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[Pages S4011-S4255] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2017 On Tuesday, June 14, 2016, the Senate passed S. 2943, as amended, as follows: S. 2943 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2017''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into five divisions as follows: (1) Division A--Department of Defense Authorizations. (2) Division B--Military Construction Authorizations. (3) Division C--Department of Energy National Security Authorizations. (4) Division D--Funding Tables. (5) Division E--Uniform Code of Military Justice Reform. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT Subtitle A--Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B--Army Programs Sec. 111. Distributed Common Ground System-Army. Sec. 112. Multiyear procurement authority for UH-60M/HH-60M Black Hawk helicopters. Sec. 113. Multiyear procurement authority for AH-64E Apache helicopters. Subtitle C--Navy Programs Sec. 121. Incremental funding for detail design and construction of LHA replacement ship designated LHA 8. Sec. 122. Littoral Combat Ship. Sec. 123. Certification on ship deliveries. Sec. 124. Limitation on the use of sole source shipbuilding contracts. Sec. 125. Limitation on availability of funds for the advanced arresting gear program. Sec. 126. Limitation on procurement of USS JOHN F. KENNEDY (CVN-79) and USS ENTERPRISE (CVN-80). Sec. 127. Limitation on availability of funds for Tactical Combat Training System Increment II. Subtitle D--Air Force Programs Sec. 141. Extension of prohibition on availability of funds for retirement of A-10 aircraft. Sec. 142. Limitation on availability of funds for destruction of A-10 aircraft in storage status. Sec. 143. Repeal of the requirement to preserve certain retired C-5 aircraft. Sec. 144. Repeal of requirement to preserve F-117 aircraft in recallable condition. Sec. 145. Limitation on availability of funds for EC-130H Compass Call recapitalization program. Sec. 146. Limitation on availability of funds for Joint Surveillance Target Attack Radar System (JSTARS) recapitalization program. Subtitle E--Defense-wide, Joint and Multiservice Matters Sec. 151. Report to Congress on independent study of future mix of aircraft platforms for the Armed Forces. Sec. 152. Limitation on availability of funds for destruction of certain cluster munitions and report on Department of Defense policy and cluster munitions. Sec. 153. Medium altitude intelligence, surveillance, and reconnaissance aircraft. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A--Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B--Program Requirements, Restrictions, and Limitations Sec. 211. Modification of mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. Sec. 212. Making permanent authority for defense research and development rapid innovation program. Sec. 213. Authorization for National Defense University and Defense Acquisition University to enter into cooperative research and development agreements. Sec. 214. Manufacturing Universities Grant Program. Sec. 215. Increased micro-purchase threshold for basic research programs and activities of the Department of Defense science and technology reinvention laboratories. Sec. 216. Directed energy weapon system programs. Sec. 217. Limitation on B-21 Engineering and Manufacturing Development program funds. Sec. 218. Pilot program on disclosure of certain sensitive information to contractors performing under contracts with Department of Defense federally funded research and development centers. Sec. 219. Pilot program on enhanced interaction between the Defense Advanced Research Projects Agency and the service academies. Sec. 220. Modification of authority for use of operation and maintenance funds for unspecified minor construction projects consisting of laboratory revitalization. TITLE III--OPERATION AND MAINTENANCE Subtitle A--Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B--Energy and Environment Sec. 302. Modified reporting requirement related to installations energy management. Sec. 303. Report on efforts to reduce high energy costs at military installations. Sec. 304. Utility data management for military facilities. Sec. 305. Linear LED lamps. Subtitle C--Logistics and Sustainment Sec. 311. Deployment prioritization and readiness of Army units. [[Page S4012]] Sec. 312. Revision of guidance related to corrosion control and prevention executives. Sec. 313. Repair, recapitalization, and certification of dry docks at Naval shipyards. Subtitle D--Reports Sec. 321. Modifications to Quarterly Readiness Report to Congress. Sec. 322. Report on HH-60G sustainment and Combat Rescue Helicopter (CRH) program. Subtitle E--Other Matters Sec. 331. Repurposing and reuse of surplus military firearms. Sec. 332. Limitation on development and fielding of new camouflage and utility uniforms. Sec. 333. Hazard assessments related to new construction of obstructions on military installations. Sec. 334. Plan for modernized Air Force dedicated adversary air training enterprise. Sec. 335. Independent study to review and assess the effectiveness of the Air Force Ready Aircrew Program. Sec. 336. Mitigation of risks posed by certain window coverings with accessible cords in military housing units in which children reside. Sec. 337. Tactical explosive detection dogs. Sec. 338. STARBASE program. Sec. 339. Access to Department of Defense installations for drivers of vehicles of online transportation network companies. Sec. 340. Women's military service memorials and museums. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Personnel Sec. 401. End strengths for active forces. Subtitle B--Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Fiscal year 2017 limitation on number of non-dual status technicians. Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 416. Technical corrections to annual authorization for personnel strengths. Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy Sec. 501. Reform of distribution and authorized strength of general and flag officers. Sec. 502. Repeal of statutory specification of general or flag officer grade for various positions in the Armed Forces. Sec. 503. Temporary suspension of officer grade strength tables. Sec. 504. Enhanced authority for service credit for experience or advanced education upon original appointment as a commissioned officer. Sec. 505. Authority of promotion boards to recommend officers of particular merit be placed at the top of the promotion list. Sec. 506. Promotion eligibility period for officers whose confirmation of appointment is delayed due to nonavailability to the Senate of probative information under control of non- Department of Defense agencies. Sec. 507. Length of joint duty assignments. Sec. 508. Modification of definitions relating to joint officer management. Sec. 509. Continuation of certain officers on active duty without regard to requirement for retirement for years of service. Sec. 510. Extension of force management authorities allowing enhanced flexibility for officer personnel management. Subtitle B--Reserve Component Management Sec. 521. Authority for temporary waiver of limitation on term of service of Vice Chief of the National Guard Bureau. Sec. 522. Authority to designate certain reserve officers as not to be considered for selection for promotion. Sec. 523. Rights and protections available to military technicians. Sec. 524. Extension of suicide prevention and resilience programs for the National Guard and Reserves. Sec. 525. Inapplicability of certain laws to National Guard technicians performing active Guard and Reserve duty. Subtitle C--General Service Authorities Sec. 531. Responsibility of Chiefs of Staff of the Armed Forces for standards and qualifications for military specialties within the Armed Forces. Sec. 532. Leave matters. Sec. 533. Transfer of provision relating to expenses incurred in connection with leave canceled due to contingency operations. Sec. 534. Reduction of tenure on the temporary disability retired list. Sec. 535. Prohibition on enforcement of military commission rulings preventing members of the Armed Forces from carrying out otherwise lawful duties based on member gender. Sec. 536. Board for the Correction of Military Records and Discharge Review Board matters. Sec. 536A. Treatment by discharge review boards of claims asserting post-traumatic stress disorder or traumatic brain injury in connection with combat or sexual trauma as a basis for review of discharge. Sec. 537. Reconciliation of contradictory provisions relating to qualifications for enlistment in the reserve components of the Armed Forces. Subtitle D--Military Justice and Legal Assistance Matters PART I--Retaliation Sec. 541. Report to complainants of resolution of investigations into retaliation. Sec. 542. Training for Department of Defense personnel on sexual assault trauma in individuals claiming retaliation in connection with reports of sexual assault in the Armed Forces. Sec. 543. Inclusion in annual reports on sexual assault prevention and response efforts of the Armed Forces of information on complaints of retaliation in connection with reports of sexual assault in the Armed Forces. Sec. 544. Metrics for evaluating the efforts of the Armed Forces to prevent and respond to retaliation in connection with reports of sexual assault in the Armed Forces. PART II--Other Military Justice Matters Sec. 546. Discretionary authority for military judges to designate an individual to assume the rights of the victim of an offense under the Uniform Code of Military Justice when the victim is a minor, incompetent, incapacitated, or deceased. Sec. 547. Appellate standing of victims in enforcing rights of victims under the Uniform Code of Military Justice. Sec. 548. Effective prosecution and defense in courts-martial. Sec. 549. Pilot programs on military justice career track for judge advocates. Sec. 550. Modification of definition of sexual harassment for purposes of investigations of complaints of harassment by commanding officers. Sec. 551. Extension and clarification of annual reports regarding sexual assault involving members of the Armed Forces. Sec. 552. Expansion of authority to execute certain military instruments. Sec. 553. United States Court of Appeals for the Armed Forces. Sec. 554. Medical examination before administrative separation for members with post-traumatic stress disorder or traumatic brain injury in connection with sexual assault. Subtitle E--Member Education, Training, and Transition Sec. 561. Limitation on tuition assistance for off-duty training or education. Sec. 562. Modification of program to assist members of the Armed Forces in obtaining professional credentials. Sec. 563. Access to Department of Defense installations of institutions of higher education providing certain advising and student support services. Sec. 564. Priority processing of applications for Transportation Worker Identification Credentials for members undergoing discharge or release from the Armed Forces. Subtitle F--Defense Dependents' Education and Military Family Readiness Matters Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 572. Impact aid for children with severe