent shall be distributed as follows:
(1)
added In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse.
(2)
added In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
(3)
added In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares.
(4)
added In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who—
(A)
added had a parent who is living as of such date, the payment shall be made to the parent; or
(B)
added had two parents who are living as of such date, the payment shall be divided equally between the parents.
(5)
added In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made.
(c)
added Definitions— For purposes of this title:
(1)
added Compensable Guam decedent— The term “compensable Guam decedent” means an individual determined under section 7305 to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) if a timely claim had been filed under the terms of such Act.
(2)
added Compensable Guam victim— The term “compensable Guam victim” means an individual who is not deceased as of the date of the enactment of this Act and who is determined under section 7305 to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following:
(A)
added Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).
(B)
added Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns).
(C)
added Forced march, internment, or hiding to evade internment.
(3)
added Definitions of severe personal injuries and personal injuries— Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2).

Sec. 7305 Adjudication

added
(a)
added Authority of Foreign Claims Settlement Commission—
(1)
added In general— The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under section 7304.
(2)
added Rules and regulations— Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this title.
(b)
added Claims Submitted for Payments—
(1)
added Submittal of claim— For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 7304 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies.
(2)
added Filing period for claims and notice—
(A)
added Filing period— An individual filing a claim for a payment under section 7304 shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in subparagraph (B).
(B)
added Notice of filing period— Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in subparagraph (A)—
(i)
added in the Federal Register; and
(ii)
added in newspaper, radio, and television media in Guam.
(3)
added Adjudicatory decisions— The decision of the Foreign Claims Settlement Commission on each claim filed under this title shall—
(A)
added be by majority vote;
(B)
added be in writing;
(C)
added state the reasons for the approval or denial of the claim; and
(D)
added if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment.
(4)
added Deductions in payment— The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this section, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 (Public Law 79–224) before the date of the enactment of this Act.
(5)
added Interest— No interest shall be paid on payments made by the Foreign Claims Settlement Commission under section 7304.
(6)
added Limited compensation for provision of representational services—
(A)
added Limit on compensation— Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this title that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void.
(B)
added Penalties— Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both.
(7)
added Appeals and finality— Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency.
(8)
added Certifications for payment— After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under section 7304.
(9)
added Treatment of affidavits— For purposes of section 7304 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such section as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under section 7304(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought.
(10)
added Release of related claims— Acceptance of a payment under section 7304 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79–224), the implementing regulations issued by the United States Navy pursuant to such Act (Public Law 79–224), or this title.

Sec. 7306 Grants program to memorialize the occupation of Guam during World War II

added
(a)
added Establishment— Subject to subsection (b), the Secretary of the Interior shall establish a grant program under which the Secretary shall award grants for research, educational, and media activities for purposes of appropriately illuminating and interpreting the causes and circumstances of the occupation of Guam during World War II and other similar occupations during the war that—
(1)
added memorialize the events surrounding such occupation; or
(2)
added honor the loyalty of the people of Guam during such occupation.
(b)
added Eligibility— The Secretary of the Interior may not award a grant under subsection (a) unless the person seeking the grant submits an application to the Secretary for such grant, in such time, manner, and form and containing such information as the Secretary specifies.

Sec. 7307 Authorization of appropriations

added
(a)
added Guam World War II Claims Payments and Adjudication— For the purposes of carrying out sections 7304 and 7305, there is authorized to be appropriated for any fiscal year beginning after the date of enactment of this act, an amount equal to the amount deposited into the Claims Fund in a fiscal year under section 7303. Not more than 5 percent of funds make available under this subsection shall be used for administrative costs. Amounts appropriated under this section may remain available until expended.
(b)
added Guam World War II Grants Program— For purposes of carrying out section 7306, there are authorized to be appropriated $5,000,000 for each fiscal year beginning after the date of the enactment of this Act.