disabilities. Sec. 573. Impact aid amendments. Sec. 574. One-year extension of authorities relating to the transition and support of military dependent students to local educational agencies. [[Page S4013]] Sec. 575. Comptroller General of the United States analysis of unsatisfactory conditions and overcrowding at public schools on military installations. Sec. 576. Enhanced flexibility in provision of relocation assistance to members of the Armed Forces and their families. Sec. 577. Reporting on allegations of child abuse in military families and homes. Sec. 578. Background checks for employees of agencies and schools providing elementary and secondary education for Department of Defense dependents. Sec. 579. Support for programs providing camp experience for children of military families. Sec. 580. Comptroller General of the United States report on Exceptional Family Member Programs. Sec. 581. Repeal of Advisory Council on Dependents' Education. Subtitle G--Decorations and Awards Sec. 586. Authorization for award of the Medal of Honor to Charles S. Kettles for acts of valor during the Vietnam War. Sec. 587. Authorization for award of the Medal of Honor to Gary M. Rose for acts of valor during the Vietnam War. Sec. 588. Authorization for award of the Distinguished Service Cross to Chaplain (First Lieutenant) Joseph Verbis Lafleur for acts of valor during World War II. Sec. 589. Posthumous advancement of Colonel George E. ``Bud'' Day, United States Air Force, on the retired list. Subtitle H--Miscellaneous Reports and Other Matters Sec. 591. Applicability of Military Selective Service Act to female citizens and persons. Sec. 592. Senior Military Acquisition Advisors in the Defense Acquisition Corps. Sec. 593. Annual reports on progress of the Army and the Marine Corps in integrating women into military occupational specialities and units recently opened to women. Sec. 594. Report on career progression tracks of the Armed Forces for women in combat arms units. Sec. 595. Repeal of requirement for a chaplain at the United States Air Force Academy appointed by the President. Sec. 596. Extension of limitation on reduction in number of military and civilian personnel assigned to duty with service review agencies. Sec. 597. Report on discharge by warrant officers of pilot and other flight officer positions in the Navy, Marine, Corps, and Air Force currently discharged by commissioned officers. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A--Pay and Allowances Sec. 601. Fiscal year 2017 increase in military basic pay. Sec. 602. Publication by Department of Defense of actual rates of basic pay payable to members of the Armed Forces by pay grade for annual or other pay periods. Sec. 603. Extension of authority to provide temporary increase in rates of basic allowance for housing under certain circumstances. Sec. 604. Reform of basic allowance for housing. Sec. 605. Repeal of obsolete authority for combat-related injury rehabilitation pay. Subtitle B--Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. Sec. 612. One-year extension of certain bonus and special pay authorities for health care professionals. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Sec. 616. Conforming amendment to consolidation of special pay, incentive pay, and bonus authorities. Subtitle C--Travel and Transportation Allowances Sec. 621. Maximum reimbursement amount for travel expenses of Reserves to attend inactive duty training outside or normal commuting distances. Sec. 622. Period for relocation of spouses and dependents of certain members of the Armed Forces undergoing a permanent change of station. Subtitle D--Disability Pay, Retired Pay, and Survivor Benefits PART I--Amendments in Connection With Retired Pay Reform Sec. 631. Election period for members in the service academies and inactive Reserves to participate in the modernized retirement system. Sec. 632. Effect of separation of members from the uniformed services on participation in the Thrift Savings Plan. Sec. 633. Continuation pay for members who have completed 8 to 12 years of service. Sec. 634. Combat-related special compensation coordinating amendment. Sec. 635. Sense of Congress on Roth contributions as default contributions of members of the Armed Forces participating in the Thrift Savings Plan under retired pay reform. PART II--Other Matters Sec. 641. Extension of allowance covering monthly premium for Servicemembers' Group Life Insurance while in certain overseas areas to cover members in any combat zone or overseas direct support area. Sec. 642. Use of member's current pay grade and years of service, rather than final retirement pay grade and years of service, in a division of property involving disposable retired pay. Sec. 643. Permanent extension of payment of special survivor indemnity allowances under the Survivor Benefit Plan. Sec. 644. Authority to deduct Survivor Benefit Plan premiums from combat-related special compensation when retired pay not sufficient. Sec. 645. Sense of Congress on options for members of the Armed Forces to designate payment of the death gratuity to a trust for a special needs individual. Sec. 646. Independent assessment of the Survivor Benefit Plan. Subtitle E--Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations Sec. 661. Protection and enhancement of access to and savings at commissaries and exchanges. Subtitle F--Other Matters Sec. 671. Compliance with domestic source requirements for footwear furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces. Sec. 672. Authority for payment of pay and allowances and retired and retainer pay pursuant to power of attorney. TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits Sec. 701. Reform of health care plans available under the TRICARE program. Sec. 702. Modifications of cost-sharing requirements for the TRICARE Pharmacy Benefits Program and treatment of certain pharmaceutical agents. Sec. 703. Eligibility of certain beneficiaries under the TRICARE program for participation in the Federal Employees Dental and Vision Insurance Program. Sec. 704. Coverage of medically necessary food and vitamins for digestive and inherited metabolic disorders under the TRICARE program. Sec. 705. Enhancement of use of telehealth services in military health system. Sec. 706. Evaluation and treatment of veterans and civilians at military treatment facilities. Sec. 707. Pilot program to provide health insurance to members of the reserve components of the Armed Forces. Sec. 708. Pilot program on treatment of members of the Armed Forces for post-traumatic stress disorder related to military sexual trauma. Subtitle B--Health Care Administration Sec. 721. Consolidation of the medical departments of the Army, Navy, and Air Force into the Defense Health Agency. Sec. 722. Accountability for the performance of the military health care system of certain positions in the system. Sec. 723. Selection of commanders and directors of military treatment facilities and tours of duty of commanders of such facilities. Sec. 724. Authority to convert military medical and dental positions to civilian medical and dental positions. Sec. 725. Authority to realign infrastructure of and health care services provided by military treatment facilities. [[Page S4014]] Sec. 726. Acquisition of medical support contracts for TRICARE program. Sec. 727. Authority to enter into health care contracts with certain entities to provide care under the TRICARE program. Sec. 728. Improvement of health outcomes and control of costs of health care under TRICARE program through programs to involve covered beneficiaries. Sec. 729. Establishment of centers of excellence for specialty care in the military health system. Sec. 730. Program to eliminate variability in health outcomes and improve quality of health care services delivered in military treatment facilities. Sec. 731. Establishment of advisory committees for military treatment facilities. Sec. 732. Standardized system for scheduling medical appointments at military treatment facilities. Sec. 733. Display of wait times at urgent care clinics, emergency departments, and pharmacies of military treatment facilities. Sec. 734. Improvement and maintenance of combat casualty care and trauma care skills of health care providers of Department of Defense. Sec. 735. Adjustment of medical services, personnel authorized strengths, and infrastructure in military health system to maintain readiness and core competencies of health care providers. Sec. 736. Establishment of high performance military-civilian integrated health delivery systems. Sec. 737. Contracts with private sector entities to provide certain health care services at military treatment facilities. Sec. 738. Modification of acquisition strategy for health care professional staffing services. Sec. 739. Reduction of administrative requirements relating to automatic renewal of enrollments in TRICARE Prime. Subtitle C--Reports and Other Matters Sec. 751. Pilot program on expansion of use of physician assistants to provide mental health care to members of the Armed Forces. Sec. 752. Implementation of plan to eliminate certain graduate medical education programs of Department of Defense. Sec. 753. Modification of authority of Uniformed Services University of the Health Sciences to include undergraduate and other medical education and training programs. Sec. 754. Memoranda of agreement with institutions of higher education that offer degrees in allopathic or osteopathic medicine. Sec. 755. Extension of authority for joint Department of Defense- Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 756. Prohibition on conduct of certain medical research and development projects. Sec. 757. Authorization of reimbursement by Department of Defense to entities carrying out State vaccination programs for costs of vaccines provided to covered beneficiaries. Sec. 758. Maintenance of certain reimbursement rates for care and services to treat autism spectrum disorder under demonstration program. Sec. 759. Incorporation into certain surveys by Department of Defense of questions on servicewomen experiences with family planning services and counseling. Sec. 760. Assessment of transition to TRICARE program by families of members of reserve components called to active duty and elimination of certain charges for such families. Sec. 761. Requirement to review and monitor prescribing practices at military treatment facilities of pharmaceutical agents for treatment of post-traumatic stress. Sec. 762. Report on plan to improve pediatric care and related services for children of members of the Armed Forces. Sec. 763. Comptroller General report on health care delivery and waste in military health system. Sec. 764. Treatment of certain provisions relating to limitations, transparency, and oversight regarding medical research conducted by the Department of Defense. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy Management Sec. 801. Rapid acquisition authority amendments. Sec. 802. Authority for temporary service of Principal Military Deputies to the Assistant Secretaries of the military departments for acquisition as acting Assistant Secretaries. Sec. 803. Conduct of independent cost estimation and cost analysis. Sec. 804. Modernization of services acquisition. Sec. 805. Modified notification requirement for exercise of waiver authority to acquire vital national security capabilities. Sec. 806. Repeal of temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by contractors. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Defense cost accounting standards. Sec. 812. Increased micro-purchase threshold applicable to Department of Defense procurements. Sec. 813. Enhanced competition requirements. Sec. 814. Elimination of bid and proposal costs and other expenses as allowable independent research and development costs on certain contracts. Sec. 815. Exception to requirement to include cost or price to the Government as a factor in the evaluation of proposals for certain multiple-award task or delivery order contracts. Sec. 816. Modified restrictions on undefinitized contractual actions. Sec. 817. Non-traditional contractor definition. Sec. 818. Comprehensive small business contracting plans. Sec. 819. Limitation on task and delivery order protests. Sec. 820. Modified data collection requirements applicable to procurement of services. Sec. 821. Government Accountability Office bid protest reforms. Sec. 822. Report on bid protests. Sec. 823. Treatment of side-by-side testing of certain equipment, munitions, and technologies manufactured and developed under cooperative research and development agreements as use of competitive procedures. Sec. 824. Defense Acquisition Challenge Program. Sec. 825. Use of Lowest Price Technically Acceptable source selection process. Sec. 826. Penalties for the use of cost-type contracts. Sec. 827. Preference for fixed-price contracts. Sec. 828. Requirement to use firm fixed-price contracts for foreign military sales. Sec. 829. Preference for performance-based contractual payments. Sec. 829A. Share-in-savings contracts. Sec. 829B. Competitive procurement and phase out of rocket engines from the Russian Federation in the evolved expendable launch vehicle program for space launch of national security satellites. Sec. 829C. Special emergency procurement authority to facilitate the defense against or recovery from a cyber, nuclear, biological, chemical, or radiological attack. Sec. 829D. Limitation on use of reverse auction and lowest price technically acceptable contracting methods. Sec. 829E. Avoidance of use of brand names or brand-name or equivalent descriptions in solicitations. Sec. 829F. Sunset and repeal of certain contracting provisions. Sec. 829G. Flexibility in contracting award program. Sec. 829H. Products and services purchased through contracting program for firms that hire the severely disabled. Sec. 829I. Applicability of Executive Order 13673 ``Fair Pay and Safe Workplaces'' to Department of Defense contractors. Sec. 829J. Contract closeout authority. Sec. 829K. Closeout of old Navy contracts. Subtitle C--Provisions Relating to Major Defense Acquisition Programs Sec. 831. Repeal of major automated information systems provisions. Sec. 832. Revisions to definition of major defense acquisition program. Sec. 833. Acquisition strategy. Sec. 834. Improved life cycle cost control. Sec. 835. Modification of certain Milestone B certification requirements. Sec. 836. Disclosure of risk in cost estimates. Sec. 837. Authority to designate increments or blocks of items delivered under major defense acquisition programs as major subprograms for purposes of acquisition reporting. Sec. 838. Counting of major defense acquisition program subcontracts toward small business goals. Sec. 839. Use of economy-wide inflation index to calculate percentage increase in unit costs. [[Page S4015]] Sec. 840. Waiver of notification when acquiring tactical missiles and munitions above the budgeted quantity. Sec. 841. Multiple program multiyear contract pilot demonstration program. Sec. 842. Key Performance Parameter reduction pilot program. Sec. 843. Mission and system of systems interoperability. Sec. 844. B-21 bomber development program baseline and cost control. Subtitle D--Provisions Relating to Acquisition Workforce Sec. 851. Improvement of program and project management by the Department of Defense. Sec. 852. Authority to waive tenure requirement for program managers for program definition and program execution periods. Sec. 853. Enhanced use of data analytics to improve acquisition program outcomes. Sec. 854. Purposes for which the Department of Defense Acquisition Workforce Development Fund may be used. Subtitle E--Provision Related to Commercial Items Sec. 861. Inapplicability of certain laws and regulations to the acquisition of commercial items and commercially available off-the-shelf items. Sec. 862. Department of Defense exemptions from certain regulations. Sec. 863. Use of performance and commercial specifications in lieu of military specifications and standards. Sec. 864. Preference for commercial services. Sec. 865. Treatment of items purchased by prospective contractors prior to release of prime contract requests for proposals as commercial items. Sec. 866. Treatment of services provided by nontraditional contractors as commercial items. Sec. 867. Use of non-cost contracts to acquire commercial items. Sec. 868. Pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation competitive procedures. Subtitle F--Industrial Base Matters Sec. 871. Greater Integration of the National Technical Industrial Base. Sec. 872. Integration of civil and military roles in attaining national technology and industrial base objectives. Sec. 873. Distribution support and services for weapon systems contractors. Sec. 874. Permanency of Department of Defense SBIR and STTR programs. Sec. 875. Modified requirements for distribution of assistance under procurement technical assistance cooperative agreements. Sec. 876. Nontraditional and small disruptive innovation prototyping program. Subtitle G--International Contracting Matters Sec. 881. International sales process improvements. Sec. 882. Working capital fund for precision guided munitions exports in support of contingency operations. Sec. 883. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 884. Clarification of treatment of contracts performed outside the United States. Sec. 885. Enhanced authority to acquire products and services produced in Africa in support of covered activities. Sec. 886. Maintenance of prohibition on procurement by Department of Defense of People's Republic of China-origin items that meet the definition of goods and services controlled as munitions items when moved to the ``600 series'' of the Commerce Control List. Subtitle H--Other Matters Sec. 891. Contractor business system requirements. Sec. 892. Authority to provide reimbursable auditing services to certain non-Defense Agencies. Sec. 893. Improved management practices to reduce cost and improve performance of certain Department of Defense organizations. Sec. 894. Director of Developmental Test and Evaluation. Sec. 895. Exemption from requirement for capital planning and investment control for information technology equipment included as integral part of a weapon or weapon system. Sec. 896. Modifications to pilot program for streamlining awards for innovative technology projects. Sec. 897. Enhancement of electronic warfare capabilities. Sec. 898. Improved transparency and oversight over Department of Defense research, development, test, and evaluation efforts and procurement activities related to medical research. Sec. 899. Extension of enhanced transfer authority for technology developed at Department of Defense laboratories. Sec. 899A. Rapid prototyping funds for the military services. Sec. 899B. Defense Modernization Account. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters Sec. 901. Under Secretary of Defense for Research and Engineering and related acquisition position in the Office of the Secretary of Defense. Sec. 902. Qualifications for appointment of the Secretaries of the military departments. Sec. 903. Establishment of Assistant Secretary of Defense for Information (Chief Information Officer) in Office of Secretary of Defense. Sec. 904. Reduction in maximum number of personnel in Office of the Secretary of Defense and other Department of Defense headquarters offices. Sec. 905. Limitations on funds used for staff augmentation contracts at management headquarters of the Department of Defense and the military departments. Sec. 906. Unit within the Office of the Secretary of Defense supporting achievement of results in Department of Defense management reform and business transformation efforts. Subtitle B--Combatant Command Matters Sec. 921. Joint Chiefs of Staff and related combatant command matters. Sec. 922. Delegation to Chairman of Joint Chiefs of Staff of authority to direct transfer of forces. Sec. 923. Organization of the Department of Defense for management of special operations forces and special operations. Sec. 924. Pilot program on organization of subordinate commands of a unified combatant command as joint task forces. Sec. 925. Expansion of eligibility for deputy commander of combatant command having United States among geographic area of responsibility to include officers of the Reserves. Subtitle C--Organization and Management of Other Department of Defense Offices and Elements Sec. 941. Organizational strategy for the Department of Defense. Sec. 942. Department of Defense management overview by the Secretary of Defense. Sec. 943. Modification of composition and mission of Joint Requirements Oversight Council. Sec. 944. Enhanced personnel management authorities for the Chief of the National Guard Bureau. Sec. 945. Management of defense clandestine human intelligence collection. Sec. 946. Repeal of Financial Management Modernization Executive Committee. Sec. 947. Reorganization and redesignation of Office of Family Policy and Office of Community Support for Military Families with Special Needs. Sec. 948. Pilot programs on waiver of applicability of rules and regulations to Department of Defense science and technology reinvention laboratories and DARPA to improve operations and personnel management. Sec. 949. Redesignation of Assistant Secretary of the Air Force for Acquisition as Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics. Subtitle D--Whistleblower Protections for Members of the Armed Forces Sec. 961. Improvements to whistleblower protection procedures. Sec. 962. Modification of whistleblower protection authorities to restrict contrary findings of prohibited personnel action by the Secretary concerned. Sec. 963. Improvements to authorities and procedures for the correction of military records. Sec. 964. Comptroller General of the United States review of integrity of Department of Defense whistleblower program. Subtitle E--Other Matters Sec. 971. Modification of requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing. [[Page S4016]] Sec. 972. Modification of authority of the Secretary of Defense relating to protection of the Pentagon Reservation and other Department of Defense facilities in the National Capital Region. Sec. 973. Enhanced security programs for Department of Defense personnel and innovation initiatives. TITLE X--GENERAL PROVISIONS Subtitle A--Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Increased use of commercial data integration and analysis products for the purpose of preparing financial statement audits. Sec. 1003. Sense of Senate on sequestration. Subtitle B--Counter-Drug Activities Sec. 1006. Codification and modification of authority to provide support for counter-drug activities and activities to counter transnational organized crime of civilian law enforcement agencies. Sec. 1007. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia. Subtitle C--Naval Vessels and Shipyards Sec. 1011. Availability of funds for retirement or inactivation of cruisers or dock landing ships. Sec. 1012. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms. Subtitle D--Counterterrorism Sec. 1021. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1022. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1022A. Prohibition on reprogramming requests for funds for transfer or release, or construction for transfer or release, of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1023. Designing and planning related to construction of certain facilities in the United States. Sec. 1024. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment. Sec. 1025. Authority for article III judges to take certain actions relating to individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1026. Extension of prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1027. Matters on memorandum of understanding between the United States and governments of receiving foreign countries and entities in certifications on transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1028. Limitation on transfer of detainees at United States Naval Station, Guantanamo Bay, Cuba, pending a report on their terrorist actions and affiliations. Sec. 1029. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to countries covered by Department of State travel warnings. Sec. 1030. Extension of prohibition on use of funds for realignment of forces at or closure of United States Naval Station, Guantanamo Bay, Cuba. Subtitle E--Assured Access to Space Sec. 1036. Restrictions on use of rocket engines from the Russian Federation for space launch of national security satellites. Sec. 1037. Limitation on use of rocket engines from the Russian Federation to achieve assured access to space. Sec. 1038. Repeal of provision permitting the use of rocket engines from the Russian Federation for the evolved expendable launch vehicle program. Subtitle F--Miscellaneous Authorities and Limitations Sec. 1041. Assigned forces of the combatant commands. Sec. 1042. Quadrennial independent review of United States military strategy and force posture in the United States Pacific Command area of responsibility. Sec. 1043. Designation of a Department of Defense Strategic Arctic Port. Sec. 1044. Modification of requirements regarding notifications to Congress on sensitive military operations. Sec. 1045. Reconnaissance Strike Group matters. Sec. 1046. Transition of Air Force to operation of remotely piloted aircraft by enlisted personnel. Sec. 1047. Prohibition on divestment of Marine Corps Search and Rescue Units. Sec. 1048. Modification of requirements relating to management of military technicians. Sec. 1049. Support for the Associate Director of the Central Intelligence Agency for Military Affairs. Sec. 1050. Enhancement of interagency support during contingency operations and transition periods. Sec. 1051. Enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense. Sec. 1052. Notification on the provision of defense sensitive support. Sec. 1053. Modification of authority to transfer Department of Defense property for law enforcement activities. Sec. 1054. Exemption of information on military tactics, techniques, and procedures from release under Freedom of Information Act. Sec. 1055. Treatment of certain sensitive information by State and local governments. Sec. 1056. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to certain persons. Sec. 1057. Sense of the Senate on development and fielding of fifth generation airborne systems. Sec. 1058. Technical and conforming amendments. Subtitle G--National Commission on Military, National, and Public Service Sec. 1066. Purpose and scope. Sec. 1067. National Commission on Military, National, and Public Service. Sec. 1068. Commission hearings and meetings. Sec. 1069. Principles and procedure for Commission recommendations. Sec. 1070. Executive Director and staff. Sec. 1071. Judicial review precluded. Sec. 1072. Termination. Sec. 1073. Funding. Subtitle H--Studies and Reports Sec. 1076. Annual reports on unfunded priorities of the Armed Forces and the combatant commands. Sec. 1077. Assessment of the joint ground forces of the Armed Forces. Sec. 1078. Report on independent assessment of the force structure of the Armed Forces to meet the national defense strategy. Sec. 1079. Annual report on observation flights over the United States under the Open Skies Treaty. Sec. 1080. Reports on programs managed under alternative compensatory control measures in the Department of Defense. Sec. 1081. Requirement for notice and reporting to Committees on Armed Services on certain expenditures of funds by Defense Intelligence Agency. Sec. 1082. Repeal of Department of Defense reporting requirements for which statutory requirement is from an amendment made by an annual national defense authorization Act. Sec. 1083. Repeal of Department of Defense reporting requirements for which statutory requirement is specified in an annual national defense authorization Act. Sec. 1084. Repeal of requirements relating to efficiencies plan for the civilian personnel workforce and service contractor workforce of the Department of Defense. Sec. 1085. Report on priorities for bed downs, basing criteria, and special mission units for C-130J aircraft of the Air Force. Subtitle I--Other Matters Sec. 1086. Military service management of F-35 Joint Strike Fighter program. Sec. 1087. Treatment of follow-on modernization for the F-35 joint strike fighter as a major defense acquisition program. Sec. 1088. Reduction in minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained. Sec. 1089. Streamlining of the National Security Council. Sec. 1090. Form of annual national security strategy report. Sec. 1091. Border security metrics. Sec. 1092. Consolidation of marketing of the Army within the Army Marketing Research Group. Sec. 1093. Protection against misuse of Naval Special Warfare Command insignia. Sec. 1094. Program to commemorate the 100th anniversary of the Tomb of the Unknown Soldier. Sec. 1095. Sense of Congress regarding the OCONUS basing of the KC-46A aircraft. [[Page S4017]] Sec. 1096. Replacement of quadrennial defense review with national defense strategy. Sec. 1097. Project management. TITLE XI--CIVILIAN PERSONNEL MATTERS Subtitle A--Department of Defense Matters Generally Sec. 1101. Civilian personnel management. Sec. 1102. Repeal of requirement for annual strategic workforce plan for the Department of Defense. Sec. 1103. Temporary and term appointments in the competitive service in the Department of Defense. Sec. 1104. Personnel authorities related to the defense acquisition workforce. Sec. 1105. Direct hire authority for financial management experts in the Department of Defense workforce. Sec. 1106. Direct-hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1107. Public-private talent exchange. Sec. 1108. Training for employment personnel of Department of Defense on matters relating to authorities for recruitment and retention at United States Cyber Command. Sec. 1109. Increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense. Sec. 1110. Repeal of certain basis for appointment of a retired member of the Armed Forces to Department of Defense position within 180 days of retirement. Sec. 1111. Pilot programs on career sabbaticals for Department of Defense civilian employees. Sec. 1112. Limitation on number of SES employees. Sec. 1113. No time limitation for appointment of relocating military spouses. Subtitle B--Department of Defense Science and Technology Laboratories and Related Matters Sec. 1121. Permanent personnel management authority for the Department of Defense for experts in science and engineering. Sec. 1122. Permanent extension and modification of temporary authorities for certain positions at Department of Defense research and engineering laboratories. Sec. 1123. Direct hire authority for scientific and engineering positions for test and evaluation facilities of the Major Range and Test Facility Base. Sec. 1124. Permanent authority for the temporary exchange of information technology personnel. Sec. 1125. Pilot program on enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of the Department of Defense. Sec. 1126. Discharge of certain authorities to conduct personnel demonstration projects. Subtitle C--Government-Wide Matters Sec. 1131. Expansion of personnel flexibilities relating to land management agencies to include all agencies. Sec. 1132. Direct hiring for Federal wage schedule employees. Sec. 1133. Appointment authority for uniquely qualified prevailing rate employees. Sec. 1134. Limitation on preference eligible hiring preferences for permanent employees in the competitive service. Sec. 1135. Authority for advancement of pay for certain employees relocating within the United States and its territories. Sec. 1136. Elimination of the foreign exemption provision in regard to overtime for federal civilian employees temporarily assigned to a foreign area. Sec. 1137. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Subtitle D--Other Matters Sec. 1151. Modification of flat rate per diem requirement for personnel on long-term temporary duty assignments. Sec. 1152. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. TITLE XII--MATTERS RELATING TO FOREIGN NATIONS Subtitle A--Assistance and Training Sec. 1201. Three-year extension of Commanders' Emergency Response Program. Sec. 1202. Increase in size of the Special Defense Acquisition Fund. Sec. 1203. Codification of authority for support of special operations to combat terrorism. Sec. 1204. Prohibition on use of funds to invite, assist, or otherwise assure the participation of Cuba in certain joint or multilateral exercises. Subtitle B--Matters Relating to Afghanistan and Pakistan Sec. 1211. Extension and modification of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. Sec. 1212. Modification of authority for reimbursement of certain coalition nations for support. Sec. 1213. Prohibition on use of funds for certain programs and projects of the Department of Defense in Afghanistan that cannot be safely accessed by United States Government personnel. Sec. 1214. Reimbursement of Pakistan for security enhancement activities. Sec. 1215. Improvement of oversight of United States Government efforts in Afghanistan. Subtitle C--Matters Relating to Syria and Iraq Sec. 1221. Extension and modification of authority to provide assistance to the vetted Syrian opposition. Sec. 1222. Extension of authority to provide assistance to counter the Islamic State of Iraq and the Levant. Sec. 1223. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq. Subtitle D--Matters Relating to Iran Sec. 1226. Additional elements in the annual report on the military power of Iran. Subtitle E--Matters Relating to the Russian Federation Sec. 1231. Extension and enhancement of Ukraine Security Assistance Initiative. Sec. 1232. Extension and modification of authority on training for Eastern European national military forces in the course of multilateral exercises. Sec. 1233. Additional matters in annual report on military and security developments involving the Russian Federation. Sec. 1234. European investment in security and stability. Sec. 1235. Sense of Senate on European Deterrence Initiative. Subtitle F--Matters Relating to Asia-Pacific Region Sec. 1241. Annual update of Department of Defense Freedom of Navigation Report. Sec. 1242. Inclusion of the Philippines among allied countries with whom United States may enter into cooperative military airlift agreements. Sec. 1243. Military exchanges between the United States and Taiwan. Sec. 1244. Sense of Senate on Taiwan. Sec. 1245. Sense of Senate on enhancement of the military relationship between the United States and Vietnam. Sec. 1246. Redesignation of South China Sea Initiative. Sec. 1247. Military-to-military exchanges with India. Subtitle G--Reform of Department of Defense Security Cooperation Sec. 1251. Sense of Congress on security sector assistance. Sec. 1252. Enactment of new chapter for defense security cooperation. Sec. 1253. Military-to-military exchanges. Sec. 1254. Consolidation and revision of authorities for payment of personnel expenses necessary for theater security cooperation. Sec. 1255. Transfer and revision of authority on payment of expenses in connection with training and exercises with friendly foreign forces. Sec. 1256. Transfer and revision of authority to provide operational support to forces of friendly foreign countries. Sec. 1257. Department of Defense State Partnership Program. Sec. 1258. Modification of Regional Defense Combating Terrorism Fellowship Program. Sec. 1259. Consolidation of authorities for service academy international engagement. Sec. 1260. Security Cooperation Enhancement Fund. Sec. 1261. Consolidation and standardization of reporting requirements relating to security cooperation authorities. Sec. 1262. Requirement for submittal of consolidated annual budget for security cooperation programs and activities of the Department of Defense. Sec. 1263. Department of Defense security cooperation workforce development. Sec. 1264. Coordination between Department of Defense and Department of State on certain security cooperation and security assistance programs and activities. [[Page S4018]] Sec. 1265. Repeal of superseded, obsolete, or duplicative statutes relating to security cooperation authorities. Subtitle H--Miscellaneous Reports and Other Matters Sec. 1271. Free trade agreements with sub-Saharan African countries. Sec. 1272. Extension and expansion of authority to support border security operations of certain foreign countries. Sec. 1273. Modification and clarification of United States-Israel anti- tunnel cooperation authority. Sec. 1274. Modification to and extension of authorization of non- conventional assisted recovery capabilities. Sec. 1275. Assessment of proliferation of certain remotely piloted aircraft systems. Sec. 1276. Efforts to end modern slavery. Sec. 1277. Sense of Congress on commitment to the Republic of Palau. Subtitle I--Human Rights Sanctions Sec. 1281. Short title. Sec. 1282. Definitions. Sec. 1283. Authorization of imposition of sanctions. Sec. 1284. Reports to Congress. TITLE XIII--COOPERATIVE THREAT REDUCTION Sec. 1301. Specification of Cooperative Threat Reduction funds. Sec. 1302. Funding allocations. TITLE XIV--OTHER AUTHORIZATIONS Subtitle A--Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Sec. 1406. Security Cooperation Enhancement Fund. Subtitle B--National Defense Stockpile Sec. 1411. National Defense Stockpile matters. Sec. 1412. Authority to dispose of certain materials from and to acquire additional materials for the National Defense Stockpile. Subtitle C--Chemical Demilitarization Matters Sec. 1421. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama. Sec. 1422. National Academies of Sciences study on conventional munitions demilitarization alternative technologies. Subtitle D--Other Matters Sec. 1431. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1432. Authorization of appropriations for Armed Forces Retirement Home. TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A--Authorization of Appropriations Sec. 1501. Purpose. Sec. 1502. Overseas contingency operations. Sec. 1503. Procurement. Sec. 1504. Research, development, test, and evaluation. Sec. 1505. Operation and maintenance. Sec. 1506. Military personnel. Sec. 1507. Working capital funds. Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1509. Defense Inspector General. Sec. 1510. Defense Health Program. Sec. 1511. Security Cooperation Enhancement Fund. Subtitle B--Financial Matters Sec. 1521. Treatment as additional authorizations. Sec. 1522. Special transfer authority. Subtitle C--Limitations, Reports, and Other Matters Sec. 1531. Joint Improvised Explosive Device Defeat Fund. Sec. 1532. Extension and modification of authorities on Counterterrorism Partnerships Fund. Sec. 1533. Afghanistan Security Forces Fund. TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS Subtitle A--Space Activities Sec. 1601. Requirement that pilot program for acquisition of commercial satellite communication services demonstrate order-of- magnitude improvements in satellite communications capabilities. Sec. 1602. Plan for use of allied launch vehicles. Sec. 1603. Long-term strategy on electromagnetic spectrum for warfare. Sec. 1604. Five-year plan for Joint Interagency Combined Space Operations Center. Sec. 1605. Independent assessment of Global Positioning System Next Generation Operational Control System. Sec. 1606. Government Accountability Office assessment of satellite acquisition by National Reconnaissance Office. Sec. 1607. Cost-benefit analysis of commercial use of excess ballistic missile solid rocket motors. Sec. 1608. Assessment of cost-benefit analyses by Department of Defense of use of KA-band commercial satellite communications. Sec. 1609. Limitation on use of funds for Joint Space Operations Center Mission System. Sec. 1610. Limitation on availability of fiscal year 2017 funds for the Global Positioning System Next Generation Operational Control System. Sec. 1611. Availability of certain amounts to meet requirements in connection with United States policy on assured access to space. Sec. 1612. Availability of funds for certain secure voice conferencing capabilities. Subtitle B--Defense Intelligence and Intelligence-Related Activities Sec. 1621. Department of Defense-wide requirements for security clearances for military intelligence officers. Subtitle C--Cyber Warfare, Cybersecurity, and Related Matters Sec. 1631. Cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack. Sec. 1632. Cyber Mission Forces matters. Sec. 1633. Limitation on ending of arrangement in which the Commander of the United States Cyber Command is also Director of the National Security Agency. Sec. 1634. Pilot program on application of consequence-driven, cyber- informed engineering to mitigate against cybersecurity threats to operating technologies of military installations. Sec. 1635. Evaluation of cyber vulnerabilities of F-35 aircraft and support systems. Sec. 1636. Review and assessment of technology strategy and development at Defense Information Systems Agency. Sec. 1637. Evaluation of cyber vulnerabilities of Department of Defense critical infrastructure. Sec. 1638. Plan for information security continuous monitoring capability and comply-to-connect policy. Sec. 1639. Report on authority delegated to Secretary of Defense to conduct cyber operations. Sec. 1640. Deterrence of adversaries in cyberspace. Subtitle D--Nuclear Forces Sec. 1651. Procurement authority for certain parts of intercontinental ballistic missile fuzes. Sec. 1652. Modification of report on activities of the Council on Oversight of the National Leadership Command, Control, and Communications System. Sec. 1653. Review by Comptroller General of the United States of recommendations relating to nuclear enterprise of Department of Defense. Sec. 1654. Sense of Congress on nuclear deterrence. Sec. 1655. Expedited decision with respect to securing land-based missile fields. Subtitle E--Missile Defense Programs Sec. 1661. Required testing by Missile Defense Agency of ground-based midcourse defense element of ballistic missile defense system. Sec. 1662. Iron Dome short-range rocket defense system codevelopment and coproduction. Sec. 1663. Non-terrestrial missile defense intercept and defeat capability for the ballistic missile defense system. Sec. 1664. Review of pre-launch missile defense strategy. Sec. 1665. Modification of national missile defense policy. Sec. 1666. Extension of prohibitions on providing certain missile defense information to the Russian Federation. Subtitle F--Other Matters Sec. 1671. Survey and review of Defense Intelligence Enterprise. Sec. 1672. Milestone A decision for the Conventional Prompt Global Strike Weapons System. Sec. 1673. Cyber Center for Education and Innovation and National Cryptologic Museum. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. [[Page S4019]] TITLE XXI--ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2105. Extension of authorizations of certain fiscal year 2013 projects. Sec. 2106. Extension of authorizations of certain fiscal year 2014 projects. TITLE XXII--NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2206. Extension of authorizations of certain fiscal year 2013 projects. Sec. 2207. Extension of authorizations of certain fiscal year 2014 projects. TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out certain fiscal year 2016 project. Sec. 2306. Extension of authorizations of certain fiscal year 2014 projects. TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized energy conservation projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2405. Extension of authorizations of certain fiscal year 2013 projects. Sec. 2406. Extension of authorizations of certain fiscal year 2014 projects. TITLE XXV--INTERNATIONAL PROGRAMS Subtitle A--North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B--Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Subtitle A--Project Authorizations and Authorization of Appropriations Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Subtitle B--Other Matters Sec. 2611. Modification of authority to carry out certain fiscal year 2014 project. Sec. 2612. Modification of authority to carry out certain fiscal year 2015 project. Sec. 2613. Extension of authorization of certain fiscal year 2013 project. Sec. 2614. Extension of authorizations of certain fiscal year 2014 projects. Sec. 2615. Report on replacement of security forces and communications training facility at Frances S. Gabreski Air National Guard Base, New York. TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A--Military Construction Program and Military Family Housing Changes Sec. 2801. Extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Sec. 2802. Limited authority for scope of work increase. Sec. 2803. Permanent authority for acceptance and use of contributions for certain construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces. Subtitle B--Real Property and Facilities Administration Sec. 2811. Authority to carry out military construction projects for energy resiliency and security projects not previously authorized. Sec. 2812. Authority of the Secretary concerned to accept lessee improvements at Government-owned/contractor-operated industrial plants or facilities. Sec. 2813. Treatment of insured depository institutions operating on land leased from military installations. Subtitle C--Land Conveyances Sec. 2821. Land acquisitions, Arlington County, Virginia. Sec. 2822. Land conveyance, Campion Air Force Radar Station, Galena, Alaska. Sec. 2823. Land conveyance, High Frequency Active Auroral Research Program facility and adjacent property, Gakona, Alaska. Sec. 2824. Transfer of Fort Belvoir Mark Center Campus from the Secretary of the Army to the Secretary of Defense and applicability of certain provisions of law relating to the Pentagon Reservation. Sec. 2825. Transfer of administrative jurisdictions, Navajo Army Depot, Arizona. Sec. 2826. Lease, Joint Base Elmendorf-Richardson, Alaska. Subtitle D--Utah Land Withdrawals and Exchanges. PART I--Authorization for Temporary Closure of Certain Public Land Adjacent to the Utah Test and Training Range Sec. 2831. Short title. Sec. 2832. Definitions. Sec. 2833. Memorandum of agreement. Sec. 2834. Temporary closures. Sec. 2835. Liability. Sec. 2836. Community resource advisory group. Sec. 2837. Savings clauses. PART II--Bureau of Land Management Land Exchange With State of Utah Sec. 2841. Definitions. Sec. 2842. Exchange of federal land and non-federal land. Sec. 2843. Status and management of non-federal land acquired by the United States. Sec. 2844. Hazardous materials. Subtitle E--Other Matters Sec. 2851. Certification of optimal location for 4th and 5th generation combat aircraft basing and for rotation of forces at Naval Air Station El Centro or Marine Corps Air Station Kaneohe Bay. Sec. 2852. Replenishment of Sierra Vista Subwatershed regional aquifer, Arizona. TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION Sec. 2901. Authorized Navy construction and land acquisition projects. Sec. 2902. Authorized Air Force construction and land acquisition projects. Sec. 2903. Authorization of appropriations. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A--National Security Programs Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B--Program Authorizations, Restrictions, and Limitations Sec. 3111. Common financial systems for the nuclear security enterprise. Sec. 3112. Industry best practices in operations at National Nuclear Security Administration facilities and sites. Sec. 3113. Limitation on acceleration of dismantlement of retired nuclear weapons. Sec. 3114. Contract for mixed-oxide fuel fabrication facility construction project. Sec. 3115. Unavailability for general and administrative overhead costs of amounts specified for certain laboratories for laboratory-directed research and development. Sec. 3116. Increase in certain limitations applicable to funds for conceptual and construction design of the Department of Energy. Subtitle C--Plans and Reports Sec. 3121. Estimate of total life cycle cost of tank waste cleanup at Hanford Reservation. [[Page S4020]] Sec. 3122. Analysis of approaches for supplemental treatment of low- activity waste at Hanford Nuclear Reservation. Sec. 3123. Analyses of options for disposal of high-level radioactive waste. Sec. 3124. Elimination of duplication in reviews by Comptroller General of the United States. Sec. 3125. Repeal of requirement for Comptroller General of the United States report on the program on scientific engagement for nonproliferation. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. TITLE XXXIII--FEDERAL AVIATION ADMINISTRATION THIRD CLASS MEDICAL REFORM AND GENERAL AVIATION PILOT PROTECTIONS Sec. 3301. Short title. Sec. 3302. Medical certification of certain small aircraft pilots. Sec. 3303. Expansion of Pilot's Bill of Rights. Sec. 3304. Limitations on reexamination of certificate holders. Sec. 3305. Expediting updates to NOTAM program. Sec. 3306. Accessibility of certain flight data. Sec. 3307. Authority for legal counsel to issue certain notices. TITLE XXXV--MARITIME ADMINISTRATION Sec. 3501. Maritime Administration. Sec. 3502. National security floating dry docks. DIVISION D--FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. TITLE XLI--PROCUREMENT Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. TITLE XLIII--OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. TITLE XLIV--MILITARY PERSONNEL Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. TITLE XLV--OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. TITLE XLVI--MILITARY CONSTRUCTION Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. DIVISION E--UNIFORM CODE OF MILITARY JUSTICE REFORM Sec. 5001. Short title. TITLE LI--GENERAL PROVISIONS Sec. 5101. Definitions. Sec. 5102. Clarification of persons subject to UCMJ while on inactive- duty training. Sec. 5103. Staff judge advocate disqualification due to prior involvement in case. Sec. 5104. Conforming amendment relating to military magistrates. Sec. 5105. Rights of victim. TITLE LII--APPREHENSION AND RESTRAINT Sec. 5121. Restraint of persons charged. Sec. 5122. Modification of prohibition of confinement of members of the Armed Forces with enemy prisoners and certain others. TITLE LIII--NON-JUDICIAL PUNISHMENT Sec. 5141. Modification of confinement as non-judicial punishment. TITLE LIV--COURT-MARTIAL JURISDICTION Sec. 5161. Courts-martial classified. Sec. 5162. Jurisdiction of general courts-martial. Sec. 5163. Jurisdiction of special courts-martial. Sec. 5164. Summary court-martial as non-criminal forum. TITLE LV--COMPOSITION OF COURTS-MARTIAL Sec. 5181. Technical amendment relating to persons authorized to convene general courts-martial. Sec. 5182. Who may serve on courts-martial and related matters. Sec. 5183. Number of court-martial members in capital cases. Sec. 5184. Detailing, qualifications, and other matters relating to military judges. Sec. 5185. Qualifications of trial counsel and defense counsel. Sec. 5186. Assembly and impaneling of members and related matters. Sec. 5187. Military magistrates. TITLE LVI--PRE-TRIAL PROCEDURE Sec. 5201. Charges and specifications. Sec. 5202. Proceedings conducted before referral. Sec. 5203. Preliminary hearing required before referral to general court-martial. Sec. 5204. Disposition guidance. Sec. 5205. Advice to convening authority before referral for trial. Sec. 5206. Service of charges and commencement of trial. TITLE LVII--TRIAL PROCEDURE Sec. 5221. Duties of assistant defense counsel. Sec. 5222. Sessions. Sec. 5223. Technical amendment relating to continuances. Sec. 5224. Conforming amendments relating to challenges. Sec. 5225. Statute of limitations. Sec. 5226. Former jeopardy. Sec. 5227. Pleas of the accused. Sec. 5228. Subpoena and other process. Sec. 5229. Refusal of person not subject to UCMJ to appear, testify, or produce evidence. Sec. 5230. Contempt. Sec. 5231. Depositions. Sec. 5232. Admissibility of sworn testimony by audiotape or videotape from records of courts of inquiry. Sec. 5233. Conforming amendment relating to defense of lack of mental responsibility. Sec. 5234. Voting and rulings. Sec. 5235. Votes required for conviction, sentencing, and other matters. Sec. 5236. Findings and sentencing. Sec. 5237. Plea agreements. Sec. 5238. Record of trial. TITLE LVIII--SENTENCES Sec. 5261. Sentencing. Sec. 5262. Effective date of sentences. Sec. 5263. Sentence of reduction in enlisted grade. Sec. 5264. Repeal of sentence reduction provision when interim guidance takes effect. TITLE LIX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL Sec. 5281. Post-trial processing in general and special courts-martial. Sec. 5282. Limited authority to act on sentence in specified post-trial circumstances. Sec. 5283. Post-trial actions in summary courts-martial and certain general and special courts-martial. Sec. 5284. Entry of judgment. Sec. 5285. Waiver of right to appeal and withdrawal of appeal. Sec. 5286. Appeal by the United States. Sec. 5287. Rehearings. Sec. 5288. Judge advocate review of finding of guilty in summary court- martial. Sec. 5289. Transmittal and review of records. Sec. 5290. Courts of Criminal Appeals. Sec. 5291. Review by Court of Appeals for the Armed Forces. Sec. 5292. Supreme Court review. Sec. 5293. Review by Judge Advocate General. Sec. 5294. Appellate defense counsel in death penalty cases. Sec. 5295. Authority for hearing on vacation of suspension of sentence to be conducted by qualified judge advocate. Sec. 5296. Extension of time for petition for new trial. Sec. 5297. Restoration. Sec. 5298. Leave requirements pending review of certain court-martial convictions. TITLE LX--PUNITIVE ARTICLES Sec. 5301. Reorganization of punitive articles. Sec. 5302. Conviction of offense charged, lesser included offenses, and attempts. Sec. 5303. Soliciting commission of offenses. Sec. 5304. Malingering. Sec. 5305. Breach of medical quarantine. Sec. 5306. Missing movement; jumping from vessel. Sec. 5307. Offenses against correctional custody and restriction. Sec. 5308. Disrespect toward superior commissioned officer; assault of superior commissioned officer. Sec. 5309. Willfully disobeying superior commissioned officer. Sec. 5310. Prohibited activities with military recruit or trainee by person in position of special trust. Sec. 5311. Offenses by sentinel or lookout. Sec. 5312. Disrespect toward sentinel or lookout. Sec. 5313. Release of prisoner without authority; drinking with prisoner. Sec. 5314. Penalty for acting as a spy. Sec. 5315. Public records offenses. Sec. 5316. False or unauthorized pass offenses. Sec. 5317. Impersonation offenses. Sec. 5318. Insignia offenses. Sec. 5319. False official statements; false swearing. Sec. 5320. Parole violation. Sec. 5321. Wrongful taking, opening, etc. of mail matter. Sec. 5322. Improper hazarding of vessel or aircraft. Sec. 5323. Leaving scene of vehicle accident. Sec. 5324. Drunkenness and other incapacitation offenses. Sec. 5325. Lower blood alcohol content limits for conviction of drunken or reckless operation of vehicle, aircraft, or vessel. [[Page S4021]] Sec. 5326. Endangerment offenses. Sec. 5327. Communicating threats. Sec. 5328. Technical amendment relating to murder. Sec. 5329. Child endangerment. Sec. 5330. Rape and sexual assault offenses. Sec. 5331. Deposit of obscene matter in the mail. Sec. 5332. Fraudulent use of credit cards, debit cards, and other access devices. Sec. 5333. False pretenses to obtain services. Sec. 5334. Robbery. Sec. 5335. Receiving stolen property. Sec. 5336. Offenses concerning Government computers. Sec. 5337. Bribery. Sec. 5338. Graft. Sec. 5339. Kidnapping. Sec. 5340. Arson; burning property with intent to defraud. Sec. 5341. Assault. Sec. 5342. Burglary and unlawful entry. Sec. 5343. Stalking. Sec. 5344. Subornation of perjury. Sec. 5345. Obstructing justice. Sec. 5346. Misprision of serious offense. Sec. 5347. Wrongful refusal to testify. Sec. 5348. Prevention of authorized seizure of property. Sec. 5349. Wrongful interference with adverse administrative proceeding. Sec. 5350. Retaliation. Sec. 5351. Extraterritorial application of certain offenses. Sec. 5352. Table of sections. TITLE LXI--MISCELLANEOUS PROVISIONS Sec. 5401. Technical amendments relating to courts of inquiry. Sec. 5402. Technical amendment to article 136. Sec. 5403. Articles of Uniform Code of Military Justice to be explained to officers upon commissioning. Sec. 5404. Military justice case management; data collection and accessibility. TITLE LXII--MILITARY JUSTICE REVIEW PANEL AND ANNUAL REPORTS Sec. 5421. Military Justice Review Panel. Sec. 5422. Annual reports. TITLE LXIII--CONFORMING AMENDMENTS AND EFFECTIVE DATES Sec. 5441. Amendments to UCMJ subchapter tables of sections. Sec. 5442. Effective dates. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. In this Act, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT Subtitle A--Authorization of Appropriations SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2017 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101. Subtitle B--Army Programs SEC. 111. DISTRIBUTED COMMON GROUND SYSTEM-ARMY. (a) Training for Operators.--The Secretary of the Army shall take such actions as may be necessary to improve training for operators of the Distributed Common Ground System-Army (DCGS-A) and their leaders, at division level and below tactical units, with equipment that was current as of the day before the date of the enactment of this Act. (b) Fielding of Capability.-- (1) In general.--The Secretary shall rapidly identify and field a capability for fixed and deployable multi-source ground processing systems for units described in subsection (a). (2) Commercially available equipment.--In meeting the requirement in paragraph (1), the Secretary shall procure a commercially available off the shelf, non-developmental capability that-- (A) meets essential tactical operational requirements for processing, analyzing and displaying intelligence information; (B) is substantially easier for personnel in tactical units to use than the Distributed Common Ground System-Army; and (C) requires less training than the Distributed Common Ground System-Army. (3) Limitation on award of contract.--The Secretary may not award any contract for the design, development, procurement, or operation and maintenance of any data architecture, data integration, ``cloud'' capability, data analysis, or data visualization and workflow capabilities, including various warfighting function-related tools under or contributing to any increment of the Distributed Common Ground System-Army, for tactical units described in subsection (a) unless the contract-- (A) is awarded not later than 180 days after the date of the enactment of this Act; (B) is awarded using procedures relating to the acquisition of commercial items pursuant to part 12 of the Federal Acquisition Regulation (48 CFR 12.000 et seq.); (C) includes firm fixed-price procedures; and (D) provides that the technology to be procured through the contract will-- (i) begin initial fielding rapidly after the contract award; (ii) achieve Initial Operating Capability (IOC) within nine months of the contract award; and (iii) achieve Full Operating Capability (FOC) within 18 months of the contract award. SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M/HH-60M BLACK HAWK HELICOPTERS. (a) Authority for Multiyear Procurement.--Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2017 program year, for the procurement of UH-60M/HH-60M Black Hawk helicopters. (b) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such later fiscal year. SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE HELICOPTERS. (a) Authority for Multiyear Procurement.--Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2017 program year, for the procurement of AH-64E Apache helicopters. (b) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2017 is subject to the availability of appropriations for that purpose for such later fiscal year. Subtitle C--Navy Programs SEC. 121. INCREMENTAL FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF LHA REPLACEMENT SHIP DESIGNATED LHA 8. (a) Authority To Use Incremental Funding.--The Secretary of the Navy may enter into and incrementally fund a contract for detail design and construction of the LHA Replacement ship designated LHA 8 and, subject to subsection (b), funds for payments under the contract may be provided from amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2017 and 2018. (b) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for any subsequent fiscal year is subject to the availability of appropriations for that purpose for such subsequent fiscal year. SEC. 122. LITTORAL COMBAT SHIP. (a) Report on Littoral Combat Ship Mission Packages.-- (1) In general.--The Secretary of the Navy shall include annually with the justification materials submitted with the budget of the President under section 1105(a) of title 31, United States Code, a report on Littoral Combat Ship mission packages. (2) Elements.--The report required under paragraph (1) shall include for each mission package and increment therein the following elements: (A) A description of the current status of and plans for development, production, and sustainment, including-- (i) currently projected versus originally estimated unit costs for each system composing the mission package; (ii) currently projected versus originally estimated development cost, procurement cost, and 20-year sustainment cost for each system composing the mission package; (iii) demonstrated versus required performance for each system composing the mission package and for the mission package as a whole; and (iv) realized and potential cost, schedule, or performance problems with such development, production, or sustainment and mitigation plans to address such problems. (B) A description, including dates, for each developmental test, operational test, integrated test, and follow-on test event completed in the preceding fiscal year and forecast in the current fiscal year and each of the next five fiscal years. (C) The planned initial operational capability (IOC) date and a description of the performance level criteria that must be demonstrated to declare IOC. (D) A description of systems that reached IOC in the preceding fiscal year and the performance level demonstrated versus the performance level required. (E) The acquisition inventory objective listed by system. (F) The current locations and quantities of delivered systems listed by city, State, and country. [[Page S4022]] (G) The planned locations and quantities of systems listed city, State, and country in each of the next five fiscal years. (b) Certification of Littoral Combat Ship Mission Package Program of Record.-- (1) In general.--The Undersecretary of Defense for Acquisition, Technology, and Logistics shall include with the justification materials submitted with the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2018 a certification on Littoral Combat Ship mission packages. (2) Certification.--The certification required under paragraph (1) shall include the current program of record quantity for-- (A) surface warfare (SUW) mission packages; (B) anti-submarine warfare (ASW) mission packages; and (C) mine countermeasures (MCM) mission packages. (c) Limitation on the Use of Funds To Revise or Deviate From the Littoral Combat Ship Acquisition Strategy.-- (1) Limitation on revisions and deviations.--Except as provided under paragraph (2), 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 used to revise or deviate from revision three of the Littoral Combat Ship acquisition strategy. (2) Waiver.--The Secretary of Defense may waive the limitation required under paragraph (1) if the Secretary submits to the congressional defense committees a notification of such waiver. The waiver shall include-- (A) the rationale of the Secretary for issuing such waiver to revise or deviate from revision three of the Littoral Combat Ship acquisition strategy; (B) a determination that a proposed revision to, or deviation from, revision three of the Littoral Combat Ship acquisition strategy is in the national security interest; (C) a description of the specific revisions or deviations to the Littoral Combat Ship acquisition strategy; (D) the Littoral Combat Ship acquisition strategy that is in effect following such revision or deviation; and (E) Independent Cost Estimates prepared by the Assistant Secretary of the Navy for Financial Management and Comptroller, as well as the Office of the Secretary of Defense, that compare the cost of such revision or deviation to revision three of the Littoral Combat Ship acquisition strategy. (d) Definitions.--In this section: (1) Littoral combat ship mission package.--The term ``Littoral Combat Ship mission package'' means a mission module combined with the crew detachment and support aircraft. (2) Mission module.--The term ``mission module'' means the mission systems (such as vehicles, communications, sensors, weapons systems) combined with support equipment (such as support containers and standard interfaces) and software (including related to the mission package computing environment and multiple vehicle communications system). (e) Repeal of Reporting Requirements Related to Naval Vessels and Merchant Marine.--Section 126 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1657) is amended by striking subsection (b). SEC. 123. CERTIFICATION ON SHIP DELIVERIES. (a) In General.--The delivery of the USS JOHN F. KENNEDY (CVN-79), the USS ZUMWALT (DDG-1000), and any other new construction ship that employs a multiple phase delivery scheme shall be deemed to occur at the completion of the final phase of construction. (b) Certification Requirement.--Not later than January 1, 2017, the Secretary of the Navy shall certify that ship delivery dates have been adjusted in accordance with subsection (a). The certification shall include the ship hull numbers and delivery date adjustments. The adjustments shall be reflected in the budget of the President submitted under section 1105(a) of title 31, United States Code, as well as Department of Defense Selected Acquisition Reports. SEC. 124. LIMITATION ON THE USE OF SOLE SOURCE SHIPBUILDING CONTRACTS. (a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for Joint High Speed Vessels (JHSV) or Expeditionary Fast Transports (EPF) may be used to enter into or prepare to enter into a sole source contract unless the Secretary of the Navy submits to the congressional defense committees the certification described in subsection (b) and the report described in subsection (c). (b) Certification.--A certification described in this subsection is a certification by the Secretary of the Navy that a contract for one or more Joint High Speed Vessels (JHSV) or Expeditionary Fast Transports (EPF)-- (1) is in the national security interest of the United States; (2) will not result in exceeding the requirement for the ship class, as delineated in the most recent Navy Force Structure Assessment; (3) will use a fixed-price contract; (4) will include a fair and reasonable contract price, as determined at the discretion of the Service Acquisition Executive; and (5) will provide for government purpose data rights of the ship design. (c) Report.--A report described in this subsection is a report that contains the following elements: (1) The basis for awarding a non-competitive sole source contract. (2) A description of courses of action to achieve competitive ship or component-level contract awards in the future, should additional ships in the class be procured, including for each such course of action, a notional implementation schedule and associated cost savings, as compared to a sole source award. SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ADVANCED ARRESTING GEAR PROGRAM. (a) Limitation on Funds.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for research and development, design, procurement, or advanced procurement of materials for the Advanced Arresting Gear to be installed on USS ENTERPRISE (CVN-80) may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report described under section 2433a(c)(2) of title 10, United States Code, for the Advanced Arresting Gear program. (b) Baseline Estimate.--The Secretary of Defense shall deem the 2009 Advanced Arresting Gear acquisition program baseline as the original Baseline Estimate and execute the requirements of sections 2433 and 2433a of title 10, United States Code, as though the Department had submitted a Selected Acquisition Report with this Baseline Estimate included. SEC. 126. LIMITATION ON PROCUREMENT OF USS JOHN F. KENNEDY (CVN-79) AND USS ENTERPRISE (CVN-80). (a) Limitation.--Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for advance procurement or procurement of USS JOHN F. KENNEDY (CVN-79) or USS ENTERPRISE (CVN-80), not more than 25 percent may be obligated or expended until the Secretary of the Navy and the Chief of Naval Operations submit to the congressional defense committees the report required under subsection (b). (b) Report on CVN-79 and CVN-80.--Not later than December 1, 2016, the Secretary of the Navy and the Chief of Naval Operations shall submit to the congressional defense committees a report on alternatives, including de-scoping requirements if necessary, to achieve a CVN-80 procurement end cost of $12,000,000,000. In addition, the report shall describe all applicable CVN-80 alternatives that could be applied to CVN-79 to enable an $11,000,000,000 procurement end cost. (c) Annual Report on CVN-79 and CVN-80.-- (1) In general.--The Secretary of the Navy and the Chief of Naval Operations shall annually submit, with the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, a progress report describing efforts to attain the CVN-79 and CVN-80 procurement end costs specified in subsection (b). (2) Elements.--The report under paragraph (1) shall include the following elements: (A) A description of progress made toward achieving the procurement end costs specified in subsection (b), including realized cost savings. (B) A description of specific low value-added or unnecessary elements of program cost that have been reduced or eliminated. (C) Cost savings estimates for current and planned initiatives. (D) A schedule including a spend plan with phasing of key obligations and outlays, decision points when savings could be realized, and key events that must take place to execute initiatives and achieve savings. (E) Instances of lower estimates used in contract negotiations. (F) A description of risks to achieving the procurement end costs specified in subsection (b). (G) A description of incentives or rewards provided or planned to be provided for meeting the procurement end costs specified in subsection (b). SEC. 127. LIMITATION ON AVAILABILITY OF FUNDS FOR TACTICAL COMBAT TRAINING SYSTEM INCREMENT II. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2017 for the Department of Defense for the Tactical Combat Training System Increment II, not more than 75 percent may be obligated or expended until 60 days after the Secretary of the Navy submits to the congressional defense committees the report required by section 235 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 780). Subtitle D--Air Force Programs SEC. 141. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF A-10 AIRCRAFT. Section 142 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755) is amended-- (1) in subsection (a)-- (A) by inserting ``or any subsequent fiscal year'' after ``fiscal year 2016''; and (B) by inserting ``until the Secretary of the Air Force and Chief of Staff of the Air Force submit to the congressional defense committees the report described in subsection (f)(2)'' before the period at the end; (2) in subsection (b)(1)-- (A) by striking ``during the period before December 31, 2016,''; and (B) by inserting ``until the Secretary and Chief of Staff submit the report described in [[Page S4023]] subsection (f)(2)'' before the period at the end; (3) in subsection (c)-- (A) by inserting ``or any subsequent fiscal year'' after ``fiscal year 2016''; and (B) by inserting ``or to reduce manning levels to less than those commensurate with other Air Force fighter operational, test, or training units or divisions until the Secretary and the Chief of Staff submit the report described in subsection (f)(2)'' before the period at the end; (4) in subsection (d)-- (A) by striking ``during the period before December 31, 2016,''; and (B) by inserting ``until the Secretary and Chief of Staff submit the report described in subsection (f)(2)'' before the period at the end; (5) by redesignating subsection (e) as subsection (g); and (6) by inserting after subsection (d) the following new subsections: ``(e) Comparison Test of the F-35A and A-10C Aircraft.--The Director for Operational Test and Evaluation (DOT&E) shall ensure the initial operational test and evaluation (IOT&E) of the F-35 aircraft includes a realistic comparison and evaluation test examining the abilities of the F-35A aircraft and A-10C aircraft in conducting close air support, combat search and rescue, and forward air controller (airborne) missions under a tactically representative variety of combat conditions. ``(f) Reports Required.-- ``(1) Director of operational test and evaluation.--The Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the following elements: ``(A) The results and findings of the initial operational test and evaluation of the F-35 aircraft program. ``(B) The results and findings of the comparison test and evaluation required under subsection (e) that details the results of all scenarios tested and the capabilities of the F-35A and the A-10C aircraft in conducting close air support, combat search and rescue, and forward air controller (airborne) missions in a tactically representative variety of combat conditions. ``(C) A detailed assessment of the F-35A aircraft's close air support, combat search and rescue, and forward air controller (airborne) capabilities and whether the replacement of the A-10C aircraft with the F-35A aircraft for these missions would create a capability gap in these missions. ``(2) Secretary of the air force and chief of staff of the air force.-- ``(A) Report required.--Not later than 180 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force and Chief of Staff of the Air Force shall submit to the congressional defense committees a report that includes-- ``(i) the views of the Secretary and Chief of Staff with respect to the results of the initial operational test and evaluation of the F-35 aircraft program as summarized in the report under paragraph (1), including any issues or concerns of the Secretary and Chief of Staff with respect to such results; ``(ii) a plan for addressing any deficiencies and carrying out any corrective actions identified in such report; and ``(iii) short-term and long-term strategies for preserving the capability of the Air Force to conduct close air support, combat search and rescue, and airborne forward air controller missions. ``(B) Report by comptroller general of the united states.-- ``(i) In general.--Not later than 90 days after the date that the Secretary of the Air Force and Chief of Staff of the Air Force submit the report required under subparagraph (A), the Comptroller General of the United States shall submit to the congressional defense committees a report on the report submitted under such subparagraph. ``(ii) Contents.--The report submitted under clause (i) shall include the following: ``(I) An assessment of whether the conclusions and assertions included in the report submitted under subparagraph (A) are comprehensive, fully supported, and sufficiently detailed. ``(II) An identification of any shortcomings, limitations, or other reportable matters that affect the quality of the report's findings or conclusions. ``(3) Form.--The reports submitted under paragraph (1) and paragraph (2)(B) may be submitted in classified form, but shall contain unclassified summaries.''. SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR DESTRUCTION OF A-10 AIRCRAFT IN STORAGE STATUS. (a) Limitation.--None of the amounts authorized to be appropriated by this Act or otherwise made available for the Air Force may be obligated or expended to scrap, destroy, or otherwise dispose of any A-10 aircraft in any storage status in the Aerospace Maintenance and Regeneration Group (AMARG) that have serviceable wings or other components that could be used to prevent total active inventory A-10 aircraft from being permanently removed from flyable status due to unserviceable wings or other components until the F-35 initial operational test and evaluation is complete and the Secretary of the Air Force and Chief of Staff of the Air Force submit the report required under subsection (f)(2) of section 142 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755), as added by section 141 of this Act. (b) Notification Requirement.--The Deputy Chief of Staff of the Air Force for Logistics, Engineering and Force Protection shall notify the congressional defense committees at least 45 calendar days in advance of any action to scrap, destroy, or otherwise dispose of any A-10 aircraft in any storage status at AMARG. The notification shall include a certification that the A-10 aircraft does not possess serviceable wings or other components necessary to prevent the permanent removal from flyable status of total active inventory A-10 aircraft. (c) Plan To Prevent Removal of Total Active Inventory A-10 Aircraft From Flyable Status.--The Secretary of the Air Force shall submit with the budget for the Department of Defense for fiscal year 2018, as submitted to Congress pursuant to section 1105 of title 31, United States Code, and shall implement, a plan to prevent any total active inventory A-10 aircraft from being permanently removed from flyable status for unserviceable wings or any other required component over the course of the future years defense plan. SEC. 143. REPEAL OF THE REQUIREMENT TO PRESERVE CERTAIN RETIRED C-5 AIRCRAFT. Section 141 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1659) is amended-- (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). SEC. 144. REPEAL OF REQUIREMENT TO PRESERVE F-117 AIRCRAFT IN RECALLABLE CONDITION. Section 136 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2114) is amended by 